What does Equalisation mean? Equalisation is a fund‑accounting and distribution mechanism used by unit trusts, OEICs and other authorised funds to allocate income fairly between investors who buy or sell during a distribution period. As income from the fund’s assets accrues between distribution dates, it is reflected in the unit price/NAV. A purchaser therefore pays a price that includes accrued income. On the next distribution, the portion attributable to income accrued before acquisition is returned to that investor as “equalisation”, so that only the post‑acquisition element is treated as income. In UK practice (England & Wales, Scotland and Northern Ireland), equalisation is recognised in the...
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Guaranteed minimum pensions (GMPs) came into being on 6 April 1978, arriving at the very moment the State Earnings-Related pension scheme (SERPS) was launched. The legislation in force at the time — namely the Social Security Act 1975 and the Social Security Pensions Act 1975 — allowed an employee’s employment to be contracted out of SERPS provided particular conditions were met. In essence, those conditions required the employee to be enrolled in a pension scheme that promised to pay a pension of at least a guaranteed minimum amount. That guaranteed minimum was intended to match the pension the employee would otherwise have received under SERPS. Generally, it was expected that the benefits actually payable from the relevant scheme would exceed the GMP. The principal appeal of contracting-out was that, because the state would not be required to pay SERPS as well as the individual’s basic state pension (except where, in a specific case, the GMP proved lower than the SERPS entitlement would have been), a reduced rate of national insurance contributions became payable in respect of employees who belonged to a contracted-out scheme...
When evaluating a general damages claim, the practitioner ought initially to refer to the Judicial College Guidelines (JCG)...
This Practice Note This Practice Note reviews mechanisms used in settling litigation. A Tomlin order consists of a consent order paired with a schedule. It operates to stay proceedings on terms that have been agreed. The provisions contained in the schedule may remain confidential. This Practice Note describes the scope of confidentiality attaching to the schedule and sets out how it differs from a standard consent order. Sample wording for a Tomlin order is included, alongside links to precedents, as well as guidance on court approval. It also addresses varying, setting aside and enforcing a Tomlin order, including the considerations the court will take into account when handling applications for each. Further guidance is provided on interpreting and applying the relevant provisions of the CPR; however, some courts and divisions impose very specific requirements for both drafting and approval, and for approaching the schedule and confidentiality issues. Accordingly, you must consider the particular rules and court guide provisions in the forum where your claim is proceeding when drawing up the Tomlin order...
Date [ date ] Parties [ name of Landlord ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Landlord) [ name of Tenant ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Tenant) [ [ name of Guarantor ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Guarantor) ] [ [ name of Mortgagee ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Mortgagee) ] Definitions Within this Deed, the terms below shall be interpreted as follows: [ Annual Rent • the annual sum reserved under the Lease; ] [ Insurance Rent • the Tenant’s share of the Landlord’s costs of insuring the Property (as set out in the Lease); ] Lease • the lease of the Property dated [ date ], entered into between (1) [ the Landlord OR [ name ...
I, [ name ], of [ address ], solemnly and sincerely state that: [ Matters to be verified, set out in numbered paragraphs ] I make this solemn statement in good conscience, believing it to be true, and pursuant to the provisions of the Statutory Declarations Act 1835. DECLARED at [ details ] this [ day ] day of [ month and year ] Before me ................................................................................ [ signature of the person before whom the declaration is made ] A [ commissioner for oaths OR [ solicitor OR [ insert other qualification ] ] authorised to administer oaths ]...