What does Beneficiary mean? In legal practice, a beneficiary is the person or entity for whose benefit property is held or administered, most commonly under a trust or will. In trust law, the trustee holds legal title while the beneficiary holds the beneficial (equitable) interest and may enforce the trust. The term is largely descriptive rather than uniformly defined by statute, though particular Acts, scheme rules and trust instruments may define beneficiary classes. Key features include: fixed or discretionary entitlements; present, future, contingent or defeasible interests; and eligibility of individuals, charities and other bodies. Beneficiaries may, subject to the trust terms and capacity,...
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Many in-house legal teams often act as the gateway through which the business engages law firms. Where the legal function holds responsibility for managing the budget for external spend, that approach is reasonable. However, if the business user or beneficiary of the advice funds the work and needs guidance regularly, well-governed direct access can be sensible. This Practice Note offers practical pointers for in-house lawyers on setting up processes that allow business colleagues to reach external legal resources directly.
When exploring direct routes to external legal advice, certain pitfalls must be tightly controlled or avoided; a business user might:
A key pre-requisite, particularly where direct access is not yet permitted, is the presence of a strong relationship between the law firm, the in-house legal department and the relevant business person...
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 ]...