What does Harmonisation mean? Harmonisation describes the practical process of aligning laws, regulations and standards across jurisdictions so that materially similar rules apply, reducing regulatory divergence, compliance costs and barriers to cross‑border activity. The term is a descriptive expression rather than a single defined concept in UK or Irish legislation. In EU law (relevant to Ireland), it commonly refers to the approximation of laws through regulations and directives. Instruments may provide for minimum harmonisation (setting a floor and permitting stricter national rules) or maximum/full harmonisation (precluding national divergence). In England & Wales, Scotland and Northern Ireland, usage is consistent with the above, though since Brexit there...
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The lack of alignment across countries’ insolvency regimes influences:
A more consistent framework should not only raise returns to creditors and facilitate cross-border investment, but also support entrepreneurship, employment and innovation. In turn, greater clarity benefits markets and reduces barriers to cross-border investment decisions made by international creditors and investors. The World Bank has, on multiple occasions, produced substantial studies showing that enhanced insolvency legislation stimulates increased investment in a given country (see Practice Note: Table of advantages and disadvantages of restructuring in various jurisdictions worldwide and News Analysis: Coronavirus (COVID-19)—A nucleus for significant reform), and divergences between national frameworks generate higher costs and uncertainty when evaluating the risks of investing in another state (as observed by the European Systemic Risk Board (ESRB); see: LNB News 12/05/2025 17). The Regulation (EU) 2015/848 (OJ L141 5.6.2015 p 19), Recast Regulation on Insolvency [EU Recast Regulation on Insolvency] (which applied in full to England pre-Brexit) did not aim to comprehensively harmonise or displace national insolvency rules and procedures, which remained applicable. Nevertheless, certain reforms within the EU Recast Regulation on Insolvency, such as co-ordination proceedings for...
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 ]...