What does Preservation mean? In pensions practice, preservation refers to statutory rules that protect a member’s accrued pension rights when they leave service before retirement, so those rights are kept (deferred) rather than forfeited. In England & Wales and Scotland, preservation is set mainly by the Pension Schemes Act 1993 and the Occupational Pension Schemes (Preservation of Benefit) Regulations 1991; Northern Ireland has parallel provisions in its 1993 Act and Regulations; Ireland’s regime is under the Pensions Act 1990. Key features include: a vesting/qualifying service period (typically two years) after which the member becomes entitled to preserved benefits; provision of at least short service benefit,...
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This Practice Note examines Regulation (EU) 655/2014, which establishes the European Account Preservation Order (EAPO) procedure to streamline cross-border debt recovery in civil and commercial matters. The Regulation introduces a harmonised mechanism for Enforcement against debtors, aiming to cut Costs and delays in cross-border claims. Under the EAPO Regulation, creditors may obtain account preservation orders on uniform conditions, irrespective of the state in which the competent court sits. The note considers when EAPOs are available, the criteria for issuing an EAPO, and the procedure for applying. As third states and the Regulation’s Member States operate diverse debtor enforcement mechanisms and legal systems for granting such relief, the EAPO Regulation has brought substantial change to this area. An EAPO can only be pursued by creditors domiciled in a Member State and solely for bank accounts held in a Member State. Accordingly, the Regulation does not apply to creditors domiciled in third states, nor to accounts located in third states. However, third state entities and banks that hold accounts or conduct operations in participating Member States are subject to the Regulation. Lawyers based in third states need to be aware of...
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 ]...