What does Factor mean? In receivables finance, a factor is the receivables purchaser that provides a factoring facility, buying a supplier’s trade debts (book debts/invoices) and advancing funds, often with credit control, ledger management and collections. The term is descriptive in this context rather than a defined statutory term. A factor typically acquires receivables under a factoring agreement or receivables purchase agreement, on a disclosed or confidential basis, and either with recourse (supplier retains credit risk) or non-recourse (credit risk transfer, often supported by credit insurance or limits). The transfer is effected by assignment/assignation of receivables and related rights, with notice to...
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This PrACTice Note offers an overview of the considerations the court must take into account, contained in section 25 of the Matrimonial Causes Act 1973 (MCA 1973) — commonly referred to as the section 25 checklist or Section 25 factors — together with the parallel provisions in Schedule 5, Part 5 to the Civil Partnership Act 2004 (CPA 2004). The checklist is engaged when the court considers whether to exercise, and how to deploy, its powers under MCA 1973, ss 23, 24, 24A, 24B or 24E (or their civil partnership equivalents), namely in relation to financial provision orders (periodical payments and lump sum orders), property adjustment orders, orders for the sale of property, pension sharing orders and pension sharing compensation orders. See also Practice Note: Financial proceedings—orders that can be made by the court.
Notwithstanding the extensive body of case law on financial orders, the starting point remains the checklist in MCA 1973, s 25 — see also: Civil partnership. Under MCA 1973, s 25(1), the court must have regard to ‘all the circumstances of the case’...
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 ]...