What does Performance mean? In copyright practice, performance means the live rendition of a literary, dramatic or musical work to an audience; doing so “in public” is a restricted act that normally requires the copyright owner’s permission/licence. This is set out in section 19 of the Copyright, Designs and Patents Act 1988 (UK) and the Copyright and Related Rights Act 2000 (Ireland). Whether an act is “in public” is determined by context and case law; private or domestic use is excluded. For films and sound recordings, the analogous restricted act is showing or playing in public; online streaming is generally treated as communication or...
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This year’s annual review reflects on the most notable developments in family financial provision during 2017, spanning the sharing principle and non-matrimonial property, contributions and stellar performance, variation of financial orders, and fresh guidance from the President of the Family Division on standard orders and the financial remedies court. It also outlines updates to LexisNexis®’s content and what lies ahead over the next 12 months.
The Family Procedure (Amendment No 2) Rules 2017, SI 2017/741 revised the Family Procedure Rules 2010 (FPR 2010), SI 2010/2955, r 9.15, so that all matters should be listed for a financial dispute resolution (FDR) appointment, except in defined situations.
Before these changes, FPR 2010, r 9.15(4) required the court at the first appointment to decide if an FDR referral was suitable and, if so, to order that an FDR take place. FPR 2010, SI 2010/2955, r 9.15(4) now provides that the court must direct a referral to an FDR unless:
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 ]...