What does Knowledge mean? In legal practice, knowledge describes a person’s actual awareness that a fact or circumstance exists, going beyond mere suspicion. It is addressed in both legislation and case law and its use is broadly consistent across England & Wales, Scotland, Northern Ireland and Ireland. In criminal law, knowledge forms part of the mens rea for offences requiring that the defendant knows a relevant fact (for example, that property is stolen), and can include wilful blindness (deliberately avoiding confirming what is obvious). In civil law, knowledge allocates risk and affects time limits: limitation rules refer to the date of knowledge (actual or constructive)...
Read More
This Practice Note sets out how cultivating and advancing home-grown talent benefits a firm, preserving critical skills and Knowledge in-house while serving as a strong incentive for ambitious, capable individuals. Recruitment is both expensive and protracted, especially for senior appointments—growing leaders internally can be markedly more time- and cost-efficient. This Practice Note covers:
The key question to pose is: which leadership capabilities do we need now, and which will we require in future? Be crystal clear about the qualities you seek before you begin to look for them. Key skills required of leaders include the ability to:
Each firm will have its own specific requirements...
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 ]...