What does Executive mean? In local government practice, “Executive” refers to the political leadership that takes day-to-day decisions on council services, typically senior councillors holding portfolio responsibilities. In England (and many Welsh authorities) it is a statutory body under the Local Government Act 2000: either a leader and cabinet or an elected mayor and cabinet. It exercises “executive functions”, with decisions (including key decisions) subject to publication, transparency rules and overview and scrutiny (including call-in), while full council sets the budget and policy framework. In Wales, executives are similarly provided for under the 2000 Act and Welsh regulations, though councils may instead operate a committee...
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The judicial branch of government in England and Wales acts independently from the executive and legislature, and remains institutionally distinct, and comprises the Senior Courts: the Court of Appeal, the High Court and the Crown Court. County Courts and the magistrates’ courts form another tier of the judiciary. The Constitutional Reform Act 2005 (CRA 2005) made provision for a Supreme Court to serve as the UK’s ultimate court of appeal. The UK Supreme Court came into being in October 2009, supplanting the Appellate Committee of the House of Lords as the nation’s highest court. It stands apart from the Courts of England and Wales, as it also functions as the Supreme Court for Scotland and for Northern Ireland. Judges and magistrates are appointed by, and derive their authority from, the Crown. They must, however, exercise that authority lawfully, adhering to established and articulated procedures. Accordingly, the proper operation of the judiciary depends upon independence, neutrality and freedom from political or other influence, whether direct or indirect, when interpreting the law and resolving disputes at every level and in every forum. For further detail on the separation of powers, see Practice Note: Separation of powers: legislative, executive and judiciary...
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 ]...