What does Netting mean? Netting is the contractual mechanism by which two (or more) counterparties with mutual obligations offset them so that only a single net balance is payable—either on each settlement date or following termination or default. It reduces credit and settlement risk and is standard in derivatives (ISDA), repo (GMRA) and securities lending (GMSLA), and in multilateral clearing via a CCP. The term is descriptive across legal contexts. Specific forms include: - Payment netting (periodic offset of payable amounts); - Novation netting (rolling existing trades into a single net position); - Close-out netting (on default/insolvency, terminating transactions, valuing them and netting to a single sum). In the...
Read More
In finance transactions, the expressions ‘Netting’ and ‘set-off’ are often treated as if they are identical, although they are distinct concepts. The overlap arises because both netting and set-off can deliver the same economic result for the parties. This Practice Note outlines the distinction between netting and contractual set-off and indicates how netting is typically employed in commercial finance transactions.
To grasp netting, it helps first to consider set-off, particularly contractual set-off. Set-off is the satisfaction of mutual monetary obligations, whereby one sum is discharged to the extent of the other. A right of set-off permits one party (Y) to apply the amount owed to it by the other party (X) against the amount it owes that other party (X), allowing Y to reduce or eliminate its liability to X, e.g. contractual set-off arises where a right of set-off is created by agreement between the parties. For further detail, see Practice Notes: What is set-off and when is it available? and Contractual set-off.
As with contractual set-off, netting is a contractual mechanism between two parties, used to address reciprocal obligations in finance arrangements...
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 ]...