What does Spectrum mean? In legal and finance practice, Spectrum refers to National Westminster Bank plc v Spectrum Plus Ltd [2005] 4 All ER 209, the leading House of Lords decision on characterising security over receivables (book debts). It confirms that labelling a charge as “fixed” is not determinative: a fixed charge requires the secured creditor to exercise real control over both the debts and their proceeds, typically by requiring payment into a blocked account from which the chargor cannot withdraw without consent. If the chargor may pay into an ordinary account and use the funds in the ordinary course, the security is a...
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This Practice Note delivers a concise, quick-reference overview of the wireless telecoms sector for commercial lawyers. Mobile electronic communications networks are commonly called cellular networks because they consist of a mosaic of cells, arranged to let the network exploit its allocated frequency spectrum with maximum efficiency. A cell is the coverage area served by a base station (BS), and neighbouring cells operate on different frequencies to reduce channel interference. In rural locations, cells span wider areas than in dense urban settings, where additional capacity is needed.
global system for mobile communications (GSM—so named as a backronym, the original title being Groupe Spécial Mobile) is the most widespread network standard. GSM is regarded as 2G (second generation, with the first generation being analogue mobile networks). 2G has evolved from the platform first rolled out in 1991, through the arrival of the packet data capability, General Packet Radio Service (GPRS), in 1997 (therefore 2.5G), and further with higher packet data rates from 1999 via the Enhanced Data Rates for GSM Evolution (EDGE) standard (therefore 2.75G, though at times described as a 3G technology—see below). GPRS supports data transmission at typical, sustained and peak mobile data rates starting from...
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 ]...