What does Attorney General mean? In legal practice, the Attorney General is the government’s chief legal adviser and, in the UK, a Law officer of the Crown who represents the public interest in litigation and exercises supervisory and consent functions in criminal justice. The office is constitutional, with functions set across statute and case law rather than a single Act. In England and Wales, the Attorney General advises the Crown and UK Government, superintends the Crown Prosecution Service and Serious Fraud Office, gives consent for specified prosecutions, intervenes in contempt, charity and relator matters, and may refer unduly lenient sentences to the Court of Appeal. In...
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The Crown, in its role as parens patriae, has the principal authority over the application of charitable assets, exercised through the Attorney General, although this authority has been widely devolved over time and in practice. The High Court retains inherent jurisdiction regarding charitable matters, as explained below in outline only. While this note addresses only the court’s jurisdiction, it should also be noted that:
The court’s inherent jurisdiction in relation to charity is exercised in the High Court within the Chancery Division, as a matter of course. Charity proceedings are ordinarily heard in the Business and Property Courts, in the Property, Trusts and Probate List, where such cases are listed.
In practice, although the court continues to hold jurisdiction over these matters,...
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 ]...