What does Factor mean? In receivables finance, a factor is the receivables purchaser that provides a factoring facility, buying a supplier’s trade debts (book debts/invoices) and advancing funds, often with credit control, ledger management and collections. The term is descriptive in this context rather than a defined statutory term. A factor typically acquires receivables under a factoring agreement or receivables purchase agreement, on a disclosed or confidential basis, and either with recourse (supplier retains credit risk) or non-recourse (credit risk transfer, often supported by credit insurance or limits). The transfer is effected by assignment/assignation of receivables and related rights, with notice to...
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This Practice Note explains the statutory duty on the court to consider the parties’ needs in line with the section 25 checklist in the Matrimonial Causes Act 1973, and the equivalent provisions for civil partners in the Civil partnership Act 2004, Sch 5 Pt 5. It also reviews relevant authorities on needs, the treatment of non-matrimonial/civil partnership property, and the Family Justice Council’s guidance on needs...
Under MCA 1973, s 25(2)(b), the court must have regard to the financial needs, obligations and responsibilities that each spouse has, or can be expected to have, in the foreseeable future. The mirror provision for civil partners appears in CPA 2004, Sch 5 Pt 5, para 21(2)(b)...
The welfare of any child of the family, while a minor, is the court’s first consideration. An appraisal of the parties’ needs is not undertaken in isolation; the court assesses all the circumstances and the remaining elements of the section 25 checklist—see: Factors considered by the court on financial provision—the section 25 checklist...
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 ]...