What does Use mean? In legal practice, Use describes any act of dealing with information, materials, works, data or technology. It is usually a contractual umbrella term capturing a broad range of actions, commonly including to distribute, disclose, store, use, analyse, copy, reproduce, extract, modify or adapt, whether in whole or in part. Use is not generally fixed by statute; its scope turns on the wording of the relevant agreement and context. That said, it intersects with specific legal regimes. In intellectual property, “use” of a trade mark in the course of trade (UK Trade Marks Act 1994; Irish Trade Marks Act 1996) and the...
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This archived Tracker helps determine whether a state is a signatory to the Lugano Convention 2007 and if it has taken effect in that state. The EU has refused the UK’s request to accede to the convention in its own capacity. It is not updated and is provided purely for background. For fuller guidance on the extent to which the Lugano Convention 2007 will, after IP completion day (ie 31 December 2020, at 11 pm) and notwithstanding the EU’s rejection of the UK’s accession, still be applied by the courts of England and Wales, as well as by the courts of the remaining contracting states in matters involving a UK element, see the following Practice Notes:
This Tracker uses the following definitions and abbreviations:
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 ]...