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 outlines how widespread stress is and the threats to mental health across the legal sector, explains why mental health and wellbeing deserve serious attention, and sets out steps you can take to safeguard employees’ wellbeing. It also examines the effect of stigma around mental health and practical tools for tackling such stigma.
A substantial and growing body of studies and commentary now documents the markedly higher rates of psychological distress among lawyers than in the general population. Illustrative sources include the 2021 IBA report, ‘Mental Wellbeing in the Legal Profession—A Global Study’, and the 2023 Mindful Business Charter White Paper, ‘Raising the Bar: Addressing the state of mental health in the legal sector’. The causes are complex, but are commonly viewed as centring on three areas:
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 ]...