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Determining applicable law and jurisdiction, and the territorial scope of statutory employment rights—checklist This Checklist provides an overview of the questions to be asked when determining: • which system of law is applicable to a contract of employment or employment relationship (applicable law) • whose courts and/or tribunals should decide an employment case (jurisdiction), and • how the courts and employment tribunals decide what statutory rights, if any, an employee who works abroad and/or has a foreign employer (territorial application or scope of statutory employment rights) Brexit impact From exit day (31 January 2020) the UK ceased to be an EU Member State but, in accordance with the transitional arrangements provided in the Withdrawal Agreement, the UK was in an implementation period (IP) until 11pm on 31 December 2020, known as ‘IP completion day’. During this period, the UK continued to be treated by the EU as a Member State for many purposes. While it could not participate in the political institutions and governance structures of the EU, the UK...
EU Securitisation Regulation—timeline This timeline shows key developments relating to Regulation (EU) 2017/2402 (the EU Securitisation Regulation) from January 2024 onwards. For earlier developments, see EU and UK Securitisation Regulations—timeline [Archived]. 2025 Date Source Document Description 1 April 2025 AFME The Joint Associations’ response to the ESMA consultation of February 2025 on the revision of the disclosure framework for private securitisation AFME, Commercial Real Estate Finance Council (CREFC) Europe and International Capital Market Association (ICMA) submitted a joint response to the European Securities and Markets Authority's (ESMA) consultation on revising private securitisation disclosure requirements. The joint response argues against: introducing a simplified reporting regime for EU-originated securitisations before wider reforms, citing concerns about potential changes to private securitisation definitions, continued template-based reporting requirements, and unresolved third-country reporting issues. They propose an alternative approach focusing on supervisory reporting needs while allowing more flexible investor disclosures.See: LNB News 01/04/2025 71. 31 March 2025 EBA Joint Committee Report on the implementation and functioning of the Securitisation Regulation (Article 44) The Joint Committee...
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Final payment in JCT Intermediate Building Contract 2016—flowchart This flowchart illustrates the final
Determining jurisdiction in employment disputes (1 January 2021 onwards)—flowchart This Flowchart provides an overview of the questions to be asked when determining international jurisdiction in employment cases, ie where proceedings can be brought, or which courts and/or tribunals should decide the case, where the proceedings were instituted from 1 January 2021 onwards. For further information on jurisdiction in employment cases from 1 January 2021 onwards, see Practice Note: International jurisdiction—the Civil Jurisdiction and Judgments Act 1982 in employment cases. For a Flowchart: • for determining jurisdiction in employment disputes prior to 31 December 2020, see: Determining jurisdiction in employment disputes (to IP completion day)—flowchart [Archived] • for determining the applicable law, ie which system of law is applicable to a contract of employment or employment relationship, see: Determining applicable law in employment disputes—flowchart • for determining the territorial application or scope of statutory employment rights, see: Determining what UK statutory rights an employee has—flowchart For a Checklist that provides an overview of the questions to be asked when determining applicable...
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Employment claims in Scottish civil courts Scottish civil courts, like their counterparts in England and Wales, can and do decide certain employment disputes. However, there are very significant differences between the civil court systems in Scotland and in England and Wales which practitioners need to be aware of. This Practice Note provides an overview of: • the most common orders sought by employment lawyers in Scottish civil courts • the structure of the Scottish civil court system • the jurisdiction and key features of each relevant court • rights of audience • rules of procedure • important points about: ◦ breach of contract claims in Scotland ◦ injunctive (interlocutory) relief in Scotland ◦ dawn raids in Scotland ◦ industrial relations disputes in Scotland ◦ equality of terms claims in Scotland The purpose of this Practice Note is to provide an introduction to the key features of the Scottish civil court system for employment lawyers. It is not intended to and does not purport to be a comprehensive account of...
Probate actions—lack of testamentary capacity With increased life expectancy comes increased mental illness as people’s bodies outlive their minds. Dementia and other mental illnesses including depression, anxiety, psychosis, confusion and personality disorders may all impact a testator’s ability to make a Will. In addition, drug use, alcoholism and recent bereavement can have a significant impact on capacity. Analysis of the test for testamentary capacity For the purpose of assessing a deceased individual's testamentary capacity, recent case law maintains that the test under Banks v Goodfellow is still the appropriate test. That test provides that the testator must: • understand the nature of the act of making a Will and its effects • understand the extent of their estate of which they are disposing by Will • understand and appreciate any claims against their estate, and • not suffer from any ‘disorder of the mind’ such as to impair or influence the above factors In Leonard v Leonard the High Court set out an authoritative and...
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Letter responding to request for consent to relief from sanctions [insert name and address of claimant or defendant or claimant's or defendant’s legal representative] [insert date] Dear [insert organisation name] [Claimant v Defendant—Case number] Thank you for your letter of [insert date] requesting that our client consents to an application for relief from sanctions [set out details of the requested relief from sanctions]. [ [We have considered your request but confirm that we are unable to agree to it. [Set out reasons for refusing request] OR [Set out reasons why the requested extension is too long, and make proposal for a shorter extension]] OR We have considered your request and are
Application letter—deferral of SDLT on contingent or uncertain consideration [ To be printed on headed notepaper of applicant including full contact details ] HMRC SDLT Deferment Applications [[insert relevant HMRC address]] United Kingdom Dear HMRC Deferral of stamp duty land tax (SDLT) [Insert name of purchaser] UTRN: [insert UTRN of form SDLT1 tax return if already prepared] [We OR I] write to apply for deferral under section 90 of the Finance Act 2003 in respect of SDLT due on [the acquisition disclosed by the above SDLT1 return OR an acquisition of a chargeable interest by [name of purchaser]]. Details of the transaction and the deferral sought are set out in the table below in accordance with HMRC guidance provided in SDLTM50910. The effective date of the transaction [was [insert date] OR has not yet passed but is expected to occur [before [insert date] OR on or around [insert date]]. This application is submitted before completion to maximise the time available for you to consider...
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Where can I find information relating to FCA perimeter issues? The FCA's Perimeter Guidance manual (PERG) provides guidance about the circumstances in which authorisation is required, or exempt person status is available, including guidance on the activities which are regulated under the Financial Services and Markets Act 2000 (the Act) and the exclusions which are available. Application of the Perimeter Guidance manual (PERG) PERG applies to: • a person who is considering carrying on activities in the United Kingdom which may fall within the scope of the Act and is seeking guidance on whether he/she needs to be an authorised person • a person who seeks to become an authorised person under the Act and who is, or is considering, applying for Part 4A permission to carry on regulated activities in the United Kingdom • a person who is seeking guidance on whether any communication he/she may be seeking to make or cause to be made will be a financial promotion and be subject to the restriction...
To what extent do the The Unfair Contract Terms in Consumer Contracts Regulations 1999, SI 1999/2083 and Part 2 of The Consumer Rights Act 2015, apply to assured shorthold tenancies? The Unfair Contract Terms in Consumer Contracts Regulations 1999, SI 1999/2083 (UTCCR 1999, SI 1999/2083) apply to assured shorthold tenancies created before 1 October 2015. Part 2 of the Consumer Rights Act 2015 (CRA 2015), (CRA 2015, ss 61 to 76) applies to assured shorthold tenancies created on or after that date. Before repeal, UTCCR 1999, SI 1999/2083 operated to strike down contract terms which were more generally ‘unfair’ as between the contracting parties; their application to property contracts was confirmed in Khatun. UTCCR 1999, SI 1999/2083 were relevant in the context
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Ofgem has released a draft consultation document that updates its guidance for gas and electricity licence applications. The revised guidance features a re-ordered structure with additional sections designed to improve clarity and assist applicants in understanding the process more effectively. Open for public comment until 21 May 2025, the consultation invites feedback on the document's readability and overall usability. Feedback may be submitted to: licensing@ofgem.gov.uk . Once finalised, the enhanced guidance will apply to both new and existing licence applications while maintaining its established methodological framework.
PI & Clinical Negligence analysis: The claimant suffered a serious brain injury in a road traffic accident. The defendants’ expert considered she may have pre accident myotonic dystrophy (MD) which would undermine life expectancy and care levels in the claim. Electromyographic neurophysiological (EMG) testing could determine this issue. The claimant refused to have testing. The defendants were granted a stay pending agreement to testing in respect of damages for future loss. The claimant’s application for permission to appeal was refused. They therefore asked for permission to reopen this issue. CPR 52.30 permits reopening of appeals to avoid injustice in exceptional and appropriate circumstances where no alternative effective remedy is available. The court held that refusal to give permission omitted concerns raised about the claimant’s autonomy and detriment to her mental health. Permission to appeal was therefore granted. The appeal application has yet to be heard. Written by Marcus Weatherby, serious injury and clinical negligence solicitor, Pattinson and Brewer Solicitors.
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