Award Definition

GLOSSARY

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What does Award mean?

Generally, a final, binding decision of the arbitral tribunal on the substantive dispute between the parties. Arbitral awards may also be interim (ie they have temporary, not final, effect) and partial (ie deciding one or more, but not all, of the issues in the dispute on a final, binding basis).

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Checklist for compromises of FCA-regulated entities: information requirements

Checklist for compromises of FCA-regulated entities: information requirements The Financial Conduct Authority (FCA) is the conduct regulator for financial services firms and financial markets in the United Kingdom. It has a duty under section 1B of the Financial Services and Markets Act 2000 (FSMA 2000) to pursue certain objectives, one of which is the consumer protection objective. The FCA lists its statutory objectives as to secure an appropriate degree of protection for consumers and to protect and enhance the integrity of UK financial markets, with a view to reducing the number of proposed compromises that they do not consider to be appropriate (see FG22/4, para 1.2). On 5 July 2022, the FCA published guidance on compromises of regulated firms (see FCA Guidance FG22/4 July 2022 and updated in January 2024) following their significant concerns about these tools being proposed and used by firms to avoid paying customers redress (see: LNB News 05/07/2022 72). Practitioners will need to take note of the guidance where the proposed compromise involves regulated companies, meaning...

Case management in the magistrates’ court—checklist

Case management in the magistrates’ court—checklist This Checklist should be read in conjunction with Practice Note: Case management in the magistrates’ courts. Prior to getting to court Note that certain criminal cases are managed via Common Platform (the digital case management system for the magistrates’ court). In these cases, the Initial Details of the Prosecution Case (IDPC) and other case material will be served and accessed online through Common Platform. Case progression, including completing the Preparation for Effective Trial form (PET form) and serving any applications, will also be conducted through Common Platform. For more information, see Practice Note: How to use Common Platform and the Digital Case System. Requesting the Initial Details of the Prosecution Case • defence advocates should obtain the Initial Details of the Prosecution Case (IDPC) by emailing, telephoning or writing to the relevant contact at the Crown Prosecution Service (CPS). The contact details are published on the website for the relevant district of the CPS. The following information is usually required for IDPC requests: ◦...

Obtaining possession of a flexible tenancy

Obtaining possession of a flexible tenancy During the fixed term the LA can recover possession of the property by serving a notice of seeking possession and by proving a ground for possession. The grounds are the same as for obtaining possession of a secure tenancy. There are 18 grounds for possession and they fall into three categories: • Grounds 1-8 • Grounds 9-11 • Grounds 12-16 Grounds 1–8 These are discretionary grounds and the court must be satisfied that it is reasonable to make the possession order. Grounds 9–11 These are mandatory grounds and the court must be satisfied that suitable alternative accommodation is available for the tenant. Grounds 12–16 These are discretionary grounds and the court must be satisfied that it is reasonable to make the possession order and that suitable alternative accommodation is available. Ground 15A In Newport City Council v Charles, the son of a deceased tenant concealed the death for three years. The council could not obtain possession under Ground 16 and move the son...

Care Quality Commission—inspections and reviews

Care Quality Commission—inspections and reviews This Practice Note sets out the powers and practice of the Care Quality Commission (CQC) when conducting inspections and reviews of registered care providers. What is the CQC? The CQC is a non-departmental statutory body, sponsored by the Department of Health and Social Care, responsible for regulating health and social care services in England, as well as protecting the interests of people whose rights are restricted under the Mental Health Act 1983 (MeHA 1983). See Practice Note: Care Quality Commission (CQC). The relevant legal framework for inspections and reviews The CQC’s inspection and review powers, and statutory requirements, are set out in the following: • Health and Social Care Act 2008 (HSCA 2008) • Health and Social Care Act 2008 (Regulated Activities) Regulations, SI 2014/2936 • Care Quality Commission (Reviews and Performance Assessments) Regulations 2018, SI 2018/54, and • Care Quality Commission (Registration) Regulations, SI 2009/3112 Changes to CQC Strategy Since the start of the Coronavirus (Covid-19) pandemic, CQC has fundamentally changed...

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Buy notice for joint share ownership plan (JSOP) agreement

Buy notice for joint share ownership plan (JSOP) agreement To: [insert name of participant] We refer to the agreement that we entered into on [date] with you and [insert name of the Company whose shares are under the JSOP award] (the Company), under which we jointly acquired shares in the Company with you (the Deed). We have received written confirmation from the Company that the Sell Right has lapsed in relation to [all OR [insert percentage]] of the Participant’s Interest under the Deed, and that the Buy Right may therefore be exercised in relation to it. In accordance with clause 9.5 of the Deed, we hereby confirm that we have therefore exercised the Buy Right on [date] in relation to [all of OR that part of] your Participant’s Interest, which we therefore acquired on that

Parental responsibility—client guide

Parental responsibility—client guide This document provides general guidance regarding parental responsibility for a child. Your family lawyer will be able to provide specific advice based on your circumstances. What is parental responsibility? Parental responsibility is defined in law by the Children Act 1989 as: ‘…all the rights, duties, powers, responsibilities and authority which by law a parent of a child has in relation to the child and his property.’ People with parental responsibility are entitled to have a say in major decisions about the child, such as: • where the child should live • where they should go to school • what (if any) religion the child should have • what name they should have • the giving or withholding of medical treatment, and • dealing with their money or property Parental responsibility does not entitle someone to interfere with day-to-day decisions such as what the child wears, their hobbies or choice of TV programmes etc. Generally parental responsibility lasts until the child reaches 18 but it may come to...

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Where a worker’s pay is not in compliance with National Minimum Wage (NMW) rates, can the worker bring a claim in the employment tribunal and also make a complaint to HMRC for enforcement proceedings against their employer? If the worker’s claim involves a cause of action in addition to their claim for statutory underpayment of wages, would they be able to pursue the claim for underpayment separately via HMRC enforcement, and proceed just with their employment tribunal claim in respect of the other, non-NMW-related, claim(s)?

Where a worker’s pay is not in compliance with National Minimum Wage (NMW) rates, can the worker bring a claim in the employment tribunal and also make a complaint to HMRC for enforcement proceedings against their employer? If the worker’s claim involves a cause of action in addition to their claim for statutory underpayment of wages, would they be able to pursue the claim for underpayment separately via HMRC enforcement, and proceed just with their employment tribunal claim in respect of the other, non-NMW-related, claim(s)? If a worker has not been paid the national minimum wage: • the worker can enforce their entitlement by way of their contract by making a claim for breach of contract or a claim for unlawful deduction from wages • HM Revenue and Customs (HMRC) can enforce the worker's entitlement by issuing a notice of underpayment or suing on the worker's behalf For further information, see Practice Note: National minimum wage, in particular the main sections dealing with Consequences of failure to pay and Enforcement...

In a claim where liability was admitted and a client received a £3,000 interim payment, is there any obligation for that interim payment to be repaid to the defendant's insurers in circumstances where the client is not proceeding? The client has not responded and I am preparing to close their file on that basis.

In a claim where liability was admitted and a client received a £3,000 interim payment, is there any obligation for that interim payment to be repaid to the defendant's insurers in circumstances where the client is not proceeding? The client has not responded and I am preparing to close their file on that basis. An interim payment is a payment made by a defendant on account of a claimant's monetary claim before the court has made a final determination on the amount of that claim. For further guidance, see Practice Note: Interim payments—guiding principles. The Butterworths Personal Injury Litigation Service defines it as ‘a payment on account of any damages, debt or other sum (excluding costs) which that party may be held liable to pay’ . CPR 38.2(2)(b) provides that: 'where the claimant has received an interim payment in relation to a claim (whether voluntarily or pursuant to an order under Part 25), he may discontinue that claim only if— • the defendant who made the interim payment consents in...

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USA—DC judge slaps sanctions of nearly US$14m against Romania

Law360: A DC federal court partly granted two brothers'application for accrued sanctions against Romania as the food-processing business investors look to enforce a US$330m arbitral award against the country, entering a judgment of nearly US$14m.

Ofcom publishes documents on auctions for licences in mmWave bands

Ofcom has issued further information regarding the award of licences to authorise the use of spectrum in ‘high density areas’ in the 25.1–27.5 GHz and the 40.5–43.5 GHz frequency bands (together the ‘mmWave bands’). It has published the text of the final draft of the Wireless Telegraphy (Licence Award) Regulations 2025, which set out the auction process which will invite bidders to bid for wireless telegraphy licences in the mmWave bands. The draft Regulations are due to become law in early 2025. In addition, an Information Memorandum setting out information for parties considering bidding in the auction, a process guidance to potential applicants and bidders, and details of the geographical boundaries of the high density areas authorised by the licences have been published.

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GLOSSARY