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The action of compelling a party to comply with a judgment where it has not been complied with voluntarily and the time ordered for compliance has expired.
Enforcement is not undertaken by the court of its own motion; a successful claimant must make an application for any enforcement steps to be taken. The relevant procedures are set out in the Civil Procedure Rules 1998, rr 70-73.
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Sentencing Guidelines for Corporate offenders—Money laundering checklist This Checklist summarises the Sentencing Council’s guidelines for money laundering offences committed by a corporate (Money Laundering Guidelines). The Money Laundering Guidelines can be accessed here: • Magistrates’ Court Sentencing Guideline—Corporate offenders: fraud, bribery and money laundering—for use in cases involving corporates being sentenced in the magistrates’ court • Crown Court Sentencing Guideline—Corporate offenders: fraud, bribery and money laundering—for use in cases involving corporates being sentenced in the Crown Court The Sentencing Council also publishes a number of overarching guidelines, which should be considered in respect of all sentencing exercises. These include: • Totality guideline (Crown Court) • Totality guideline (magistrates’ court) • General guideline—overarching principles (Crown Court) • General guideline—overarching principles (magistrates’ court) • Reduction in sentence for a guilty plea (Crown Court) • Reduction in sentence for a guilty plea (magistrates’ court) For more information, see Practice Note: Sentences imposed following conviction. Among these overarching guidelines, the General guideline: overarching principles (the General guideline) is specifically designed...
Governing law and jurisdiction clauses in commercial contracts―checklist This Checklist of resources sets out some of the issues when considering governing law and jurisdiction in the context of commercial contracts. Governing law and jurisdiction clauses are categorised as boilerplate clauses in an agreement. For more information on boilerplate clauses, see: Boilerplate clauses—overview. For details about the role of boilerplate clauses and approaches to reviewing and drafting common boilerplate clauses, see Practice Note: The role of boilerplate. A governing law clause (also known as an applicable law clause) is used to allow the parties to specify the substantive law that will apply to the interpretation of an agreement and, in the event of a dispute, in relation to it. For an example of a governing law clause, see Precedent: Governing law clause. The applicable law clause in a contract will usually be set out alongside a jurisdiction clause. It is important to note that jurisdiction and governing law are separate issues. A jurisdiction clause is necessary to allow the parties to...
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Enforcing judgments in cross-border disputes—flowchart This Flowchart considers how to enforce a judgment in a cross-border dispute within the EU. It only considers regulations applicable between EU Member States and therefore it does not consider any potential international conventions. In addition to the European procedures, the Flowchart also refers to the enforcement provisions of Regulation (EU) 1215/2012 (Brussels I (recast)). Article 39 of Regulation (EU) 1215/2012 provides that a judgment given in an EU Member State which is
Life of a health and safety case in Scotland—flowchart This Flowchart demonstrates how health and safety cases progress from investigation, to trial and to Fatal Accident Inquiries (FAIs) in Scotland. It should be read in conjunction with Practice Notes: • Fatal Accident
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This Practice Note considers the recognition and enforcement of foreign judgments applying common law. It explains the requirement for new enforcement proceedings in England and Wales with the foreign judgment as the cause of action. The Practice Note sets out the conditions that need to be met and the common defences that may be raised in relation to a claim to recognise and enforce a foreign judgment. The Practice Note also considers the issue of whether security for costs is available and whether the court should grant a stay pending further court hearings in the foreign court.It is important to check whether a different enforcement regime applies in preference to the common law. For guidance, see: Which regime applies to enforce a foreign judgment?—checklist.When is the common law used?When seeking to enforce a foreign court judgment in England and Wales, it is first necessary to identify which regime applies. There are a number of different statutory regimes which apply variously to specified countries. However, where a judgment creditor wants to...
This Practice Note looks at the most common method of enforcement of an adjudication decision—bringing a Part 7 claim and a summary judgment application in the TCC, as provided for in section 9 of the TCC Guide. It also considers the ability to enforce a decision by seeking a mandatory injunction and the effect of a foreign jurisdiction clause on adjudication enforcement proceedings.Although a Part 7 claim is the normal, and preferable, method of enforcement of an adjudication decision, there are some rarely used alternative methods for enforcement. Parties can apply to the TCC for declaratory relief under CPR Part 8 if there is unlikely to be a substantial dispute of fact and no monetary judgment is sought—see Practice Note: Adjudication and Part 8 proceedings. In some circumstances it may be possible to use insolvency proceedings to enforce the decision of an adjudicator,, see Practice Note: Adjudication enforcement—use of insolvency proceedings.Why enforcement is necessaryUnder the Housing Grants, Construction and Regeneration Act 1996 (HGCRA 1996), a valid adjudicator’s decision is binding...
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Licence to carry out environmental investigations Parties 1 [insert name of licensor] [of [insert address] OR company number [insert company number] whose registered office is at [insert address]] (the Licensor) 2 [insert name of licensee] [of [insert address] OR company number [insert company number] whose registered office is at [insert address]] (the Licensee) 1 Background (A) The Licensor is the registered [freehold OR leasehold] owner of the Property. (B) The Licensee has expressed an interest in [acquiring OR leasing] the Property. (C) The Licensor will permit access to the Property by the Licensee and the Consultant for the purpose of carrying out investigations as to ground conditions at, in, on, under or about the Property, subject to the terms of this Licence. 2 Definitions Competent Authority • means any statutory undertaker or any public local or other authority or regulatory body or government department, or any other body exercising powers under statute or by royal charter or any court of law or any...
Immigration appeal bundle index—template In the immigration and asylum chamber [Insert Home Office, Port and appeal reference numbers as relevant] First-tier tribunal [Insert venue] Between: [Insert name of Appellant] Appellant – and – Secretary of state for the home department Respondent _________________________ Appellant’s bundle _________________________
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What are unitranche facilities? What is a unitranche facility? Leveraged finance transactions are traditionally funded by a mixture of equity, senior debt, mezzanine debt and/or bonds. A unitranche facility is effectively a blend of the senior and mezzanine portion of the financing although it can sometimes covers part of the equity too. Therefore, instead of two facilities agreements, covenant packages, sets of security documents etc, only one is required. Unitranche facilities are more common on mid-market deals. What are the typical terms of a unitranche facility? Unitranche facilities differ from deal to deal but some typical features are: • the facility will be in the form of a term loan; if a revolving credit facility (RCF) is also required it will normally be documented in the same agreement and share the same security package • bullet repayment or possibly with a back ended amortisation schedule • higher margin than senior debt but lower margin than mezzanine debt; margin may be a mixture of cash and PIK...
What is the position of a security holder if the company that created the security is dissolved? This Q&A focuses on the impact the dissolution of a security provider can have on the ability of a security holder to effectively enforce its security. It also considers the position of a receiver appointed by the security holder prior to the dissolution of the relevant company. Summary If a security provider is dissolved as a matter of English law it is normally still possible for the security holder to enforce the security it holds by exercising the mortgagee’s power of sale. There may be circumstances in any particular case that make an application to restore the dissolved company to the register desirable to protect the security holder’s position. Circumstances where this issue commonly arises The problems associated with a security provider being dissolved while security is in force occur most often in real estate finance and other asset finance transactions. Typically, these issues arise where a special purpose...
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Law360: New guidelines in the works for Foreign Corrupt Practices Act (FCPA) enforcement under President Donald Trump's administration could dramatically alter how American companies do business overseas while potentially opening the door for foreign bribery when it arguably advances US interests, and the looming changes are creating an unsettled environment for lawyers who practice in the space, experts say.
Mealey’s: A US District Court for the District of Columbia judge on 18 February 2025 granted the Republic of Guinea’s motion to set aside default entered against it and to dismiss for lack of jurisdiction a telecommunications company’s action to enforce an International Chamber of Commerce (ICC) award worth than US$21m after finding that Guinea was not a party to the underlying arbitration agreement.
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