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Determining applicable law and jurisdiction, and the territorial scope of statutory employment rights—checklist

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...

Civil contempt proceedings—checklist

Civil contempt proceedings—checklist This Checklist on civil contempt proceedings summarises the different types of civil contempt, the key factors to consider when bringing proceedings for civil contempt, whether permission is required, how to make the application and what to include in it. This Checklist also considers the potential adverse costs consequences of making an unsuccessful application for civil contempt. Considerations Guidance Further guidance and information The different types of civil contempt It is important to understand the different types of civil contempt.Civil contempt proceedings under CPR 81 may be brought for non-compliance with a court order or undertaking or knowingly making a false statement in any affidavit, affirmation or other document verified by a statement of truth or in a disclosure statement. They can also be brought for interference with the due administration of justice or contempt committed in the face of court (ie where the contempt is directly in the court’s presence).It is often the case that a particular allegation straddles more than one type of civil contempt....

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Checklist—road traffic accident defences

Checklist—road traffic accident defences Defence Principle Further reading Contributory negligence Where the defendant is primarily responsible for the accident, they may allege the other party was guilty of contributing to the accident. The issues to consider are:—which parties were at fault in the accident?—in what proportion should the damages be apportioned having regard to the respective responsibilities of those at fault? Practice Note: Contributory negligence in personal injury claims Contributory negligence for failure to wear a seat belt As a general principle:25% deduction to damages—if wearing a seat belt would have prevented the injuries sustained15% deduction to damages—if wearing a seat belt would have made a considerable difference to the injuries sustained0% deduction to damages—if wearing a seat belt would not have made any difference to the injuries sustained Practice Note: Defences in road traffic accidents Contributory negligence for failure to wear a motorcycle crash helmet Leading case law has suggested:15% deduction to damages—if wearing a helmet would have resulted in less severe injuries10% deduction to damages—where the claimant...

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Relief from sanctions—making or opposing an application

Relief from sanctions—making or opposing an application This Practice Note gives practical guidance on how to make or oppose (or defend) an application for relief from sanctions (RFS) under CPR 3.9. In particular, it covers the evidence in support of an application for relief, the evidence in response to a relief from sanctions application, costs issues in relief applications and how to appeal a decision granting or refusing relief. Throughout it offers general practical tips on applying for relief from sanctions. This Practice Note should be read in conjunction with Practice Notes: • How to make an application for a court order (CPR 23) • Relief from sanctions—when is an application for relief required? • Case management—compliance • Relief from sanctions—the courts’ approach • Relief from sanctions—illustrative decisions (from 1 January 2024); and • Interim applications—costs recovery See also Precedents: • Letter requesting consent to application for relief from sanctions • Letter responding to request for consent to relief from sanctions • Draft order for relief from sanctions...

Natural England—powers to investigate environmental crime

Natural England—powers to investigate environmental crime When does Natural England investigate? There is an overlap between the responsibilities of the various enforcement bodies (eg the police, local authorities, the Environment Agency (EA), Natural England (NE), Natural Resources Wales (NRW)) that are responsible for crimes concerning the environment. In any environmental investigation, the starting point is always to establish which body is responsible for enforcement. For information on the powers held by other environmental enforcement agencies, see Practice Notes: • Environment Agency—powers to investigate environmental crime • Natural Resources Wales—powers to investigate environmental crime • Local authorities—powers to investigate environmental crime • Scottish Environment Protection Agency—powers to investigate environmental crime For information on the enforcement of environmental offences generally, see Practice Note: Environmental prosecution and enforcement policy. NE is an executive Non-Departmental Public Body sponsored by the Department for Environment, Food and Rural Affairs (Defra) which was established to conserve England’s wildlife, land and seas. Natural England has limited statutory enforcement responsibilities. It deals predominantly with crimes affecting...

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Being an attorney under a health and welfare LPA—client guide

Being an attorney under a health and welfare LPA—client guide This document provides general guidance about what is involved in acting as an attorney under a health and welfare lasting power of attorney (LPA). Your Private Client lawyer will be able to provide specific advice based on your circumstances. Acting as an LPA attorney for a relative or friend is an important responsibility that should be fully understood before the role is accepted and taken on. This guide aims to provide an overview of the powers and responsibilities of a health and welfare LPA attorney and explains what is likely to be involved in taking decisions on behalf of your loved one. What is an LPA? An LPA is a legal document that enables an individual (the donor) to appoint one or more trusted people (known as attorneys or donees) to manage their affairs and make decisions on their behalf in the event that they lose mental capacity. Before an LPA can be used, it must be registered...

Power of attorney—private M&A—share purchase—signing—corporate seller

Power of attorney—private M&A—share purchase—signing—corporate seller 1 Appointment and powers We, [insert company name], a company incorporated in [England and Wales OR [insert other country of incorporation]] under number [insert registered number] whose registered office is at [insert registered address] (the Company), Hereby appoint on [insert date] [jointly AND/OR [and] severally][insert name of attorney] of [insert address of attorney] [and [insert name of attorney] of [insert address of attorney] [(or failing either of them [insert name of attorney] of [insert address of attorney]) each] ] to be the Company's true and lawful attorney ([each] an Attorney) with full power, authority and legal right in the name and on behalf of the Company: 1.1 to do and perform any and all acts, matters and/or things and to have the absolute discretion to approve the form and content of and to execute, deliver, seal and sign any and all deeds, agreements, consents, letters or other documents, whether as deeds or otherwise and...

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How international arbitration could factor in tariff dispute resolution

Law360: With the Trump administration's emphasis on tariffs, including introducing tariffs against the U.S.' three biggest trading partners and advocating for an External Revenue Service to collect tariffs and other foreign revenue, members of the business world face increasing uncertainties as they assess and renegotiate the cost of doing business and obligations under a changed economic and political landscape, increasing the likelihood of contract disputes.[1]

Arbitration weekly highlights—17 April 2025

This week's edition of Arbitration weekly highlights includes: coverage of arbitration-related decisions from England, France, the USA, Australia and the PCA; updates from UNCTAD, VIAC, SCC Arbitration Institute, SCIA, DIAC, updated guidance from the Courts and Tribunals Judiciary on the use of AI and other AI related developments. All this, and more, in our weekly highlights.