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A remedy consisting of a binding declaration of the rights or obligations of a party.
It is available even in circumstances where no other consequential relief is or could be claimed. See CPR Rule 40.20.
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Procurement Act 2023—key changes STOP PRESS: As of 24 February 2025, the main provisions of the Procurement Act 2023 (PA 2023) are in force. Procurements begun on or after this date must be carried out under PA 2023, whereas those begun under the previous legislation (the Public Contracts Regulations 2015 (PCR 2015), the Utilities Contracts Regulations 2016, the Concession Regulations 2016, and the Defence and Security Public Contracts Regulations 2011) must continue to be procured and managed under that legislation. See Practice Note: Introduction to the Procurement Act 2023—PA 2023. Introduction The Procurement Act 2023 (PA 2023) is the new legislation that will govern public procurement. It will replace the Public Contracts Regulations 2015 (PCR 2015), SI 2015/102, the Utilities Contracts Regulations 2016 (UCR 2016), SI 2016/274, the Concession Contracts Regulations 2016 (CCR 2016), SI 2016/273 and the Defence and Security Public Contracts Regulations 2011 (DSPCR 2011), SI 2011/1848. On 12 September 2024, the government announced that the go-live date for PA 2023 will be delayed until 24 February...
What to think about before bringing a private competition action—checklist Is there an actionable claim? Note: private competition actions remain largely regulated by national law and procedural and substantive rules across the EU may vary significantly, therefore assessments in individual jurisdictions will need to be made when planning competition litigation. Possible causes of action • Consider if there is an infringement of UK competition law (or EU competition law prior to the end of the Brexit transition period). ◦ Consider whether the loss suffered can be attributed to an agreement or concerted action between undertakings, especially competing undertakings (see further, The prohibition on restrictive agreements). ◦ Consider whether the loss might have been caused by an entity that is arguably dominant typically with a large share of a relevant market, and could be said to have abused its dominance contrary to Chapter II of the Competition Act 1998 (and/or Article 102 TFEU if prior to the end of the Brexit transition period) (see further, The prohibition on abuse of dominance)....
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This Practice Note considers the general principles to consider when challenging or disputing the court’s jurisdiction. A challenge may be brought on the basis that either the court does not have territorial jurisdiction or, where it does, that the court should exercise its discretion not to accept jurisdiction in the matter, eg on the basis of forum non conveniens. The grounds available for challenging the court’s jurisdiction are considered as well as whether a stay must or may be sought in favour of proceedings commenced in a country outside the UK. The Practice Note identifies how to make a challenge either prior to or following commencement of proceedings and explains what is meant by the term ‘jurisdiction’ for the purposes of CPR 11. It also covers challenging court jurisdiction within the UK as well as the interplay between CPR 11 and the Defamation Act 2013 (DA 2013).For detailed guidance on issues relevant when dealing with challenging court jurisdiction, see Practice Notes:•Challenging court jurisdiction—has a party submitted to a jurisdiction?•Challenging court...
Produced in association with 4 Pump Court.This Practice Note provides a summary of the options available to a party wishing to prevent enforcement of an adjudication decision, while also highlighting grounds that have failed or been rejected by the court.The courts take a pro-enforcement approach to adjudication decisions, and as set out below the circumstances in which a decision will not be enforced (or a stay of execution granted) are limited. Summary of grounds for resisting enforcementThe court will only refuse to enforce an adjudicator's decision, or grant a stay of execution, in very limited circumstances:•the adjudicator did not have jurisdiction (see Practice Note: Grounds for a jurisdictional challenge in an adjudication)•there was a serious breach of natural justice in the adjudication (see Practice Note: Breach of natural justice in adjudication)•the referring party is insolvent and/or there is a risk of dissipation of the awarded sum (see Practice Note: Adjudication—resisting enforcement using a stay of execution)•fraud during the adjudication (see Practice Note: Fraud in adjudication)•the responding party brings Part 8...
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ET3 grounds for resisting claim — indirect age discrimination [Insert in para 6.1 of response form ET3:] 1 It is admitted that the Respondent operates a criterion or practice whereby it expects applicants for jobs in the [specify department] to demonstrate at interview a reasonable proficiency in computing skills. 2 It is accepted that this requirement puts persons in the Claimant’s age group [over 60] at a particular disadvantage compared with those under the age of [40]. It is further accepted that it disadvantaged the Claimant who, at interview for the [specify position], showed that he had no computing skills at all, and
Will—unmarried, divorced, separated with children, no partner STOP PRESS: Abolition of non-dom regime and introduction of residence-based IHT regime. Finance Act 2025 (FA 2025) which received Royal Assent on 20 March 2025, implements legislation to abolish the remittance basis of taxation and replace it with a residence-based regime, commencing on 6 April 2025. FA 2025 also replaces domicile as the key factor in establishing liability to inheritance tax. Other changes include amendment of the rules determining excluded property status, the abolition of protected settlements status of offshore trusts, and changes to overseas workday relief. For information on these changes, see Practice Notes: The abolition of the remittance basis of taxation from 2025–26 and A new residence-based regime for IHT from 2025–26. See also: Finance Bill Tracking Service: Key dates (Finance Bill 2025) and Finance Act 2025. 1 Revocation I [full name of testator] of [address of testator] revoke all former testamentary dispositions made by me[ to the extent that and so far only as they affect my property of every...
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The prospective tenant of lease to be contracted out of the Landlord and Tenant Act 1954 needs to swear a statutory declaration. Can the declarant swear this via Skype or do they need to be in the physical presence of the independent solicitor? The requirements of the Landlord and Tenant Act 1954 Part II of the Landlord and Tenant Act 1954 (LTA 1954) provides for limited security of tenure for business tenancies. The detail of what tenancies benefit from this protection and how the protection operates are outside the scope of this Q&A. LTA 1954, s 38A(1) provides that it is permissible for the parties to contract out of that regime, but LTA 1954, s 38A(3) provides that such an agreement to contract out will be void unless certain requirements are met. The substance of the requirements is contained in the Regulatory Reform (Business Tenancies) (England and Wales) Order 2003 (the 2003 Order), SI 2003/3096, Sch 2. A notice in the prescribed form must be served. If that...
Do you have any procedural guidance and/or template claim forms/particulars in connection with a claim for a declaration that an easement exists? The Land Registration Act 2002 (LRA 2002) made major changes to the ways in which easements over registered land are created and protected. If an easement over registered land created since 13 October 2003 (when LRA 2002 came into force) is not protected by entry of a notice then, generally, a buyer of the servient land will not be bound by it. See overview: Easements—overview for further detail. Under LRA 2002, a legal easement can be created only by using prescribed HM Land Registry forms. It is essential to remember that where the easement is created as: • part of a transfer of land, you must use a prescribed HM Land Registry form (usually TP1) • a separate transaction then a deed of grant may be used, but in each case the easement will be ‘perfected’ as a legal easement only if you use the correct application form—AP1....
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This week’s edition of Family weekly highlights includes details of the Domestic Abuse Commissioner’s report on babies, children and young people’s experiences of domestic abuse and a speech by the President of the Family Division for the Katherine Gieve Memorial Lecture. The Court of Appeal’s clarification of the approach to the test for the appointment of intermediaries is analysed. Recent judgments, including the Supreme Court's decision on gender recognition and the Equality Act 2010, together with consideration of expert fees in public law children cases, are also set out. A new Practice Note containing links to flowcharts in Lexis+® UK covering a wide range of family law issues is also set out, together with a new template order approving instruction of an expert whose hours or rates exceed Legal Aid Agency limits in public children cases.
This week's edition of Restructuring and Insolvency weekly highlights includes: the appointment of R3’s new president, Tom Russell, an analysis of the restructuring plan (RP) involving HMRC sanctioned for OutsideClinic Ltd, updated guidance for insolvency practitioners (IPs) dealing with regulated firms from the Financial Conduct Authority (FCA), plus a round-up of other news and cases for restructuring and insolvency professionals.
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