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Checklist—Making and administering a statutory declaration by video conference in insolvency proceedings

Checklist—Making and administering a statutory declaration by video conference in insolvency proceedings Background Statutory declarations are a necessary part of insolvency proceedings, most commonly where a company enters members’ voluntary liquidation (MVL) (see section 89 of the Insolvency Act 1986 (IA 1986)) and where a company enters administration by an out of court appointment (see the Insolvency (England and Wales) Rules 2016 (IR 2016), SI 2016/1024, r 3.17). Section 20 of the Statutory Declarations Act 1835 (SDA 1835) prescribes the form of the statutory declaration to be given, as set out in the Schedule to SDA 1835. SDA 1835, s 19 states that a fee is payable and this is prescribed by the Commissioners for Oaths (Fees) Order 1993, SI 1993/2297. The fee is £5 for taking an affidavit, declaration or affirmation, and an additional £2 for each exhibit therein referred to and required to be marked or for each schedule required to be marked. Apart from the form of the statutory declaration and provision as to fees, no other...

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Acquisition of easements by long use

Presumed grantAn easement may be established by long use:•at common law•under the doctrine of lost modern grant (a species of common law prescription)•by statute (under the Prescription Act 1832 (PA 1832))It is possible to seek to establish a claim under each of these methods in the alternative, but a claimant can only succeed on one of them, so is at risk as to costs.The doctrine of prescription is a mode of establishing an easement, not creating one. It is based on the presumption of a grant, ie that the easement has validly existed before the claim is made, but has been lost or destroyed. The presumption arises from the fact of enjoyment of the right, so a right claimed by prescription must be capable of being an easement:•there must be a dominant and a servient tenement•the easement must accommodate the dominant tenement•the dominant and servient owners must be different persons, and•the easement must be capable of forming the subject matter of a grantThere is no requirement that time cannot start...

Employment claims in Scottish civil courts

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...

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Schedule of loss—multi track

Schedule of loss—multi track [IN THE COUNTY COURT AT [INSERT] OR IN THE HIGH COURT OF JUSTICE] [[SPECIFY DIVISION]] [[INSERT LOCATION] DISTRICT REGISTRY] Claim No: Between [Insert name]        Claimant and [Insert name]        Defendant ________________________________________________ SCHEDULE OF LOSS CALCULATED TO [INSERT DATE OR INSERT THE DATE OF TRIAL] ________________________________________________ NOTE: On 2 December 2024 the Lord Chancellor announced that the discount rate would change to positive 0.5%. The positive 0.5% discount rate is effective from 11 January 2025. Schedule A1 to the Damages Act 1996 provides that subsequent reviews are to take place within five years of the conclusion of the previous review which means that the next review must commence on or before 2 December 2029. The Claimant reserves the right to alter, amend or add to this schedule at any time up to and including trial. A. BACKGROUND DATA Claimant’s date of birth: [insert date of birth eg 25 August 1986] Date of accident: [insert date of accident eg 16 April 2018] Claimant’s age at...

Schedule of loss—serious injury multi track

Schedule of loss—serious injury multi track [IN THE COUNTY COURT AT [INSERT] OR IN THE HIGH COURT OF JUSTICE] [[SPECIFY DIVISION]] [[INSERT LOCATION] DISTRICT REGISTRY] Claim No: Between [Insert name]        Claimant [(a protected party by [insert litigation friend’s name] his litigation friend and [insert family relation eg wife])] and [Insert name]        Defendant ________________________________________________ Schedule of Loss CALCULATED TO [insert date OR insert the date of trial] ________________________________________________ The Claimant reserves the right to alter, amend or add to this schedule at any time up to and including trial. A. BACKGROUND DATA Claimant’s date of birth: [insert date of birth] Date of accident: [insert date] [Important medical milestones, such as discharge from hospital or surgery:] [insert date] Date of [termination of employment OR return to work]: [insert date] Issue of proceedings: [insert date] Date proceedings served: [insert date] [Date of schedule OR Date of trial OR Assumed date of assessment]: [insert date] B. INTRODUCTION The Claimant suffered multiple and serious injuries as a result of the accident...

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Do you have any procedural guidance and/or template claim forms/particulars in connection with a claim for a declaration that an easement exists?

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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How UK proposals would simplify fund manager regime

Law360, Expert analysis: On 7 April 2025, HM Treasury published a consultation on regulations for alternative investment fund managers, or AIFMs. On the same day, the Financial Conduct Authority (FCA) published a call for input on the future regulation of AIFMs. Leonard Ng, partner at Sidley Austin LLP, discusses the key implications of the proposals for private fund managers, which set out a new approach to regulation of AIFMs in the UK.

UK Competition law—daily round-up (01/05/2025)

A round-up of UK competition law developments, including (amongst other things) the CMA launches consultation on working paper outlining potential remedies in veterinary services market investigation.