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GLOSSARY

Published by a ��˾��ҹ�� Dispute Resolution expert

What does Remedy mean?

The means by which a court enforces a right or orders redress for a wrong. It can include damages (whether compensatory or restitutionary), injunctive relief (whether interim or final) and specific performance (of outstanding obligations).

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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...

Drafting checklist for claim or response—unfair dismissal: redundancy

Drafting checklist for claim or response—unfair dismissal: redundancy Both parties • Was the Claimant an employee? See Practice Notes: Entitlement to claim unfair dismissal—Eligibility and Employee status • Did the Claimant have requisite qualifying service, or does an exception apply? See Practice Note: Qualifying period for unfair dismissal • Has the Claimant complied with the requirement for early conciliation or does one of the exemptions apply? See Practice Note: The early conciliation requirement • Is the claim brought within the three-month time limit, or the period as extended if the requirement for early conciliation applies? See Practice Notes: Unfair dismissal time limit and The early conciliation requirement—Extension to time limits (the 'stop the clock' provisions) • Is the contract of employment arguably void for illegality? See Practice Note: Entitlement to claim unfair dismissal—Illegality • Does the Claimant fall within a category of employee excluded from unfair dismissal protection, eg police constables. See Practice Note: Entitlement to claim unfair dismissal—Particular types of employment • Was the Claimant’s work based in Great...

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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...

Bridge to bond facilities

Bridge to bond facilities What are they? A bridge to bond facility is a type of acquisition financing where the buyer requires the certainty of a fully committed financing package, but which is intended to be replaced in the future with a mid- to long-term financing in the form of high yield bonds. In markets where acquisitions typically do not have a financing condition, a bridge financing package (which is available to be drawn if necessary) is often a key component to a successful bid. This Practice Note focuses on bridge to high yield bond financing. However, investment-grade borrowers also commonly use bridge facilities for acquisitions. Bridge commitments for investment-grade borrowers differ in many ways, including: lower pricing, much less restrictive covenants (the terms often follow the borrower’s existing credit facilities) and the securities demand mechanic may not be included (or if included, it may only be triggered by ratings downgrade). Bridge commitments for investment grade borrowers may also have longer maturities (or extension rights exercisable by...

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Consultancy agreement—company and individual—pro-client (short form)

Consultancy agreement—company and individual—pro-client (short form) [ON HEADED NOTEPAPER OF CLIENT COMPANY] [Insert consultant’s name] [Insert consultant’s address] [Insert date] Dear [insert consultant’s name] [ Consultancy agreement OR Insert name of project ] Further to our recent discussions, I am pleased to confirm the terms of our agreement regarding the provision of your consultancy services to [insert name of client company] (Company). 1 Term 1.1 [Subject to the terms set out in this letter, your engagement [will commence OR commenced] on [insert date] and will continue unless or until either party gives to the other not less than [insert number] [weeks’ OR months’] prior notice in writing. OR 1.2 Your engagement will be for a fixed period of [insert number] months from [insert date], subject to the terms of this letter and subject to the right of either the Company or you to give to the other not less than [number] [weeks’ OR months’] notice in writing during such fixed period terminating the...

Distribution agreement—non-exclusive—short form

Distribution agreement—non-exclusive—short form This Agreement is made on [date] Parties 1 [insert name of party] [of OR a company incorporated in England and Wales under number [insert registered number] whose registered office is at] [insert address] (Manufacturer); and 2 [insert name of party] [of OR a company incorporated in England and Wales under number [insert registered number] whose registered office is at] [insert address] (Distributor); each of the Manufacturer and the Distributor being a party and together they are the parties. Background (A) The Manufacturer manufactures [and supplies] the Products. (B) The Distributor has agreed to distribute the Products on a non-exclusive basis in the Territory in accordance with the provisions of this Agreement. The parties agree: 1 Definitions 1.1 In this Agreement: Active Sales • has the meaning given in Article 8(7) of VABEO; Affiliate • means any entity that directly or indirectly controls, is controlled by, or is in under common control with, another entity where “control” means the beneficial ownership of...

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Does an order for security for costs operate to stay the proceedings?

Does an order for security for costs operate to stay the proceedings? Security for costs In litigation, the usual position in relation to costs is that the losing party will be ordered to pay the other side's recoverable costs. Such costs may be substantial, especially when dealing with cases involving a foreign element which gives rise to additional costs, eg travel, expert evidence on law, etc. While a defendant may be confident of their ability to defend the claim, they may nevertheless have concerns about potential difficulties in seeking to recover costs provided for in any costs order against the claimant. The purpose of a security for costs order, an interim remedy, is to alleviate that concern by requiring the claimant to pay money into court, or to provide some other form of security, as a precondition to being able to continue with the claim. For further guidance, see Practice Note: Security for costs—what is it, its use and the court's discretion. Prior to making an...

Should an application for relief from sanctions be made if documents are served with the court before the deadline but don’t reach the defendant’s solicitors until a day after the deadline? The defendant’s solicitors are requesting that an application for relief from sanctions is made.

Should an application for relief from sanctions be made if documents are served with the court before the deadline but don’t reach the defendant’s solicitors until a day after the deadline? The defendant’s solicitors are requesting that an application for relief from sanctions is made. Serving documents CPR 6.20 sets out the methods by which to serve documents other than the claim form. Types of documents that this includes are: application notices, witness statements, court orders (eg interim charging orders). CPR 6.26 sets out the deemed date of service of a document, other than a claim form, served within the UK. This varies according to the method of service used. For further information, see Practice Note: Serving documents (excluding the claim form, particulars of claim and defence). For guidance on the rules governing the deemed service date of a claim form, see Practice Note: Service of the claim form—deemed service (CPR 6.14). Why is compliance important? Compliance refers to the parties’ need to comply with the...

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Appropriate assessments and planning committee’s failure to consider relevant information (R (on the application of Dr Rosalind Bradbury) v Brecon Beacons National Park Authority)

Planning analysis: In Bradbury v Brecon Beacons National Park Authority, the Court of Appeal dismissed an appeal against a decision to grant planning permission for two developments, despite the planning committee’s failure to consider relevant information (specifically, the absence of appropriate assessments and the potential impact of the proposed development on the integrity of the River Wye Special Area of Conservation) on the basis that it was highly likely the committee would have reached the same decision even if this breach had not occurred. (R (on the application of Dr Rosalind Bradbury) v Awdurdod Parc Cenedlaethol Bannau Brycheiniog (Brecon Beacons National Park Authority)). Written by Martha Grekos, barrister at Martha Grekos Legal Consultancy.

Re-opening refusal of permission to appeal for failure to undergo medical testing (Clarke v Matthew Poole and others)

PI & Clinical Negligence analysis: The claimant suffered a serious brain injury in a road traffic accident. The defendants’ expert considered she may have pre accident myotonic dystrophy (MD) which would undermine life expectancy and care levels in the claim. Electromyographic neurophysiological (EMG) testing could determine this issue. The claimant refused to have testing. The defendants were granted a stay pending agreement to testing in respect of damages for future loss. The claimant’s application for permission to appeal was refused. They therefore asked for permission to reopen this issue. CPR 52.30 permits reopening of appeals to avoid injustice in exceptional and appropriate circumstances where no alternative effective remedy is available. The court held that refusal to give permission omitted concerns raised about the claimant’s autonomy and detriment to her mental health. Permission to appeal was therefore granted. The appeal application has yet to be heard. Written by Marcus Weatherby, serious injury and clinical negligence solicitor, Pattinson and Brewer Solicitors.

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