AC Definition

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Family provision claims—table of cases

Family provision claims—table of cases Spouse or civil partner of the deceased Topic Case name Summary Author Spouse of the deceased Ramji v Harvey (in his capacity as executor of the estate of Sugrim Orlando Ramji deceased) and others [2023] EWHC 1664 (Ch) News Analysis: Lifetime transaction set aside on the basis of undue influence (Ramji v Harvey).In this preliminary issue trial in a claim under I(PFD)A 1975, the court set aside a transfer finding that the relationship between the deceased and the surviving spouse was one of trust and confidence resulting in a presumption of undue influence. Holly Challenger, Parklane Plowden Chambers Spouse of the deceased Re estate of Singh (deceased) [2023] EWHC 304 (Fam) News Analysis: Spousal claim under I(PFD)A 1975 dealt with on an abbreviated basis (Re estate of Singh (deceased))The judge dealt with this claim on an abbreviated basis, as the claim was either uncontested or alternatively, if D3 were to contest the claim, summary judgment could be given. Aimee Jones, Sternberg Reed LLP Spouse...

Drafting and negotiating a price clause—checklist

Drafting and negotiating a price clause—checklist This Checklist outlines key provisions and issues for consideration when drafting and negotiating a price clause in a business to business contract. For a Precedent price clause together with detailed drafting notes, see Precedent: Template agreement—mutual. For a price variation clause, see Precedent: Price variation clauses. For a payment by letter of credit clause, see Precedent: Payment by letter of credit clause. For information on price clauses, see Practice Note: Price, payment terms and interest. Payment and price provisions in a contract are often interlinked. When using this checklist, also consider using: Drafting and negotiating a payment clause—checklist. Legal Issues General comments What to watch out for Basis of calculation: time and materials or fixed price Where fixed prices are used, these are commonly expressed by reference to a schedule (see for example Precedent: Template agreement—mutual at clause 6).Prices can be calculated on a 'time and materials' basis, on a fixed price or a combination...

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Commercial annual round-up: reviewing 2017 and previewing 2018 [Archived]

Commercial annual round-up: reviewing 2017 and previewing 2018 [Archived] ARCHIVED: This Practice Note has been archived and is not maintained. This year’s annual round-up reviews some of the most significant developments of 2017 and previews what is on the horizon for 2018. This includes the cases of Wood v Capita Insurance Services Limited [2017] UKSC 24 and Ilkerler Otomotiv Sanayai Ve Ticaret Anonim Sirketi v Perkins Engines Company Ltd [2017] EWCA Civ 183, among others. Also included are updates on LexisNexis®’s content, including news of exciting developments from the past year and what is coming up in the next 12 months. Reviewing 2017 Contract law What happened in Wood v Capita Insurance Services Limited? The Supreme Court held in Wood v Capita Insurance Services Limited [2017] UKSC 24 that the appellant, which had purchased a company from the respondent, could not recover compensation it subsequently had to pay to the company’s customers who had been affected by mis-selling before it took over the company. The...

Cases T- 45/10 GEA Group v Commission, T- 47/10 Akzo Nobel and Others v Commission, T- 189/10 GEA Group v Commission and T- 485/11 Akzo Nobel and Akcros Chemicals v Commission (Heat stabilisers cartel) [Archived]

Cases T- 45/10 GEA Group v Commission, T- 47/10 Akzo Nobel and Others v Commission, T- 189/10 GEA Group v Commission and T- 485/11 Akzo Nobel and Akcros Chemicals v Commission (Heat stabilisers cartel) [Archived] CASE HUB ARCHIVED–this archived case hub reflects the position at the date of the judgment of 15 July 2015; it is no longer maintained. See further: timeline, commentary and related/relevant cases NOTE–appeal lodged by Akzo Nobel at Court of Justice in Case C-516/15 Akzo Nobel and Others v Commission (Heat stabilisers cartel) Case facts Outline Appeals to the General Court seeking annulment and/or a reduction in fine regarding the Commission's decision of 11 November 2009 (as amended by subsequent amending decisions) finding infringements of Article 101 TFEU and Article 53 EEA and imposing fines of €168.4m and €3.803m on Akzo Group and GEA Group respectively in relation to their alleged participation in EEA-wide cartels concerning the market for tin and ESBO/esters heat stabilisers ('Heat stabilisers cartel'). On 15 July 2015,...

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Planning and development overage—permission for additional units obtained or implemented

The ScheduleOverage–ascertainment and payment 1 Definitions In this Schedule the following definitions apply: Additional Residential Unit any Residential Unit on the Property in excess of [insert threshold number of units] and Additional Residential Units shall have a corresponding meaning; Index HM Land Registry’s House Price Index under the ‘[House price index OR Average price OR Property type]’ report type for [insert location specifying region, county and borough as required]; Overage a sum in...

Claimant witness statement on quantum

Claimant witness statement on quantum Filed on behalf of the claimant Witness Statement of [insert initial and surname of witness] Number of witness statement: [insert number of witness statement in relation to the witness] Exhibit details: [insert initials and number of each exhibit referred to] Date on which statement was made: [insert date] [Date of translation: [insert date]] IN THE HIGH COURT OF JUSTICE [[SPECIFY DIVISION]] [[INSERT LOCATION] DISTRICT REGISTRY] Claim No. [insert number] Parties A Claimant and B Defendant ________________________________ WITNESS STATEMENT OF [INSERT FULL NAME] ________________________________ I, [insert full name], of [insert full address and occupation] make oath and say as follows: 1 The facts and matters set out in this witness statement are within my own knowledge unless otherwise stated, and I believe them to be true. 2 [I drafted this witness statement myself and these are my own words. OR This witness statement was prepared on my behalf by [insert name and/or role of person who drafted the document] following discussions ...

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Does the court have the power to order the payment of a mortgage and outgoings in a consent order, or does this have to be included as a recital only? The Precedent Standard order 2.1—financial remedy order—omnibus provides for the payment of outgoings in the main body of the order, but the court has just refused to approve it on the basis that it should be a recital instead.

Does the court have the power to order the payment of a mortgage and outgoings in a consent order, or does this have to be included as a recital only? The Precedent Standard order 2.1—financial remedy order—omnibus provides for the payment of outgoings in the main body of the order, but the court has just refused to approve it on the basis that it should be a recital instead. The Precedent: Standard order 2.1—financial remedy order derives from the suite of Precedent orders issued by the Financial Remedies Working Group (FRWG), led by Mr Justice Mostyn. Clause 61 of that Precedent replicates the wording of the order issued by the FRWG. For further background on the standard orders, see Practice Note: Standard orders—general principles. It was noted by the FRWG that the Precedent: Standard order 2.1—financial remedy order includes order clauses that historically have been dealt with by way of undertakings, and the explanation in the FRWG report dated 31 July 2014 (at para 84) is: 'A number...

What are the tax issues in granting a rent free life interest to an employee and his wife to reside in a property until they both die (a lease for lives or lives) and are there any mechanisms or structures which may be used instead to avoid or minimize inheritance and other taxes whilst still ensuring that no security of tenure is created?

What are the tax issues in granting a rent free life interest to an employee and his wife to reside in a property until they both die (a lease for lives or lives) and are there any mechanisms or structures which may be used instead to avoid or minimize inheritance and other taxes whilst still ensuring that no security of tenure is created? It appears that the intention of the property owner in the present scenario is to grant exclusive possession of residential property to an employee and his wife. That grant is intended to be rent-free and for the duration of the life of the last-surviving. Such a grant is possible, but would need to be carefully drafted. There is reference to ensuring that no security of tenure is created when considering alternative structures, but it is likely that the granting of a life interest without more would create such security. Depending on the intention of the employer, an arrangement could be entered into terminable...

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JCT 2024 contracts—good faith in practice

Construction analysis: In this Insight, Shy Jackson considers the scope and implications of the parties’ obligation to work together in good faith under the Joint Contracts Tribunal (JCT) 2024 contracts.

Assessing serious harm and special damages in slander post-Blake (Oliver v Duffy)

TMT analysis: This case involved a slander claim based on a statement made after a heated exchange between two locals at a pub, in which it was alleged the Claimant was a paedophile. Although the single meaning of the statement was considered defamatory at common law, the claim was dismissed on the basis that the claimant could not meet the thresholds for serious harm and special damages. This case explores the elements of slander and libel, and provides timely guidance for claimants seeking to establish, and defendants hoping to defend, a claim in slander following the Court of Appeal and High Court's decisions in Blake v Fox. Written by Joanna Lonergan, trainee in Reputation Protection and Crisis Management at Mishcon de Reya LLP.