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GLOSSARY

Open letter definition

Published by a LexisNexis Dispute Resolution expert

What does Open letter mean?

scco Guide defines this an offer in writing made by one party to another in detailed assessment proceedings proposing the payment of a specific sum of money thereby avoiding the need for any further delay or expense. If the offer is not accepted and the costs in question are later subject to detailed assessment, the court will have regard to that offer when deciding what order for costs to make.

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Ireland—Negotiating and drafting a settlement agreement—checklist

Ireland—Negotiating and drafting a settlement agreement—checklist This Checklist is designed to highlight issues commonly arising during the negotiation and drafting of a settlement agreement. For guidance on how to negotiate, document and draft a settlement agreement, see: Ireland—Alternative dispute resolution and settlement—overview. For an example draft settlement agreement, see Precedent: Ireland—Settlement agreement—pre-action settlement. Issue Key consideration Content links When to seek settlement? Ensure that settlement is a consideration throughout all stages of a dispute, including pre-action. Ensure this includes consideration of the different options available for settlement, eg direct negotiation and agreement between the parties/their legal advisers (including consideration as to whether a calderbank offer is appropriate) or some form of assisted alternative dispute resolution procedure, such as mediation.Check whether there are any contractual obligations on the parties with regard to settlement, eg the inclusion of a stepped dispute resolution procedure in the contract. —Ireland—Settlement and settling disputes—Ireland—Alternative dispute resolution and settlement—overview Responsibility for negotiating a settlement Who is to be involved in seeking a settlement of the dispute?What...

Financial Services—Brexit—timeline [Archived]

Financial Services—Brexit—timeline [Archived] ARCHIVED: This Practice Note is archived and is no longer maintained. On 23 June 2016, the UK held a referendum on its membership of the EU, with a majority voting in favour of the UK leaving the EU. On 29 March 2017, the UK Prime Minister gave formal notification of the UK’s intention to withdraw from the EU, commencing the withdrawal process under Article 50 TEU. This timeline sets out key events, publications, and the next steps on Brexit relevant to financial services firms. 2024 Date Details 31 January 2024 UK Government Document: Financial Services and Markets Act 2023 (Commencement No 5) Regulations 2024SI 2024/250: Certain provisions of the Financial Services and Markets Act 2023 (FSMA 2023) come into force partly on 1 March 2024, partly on 1 August 2024, and fully on 1 January 2025. 31 January 2024 UK Government Document: Data Reporting Services Regulations 2024SI 2024/107: These Regulations are made in exercise of legislative powers under the Financial Services and Markets Act 2023 (FSMA 2023) in...

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Financial Services News and News Analysis—Brexit toolkit [Archived]

Financial Services News and News Analysis—Brexit toolkit [Archived] ARCHIVED: This Practice Note is archived and is no longer maintained. Financial Services Brexit News and News Analysis Date News/News Analysis Description 29 January 2024 FCA publishes TPR data for solo-regulated firms, LNB News 29/01/2024 71 The Financial Conduct Authority (FCA) has published summary data on solo-regulated firms that entered, and those that left, the temporary permissions regime (TPR). 2 January 2024 FCA notes end of temporary permissions regime, LNB News 02/01/2024 38 The Financial Conduct Authority (FCA) has updated its temporary permissions regime (TPR) webpage to note that it ended on 30 December 2023. The FCA notes that there are arrangements that remain in place to enable some EEA firms to wind down their UK business in an orderly manner within the financial services contracts regime. The temporary marketing permissions regime (TMPR) will remain in place until 31 December 2025. 15 November 2023 House of Lords recommends creation of a Financial Services Regulation Committee, LNB News 15/11/2023 89 The House of Lords...

Coronavirus (COVID-19)—local government tracker—July–November 2021 [Archived]

Coronavirus (COVID-19)—local government tracker—July–November 2021 [Archived] This Archived tracker is intended to be used to track the key developments, legislation, guidance and briefing notes relating to the response to coronavirus (COVID-19), focusing on updates relevant to local government from 19 July 2021 through November 2021. It is organised by month with the most recent developments first. For an up to date tracker, see: Coronavirus (COVID-19)—local government tracker—post December 2021. November 2021—England Development Date Find out more The Joint Committee on Vaccination and Immunisation published new advice, altering the eligibilty age for a booster vaccine to include those aged 18–39. 30 November 2021 Coronavirus (COVID-19)—JCVI publishes advice on vaccine boosters The Joint Committee on Vaccination and Immunisation (JCVI) has published new advice, altering the eligibilty age for a booster vaccine to include those aged 18–39. According to JVCI, the booster will be offered in order of descending age groups, no sooner than three months after the primary course. Furthermore, JCVI has advised that the second dose of...

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Calderbank claimant settlement offer post-issue

Calderbank claimant settlement offer post-issue [ON YOUR LETTERHEAD] WITHOUT PREJUDICE SAVE AS TO COSTS [SUBJECT TO CONTRACT] [Insert date] [Insert name and address of other party’s solicitor] Dear [insert contact name] [Insert subject of letter] We refer to our open letter of [today’s date OR [insert date]]. 1 As set out in that letter, both we and our client are confident that our client will be wholly successful in its claim[s] against your client, in respect of the agreement between our clients dated [insert date] (the ‘Agreement’) as set out in its claim [insert claim action number] and will [insert details of the remedy sought, eg, recover payment of the unpaid invoices plus interest, due to pursuant to the agreement between our respective clients, as set out in our open letter]. [We are also of the view that your client’s counterclaim dated [insert date of defence and counterclaim] (the ‘Counterclaim’) is wholly without merit and would be dismissed at trial. ]Nonetheless, our client is mindful...

Offer to settle—termination for non-payment

Offer to settle—termination for non-payment Without prejudice, save as to costs [Sir OR Madam], [insert name of agreement]: [insert client name] and [insert counter-party name] 1 We refer to our [open] letter [of today’s date] (termination notice) regarding the [insert agreement name] dated [insert date] (Agreement) between [insert client name] (our client) and [insert counter-party name] ([insert counter-party short name]). 2 As stated in the termination notice, the Agreement was terminated by our client [in accordance with Clause [insert number] OR by accepting [insert counter-party short name]’s repudiation of the Agreement]. Termination followed [insert counter-party short name]’s breach of the Agreement as identified in [our earlier letter dated [insert date] (breach notice) and] the termination notice (the breach). 3 Our client asserts that it is entitled to payment of the Debt[, including [statutory] interest, OR and [statutory] interest] as well as damages for any loss suffered as a result of termination and costs. 4 Without prejudice to our client’s rights under the Agreement,...

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Can you rely on without prejudice correspondence as evidence of service of a divorce petition?

Can you rely on without prejudice correspondence as evidence of service of a divorce petition? A divorce petition may be served by way of personal service in accordance with Family Procedure Rules 2010 (FPR 2010), SI 2010/2955, 6.7, or by first-class post or other service which provides for delivery on the next business day in accordance with FPR 2010, PD 6A. Alternatively, where FPR 2010, SI 2010/2955, 6.11 applies (where the respondent has a solicitor acting for them and the applicant has been notified in writing that the solicitor is instructed by the respondent to accept service of the application), by way of document exchange. In the first instance, the petition will usually be served by first-class post along with an acknowledgment of service. If the respondent files a completed acknowledgment of service, the petition will be deemed served (FPR 2010, SI 2010/2955, 6.15). If no acknowledgment of service is received, in order to satisfy the court that decree nisi should be granted, service of the...

In divorce proceedings commenced after 6 April 2022 what steps must the applicant take where the court served the divorce application by post and the respondent has failed to return the acknowledgment of service?

In divorce proceedings commenced after 6 April 2022 what steps must the applicant take where the court served the divorce application by post and the respondent has failed to return the acknowledgment of service? The provisions for service of a divorce application are found in the Family Procedure Rules 2010 (FPR 2010), SI 2010/2955, Pt 6. The methods of service are set out in FPR 2010, SI 2010/2955, 6.4. Most importantly, it must be noted that, after 6 April 2022, where the applicant serves the application, the divorce application must be served within the time limits specified by FPR 2010, SI 2010/2955, 6.6A, unless an extension of time is obtained under FPR 2010, SI 2010/2955, 6.6B. Where postal service has failed in that the respondent has failed to return the acknowledgment of service, email service may be attempted under FPR 2010, SI 2010/2955, 6.7A, if the applicant has an email address. Personal service under FPR 2010, SI 2010/2955, 6.7 (other than by the applicant themselves: FPR 2010, SI 2010/2955, 6.5(3))...

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NESO proposes transitional arrangements for connections reform implementation

The National Energy System Operator (NESO) has published a letter to Ofgem, proposing a series of transitional arrangements to facilitate the implementation of connections reform. A key proposal includes implementing new measures that will ‘pause’ the acceptance or processing of connections applications received from 29 January 2025, subject to Ofgem’s approval. Exceptions will be made for demand projects directly connecting to the national electricity transmission network. NESO also proposes limited exceptions for certain critical modification applications, as well as continuing agreement variations and notices required for network safety and security during the pause period. NESO is seeking Ofgem's approval to extend these measures until 31 May 2025. Additionally, a deadline of 12 February 2025 has been proposed for customers to complete application requirements to ensure processing prior to the implementation of connections reform.

Key energy law developments—end of year review 2024 and what to expect in 2025

Energy analysis: 2024 has been a dynamic and interesting year for energy law and policy. The Energy team at LexisNexis® look back at some of the key developments in 2024 and highlight what to look out for in 2025 with respect to: hydrogen, Carbon Capture, Usage and Storage (CCUS), the National Energy System Operator (NESO), grid connections reform, the Review of Electricity Market Arrangements (REMA), proposed government support for Long Duration Energy Storage (LDES), Contracts for Difference (CfDs), the Capacity Market, the establishment of Great British Energy (GB Energy), changes to planning law and policy which impact on the development of energy projects, and climate litigation.

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