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Checklist for application of a BVI grant Preliminary check Before making an application in the British Virgin Islands (BVI) for a grant of probate or letters of administration , the applicant should obtain at least the following information: • information relating to the deceased: ◦ name ◦ address ◦ domicile as at the date of death ◦ date and place of death ◦ if the deceased has passed away for more than three years, the reason for the delay in grant application ◦ marital status and family members ◦ whether the deceased left a Will; if so, whether the original Will is available; if not, the reason behind it ◦ whether any minority or life interests arise • assets: ◦ details of the BVI situs assets—if it is company shares, the company name, company number, number of shares held by the deceased and name of all company directors are needed ◦ value of the BVI situs assets at the time of application • applicant(s): ◦ name ◦ address ◦ occupation...
Civil contempt proceedings—checklist This Checklist on civil contempt proceedings summarises the different types of civil contempt, the key factors to consider when bringing proceedings for civil contempt, whether permission is required, how to make the application and what to include in it. This Checklist also considers the potential adverse costs consequences of making an unsuccessful application for civil contempt. Considerations Guidance Further guidance and information The different types of civil contempt It is important to understand the different types of civil contempt.Civil contempt proceedings under CPR 81 may be brought for non-compliance with a court order or undertaking or knowingly making a false statement in any affidavit, affirmation or other document verified by a statement of truth or in a disclosure statement. They can also be brought for interference with the due administration of justice or contempt committed in the face of court (ie where the contempt is directly in the court’s presence).It is often the case that a particular allegation straddles more than one type of civil contempt....
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UK trade mark infringement action—flowchart Stage 1—preparing to bring a claim and pre-action matters Claim preparation and pre-action matters—Practice Notes • Trade mark infringement—UK • Trade mark offences • Trade mark and passing off disputes—a practical guide • Trade mark infringement and interim injunctions • How to run an IP dispute • Privilege and intellectual property • Types of dispute resolution • IP and mediation • IP and arbitration • UK Intellectual Property Office—mediation scheme • Disclosure scheme—when and where it applies Claim preparation and pre-action matters—Checklist • Disclosure Scheme timetable—checklist Claim preparation and pre-action matters—Forms • Application for injunction • Application notice • Notice of hearing of application Stage 2—Letter before action alleging infringement Letter before action—Practice Notes • Trade mark infringement—UK • Trade mark and passing off disputes—a practical guide • Unjustified threats of intellectual property right infringement • How to draft a letter of claim in an IP dispute Letter alleging trade mark infringement—Precedent • Letter of claim—trade mark infringement Stage 3—commencing proceedings Commencing...
Copyright infringement action—flowchart Stage 1—preparing to bring a claim and pre-action matters Claim preparation and pre-action matters—Practice Notes • Copyright―protectable works • Copyright—subsistence and qualification • Copyright—authorship and ownership • Copyright infringement • Interim and final injunctions—overview • Copyright—permitted acts and defences • Copyright—secondary infringement • How to run an IP dispute • Disclosure scheme—overview • Types of dispute resolution • IP and mediation • IP and arbitration • UK Intellectual Property Office—mediation scheme Claim preparation and pre-action matters—Precedents • Cease and desist letter—IP infringement Claim preparation and pre-action matters—Checklist • Disclosure Scheme timetable—checklist Claim preparation and pre-action matters—Forms • Application for injunction • Application notice • Notice of hearing of application Claim preparation and pre-action matters—News Analysis • The use of intellectual property insurance Stage 2—letter of claim alleging copyright infringement Letter alleging copyright infringement—Practice Notes • Copyright infringement • How to draft a letter of claim in an IP dispute • Unjustified threats of intellectual property right infringement • Civil and criminal remedies for intellectual property...
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Impact of coronavirus (COVID-19) on affidavitsAlternative practical options and other guidance on swearing and affirming documents in regular circumstances are set out in Swearing and affirming affidavits below. However, during the lockdowns in response to the coronavirus (COVID-19) pandemic, the courts were amenable to more creative approaches. In ETC Export Trading Company, the court accepted an undertaking that the affidavit would be sworn where the combination of the ongoing coronavirus pandemic and the urgent nature of the application meant that it had not been possible for the affidavit to be sworn in time. If there are genuine difficulties in providing an affidavit, the court may even consider accepting a witness statement instead of an affidavit where one has been ordered. Ifaco Feed Company S.A. v Societe De Distribution Nouvelle D'Afrique (Sodinaf) S.A.R.L provides an example of that, although the judge’s comment was a closing remark and that view may not be replicated by others.When to use an affidavitAffidavits are a means of adducing sworn, written evidence. In certain circumstances, affidavits...
This Practice Note covers how information contained in a document or statement made by or on behalf of a person, can be relied on where there is a requirement to validate its authenticity in a commercial context. There are a number of ways to validate information and documents and this Practice Note explains when statutory declarations, oaths, affirmations and affidavits may be used; how to check that these have been correctly prepared, and includes guidance for practitioners when using these methods of validation. This Practice Note looks at the requirements for the following:•Statutory declarations•Oaths•Affirmations•Affidavits•Formalities for administering statutory declarations, oaths, affirmations and affidavits•Statutory declarations and affidavits out of jurisdictionFor information on notaries, their purpose, steps required to notarise a document and the meaning of legalisation, see Practice Note: Notaries and notarisation.For guidance on certified copies, including what a certified copy is, when is a certified copy required, who can certify a document, what format the certification should take, use of certified copies internationally and their use in evidence, see Practice Note:...
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Draft order for a worldwide freezing injunction (WFO)—Chancery Division Claim No. [insert claim number] IN THE HIGH COURT OF JUSTICE [BUSINESS AND PROPERTY COURTS [OF ENGLAND AND WALES OR IN [insert location]] ] [Specify specialist court] (ChD) before [The Honourable Mr Justice OR The Honourable Mrs Justice] [insert name of judge] [(sitting in private)] Dated: [insert date of order] between: [insert name(s) of Applicant(s)] Applicant(s) — and — [insert name(s) of Respondent(s)] Respondent(s) [The Claimant and Defendant in an Intended Action] _______________________________________ draft FREEZING order _______________________________________ PENAL NOTICE If you [insert name of respondent] disobey this order you may be held to be in contempt of court and may be imprisoned, fined or have your assets seized. Any other person who knows of this order and does anything which helps or permits the Respondent to breach the terms of this order may also be held to be in contempt of court and may be imprisoned, fined or have their assets seized....
Standard order 3.2—search order—family proceedings In the Family Court sitting at [Court name] No: [case number] [ The Matrimonial Causes Act 1973 OR The Civil Partnership Act 2004 OR The Matrimonial and Family Proceedings Act 1984 and Schedule 7 to the Civil Partnership Act 2004 OR The Senior Courts Act 1981 ] [DELETE AS APPROPRIATE] The [Marriage OR Civil Partnership OR Relationship] of [applicant name] and [respondent name] After hearing [name the advocate(s) who appeared] After reading the statements and hearing the witnesses specified in the recitals below Search order made by [name of judge] on [date] sitting in private  To [RESPONDENT NAME] of [RESPONDENT ADDRESS] Warning: if you [RESPONDENT NAME] disobey this order you may be held to be in contempt of court and may be imprisoned, fined or have your assets seized Any other person who knows of this order and does anything which helps or permits [RESPONDENT NAME] to breach the terms of this order may be held to be in contempt...
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Can a court in England and Wales make an attachment of earnings order in relation to a party who is employed in Singapore? What is the process to enforce an order made in this jurisdiction via Reciprocal Enforcement of Maintenance Order or the Lord Chancellor where a defaulting party resides and works in Singapore? In England and Wales, the provisions as to an attachment of earnings order are set out in the Attachment of Earnings Act 1971 and the Family Procedure Rules 2010 (FPR 2010), SI 2010/2955, Pt 39. Both provisions appear to be silent as to enforcement against an overseas employer and overseas earnings by the method of attachment of earnings. It would appear, therefore, that the appropriate method of enforcing a maintenance order made in this jurisdiction against a debtor working and living in another jurisdiction is via the Reciprocal Enforcement of Maintenance Order (REMO) process, and that attachment of earnings as a method of enforcement applies only to a debtor employed in this...
How does one go about making an application to the registrar for a grant of ad colligenda bona? Is there a specific form that needs to be lodged? Do you have any guidance on the application process? Grant ad colligenda bona When the estate of a deceased person may be endangered by delay in administering it, the court is not bound to wait for an application by the person entitled to a grant under the rules, but may grant letters of administration ad colligenda bona for the purpose of preserving the property (Re Clore). Such grants are always of administration only; where the deceased died testate, the Will is not proved or annexed to the grant ad colligenda bona. A grant ad colligenda bona may be made not only to a person whom the court considers suitable, but also to the persons who are entitled to a full grant (Re Clarkington's Goods) or to entire strangers who have been brought into connection with the...
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Arbitration analysis: This case arises from the claimant’s application for interim injunctive reliefs (the ‘Application’) seeking, among others, to restrain the first defendant (‘Firm B’), including any of its branches from (i) acting for Corporation C in an ongoing arbitration against Corporation D (the ‘Second Arbitration’); and (ii) providing any confidential information from a previous arbitration between the Claimant and Corporation B (the ‘First Arbitration’), to Corporation C. In determining the Application, the Court considered the principles governing the grant of interim reliefs as established in American Cyanamid v Ethicon Ltd. The court also considered the boundaries of arbitral confidentiality by considering what documents and information the obligation of arbitral confidentiality covers, and the relevant exceptions to this obligation. The court concluded that the claimant was not entitled to the requested reliefs. After examining the claimant's allegations of breaches of arbitral confidentiality, the court found no breach, except for some limited settlement information from the First Arbitration. The court was also not persuaded that there was a real risk of...
Welcome to the 15 May 2025 highlights from the Immigration team, which provides links to key news stories from the last week, as well as a round-up of new and updated content in Immigration.
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