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Costs proportionality checklist—transitional rules [Archived] Proportionality rules CPR 4.3(2) states: • (2) Where the amount of costs is to be assessed on the standard basis, the court will: ◦ (a) only allow costs which are proportionate to the matters in issue. Costs which are disproportionate in amount may be disallowed or reduced even if they were reasonably or necessarily incurred, and ◦ (b) resolve any doubt, which it may have as to whether costs were reasonably and proportionately incurred or were reasonable and proportionate in amount in favour of the paying party CPR 4.3(5) states: • (5) Costs incurred are proportionate if they bear a reasonable relationship to: ◦ (a) the sums in issue in the proceedings ◦ (b) the value of any non-monetary relief in issue in the proceedings ◦ (c) the complexity of the litigation ◦ (d) any additional work generated by the conduct of the paying party,
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...
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Direct marketing decision tree—postal—data protection This decision tree provides a logical process for determining whether you can engage in postal direct marketing and, if so, to whom. For other types of marketing, see: Direct marketing decision tree—email and other electronic mail marketing—data protection and Direct marketing decision tree—live telephone calls—data protection. Note 1—personal data and corporate targets Postal marketing to named individuals identified from your customer database will involve processing personal data. The definition of personal data is sufficiently wide to cover business-to-business marketing activities, in particular postal marketing to named individuals in their work capacity: ‘Personal data means any information relating to an identified or identifiable natural person. An identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person’ Note 2—circumventing the UK GDPR The...
Determining jurisdiction in employment disputes (1 January 2021 onwards)—flowchart This Flowchart provides an overview of the questions to be asked when determining international jurisdiction in employment cases, ie where proceedings can be brought, or which courts and/or tribunals should decide the case, where the proceedings were instituted from 1 January 2021 onwards. For further information on jurisdiction in employment cases from 1 January 2021 onwards, see Practice Note: International jurisdiction—the Civil Jurisdiction and Judgments Act 1982 in employment cases. For a Flowchart: • for determining jurisdiction in employment disputes prior to 31 December 2020, see: Determining jurisdiction in employment disputes (to IP completion day)—flowchart [Archived] • for determining the applicable law, ie which system of law is applicable to a contract of employment or employment relationship, see: Determining applicable law in employment disputes—flowchart • for determining the territorial application or scope of statutory employment rights, see: Determining what UK statutory rights an employee has—flowchart For a Checklist that provides an overview of the questions to be asked when determining applicable...
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Preparing for the auditors—in-house lawyers One of the key dates in your organisation’s calendar is the date of the annual audit. An important part of the auditors’ role is to ensure that your organisation’s processes are fit for purpose. Central to that is your organisation’s approach to legal matters and legal risk. As an in-house lawyer, you need to prepare for the auditors’ visit because inevitably they will want to meet with you. While each audit firm has its own standard set of questions for in-house lawyers, the questions tend to follow certain themes, eg: • your risk register • litigation • applicable law and regulation • contracts • intellectual property (IP) • legal work process • your knowledge and experience Since joining your organisation, you have hopefully had the opportunity to meet with the key directors and heads of function. Those meetings will have given you the opportunity to find out more about many of the issues the auditors will be interested in. See Practice...
Private Client Legal Research resources The following key Private Client resources are available in Lexis+® UK and linked to throughout Private Client content, providing useful practical commentary, legislation, rules and guidance for Private Client lawyers working in private practice or in-house. Please note the titles listed can only be accessed with the relevant Lexis+® UK subscription(s). Wills, probate and trusts Title Summary Who should use this resource? Williams on Wills The leading commentary on all aspects of the law of Wills. Lawyers or other professionals involved in the drafting or interpretation of Wills. Tristram and Coote's Probate Practice The leading commentary on probate, providing up-to-date, expert guidance on all aspects of probate procedure and including precedents recommended by Probate Registrars. Lawyers or other professionals involved in probate or estate administration work, including contentious probate. Butterworths Wills Probate and Administration Service A comprehensive service containing clear, step-by-step guidance on all areas of the law and practice of probate and estate administration, from...
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EU GDPR—standard contractual clauses (SCCs) for compliance with Article 28(3) EU GDPR by Danish supervisory authority This is a set of Standard Contractual Clauses (SCCs) for compliance with Article 28(3) of the EU’s General Data Protection Regulation, Regulation (EU) 2016/679 (EU GDPR), governing relationships between controllers and processors and published by the Danish data protection supervisory authority (the Danish SCCs). It was published following an opinion by the European Data Protection Board (EDPB). The Danish SCCs should not be confused with SCCs relating to international personal data transfers under Chapter V of the EU GDPR. Access the Danish SCCs Click the link below to download the agreement from the EDPB’s website: Standard Contractual Clauses for compliance with Article 28(3) of the EU GDPR published by the Danish supervisory authority (the Danish SCCs) Background As detailed in Practice Note: Supply chains under EU GDPR—arrangements between controllers and processors, Article 28(3) of the EU GDPR requires that controllers and processors put in place a contract which contains certain minimum terms (unless the...
Sanctions warranty provisions—share purchase agreement—pro-seller—individual sellers—unconditional—long form Insert the following definitions as new definitions into clause 1 of Precedent: Share purchase agreement—pro-seller—individual sellers—unconditional—long form: 1 Definitions and interpretation Sanctioned Activity • means any activity subject to sanctions imposed by the Sanctioning Body; Sanctioning Body • means the United Kingdom, United States of America, European Union and any other applicable local, national or multinational government agency, department, official parliament, public or statutory person or any government or professional body, regulatory or supervisory authority, board or other body responsible for imposing and/or administering sanctions; Sanctioned Entity • means any person or entity which is, or which is owned or controlled directly or indirectly by a person or entity which is, the subject of sanctions imposed by, or on a designated sanctions list by, a Sanctioning Body, and in this Clause 1, the words ‘owned or controlled directly or indirectly’ have the meaning given in applicable Sanctions Laws; Sanctions Laws • means all applicable law relating to a Sanctioned Activity, applicable to any...
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To what extent do arbitral tribunals (governed by English law) apply the Halsey approach following a failure to mediate under a tiered dispute resolution clause? The English courts have imposed costs sanctions on litigating parties who have unreasonably failed to mediate and one of the leading cases in this regard is Halsey v Milton Keynes General NHS Trust. See Practice Note: Costs consequences of refusing to consider ADR in civil proceedings for, among other matters, more information on that case and how it has been interpreted by the English courts in the context of litigation proceedings. One of public policy reasons for the English court’s decision to sanction parties in costs for unreasonable refusing to mediate in litigation is that the court resources are finite and, if possible, the parties should resolve their disputes without recourse to the courts or with limited court intervention. However, it may be suggested that no equivalent public policy exists in arbitration as arbitration is a private, consensual dispute resolution procedure...
Where parties have reached an agreement as to how their assets will be divided upon divorce and want the financial agreement to be incorporated into a consent order, does the English court have jurisdiction when one party is from Italy and lives in Abu Dhabi and the other party is from England but lives in Spain and the assets are located in England, Spain and UAE? What steps should the parties take in relation to the financial agreement reached? Following Brexit, a court in England and Wales has jurisdiction to make a financial remedies order (whether for maintenance or otherwise) whenever it has jurisdiction to entertain an application for divorce, which is itself governed by section 5 of the Domicile and Matrimonial Proceedings Act 1973 (DMPA 1973), as amended. Consideration no longer has to be given to the jurisdictional requirements of Council Regulation (EC) No 4/2009 of 18 December 2008 on jurisdiction, applicable law, recognition and enforcement of decisions and co-operation in matters relating to maintenance obligations (the EU Maintenance...
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This week's edition of Arbitration weekly highlights includes: coverage of arbitration-related decisions from England, Netherlands and Singapore; updates from the LCAM and JAMS; and coverage of the White & Case and QMUL 2025 International Arbitration Survey report. All this, and more, in our weekly highlights.
The Judicial Arbitration and Mediation Services (JAMS) has published the Labour Arbitration Rules, effective from 4 June 2025. The rules govern the binding arbitration of labour disputes where parties have agreed to their use in collective bargaining agreements or post-dispute arbitration agreements. Administered by JAMS and its National Arbitration Committee, the rules outline the procedures for initiating arbitration, selecting arbitrators and conducting hearings. The rules address confidentiality, representation, jurisdictional challenges and the enforcement of awards. JAMS retains discretion over administrative matters and may amend the rules without notice. Additionally, the rules emphasise party autonomy, allowing parties to agree on alternative procedures consistent with applicable law. Provisions are included for expedited procedures, sanctions for non-compliance and the allocation of fees. Arbitration awards are deemed final, with conditions specified for reopening or waiving hearings.
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