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At first sight, or on the face of it, or as it appears without investigation.
A case which is supported by prima facie evidence will nevertheless be dismissed unless the party bearing the legal burden of proof can discharge that burden by adducing appropriate evidence.
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Glossary—Latin legal terms Despite attempts in recent years to simplify the language used in legal cases, there are still a number of Latin phrases commonly used in personal injury claims. The following Latin phrases are listed in alphabetical order: Latin term Definition Meaning Acta iure imperii Legal acts of public nature Liability of the state for actions or omissions in the exercise of state authority Bona Fide In good faith A Bona Fide agreement is one entered into without intent to deceive Caveat Take care/caution A legal notice to the court to prevent another party taking action without informing the person who gave the notice Compos Mentis Of sound mind Legally fit to conduct the claim De Facto In fact As a matter of fact Ex Gratia As a matter of favour An ex gratia payment is made without any legal or contractual obligation to do so Ex Parte By a party An ex parte application is made to the court by one party in the absence or without...
Objective justification for pension lawyers—checklist • For trustees and managers of occupational pension schemes: ◦ Ensure that the provisions, criteria and practices (PCPs) of the scheme have been reviewed to ensure compliance with the non-discrimination rule. ◦ If a PCP is prima facie discriminatory and does not appear to fall within an exemption, raise the question of whether there is an objective justification with the employer. ◦ Be aware of the general approach taken by courts and tribunals to the objective justification defence. Do not accept as sufficient response generalisations or stereotypical thinking. ◦ If necessary, consider whether the power of amendment given by the Equality Act 2010, s 62, should be exercised. Ultimately the court’s directions can be sought. ◦ Be alert to the possibility that changes in PCPs may affect the impact of other PCPs and require a further non-discrimination review. • For employers: ◦ Be aware that not only must the pension scheme operate in a non-discriminatory way but also its provisions may be relevant in assessing...
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Jurisdiction agreements—exclusive jurisdiction agreements This Practice Note considers exclusive jurisdiction agreements (also known as choice of court agreements). Specific considerations as to the construction, effect and enforcement of this type of jurisdiction agreements are discussed. For guidance on: • non-exclusive jurisdiction clauses, see Practice Note: Jurisdiction agreements—non-exclusive jurisdiction agreements • asymmetric jurisdiction clauses, see Practice Note: Jurisdiction agreements—asymmetric jurisdiction agreements What is an exclusive jurisdiction clause? An exclusive jurisdiction clause or agreement, provides for the courts in a specified jurisdiction to hear disputes between the parties; it creates a contractual right not to be sued elsewhere. A number of exclusive jurisdiction clauses also include forum non conveniens waivers, ie the parties irrevocably waiver any right to bringing proceedings in a jurisdiction other than that stipulated in the jurisdiction clause. Exclusive jurisdiction clauses differ from non-exclusive jurisdiction clauses in that they exclude the rights of the parties to commence proceedings in a different jurisdiction to that provided for in the jurisdiction clause. For example exclusive jurisdiction clauses, see Practice...
Privilege in financial remedy proceedings This Practice Note considers the different types of privilege that may arise in financial remedy proceedings, including legal professional privilege and litigation privilege. It also provides guidance on the circumstances in which privilege may be waived, considerations as to disclosure to third parties, without prejudice communications and procedural issues. In financial proceedings there is an ongoing duty to provide full, honest and open disclosure. Such disclosure includes all material facts, documents and other information relevant to the issues in the case, together with any material changes after initial disclosure has been given. Solicitors owe their clients a duty to tell them in clear terms of this duty and of the possible consequences of breach of the duty which may include criminal sanctions under the Fraud Act 2006. Where a party resists disclosure on the basis of privilege, the onus is on that party to satisfy the court in that regard. The Family Procedure Rules 2010 (FPR 2010), SI 2010/2955, do not specifically...
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UDRP complaint [ IMPORTANT NOTE ] [This guide refers to the model complaint provided by WIPO (https://www.wipo.int/amc/en/domains/complainant/) in accordance with the Uniform Domain Name Dispute Resolution Policy (the Policy), approved by the Internet Corporation for Assigned Names and Numbers (ICANN) on October 24, 1999, the Rules for Uniform Domain Name Dispute resolution Policy (the Rules), approved by ICANN on September 28, 2013, and in effect as of July 31, 2015, and the WIPO Supplemental Rules for Uniform Domain Name Dispute Resolution Policy (the Supplemental Rules) in effect as of July 31, 2015. There are various alternative UDRP regimes that may apply to a particular disputed domain. It is important that you check that one of these alternative regimes does not apply. For example, both .nl (Netherlands) and .ir (Iran) ccTLDs are subject to their own UDRP variations (and in Iran’s case, occasionally subject to important sanctions regimes–check that it is permitted to own and trade via a particular ccTLD), with separate procedural considerations. See https://www.wipo.int/amc/en/domains/cctld/nl/index.html and...
Witness statement in support of an application for an order declaring that the service of the claim form without the permission of the court was ineffective [Archived] Practical considerations arising from the UK leaving the EU are set out in the general drafting notes to this Precedent. Filed on behalf of the applicant 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 the statement was made: [insert date] Claim No. [insert claim number]. [IN THE HIGH COURT OF JUSTICE [BUSINESS AND PROPERTY COURTS [OF ENGLAND AND WALES OR IN [insert location] OR [Specify division] [Specify specialist court] [Insert location] DISTRICT REGISTRY THE COUNTY COURT AT [insert location] [BUSINESS AND PROPERTY COURTS LIST Between: [Insert party]Â Â Â Â Â Â Â Â Claimant/Respondent and [Insert party]Â Â Â Â Â Â Â Â Defendant/Applicant __________________________________________________________________ [Number of witness statement eg first] WITNESS STATEMENT OF [Insert name of witness] ON BEHALF...
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I have a client who is UK tax resident but non-domiciled. He holds some dollar bonds in his clean capital accounts. Can I check whether foreign currency bonds are exempt from capital gains tax as qualifying corporate bonds (QCBs)? Can you please confirm the rules in relation to them? Separately, on remittance does any gain on QCBs have to be declared? In this Q&A, we have assumed that the individual is a remittance basis user by way of claim and the bonds are non-UK situs assets for the purposes of capital gains tax (CGT). For CGT purposes, a bond is a qualifying corporate bond (QCB) if it is a security the debt on which represents a normal commercial loan ‘expressed in sterling’ with no conversion into or redemption in another currency (section 117 of the Taxation of Chargeable Gains Act 1992 (TCGA 1992)). Bonds that are dollar denominated are unlikely to meet the requirement of being expressed in sterling and therefore will not be a QCB...
How can I ensure security and guarantees remain effective on a refinancing? Why would my client want to leave existing security and guarantees in place? On a refinancing, all indebtedness of a borrower being refinanced (Refinanced Indebtedness) is repaid, unutilised commitments cancelled, and all related credit support (guarantees and security) in respect of the Refinanced Indebtedness falls away by operation of law, or (more often in practice) is otherwise released. This enables the borrower and credit support providers to grant fresh credit support to the incoming lender or lenders, or its or their agent or trustee. However, a borrower would often prefer to be able to leave in place the existing credit support arrangements, in order to save the time and expense of creating and perfecting new credit support arrangements. Incoming lenders also benefit from such an approach, as they may be able to take advantage of ‘hardened’ arrangements which were put in place prior to the commencement of the suspect period. For more information on hardening periods and claw-back...
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This week's edition of Family weekly highlights includes details of a speech by Mr Justice Nicklin on open justice and details of the Migration Advisory Committee's new family visa financial requirement review. Analysis of recent judgments on disclosure of journalistic sources, non-matrimonial assets and expert witnesses in care proceedings are included.
Competition analysis: In his Opinion in the Tondela Case delivered on 15 May 2025, Advocate General (‘AG’) Emiliou at the Court of Justice of the EU argues that no-poach agreements entered into between competitors have all the characteristics to be considered prima facie restrictive of competition ‘by object’, unless the content, the legal and economic context and the objectives of the specific agreement at issue cast doubt on the harmful nature of the agreement or if the no-poach agreement is ancillary to a transaction which is itself not anti-competitive. In application of the Meca-Medina case law, AG Emiliou argues that the objective of the no-poach agreement in question (ensuring a fair and orderly end of the 2019/2020 football season during coronavirus (COVID-19) pandemic) was worthy of protection under EU law and absent any equally effective and less restrictive measures necessary and proportionate to that objective. Written by Peter Giese, Kirsten Baubkus-Gérard, Elisa Götz, lawyers at CMS.
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