DAM Definition

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Day Ahead Market

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E&W Brussels I (recast) and proceedings in third states (arts 33 and 34) [Archived]

E&W Brussels I (recast) and proceedings in third states (arts 33 and 34) [Archived] ARCHIVED: This Practice Note has been archived and is not maintained. This Practice Note considers the impact of Regulation (EU) 1215/2012, Brussels I (recast) where there are identical or related proceedings pending before the courts of a non-EU Member State (or third state as they are often known). The relevant provisions in the regulation are Articles 33 and 34 of Regulation (EU) 1215/2012, Brussels I (recast). This Practice Note includes discussion of the application of relevant provisions in the regulation to the UK as a third state following its departure from the EU (subject to the application of transitional provisions in the Withdrawal Agreement). For general guidance on these articles, as well as the other provisions of the regulation that are relevant to third states, namely Articles 18(1), 21(2), 24, 25 and 26 of Regulation (EU) 1215/2012, Brussels I (recast), see Practice Note: E&W Brussels I (recast)—application to third states [Archived]. Impact of...

Group litigation orders—introduction

Group litigation orders—introduction Note: with effect from 6 April 2023, the provisions within CPR 19 were renumbered and amended by the Civil Procedure (Amendment) Rules 2023, SI 2023/105—see: LNB News 02/02/2023 98—Amendments to the Civil Procedure Rules in force on 6 April 2023—The Civil Procedure (Amendment) Rules 2023 and small amendments were made to CPR PD 19B pursuant to the 153rd practice direction update to the CPR—see: LNB News 07/02/2023 72—153rd Practice Direction update—changes in force 31 January 2023 and 6 April 2023. The provisions relating to group litigation orders (GLOs) are set out in CPR 19.21 to CPR 19.26 (renumbered from CPR 19.10 to CPR 19.15) and CPR PD 19B. However, be aware that many of the cases referenced below (decided before 6 April 2023) refer to the old numbering. Where the context of the provision has changed since the case was decided, this is explained. What is a group litigation order? Multiple claims can be managed by the court under a GLO. GLOs may be made, before...

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Single year cropping lease—short SLDT—Scotland

Single year cropping lease—short SLDT—Scotland Parties 1 [insert full name of party], residing at [insert address] (together with their successors hereinafter together referred to as the Landlord); and 2 [insert full name of party], residing at [insert address] [and [insert full name of party], residing at [insert address]] but expressly excluding any subtenants or successors (other than permitted by law) hereinafter [together] referred to as the Tenant. The parties CONTRACT AND agree as follows: 1 Definitions Fixed Equipment means all fences, roads, tracks, bridges, hedges, dykes and walls, gates, gate-posts, embankments, drains both underground and surface, ditches, artificial water courses, water pipes, tanks, and pumps, on the Land, so far as not redundant or (in the case of electrical and mechanical machinery) no longer operative at the commencement of this Lease; Interest means [five] per cent above the base rate for the time being in force of [name of bank] (or any other UK clearing bank specified by the Landlord); Land means ALL and...

Preliminary enquiries in a sale of agricultural land—freehold and leasehold—long form for estates and large farms with dwellinghouses and farm buildings

Preliminary enquiries in a sale of agricultural land—freehold and leasehold—long form for estates and large farms with dwellinghouses and farm buildings Re: [description] (the Property) Seller: [name of Seller] Buyer: [name of Buyer] 1 Extent of the Property 1.1 Boundaries 1.1.1 Please provide a plan of the Property showing the ownership of all boundaries to it. Where ownership of a boundary is not clearly evidenced in the title, please state who has maintained the boundary in the past and give details of any contributions made towards its maintenance. 1.1.2 Please confirm that there are no discrepancies in the title deeds relating to the boundaries of the Property and that the physical boundaries of the Property correspond exactly to those shown in the title deeds. If there are any discrepancies, please give full details. 1.1.3 Has there been any re-alignment of any of the boundaries by the Seller or any earlier owner? 1.1.4 Is there any outstanding or prospective liability in respect of maintenance of the boundaries? 1.1.5 If...

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How do I activate a force majeure provision?

How do I activate a force majeure provision? There is no judicially accepted definition of the term ‘force majeure’, so what the parties mean by it must be expressly set out in the contract (ie just referring to ‘force majeure’ doesn’t work) and any specific requirements relating to the procedural aspects of invoking a force majeure clause should be followed by the relevant parties. Force majeure provisions often state that, upon the occurrence of a specified event which is outside of a party’s reasonable control, that party will be excused from performing part or all of its specific obligations under the contract (and at some later point, maybe have a right to terminate the contract) and will not be liable for failing to perform those obligations. If a party wishes to trigger a force majeure clause, consider the following: Is it a defined ‘force majeure event’? This will depend on the scope of the definition of ‘force majeure’ or ‘force majeure event’ in the contract. A...

If a watercourse is a natural watercourse and there is no evidence to the contrary to rebut the presumption of ownership of the bed and sub-soil to the middle of the watercourse, can a joint riparian owner lay an outfall pipe extending into the watercourse and drain into the watercourse? If the presumption does not apply because there is evidence to the contrary can a riparian owner lay an outfall pipe and drain into a natural watercourse? What would the position be if the watercourse is an artificial watercourse?

If a watercourse is a natural watercourse and there is no evidence to the contrary to rebut the presumption of ownership of the bed and sub-soil to the middle of the watercourse, can a joint riparian owner lay an outfall pipe extending into the watercourse and drain into the watercourse? If the presumption does not apply because there is evidence to the contrary can a riparian owner lay an outfall pipe and drain into a natural watercourse? What would the position be if the watercourse is an artificial watercourse? Rights and responsibilities of riparian owners Under the common law, the owner of land forming the bank of a natural watercourse has the benefit of the following: • the presumption that a landowner owns the land up to the centre of the watercourse, unless owned by someone else. (Property Deeds should detail whether the boundaries of the property are marked by the watercourse or a wall/hedge/fence) • the presumption that a landowner owns any stretch of natural watercourse that runs through...

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Environment weekly highlights—31 October 2024

This week's edition of Environment weekly highlights includes: coverage of the mining giant BHP's announcement on 25 October 2024 that the Brazilian government has signed off a final US$31.7bn settlement package to compensate communities devastated by the collapse of a dam nine years ago, the Autumn budget 2024 and announcement of the several measures impacting the environment and energy sectors and the High Court's dismissal of the legal challenge brought by Friends of the Earth (FoE) and co-claimants, Doug Paulley and Kevin Jordan, in Friends of the Earth v Secretary of State for Environment, Food and Rural Affairs [2024] EWHC 2707 (Admin), ruling that the government's National Adaptation Programme (NAP3) is lawful. In addition, this week the Department for Energy Security and Net Zero (DESNZ) has announced a pilot scheme for England's first heat network zone, aimed at assisting businesses and building owners to access low-cost, low-carbon heating, the Department for Environment, Food and Rural Affairs( Defra) has published a policy paper on criteria for England 30by30 target for land...

Dispute Resolution weekly highlights—31 October 2024

This week's edition of Dispute Resolution weekly highlights includes the UK Supreme Court’s decision in Tindall v Thames Valley Police recognising the interference principle, as well as High Court decisions dealing with limitation in unfair prejudice claims and Norwich Pharmacal relief against a law firm; dates for your diary; details of our most recently published content; and other information of general interest to dispute resolution practitioners.

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GLOSSARY

DAM definition

What does DAM mean?

View the related practice notes about DAM

E&W Brussels I (recast) and proceedings in third states (arts 33 and 34) [Archived]

Group litigation orders—introduction

View the related precedents about DAM

Single year cropping lease—short SLDT—Scotland

Preliminary enquiries in a sale of agricultural land—freehold and leasehold—long form for estates and large farms with dwellinghouses and farm buildings

View the related q&as about DAM

How do I activate a force majeure provision?

View the related News about DAM

Environment weekly highlights—31 October 2024

Dispute Resolution weekly highlights—31 October 2024

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GLOSSARY

DAM definition

What does DAM mean?

View the related practice notes about DAM

E&W Brussels I (recast) and proceedings in third states (arts 33 and 34) [Archived]

Group litigation orders—introduction

View the related precedents about DAM

Single year cropping lease—short SLDT—Scotland

Preliminary enquiries in a sale of agricultural land—freehold and leasehold—long form for estates and large farms with dwellinghouses and farm buildings

View the related q&as about DAM

How do I activate a force majeure provision?

View the related News about DAM

Environment weekly highlights—31 October 2024

Dispute Resolution weekly highlights—31 October 2024

Call us on

Popular Links

HELP & SUPPORT

LEGAL SOLUTIONS

Policies

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