Remedy Definition

GLOSSARY

Published by a ��˾��ҹ�� Dispute Resolution expert

What does Remedy mean?

The means by which a court enforces a right or orders redress for a wrong. It can include damages (whether compensatory or restitutionary), injunctive relief (whether interim or final) and specific performance (of outstanding obligations).

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Checklist for compromises of FCA-regulated entities: information requirements

Checklist for compromises of FCA-regulated entities: information requirements The Financial Conduct Authority (FCA) is the conduct regulator for financial services firms and financial markets in the United Kingdom. It has a duty under section 1B of the Financial Services and Markets Act 2000 (FSMA 2000) to pursue certain objectives, one of which is the consumer protection objective. The FCA lists its statutory objectives as to secure an appropriate degree of protection for consumers and to protect and enhance the integrity of UK financial markets, with a view to reducing the number of proposed compromises that they do not consider to be appropriate (see FG22/4, para 1.2). On 5 July 2022, the FCA published guidance on compromises of regulated firms (see FCA Guidance FG22/4 July 2022 and updated in January 2024) following their significant concerns about these tools being proposed and used by firms to avoid paying customers redress (see: LNB News 05/07/2022 72). Practitioners will need to take note of the guidance where the proposed compromise involves regulated companies, meaning...

Probate claim procedure—table

Probate claim procedure—table This table provides an outline of the procedure where there is a probate claim. For further guidance, see: Practice and procedure—contentious trusts and estates—overview and Probate actions (probate claims)—overview. Action CPR Issue of claim form If Claimant is a child or protected party follow CPR Part 21 in relation to appointment of litigation friend. CPR 21.1–CPR 21.6 Claimant prepares claim form (Form N2), with a copy for filing and further copies for service on each Defendant. CPR 7.2, CPR 57.3 Claim form must contain a statement of the nature of the interest of Claimant and of each Defendant in the estate of the deceased to which the claim relates. CPR 57.7(1) Particulars of claim may be contained in claim form (or served separately (see below)). CPR 7.4(1)(a) If the proposed claim is for revocation of grant: Every person who is entitled or claims to be entitled to administer the estate of the deceased under an unrevoked grant of probate of the Will or letters...

Simplified petitions to the nobile officium in Scottish criminal procedure—flowchart

Simplified petitions to the nobile officium in Scottish criminal procedure—flowchart For information about criminal procedure in Scotland, see Practice Note: The investigation and prosecution of criminal

Liquidated damages v penalty clause—checklist

Liquidated damages v penalty clause—checklist As seen in Practice Note: Contract interpretation—distinguishing between liquidated damages and penalty clauses, the task of determining whether or not a liquidated damages clause may be held to be unenforceable as a penalty is not always an easy one. While it will be a matter of construction for the courts in each case, there are a number of factors to consider when analysing the scope of an alleged liquidated damages clause and whether or not it may be susceptible to challenge as a penalty. If drafting a liquidated damages clause, it is essential that you keep these factors in mind in drafting the clause (and its relationship with related clauses). See: • Drafting and negotiating a liquidated damages clause—checklist • Precedent: Liquidated damages clause For specific consideration of how clauses in commercial contracts which provide for ‘default interest’ have been considered in the authorities, see: • Penalty interest rates in commercial contracts • Contract interpretation—distinguishing between liquidated damages and penalty clauses—When might default interest be...

Local housing companies

Local housing companies Housing delivery Over a number of years the term local housing company (LHC) has had various meanings in the context of housing delivery vehicles. It was first used post Housing Act 1996 in the context of large scale voluntary transfer of urban estates to a company which had equal representation of the local housing authority (LHA), tenant and independent members and often attracted Government subsidy for example, from the then Estates Regeneration Challenge Fund (ERCF). See Practice Note: Housing stock transfer. The term LHC appeared again in the Housing Green Paper, 'Homes for the future: more affordable, more sustainable', in July 2007. The model on this occasion as envisaged by English Partnerships (subsequently the Homes and Communities Agency and now Homes England), involved a 50:50 long-term corporate joint venture between the LHA and a private sector partner established to develop local authority land. The term LHC today is used to describe independent arms-length commercial organisations wholly or partly owned by LHAs which develop, buy...

Coronavirus (COVID-19) news & analysis—March and April 2023 [Archived]

Coronavirus (COVID-19) news & analysis—March and April 2023 [Archived] ARCHIVED: This Practice Note has been archived and is not maintained. This table contains an archive of news and analysis on coronavirus (COVID-19) and coronavirus developments that has been published within various Lexis®PSL Practice Areas in March and April 2023. 24–30 April 2023 Date News Analysis Brief description of the News Analysis 27 April 2023 World Challenge tells £10m COVID-19 loss trial Zurich changed policy Law360, London: Counsel for a student travel company seeking £10.5m in unpaid claims for cancelled holidays argued on 26 April 2023 that its insurer Zurich secretly changed its policy at the start of the coronavirus (COVID-19) pandemic, on the first day of a London trial. 27 April 2023 IfG report on Treasury’s involvement during the pandemic LNB News 27/04/2023 54 The Institute for Government (IfG) has published a comment accompanying a report by the IFG's Chief Economist, Gemma Tetlow and Senior Economist, Olly Bartrum, discussing lessons learnt from the Treasury’s response to the coronavirus (COVID-19) pandemic. The report examines...

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Re-measurement clause

Remeasurement 1 [Gross Internal Area means the gross internal area of the Premises expressed in square [feet OR metres] and measured in accordance with the Royal Institution of Chartered Surveyors’ Property Measurement (2nd Edition). OR Net Internal Area means the net internal area of the Premises expressed in square [feet OR metres] and measured in accordance with the Royal Institution of Chartered Surveyors’ Property Measurement (2nd Edition).] 2 When the [frame OR shell OR [other relevant point of construction]] of each of the relevant parts of the Works i

‘Click-wrap’ software end-user licence agreement (EULA)—business to consumer

‘Click-wrap’ software end-user licence agreement (EULA)—business to consumer PLEASE READ THE TERMS AND CONDITIONS BELOW CAREFULLY This is a legally binding agreement (‘Agreement’) between you (‘User’ or ‘you’) and [NAME OF SUPPLIER] whose registered address is [ADDRESS OF SUPPLIER] (‘Supplier’, ‘us’ or ‘we’). Under this Agreement, we are providing you with [NAME OF SOFTWARE AND VERSION] with all the content, material or services accessible within the Software and all updates and upgrades to the Software (unless we ask for a separate agreement to be entered into for such updates and upgrades) (‘Software’) and all associated documentation and support resources (‘Documentation’). This Agreement is not for the sale of the Software to you but to grant you a licence which allows you to use the Software and Documentation on the terms and conditions set out below. This means that you do not own the Software and are only allowed to use the Software in accordance with this Agreement. We remain the sole and beneficial owners of the Software and the...

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Can an insurer refuse to provide internal correspondence and case notes relating to an insurance claim where a subject access request (SAR) is made under the UK GDPR for such information?

Can an insurer refuse to provide internal correspondence and case notes relating to an insurance claim where a subject access request (SAR) is made under the UK GDPR for such information? This Q&A assumes that the organisation that has received the SAR is a ‘controller’ of the relevant data. For an introduction to the United Kingdom General Data Protection Regulation, Retained Regulation (EU) 2016/679 (UK GDPR) regime, including key data protection terms and concepts, such as ‘personal data’, 'processing', 'data subject' and ‘controller’, see: Data protection toolkit. As further explained in Practice Notes: The UK GDPR and DPA 2018 for insurers and Data subject rights—access, Article 15 of the UK GDPR gives individuals a right to obtain confirmation from a data controller as to whether or not personal data concerning them is being processed, and where it is, access to the personal data and certain further information. A request for such information is commonly known as a ‘subject access request’ (or a 'SAR' or 'DSAR'). In order to assist...

Under section 2(1) of the draft Insurable Interest Bill, is there a need for a life insured at the outset of the Policy to be valid? Does section 2(5) allow for categories of lives being insured, even if there are not lives in these categories? Does section 2(5) apply to all life policies or group life policies?

Under section 2(1) of the draft Insurable Interest Bill, is there a need for a life insured at the outset of the Policy to be valid? Does section 2(5) allow for categories of lives being insured, even if there are not lives in these categories? Does section 2(5) apply to all life policies or group life policies? For the purposes of this Q&A, it has been assumed that the question is are referring to the Insurable Interest Bill dated June 2018. In conducting our research we have focussed on the Insurable Interest Bill dated June 2018. For this answer, we refer you to the following resources: • June 2018 Draft Insurable Interest Bill • June 2018 Accompanying notes to the draft Insurable Interest Bill Under section 2(1) of the draft Insurable Interest Bill, does there need to be a life insured at the outset of the Policy to be valid? Section 2(1) of the draft Insurable Interest Bill (the Bill) states: ‘A contract of life-related insurance is void unless at...

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UK Competition law—daily round-up (15/10/2024)

A round-up of UK competition law developments, including (amongst other things) the CMA’s decision to conditionally clear Lindab/HAS-Vent merger after phase 2 investigation.

UT applies conforming interpretation of exit tax legislation (Trustees of Panico Panayi Accumulation and Maintenance Settlements No 1 to 4 and another v HMRC)

Tax analysis: In the Trustees of the Panico Panayi Accumulation and Maintenance Settlements Numbers 1 to 4, the Upper Tribunal (UT) considered two joined appeals against decisions of the First-tier Tax Tribunal (FTT) that exit taxes imposed on trustees of a settlement and a company as a result of ceasing to be UK resident for tax purposes ought not to be disapplied. The UT rejected the argument that the exit tax legislation ought to be disapplied in the circumstances and instead applied a conforming interpretation.

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