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Responding to a freezing injunction—checklist

Responding to a freezing injunction—checklist This Checklist provides a suggested approach for dealing with and responding to a freezing injunction. It is intended as a starting point, listing various key matters which you should consider when preparing your client’s response. It is assumed that: • the freezing injunction was granted pre-action and without notice, and • your client is the defendant in the underlying substantive claim For further guidance on freezing injunctions generally, see Practice Notes: • Freezing injunctions—guiding principles • Freezing injunctions—the application • Freezing injunctions—the draft order Ensuring you have all the necessary documentation The applicant should have provided the following documentation (at the very least): • the application notice • the affidavit(s) in support • the sealed order • a transcript of the hearing • the skeleton argument (if one was used at the hearing) If any of the above documents are missing, ask the applicant’s solicitors for them as a matter of urgency. You will need all of the documents relied upon at the without notice...

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Part VI Road Traffic Act (RTA) 1988 and Motor Insurance Bureau agreements

Part VI Road Traffic Act (RTA) 1988 and Motor Insurance Bureau agreements This Practice Note provides an introduction to motor insurance, uninsured motorists and untraced drivers, making sense of Part VI of the Road Traffic Act 1988 (RTA 1988) and the Motor Insurers Bureau’s (MIB) Uninsured and Untraced Drivers Agreements. Introduction to Road Traffic Act 1988 and Motor Insurers Bureau Motor insurance in the UK is a surprisingly complicated topic. In mainland Europe, a vehicle’s owner simply insures the vehicle, and the insurer indemnifies any driver who drives with the owner’s permission. In the UK, insurers insure only particular drivers, and then only for particular purposes. RTA 1988 provides for compulsory third-party motor insurance, and a statutory scheme setting out the circumstances in which an insurer will pay damages to an injured person. It implements what is now the Directive 2009/103/EC, Sixth Motor Insurance Directive (the Directive). The MIB is a private body, comprising all of the UK’s motor insurers. It acts as an ‘insurer of last...

Applying to naturalise as a British citizen: eligibility

Applying to naturalise as a British citizen: eligibility Naturalisation is the most common way for adults to acquire British citizenship. The naturalisation route to British citizenship enables adults who do not fulfil automatic registration criteria but who have lived in the UK for specified periods to apply to become a British citizen. A person who becomes a British citizen through naturalisation is considered a British citizen otherwise than by descent. The current legal framework governing the criteria under which an application for naturalisation can be made is set out in the British Nationality Act 1981 (BNA 1981). BNA 1981, s 6 and Sch 1 set out a series of requirements, some of which are compulsory and others of which are subject to an exercise of discretion on the part of the Secretary of State for the Home Department (SSHD) to disregard. The requirements for naturalisation are different for an applicant who is married to, or in a civil partnership with, a British citizen, or who is...

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Form 10b-5 letter (US IPO)

Form 10b-5 letter (US IPO) Form 10b-5 Letter [insert date] [insert address] Re: Underwriting Agreement Dear [insert text] This firm has acted as counsel to [insert name], a [insert company details] (the Company), in connection with the issuance and sale of [insert number] shares of common stock, par value $[insert value] (the Shares) of the Company, pursuant to the terms of the Underwriting Agreement dated [insert date] (the Underwriting Agreement) by and among the Company and you, as representatives of the several underwriters named in Schedule I to the Underwriting Agreement (the Underwriters). This letter is furnished to you pursuant to the requirements set forth in Section [insert number] of the Underwriting Agreement in connection with the closing thereunder on the date hereof (the Closing). Nothing herein shall be construed to cause us to be considered ‘experts’ within the meaning of Section 11 of the Securities Act 1933, as amended. During the course of the preparation of the Registration Statement on...

Memorandum on the responsibilities and obligations of a director of an AIM company

Memorandum on the responsibilities and obligations of a director of an AIM company 1 Introduction 1.1 This memorandum has been prepared for the directors and proposed directors (the Directors) of the Company to provide a general introduction to the principal responsibilities and obligations of a director of a company whose shares are admitted, or will be admitted, to AIM, a market operated by London Stock Exchange plc (LSE). 1.2 Once a company’s securities are admitted to trading on AIM, a company and its directors are subject to an increased layer of regulation. This includes requirements set out in the AIM Rules for Companies published by the LSE (AIM Rules), the Disclosure Guidance and Transparency Rules sourcebook (DTRs), the Prospectus Rules and the Market Abuse Regulation. 1.3 As a Director, you will be responsible (individually and collectively with your fellow Directors) for the Company's compliance with these provisions. The LSE has the power to fine or publicly censure an AIM company in the case of a...

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What is the type and extent of due diligence required in an AIM or Main Market IPO and how long does it take to complete?

What is the type and extent of due diligence required in an AIM or Main Market IPO and how long does it take to complete? Written in partnership with Daniel Simons (Partner, Hogan Lovells International LLP) and Melissa Ratchev (Associate, Hogan Lovells International LLP). This Q&A considers the nature and extent of due diligence required in an AIM or Main Market Initial Public Offering (IPO) and how long such due diligence takes to complete. Why carry out due diligence on an applicant pursuing an AIM or Main Market IPO? The due diligence exercise is a critical part of the IPO process. It requires a full investigation by the company and its advisers into the company's business, finances, prospects and risks in order to provide the necessary information in the offering document (that is, a prospectus where there is an offer to the public or for an admission of securities to trading on the Main Market, or an admission document for an admission of securities to trading...

Where a party disclosed significant debts and there was an apparent risk of bankruptcy, but later appears to have sufficient assets or income to purchase a property, what are the considerations for a potential application to set aside a financial consent order?

Where a party disclosed significant debts and there was an apparent risk of bankruptcy, but later appears to have sufficient assets or income to purchase a property, what are the considerations for a potential application to set aside a financial consent order? A failure to disclose a material fact or document could justify setting aside a financial order, but whether or not the order will be set aside will depend on whether the information not disclosed would have made a fundamental difference to the order that was made. Non-disclosure that would not have impacted on the order will not be 'material' (Livesey (formerly Jenkins) v Jenkins). Family Procedure Rules 2010 (FPR 2010), SI 2010/2955, 9.9A provides for an application to set aside a financial remedy order. The FPR 2010, SI 2010/2955, Pt 28 rules relating to costs do not apply to an application under FPR 2010, SI 2010/2955, 9.9A and the ‘no order as to costs’ provisions therefore do not apply. This should be taken into account,...

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Immigration cases January—July 2024 review

Immigration analysis: Adam Pipe, barrister at No 8 Chambers, reviews the key cases from January 2024 to July 2024 for Immigration advisers, and explains why they are of interest. The review covers revocation of sponsor licences, legal limbo and Article 8 ECHR, judges and fairness, EUSS and the Withdrawal Agreement, EEA and non-EEA deportation, electronic monitoring, private life and entry clearance and citizenship rights and revocation.

Local authority entitled to agree to grant a football club a lease of part of a park (R(Wilkinson) v Enfield)

Local Government analysis: The claimant applied for judicial review of the defendant, the London Borough of Enfield’s decision to enter into an agreement with Tottenham Hotspur Ltd, a company which owned the professional football club, to grant the company a 25-year lease of part of a park in the London Borough of Enfield's area. The High Court held that the London Borough of Enfield had been entitled to agree to grant, under section 123(1) of the Local Government Act 1972 (LGA 1972), Tottenham Hotspur Ltd as a professional football club club a 25-year lease of part of a park in Enfield's area. Under LGA 1972, s 123(2B), Enfield could dispose of such open space freed from a trust arising from the land being held under section 164 of the Public Health Act 1875 (PHA 1875) on trust for enjoyment by the public. Written by Tim Baldwin, barrister at Garden Court Chambers.