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Glossary—Latin legal terms

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...

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TUPE—protection against dismissal

TUPE—protection against dismissal The Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE 2006), SI 2006/246 provides additional protection to the employee where a dismissal occurs in a transfer situation. EU-derived laws, such as much of TUPE 2006, that have been made to implement UK obligations under EU law (such as the obligation to implement Directive 2001/23/EC, the Acquired Rights Directive (ARD)), applicable in the UK at the end of the Brexit transition period/IP completion day are preserved as assimilated law. For further information, see Practice Note: Assimilated law. Enhanced protection against dismissal An individual will only be covered by this additional protection if they are able to bring an unfair dismissal claim, ie only if they are an employee (see Practice Note: Employee status) and have the requisite two years of continuous employment. For further information, see Practice Note: Entitlement to claim unfair dismissal. The current cap on the compensatory award is the lower of: • 52 times a week's pay for the claimant (unlike in...

Taxation of payments in lieu of notice or PILONs—pre-6 April 2018 [Archived]

Taxation of payments in lieu of notice or PILONs—pre-6 April 2018 [Archived] ARCHIVED: This Archived Practice Note outlines the pre-6 April 2018 tax treatment of payments in lieu of notice. For the tax treatment applicable to such payments where the employment is terminated on or after 6 April 2018, see Practice Note: Taxation of payments in lieu of notice (PILONs) and post-employment notice pay (PENP). Historically, a particularly complex area is that of the tax (and National Insurance contributions (NICs)) treatment of payments in lieu of notice (PILONs). These are payments made in the place of payments due for the employee or director’s period of notice. As a result of the complexity and confusion, the tax treatment of PILONs fundamentally changed from 6 April 2018. In broad terms, all PILONs, whether paid pursuant to an (implied or express) contractual PILON provision or not, are, from 6 April 2018, fully taxable and subject to employer's NICs. The pre-6 April 2018 position of there being an important distinction between...

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What is the difference between negligence and gross negligence in commercial contracts?

What is the difference between negligence and gross negligence in commercial contracts? In this Q&A we refer to the concepts of negligence and gross negligence within a business-to-business contract, and not, gross negligence in relation to the crime of corporate manslaughter. Negligence vs gross negligence There is no English law concept of gross negligence (other than in criminal law) and so the courts will seek to give meaning to the term based on the terms of the contract in which it is used. In Camerata Property v Credit Suisse Securities (Europe) Limited, Justice Andrew Smith held: '…the relevant question is not whether generally gross negligence is a familiar concept in English civil law, but the meaning of the expression in [the contract]. I accept that the distinction between gross negligence and mere negligence is one of degree and not of kind as such, it is not easy to define or even to describe with any precision'. However, as Mance J recognised in Red Sea Tankers...

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Beyond Halsey—Court of Appeal confirms judicial discretion in ordering non-court based dispute resolution

Dispute Resolution analysis: In a landmark decision, the Court of Appeal in Churchill v Merthyr Tydfil County Borough Council made a significant stride in the evolution of dispute resolution within the legal system of England and Wales. The case, stemming from Merthyr Tydfil’s approach to claims made against it in respect of an alleged failure to prevent Japanese Knotweed spreading from its land onto the garden of a neighbouring private home, has revisited the contentious issue of court-mandated dispute resolution processes. In this article, Michel Kallipetis KC and Maya Chilaeva, barrister, of Quadrant Chambers consider the decision and its practical implications.

Arbitration weekly highlights—12 October 2023

This week's edition of Arbitration weekly highlights includes: coverage of an enforcement of a foreign judgment decision in England and Wales; coverage of arbitration-related decisions from Singapore, Hong Kong, and India; updates from the Asian International Arbitration Centre (AIAC), the Dubai International Arbitration Centre (DIAC), and the Hong Kong International Arbitration Centre (HKIAC). All this, and more, in our weekly highlights.