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Case management in the magistrates’ court—checklist

Case management in the magistrates’ court—checklist This Checklist should be read in conjunction with Practice Note: Case management in the magistrates’ courts. Prior to getting to court Note that certain criminal cases are managed via Common Platform (the digital case management system for the magistrates’ court). In these cases, the Initial Details of the Prosecution Case (IDPC) and other case material will be served and accessed online through Common Platform. Case progression, including completing the Preparation for Effective Trial form (PET form) and serving any applications, will also be conducted through Common Platform. For more information, see Practice Note: How to use Common Platform and the Digital Case System. Requesting the Initial Details of the Prosecution Case • defence advocates should obtain the Initial Details of the Prosecution Case (IDPC) by emailing, telephoning or writing to the relevant contact at the Crown Prosecution Service (CPS). The contact details are published on the website for the relevant district of the CPS. The following information is usually required for IDPC requests: ◦...

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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Compulsory purchase order (CPO)—flowchart

Compulsory purchase order

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General Optical Council—fitness to practise proceedings

General Optical Council—fitness to practise proceedings Who is the General Optical Council (GOC) The General Optical Council (GOC) is a body corporate created by the Opticians Act 1989 (OA 1989) to have the general function of promoting high standards of professional education, conduct and performance with an over-arching objective of the protection of the public. The GOC role is to protect, promote and maintain: • the health, safety and well-being of the public • public confidence in the professions they regulate • professional standards and conduct for Registrants and prospective Registrants, and • proper standards and conduct for business Registrants This Practice Note provides a guide to GOC fitness to practise proceedings, investigations, and applications to be restored to the Register. The GOC regulates registered Optometrists as well as Dispensing Opticians. In this Practice Note a ‘Registrant’ is: • a registered Optometrist • dispensing Optician • student Optometrists, or • a Registered Business This Practice Note should be read in conjunction with Practice Notes: Common principles in fitness to practise...

A guide to rent review for property lawyers

A guide to rent review for property lawyers This Practice Note deals with the principles behind rent review provisions. For information on drafting and negotiating rent review clauses see Practice Notes: Rent review—a practical lease negotiation guide and Drafting index—linked rent review clauses. Onerous provisions Before getting to the rent review clause itself, the other provisions in a lease can have an impact on the reviewed rent. Points scored and gloated over when negotiating a lease can bite back when the rent comes up for review. In a weak market, the presence of onerous provisions in a lease can entirely wipe out the uplift in rent that would be achieved by a more reasonably pitched lease. In a rising market, any well-advised tenant seeking to limit rent increases at review will argue for a discount to reflect unfair or burdensome terms. While some terms are always regarded as onerous, others shift their status and effect depending on prevailing market conditions. The following are those terms most likely to be used...

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Licence to carry out environmental investigations

Licence to carry out environmental investigations Parties 1 [insert name of licensor] [of [insert address] OR company number [insert company number] whose registered office is at [insert address]] (the Licensor) 2 [insert name of licensee] [of [insert address] OR company number [insert company number] whose registered office is at [insert address]] (the Licensee) 1 Background (A) The Licensor is the registered [freehold OR leasehold] owner of the Property. (B) The Licensee has expressed an interest in [acquiring OR leasing] the Property. (C) The Licensor will permit access to the Property by the Licensee and the Consultant for the purpose of carrying out investigations as to ground conditions at, in, on, under or about the Property, subject to the terms of this Licence. 2 Definitions Competent Authority • means any statutory undertaker or any public local or other authority or regulatory body or government department, or any other body exercising powers under statute or by royal charter or any court of law or any...

Letter serving application in Form A on mortgagee in financial proceedings

Letter serving application in Form A on mortgagee in financial proceedings [insert mortgagee name] [insert mortgagee address] Dear [insert organisation name] Our client: [insert client’s name] [Property OR Land] address: [insert address of property or land] [ [Property OR Land] title number: [insert title number]] Your reference: [insert reference number] We represent [insert client’s name] in divorce and financial proceedings. [client's name]’s [former] [husband OR wife], [insert name], [is represented by [insert name and address of other party’s solicitors] OR acts in person]. We understand that you have a charge secured against the above detailed [property OR land], which forms part of the matrimonial assets. We confirm that our client has instructed us to make an application to the court for a financial order, including for an order in relation to the [property OR land] detailed above. We enclose a copy of the

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How is it possible to ascertain the going rate for jobs in SOC code 6141, in relation to a skilled worker application, where the employer is a non-NHS employer? How could the Home Office take action against a sponsor employer if it erred in this context?

How is it possible to ascertain the going rate for jobs in SOC code 6141, in relation to a skilled worker application, where the employer is a non-NHS employer? How could the Home Office take action against a sponsor employer if it erred in this context? As confirmed in the Practice Note: Sponsoring a Skilled Worker, under Immigration Rules, Appendix Skilled Worker, para SW 13.2 (Eligible health and education occupation codes; Option F), a person whose role falls into Table 2 of Appendix Skilled Occupations will be eligible for sponsorship under the Skilled Worker route where they will be paid a salary which equals or exceeds both £20,480 per year and the going rate for the occupation code (providing they are otherwise eligible). Table 2 of Immigration Rules, Appendix Skilled Occupations provides going rates for eligible health and education occupation codes where rates are based on national pay scales. SOC code 6141 (Nursing auxiliaries and assistants) contains the following example job roles: • auxiliary nurse • health care assistant (hospital...

What is the deadline for filing a witness statement opposing an application for security for costs? The application itself is to be heard at the CCMC.

What is the deadline for filing a witness statement opposing an application for security for costs? The application itself is to be heard at the CCMC. An application for security for costs is governed by CPR 25.12 and 25.13. It allows a defendant to apply for protection against the risk of being unable to enforce any costs order that may be obtained. The order, if made, usually requires the claimant to make payment of money into court, which the defendant can then use to enforce any costs award they may later obtain. Save that CPR 25.12(2) provides that an application for security for costs must be supported by written evidence (covering the conditions to be satisfied in CPR 25.13), there are no special procedural rules for security for costs applications. Instead, CPR 23 will apply. The application notice, containing the witness statement in support, should be issued as soon as it becomes apparent that it is necessary or desirable, and, if possible, so that they can be considered at a...

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NCSC releases Annual Review 2024, highlighting cybersecurity progress

The National Cyber Security Centre (NCSC) has published its eighth Annual Review, covering the period from 1 September 2023 to 31 August 2024. The review showcases the organisation's efforts to enhance the UK's online safety and provide clarity in an increasingly complex digital landscape.

Health and safety prosecution round-up—6 December 2024

A round-up of the latest health and safety prosecutions, including a company fined after a prisoner dies and another company fined £1.2m after an employee suffers serious injuries.