½Û×ÓÊÓƵ

View the related checklists about Maintenance

European Union (Withdrawal) Act 2018—Checklist [Archived]

European Union (Withdrawal) Act 2018—Checklist [Archived] ARCHIVED: This Checklist has been archived and is not maintained. This Checklist sets out the provisions of the EU(W)A 2018 (as amended) alongside the commencement date and the legislation from which that commencement date is determined. Provision Provision heading Commencement date Provision for commencement date Repeal of the ECA 1972 EU(W)A 2018, s 1 Repeal of the European Communities Act 1972 (ECA 1972) Exit day EU(W)A 2018, s 25(4)European Union (Withdrawal) Act 2018 (Commencement No. 4) Regulations 2019, SI 2019/1198, reg 2, which provides that EU(W)A 2018, s 1 came into force on 17 August 2019. Savings for implementation period EU(W)A 2018, s 1A Saving for ECA 1972 for implementation period Exit day EU(WA)A 2020, s 42(7)European Union (Withdrawal Agreement) Act 2020 (Commencement No 1) Regulations 2020, SI 2020/75, reg 4(a) EU(W)A 2018, s 1B Saving for EU-derived domestic legislation for implementation period Exit day EU(WA)A 2020, s 42(7)European Union (Withdrawal Agreement) Act 2020 (Commencement No 1) Regulations 2020, SI 2020/75, reg 4(b) Retention of...

Key IP considerations in vertical agreements—checklist

Key IP considerations in vertical agreements—checklist This Checklist focuses on the IP aspects of vertical agreements. It covers the key competition law considerations and considers the following issues: the parties to and structure of vertical agreements, identifying the IP, the scope of the licence, restricting the use of the IP, IP ownership, third-party IP, protection of licensor’s IP and warranties and indemnities. On 10 May 2022, the European Commission adopted the EU Vertical Restraints Block Exemption, Regulation (EU) 2022/720 (EU VBER) and Vertical Guidelines. EU VBER entered into force on 1 June 2022 and will expire on 31 May 2034. See Practice Note: The Vertical Block Exemption Regulation 2022/720. On 9 May 2022, the UK government laid before Parliament the Competition Act 1998 (Vertical Agreements Block Exemption) Order 2022 (UK VABEO), SI 2022/516. The UK VABEO replaced the UK Retained VBER on 1 June 2022 and will expire on 1 June 2028. See Practice Note: The Competition Act 1998 (Vertical Agreements Block Exemption) Order 2022. Both the UK and EU regime...

View the related flowcharts about Maintenance

Consumer cancellation rights under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013—Goods—Flowchart

Consumer cancellation rights under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013—Goods—Flowchart This Flowchart sets out the consumer cancellation rights that must be made available to consumers entering on-premises contracts, off-premises contracts and distance contracts for the sale of goods. It should be used where a practitioner wants to check the available cancellation rights for consumers purchasing goods in compliance with the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, SI 2013/3134 (CCR 2013). Further rights available for the return of faulty or damaged goods under the Consumer Rights Act 2015 are beyond the scope of this Flowchart. Note 1—a consumer is an individual acting for purposes which are wholly or mainly outside of their trade, business, craft, or profession. Note 2—there are certain sector contracts that are subject to their own regulation, such as financial services contracts, rental contracts, and package travel contracts, which are excluded in their entirety from the CCR 2013. For more information, see Practice Note: Distance, doorstep...

View the related practice notes about Maintenance

Maintenance provision for children under Schedule 1 to the Children Act 1989

This Practice Note sets out the jurisdiction of the court to make a periodical payments order for a child (maintenance provision) under Schedule 1 to the Children Act 1989 (ChA 1989) and details what orders may be made, who may apply and the circumstances in which an order may be made for a child over the age of 18. It also considers matters the court will have regard to, the position in relation to half siblings and relevant case law.Most child maintenance will be dealt with by the Child Maintenance Service (CMS), see Practice Notes: Statutory child support scheme and Child support—jurisdiction, however, by virtue of ChA 1989, s 15 and Sch 1, the court has jurisdiction to make a periodical payments order for a child in certain defined circumstances. The majority of such applications relate to parties who have not married or entered into a civil partnership. The issue of whether a periodical payments order under Sch 1 could include an element of ‘carer's allowance’ has been considered and...

Capitalised maintenance on variation

This Practice Note sets out the circumstances in which the court may make a lump sum order by way of capitalised maintenance on an application for the variation of a periodical payments order in favour of a party to the marriage or civil partnership. Such orders may not be made in nullity or judicial separation proceedings. It considers the orders that can be made by the court, the courts’ approach and when the ‘fast-track’ financial remedy procedure under the Family Procedure Rules 2010 (FPR 2010), SI 2010/2955 will apply.General principlesUnder sections 31(7A)–(7F) of the Matrimonial Causes Act 1973 (MCA 1973) and the Civil Partnership Act 2004 (CPA 2004) equivalent provisions, the court has the power in specified circumstances to make a lump sum order, property adjustment orders or pension sharing orders (unless the pension was shared at the time of the original divorce/dissolution or separation proceedings) by way of capitalisation of the maintenance provision made in favour of a party to the marriage.These powers may be exercised only where, after...

View the related precedents about Maintenance

Spousal and civil partner maintenance—client guide

Spousal and civil partner maintenance—client guide This document provides general guidance regarding an application to the court for maintenance on divorce or dissolution of a civil partnership. Your family lawyer will be able to provide specific advice based on your circumstances. Who can apply for maintenance? Either spouse or civil partner may make an application to the court for a spousal or civil partner maintenance order, also known as a periodical payments order. The person making the application is the applicant and the other person is the respondent. A potential applicant must, except in certain specified circumstances, consider with a mediator whether the dispute may be capable of being resolved through non-court dispute resolution. The court will expect all applicants to have complied with these requirements before commencing proceedings and will expect any respondent to have attended a mediation information and assessment meeting (MIAM). For details of the requirement to attend a MIAM see Practice Note: Non-court dispute resolution—mediation information and assessment meetings (MIAMs). What happens...

Records retention schedule

Records retention schedule 1 Introduction 1.1 This Record retention schedule accompanies and is incorporated into [insert organisation’s name]’s Records management policy. It sets out the time periods that different types of Business Records (as defined in the Records management policy) must be retained for business and legal purposes. [You do need not read the entire retention schedule, but rather should focus on the types of records relevant to your role.] 1.2 The retention periods in the schedule are based on business needs and legal requirements, including our obligation under data protection law not to keep personal data for longer than is necessary. Once a retention period has expired the data or record should be reviewed and destroyed if it is no longer needed. 1.3 If you maintain any types of records that are not listed in this schedule, and it is not clear from the existing record types in this schedule what retention period should apply, please contact [insert who, eg the Data Protection Officer]...

View the related q&as about Maintenance

What does it mean when a party waives or asserts its ‘moral rights’ in a building contract or consultant appointment?

What does it mean when a party waives or asserts its ‘moral rights’ in a building contract or consultant appointment? Moral rights in intellectual property provisions Intellectual property is an important issue in relation to construction projects. The parties that own the copyright in designs and specifications want to protect their rights—the parties who need to use the copyright material, both during the construction works and once the building/project is completed, want to make sure that they have adequate rights to do so without infringing copyright. See Practice Notes: Copyright in construction contracts and Copyright in a consultant's appointment for information on copyright matters in construction. It is standard practice, therefore, to include provision within a building contract, consultant appointment, collateral warranty or other construction contract which deals with intellectual property rights. Typically, a contractor/consultant/sub-contractor grants a licence to the party that it has contracted with, allowing that party to use the relevant copyright material for a broad list of purposes—usually including matters such as the construction, maintenance...

Has the ODR platform for England & Wales been set up, and what details of this should be included in terms and conditions of business?

Has the ODR platform for England & Wales been set up, and what details of this should be included in terms and conditions of business? From 9 January 2016, all businesses that sell goods or services online must provide on their website a link to the EU Commission’s ODR platform (as must all online marketplace websites). Online traders who are committed to using alternative dispute resolution (ADR) must also provide information about the ODR platform in their contractual terms. Regulation (EU) 524/2013, which deals with ODR for consumer disputes, provides some useful information on the proposed ODR platform: • Article 5(1) states 'the Commission shall develop the ODR platform and be responsible for its operation, including all the translation functions necessary for the purpose of this regulation, its maintenance, funding and data security…' • Article 5(2): 'the ODR platform shall be a single point of entry for consumers and traders seeking the out-of-court resolution of disputes covered by this regulation. It shall be an interactive website which...

View the related News about Maintenance

Tax weekly highlights—12 June 2025

This week's edition of Tax weekly highlights includes: (1) the publication of the government’s response to the consultation on the tax treatment of carried interest, (2) the impact of the Spending Review on HMRC, (3) an update to the FTT’s guidance on oral evidence from abroad and (4) HMRC’s update on capital allowances areas of uncertainty.

Corporate Crime weekly highlights—12 June 2025

This week's edition of Corporate Crime weekly highlights includes analysis of the DOJ’s new guidelines for FCPA investigations and enforcement actions, of the recent Supreme Court ruling on how much consideration should be given to early release provisions in extradition cases, of the resilience of public sector digital infrastructure and the broader implications of cybercrime following the Legal Aid Agency data breach, and of lessons to be learnt following the recent conviction of an art dealer for failing to comply with reporting obligations under the Terrorism Act 2000. Also included is news of the new Investigatory Powers Act codes of practice coming into force, of the ban on bonus payments to senior executives at six water companies, and of the first crypto specialist appointed by the Insolvency Service to assist with digital asset recovery in criminal cases. All this, and more, in this week’s Corporate Crime highlights.