Following the global financial crisis, businesses are facing increased regulatory compliance pressures. To tighten regulatory oversight in the UK, the UK government restructured financial regulation and divided the Financial Services Authority (FSA) into two regulatory bodies — the Financial Conduct Authority and the Prudential Regulatory Authority. Across the pond, the US enacted the DoddFrank Wall Street Reform and Consumer Protection Act, which changed the American financial regulatory environment and almost every part of the nation’s financial services industry. In the wake of these sweeping regulatory reforms, companies in regulated industries, such as finance and healthcare, must be hyper-diligent with their compliance programs.
Today, industry regulators in the UK and US are aggressively investigating any allegations of corruption and bribery, particularly related to foreign jurisdictions. Subsequently, the number of investigations and litigations has increased significantly, and companies face heavy fines for noncompliance and even risk criminal prosecution.
When an investigation occurs, corporate legal departments often need to provide huge amounts of information to satisfy regulator requests. The traditional ways of gathering and collating this information and reviewing it for relevance are no longer feasible. Legal departments need to have the ability to review information quickly and cost effectively, so they can respond efficiently to regulatory notices.
Law firms may not be the ideal choice to manage large volumes of information and data in a timely and cost-effective manner. Collecting and ESI processing, forensic analysis, storage, database management, hosting, and software configuration and maintenance are non-legal services that can be provided by non-legal specialists. Legal outsourcing providers (Legal Process Outsourcing) are better positioned to handle these tasks because they typically offer advanced technology and more focus on these skill sets, which are now essential for both litigation and regulatory investigations. Seasoned LPOs are geared up to provide exactly this type of predictability of costs and time lines for disclosure and can work to a fixed budget. This provides more certainty and allows clients to control costs particularly in complex investigations or litigation cases.
At the same time, the courts are mandating a wider and deeper review of electronic documents in legal proceedings as well as an explanation of what steps parties have taken to recover potentially relevant e-documents. Again, LPOs are well-equipped to provide end-to-end data management, allowing clients to confidently outsource document management and review work in regulatory matters. Some clients are even setting up panels of LPOs and requiring their external law firms to work collaboratively with these LPOs to ensure that the potential cost savings are properly and appropriately realized.
The global financial crisis has forced corporations to develop new strategies to cost-effectively and efficiently handle investigations and litigation. As more companies look to manage the associated costs and risks resulting from regulatory scrutiny, document review and e-discovery are likely to be growth areas for LPOs.
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Relocating or shifting permanently from one city to another or from one state to another state is not any illegal issue as you can move their without any legal or documentation formality. What all you need (in certain conditions to show for identification) is your identity card or any other documentation for indemnification. Moreover, things become different when it comes to move from one nation to another. In that case, legal documentation according to the immigration rules of the country is first step that is required to be fulfilled. In other words, valid passport, visa (depend on the type of entry) and other legal documents are vital to enter to a new country.
If you are planning to relocate in the UK or you are the Citizen of British or have Right of Abode, you can be the sponsor of visa for your spouse, grandparents, relatives, fianc/fiance or parents. In addition, you can also apply for visa (in different terms) to enter the UK. The different forms include visiting the UK, studying the UK, working in the UK, settling in the UK and other conditions. It depends on current citizenship/nationality, there are array of ways of applying for visa. However, before applying for visa, it is also necessary to go through the immigration rules in the UK as they are getting updated with some vital changes.
In order to make the entire process easy and hassle-free, it is also important to contact experienced immigration solicitors. As far as the selection of immigration solicitors or advisers is concerned, you should hire professionals are approved and registered by OISC or Office of the Immigration Services Commissioner. Today, there are a number of acclaimed law and solicitor firms that have come up with experienced and OISC qualified immigration solicitors in the UK. The main motive of these professionals is to provide you the best services with easy and legal visa documentation so that you can enter the UK in a legal way.
Experienced solicitors of an acclaimed firm also help those whose visa time has been expired or those who are living in the UK illegally. Experienced solicitors also provide you with the updated and latest UK immigration news so that you can know the necessary changes and other immigration updates. Find the right immigration service firm and get legal UK entry right. No matter what kind of visa application is in process, you will get the best legal assistance.
How does work criminal law?
Our criminal solicitors understand that clients need more than just advice. We invest time in knowing our clients’ circumstances, needs and preferences to deliver informed and practical assistance.
We are committed to providing the highest quality advice 24 hours a day, 7 days a week.
In protecting your personal and commercial interests, we can travel anywhere in the country to ensure that the investigation process is conducted properly and fairly.
We have a reputation for leaving no stone unturned and being pro-active in gathering evidence to support your case, with a view to enhancing your chances of obtaining the best possible result.
We have specialist criminal solicitors renowned for having the knowledge and expertise to achieve excellent results in Serious Crime and Complex Fraud cases, whether Civil or Criminal. We are recognised for challenging prosecutions by the Serious Fraud Office, Her Majestys Revenue & Customs, the Department of Work & Pensions, the Department of Trade & Industry, the Serious Organised Crime Agency and other specialist departments within New Scotland Yard.
We will not simply wait for the other side to build a case against you. With all matters from simple road traffic, breach of contract , visa uk cases to murder and the most complicated criminal or civil fraud, we begin to take preventative measures at the outset and assist you at every stage of the proceedings.
Our barristers and Higher Court Advocates work hand in hand with designated teams to ensure the utmost co-operation, discussion and collaboration between your individual case-worker and Court Advocate. We ensure that every avenue is explored during the preparation of your case, that inadmissible evidence is challenged and that all material helpful to your case is properly disclosed.
We enjoy a close working relationship with a network of leading legal experts including forensic accountants, international Lawyers, forensic scientists, medical experts and accident reconstruction experts, who can help us to thoroughly scrutinise the opposite side’s evidence, prevent prosecutions or increase your chances of success.
Without compromising on the quality of our first-class service levels, we will represent you on legal aid or offer you flexible payment structures and some of the most competitive private rates in London.
Executive Summary What we are going to discuss here is whether or not a creditor can come to Guatemala with a judgment from a foreign (Non Guatemala) court and enforce it or make it collectible in Guatemala. We will look at the complications involved and the chances of success which are miniscule at best. I would like to point out that this is a topic not covered by our competition. There are collection law firms that discuss international judgement collection but they are trying to sell their services. In spite of this I have never seen one collection law firm getting enthusiastic about collecting foreign judgements. It is best done through a treaty which Guatemala does not have with any country. We will discuss the matter in depth below.
What is a Judgement A judgement is a decision from a court based on a trial or it could be based on a summary judgment where there was not trial held because the odds of success for the defendant were so small the court just goes ahead and railroads him. Sometimes this happens because the defendant can not afford a legal defense. This is prevalent in the USA. In this discourse we are addressing judgments for money damages. A judgement can have other aspects to it like an eviction proceeding ordering one to leave a house. It does not matter if it is a local court or a national court for this discourse. This is because Guatemala has no treaties for enforcement of foreign judgments but more on this later. The court would need to be contained in a country that Guatemala has diplomatic relations with. Guatemala also insists that the country of the judgement allows Guatemala judgements to be enforced in that country.
What is Not a Judgement A tax lien is not a judgment. Tax liens can come from local or national governments. There is normally no trial preceding a tax lien. There was no judge, no jury, no due process, no right to defend yourself, no attorney present for the defendant, no right to examine your accuser, no chance of jury nullification, etc. This is a government administrative procedure that is not enforceable offshore in other countries. A tax lien would need to be reduced to a judgement by filing a lawsuit in a court of appropriate jurisdiction in the home country. It would be like any other lawsuit. The defendant would have the right to present a defense and have a jury trail. Such a judgement would also then be dischargeable in an ordinary bankruptcy case. Tax liens are practically never converted into a judgement for these reasons and of course the expense involved, time delay to go to trail and so forth.
Guatemala Has No Treaty for the Enforcement of Foreign Judgements It is good that Guatemala has no such treaty. If a treaty like this was present the process of collecting a foreign judgment would be simplified. The judgment itself would be sufficient evidence to proceed with collection. With Guatemala, foreign judgements are anything but a cost effective easy thing to collect on.
Guatemala Corporations and Foreign Judgements Before we get into the ins and outs of the nightmares associated with collecting foreign judgments in Guatemala lets look at the initial problem a judgment creditor would face. We always have our clients use corporations for asset protection. This applies to banking, real estate, cars etc. We prefer to start with fresh corporations formed in the jurisdiction as long as they are anonymous bearer share corporations. Guatemala has very anonymous bearer share corporations. The names of the owners of the corporation do not appear in any public registry, database and the government does not know who owns the corporation. In places like the USA where the legal system has run amuck you will hear a lot of talk concerning piercing the corporate veil. This piercing the corporate veil tactic is nasty and effective in the USA. Try it in Guatemala and you will fail and have one angry judge to deal with who will be less than appreciative of your attempts to import sleazy legal tactics from the USA into his or her courtroom. The corporate veil is not going to be pierced for foreign cvil judgement collection matters. So how does the creditor attack real estate or a bank account owned by a corporation in Guatemala? He doesn’t! You are the owner of the corporation but he does not know that and cannot prove that. Ownership of Guatemala corporations is not in any public registry or database. Going to court and saying well the judgment debtor wired funds from his home country bank account to a bank account owned by this corporation, is not going to prove a single thing in Guatemala regarding corporate ownership. The judgment debtor may have invested in this corporation, he may have bought real estate from this corporation or bought a boat, a plane a car, etc. It does not prove any ownership. The judgement creditor is not going to be able to get into any Guatemala banking records using a foreign judgment as grounds. Guatemala has serious bank secrecy. You must understand that in Guatemala a corporation is a free standing judicial person (artificial person) that has its own assets and liabilities. Your liabilities are not the liabilities of the corporation. This means personal debts do not transfer over to a corporation.
Fraudulent Conveyance The catchall used to attack offshore bank accounts is fraudulent conveyance. A fraudulent conveyance references activity where funds or assets were removed from a jurisdiction to prevent a creditor from recovering the debt. The term can also apply to transferring title of real estate or a car to another to keep it from being attached by a creditor. Panama allows a creditor to pursue a fraudulent conveyance action based on a foreign judgment and this even applies to their foundations. As a comparison Guatemala is not a fraudulent conveyance friendly jurisdiction. Such cases are seldom ever heard of in Guatemala because the chances of success are extremely slight. The plaintiff would need to show that the transfer was specifically designed or intended to remove the assets from the reach of the creditor. If the defendant could show this was not the case then there is no fraudulent conveyance. The money could have been moved to say a Guatemala corporation to pay for services, goods, make an investment, buy a residence, invest in real estate, buy a boat, and so forth. Please bear in mind that in Guatemala the creditor is in the dark. He cannot just subpoena bank records like in other countries. He has no idea who owns the corporation. There are a lot of just about insurmountable obstacles in the path the creditor has to follow. This is why we do not really see these cases in Guatemala.
Foreign Judgement Enforcement Complications in Guatemala There are a lot of conditions that need to be met to enforce a judgment in Guatemala from another country.
Default judgments are not enforceable in Guatemala. The defendant must have been served personally. This means a live process server gave them the legal papers. If the service was by mail, by courier, by publication it invalidates the entire lawsuit and judgement as far as Guatemala is concerned. Dropping the papers on the doorstep or taping them to the door is not going to work. This right off the top eliminates a large amount of judgements.
The judgment must be final in that there is no more room for appeals. This is usually going to mean a few months in most cases.
The court that issued the judgment has to have had proper jurisdiction over the matter. Frivolous cases filed in foreign jurisdictions with incorrect venue or authority are not going to be enforceable. The debtor can always argue that the jurisdiction or authority the court asserted is incorrect. This can then make it a triable issue of fact in the Guatemala courts. The defendant would try to get the plaintiff to retry the entire case in Guatemala if he could not find another way to dispose of the matter. To do this means two sets of lawyers for the plaintiff, one in Guatemala and one from the foreign country. Think big money. Remember that Guatemala has no treaties for the enforcement of foreign judgments. This opens up the playing field to counter attack the plaintiff attempting to collect the judgement. When there is a treaty the judgment itself stands as admissible evidence and the grounds for objecting are most limited.
There is no enforcement if no such claim would be possible under Guatemala law. Guatemala will refuse to enforce the foreign money judgment if the claim on which the foreign judgment is based could not have been brought in Guatemala. The foreign case has to be consistent with Guatemala law. Guatemala law is not as crazy as USA, UK law. If you were sued for sending out faxes that were unsolicited, this judgment would be void in Guatemala since they have no such law in Guatemala. Many USA lawsuits are for civil violations that are absent from Guatemala law and thus not enforceable in Guatemala. This means the foreign attorney will have to retain foreign counsel to review the case and see it is consistent with Guatemala law. Can be expensive. He may have to have the entire matter translated into Spanish by a certified translator at a cost of $10 to $15 a page. Some cases are hundreds of pages. Then the Guatemala lawyer has to read the case which means billable hours. He will ask questions to the foreign attorney so now we get into double billable hours. In any event to enter the judgment into the Guatemala court system in an effort to collect there would need to be a translation of the judgment into Spanish. Then when the debtor started making objections the entire case file would most likely need to be translated into Spanish.
If the judgment was for contempt of court it makes the judgment not valid in Guatemala. This sort of judgment would not be collectible in Guatemala.
The judgment has to not be for default. In other words if you failed to respond to a foreign court action and were in domicile in Guatemala and they got a summary judgment that would not be a valid judgment.
More Foreign Judgment Collection Obstacles in Guatemala The creditor wishing to collect on a foreign judgment in Guatemala is basically on a financial mission, to collect funds. His path is like walking through a minefield. He can hit a number of unexpected or hidden tactics presented by the debtor that will make a financial recovery very unlikely.
First, we have to look at the appeals process open to the defendant. These are the things a creditor will be advised to consider before proceeding with an expensive and time consuming foreign judgment matter in Guatemala. Please bear in mind the defendant (debtor) can appeal any negative decision from a lower court two ways. The defendant can appeal to the Supreme Court claiming the law was not followed correctly applying any of the above noted objections, or all of them. He can also claim procedures were not followed correctly. He can claim the case is not consistent with Guatemala law. He can attack the way he was served. There are many things he can do. He can even file a counter claim against the creditor. The other appeals option is to appeal to the special Constitutional Courts Guatemala has to just decide constitutional issues. How hard would it be to argue that the defendant had some constitutional rights violated in the process somewhere.
If all that fails after years of waiting for the process to work its way through the courts, then there is the bankruptcy option. Guatemala has a complex bankruptcy court system that could be utilized for shelter from creditors. Using these appellate processes is going to run up the bill for the plaintiff substantially. Without the appeals system, the time required for cases can run up to the 3-5 year mark easily. Then add in appeals. and the bankruptcy for even more years. The plaintiff could conceivably go broke or die of old age before the appeals process runs out. They might recover nothing especially if a bankruptcy is used. The plaintiff might never prevail. The expenses involved could be more than the amount of the judgment. By the time all the appeals are used, the time limit for the judgment may have expired (7-10 years usually) and then the case could be dismissed because the judgment is not longer valid, thus not enforceable. And on and on it goes. Such collection efforts are indeed rarely ever seen in Guatemala.
Summary If you have read this you are looking for a secure offshore asset protection jurisdiction and structure. We have several excellent options. Please bear in mind the perfect jurisdiction and structure does not exist. There is always going to be a give and take scenario. We have managed to isolate a few excellent options but there is no perfect solution that meets the needs of everyone. We do try though!
Immigration can be described as an act allows a foreigner to access the territory of overseas nations frequently and settle there permanently. The purpose of immigration can be different entirely depends on the intended applicants personal goal. However, they all have a common desire to get permanent residence in a foreign country. Meanwhile, the complication in immigration process certainly cant be ignored while explaining it one must be well aware of entire process to overcome this.
Planning for Canada immigration is often described as a great effort but, it is also need to be kept in mind that the country grants immigration visa only a limited number of people who successfully qualify the arduous eligibility criteria and capable of providing all the required documents. Those who are residing in Hyderabad, known for lavishing life and mouth watering meals, can reduce their stress at some extents by getting in touch with various immigration experts, while sucking into a stringent immigration work out. The Canada Immigration Consultant in Hyderabad is well identified for their quality of services at affordable costs.
The immigration experts in Hyderabad are known for providing the best assistance in choosing the right visa that suits clients work profile by focusing on various opportunities related to their occupation available in the country. Established a great goodwill in the market for catering desires of getting permanent resident in foreign countries of aspirants, the Canada Immigration Consultant in Hyderabad gave a reason to people to expand their horizon and dream more.
Being a great highlight of Immigration Consultant in Hyderabad, Abhinav, a well established name in immigration service, is one among a large number of immigration consultancies claimed immense success in fulfilling the desire of customers by making their task of obtaining immigration visa successful. Serving customers with full assurance of getting positive outcome is something projected as a great aspect of Abhinavs immigration service that allows clients to go through lots of immigration options in terms of countries like Australia, Canada, Denmark, UK, USA, Lithuania, Latvia and many more.
Ventured into the Immigration business in 1994, Abhinav tops in reliability and credited for offering immense success to the customers by offering the best solution. Apart from being the best Immigration Consultancy in Hyderabad, Abhinav established its branches in various other cities like Delhi, Mumbai, Pune and Bangalore, and highlighted success as a tradition of the consultancy.
Run by Mr. Ajay Sharma, identified as a Principle Immigration Consultant, Abhinav earned expertise in understanding the world of its clients and offers the best possible service by knowing their needs at reasonable costs. Moreover, those who are not able to decide which country will be the best destination or which visa program will be the most suitable for them, Abhinav serves them passionately by offering plethora of options unless they choose the best suitable option.
Claimants are often encouraged to hire personal injury specialists while filing personal injury cases since these legal professionals make the task of filing claims a lot easier. While hiring a legal professional to help you out, you have to keep a few things in mind so that you get the best services for no cost. This article will elaborate on some important tips to keep in mind while you look for a personal injury specialist.
Tip #1 If you are hiring an independent lawyer using the internet then you should check his website to ensure that he will be personally handling your case. If the lawyer is not going to personally handle your case then you should get information about the person who is going to handle the case. If you are selecting a personal injury specialist from an accident settlement company then inquire if the lawyer the company is sending is worth hiring. You should also read testimonials on the website before opting for a lawyer or an accident settlement company.
Tip #2 Before hiring a personal specialist you should do a background check on the lawyer. You should find out if he is accredited by a governing body in UK and if he has the required expertise to help you out. Personal injury lawyers practicing in UK have to be registered with the Association of Personal Injury Lawyers by the law.
Tip #3 Before hiring the personal injury lawyer you should ask him a few questions related to the claim. The solicitor you are planning to hire should be ready to give you legal advice before you hire him. If the solicitor does not provide answers or if he says that he will provide answers then you should look for another solicitor who is willing to help you out without any strings attached.
Tip #4 Majority of the personal injury specialists in UK offer a beneficial service known as the no win no fee claim. This service is beneficial to claimants since it states that the claimant does not have to worry about paying any legal fees if the claim is lost or win. If the solicitor you are planning to hire does not offer the no win no fee service then you should consider hiring another lawyer who offers this service.
Tip #5 If you want added services like online claim tracking services then you should hire a personal injury lawyer from an accident settlement company. These companies allow claimants to check the status of their claim from their home using a unique tracking number. Accident settlement companies also offer free legal services, no obligation advice and other beneficial services to claimants.
Justice Secretary Ken Clarke has been laying out proposals for changes in legal aid that will limit the types of cases where legal aid is available, therefore savings significant costs. Currently over 2 billion a year is spent on legal aid in the UK, an amount that is more than ten times that of France. Areas where legal aid will no longer be available will include claims against hospitals, doctors and schools, immigration, benefit and employment disputes and family law cases. Also in the proposals is that fees for legal aid solicitors will be cut by 10%. It is being seen by supporters as removing legal aid where it is being wasted but keeping it where it is really seen as necessary, while critics say that it will mean the poorest members of society will in some cases be unable to get justice.
So, what will be the impact of these changes should they go ahead?
One area of law that has significantly increased over the last decade is no-win no-fee suits. Currently the costs, and therefore solicitors fees, are recovered from the losing side. This is something that will no longer be possible.
In most cases legal aid will no longer be available in cases against public institutions such as doctors, hospitals and schools. Cases that will be affected will include those seeking legal action after medical mistakes. With regard to schools it is likely to limit the number of accident claims and appeals against school entrance. Some would argue that not being able to take legal action for genuine accidents is a good thing while other say it means that institutions will no longer be held responsible for a lack of care.
Family Law is seen as an area that will be impacted most by these proposed changes. Half of the total money saved will happen in the area of family law alone. Legal aid will still be available in cases that involve domestic violence, forced marriage and child abduction, but in a relatively straight forward case it will not be the case.
In general it is expected that the number of so called minor legal disputes will be less commonplace. This is something supporters see as a major plus points, on top of the obvious fact that it will save public money. The changes may put to an end (to an extent anyway) the increasing culture of looking for blame to profit from unfortunate situations, such as minor accidents. Some see certain cases as people taking advantage of legal aid where they would not pursue the case if they had to pay for it themselves, even if they could afford to. This will therefore reduce unnecessary legal action.
There are, of course, potential problems. Some are worried that the less well off will suffer unfairly, that there will be situations where people will not get justice where someone better off, and able to afford legal advice themselves, will be able to carry a case forward. It could also lead to irresponsibility with businesses, organisations and individuals held less responsible for their actions.
Andrew Marshall (c)
The most popular Legal Process Outsourcing (LPO) destinations include China, Israel, Philippines, Sri Lanka and, of course, India. For a decade, India has reigned as the world’s premier outsourcing destination because of its favorable time zone, the better quality of experts from the country, foreign educated professionals, language and the similarity to English common law systems. Despite India’s supreme reign, LPO is moving beyond India’s borders into new countries and with new strategies.
As the LPO industry matures and expands, corporate legal departments and law firms alike are becoming more open-minded about the types of legal processes to outsource and where their LPO providers are located. The trend today is to think about outsourcing in its broadest terms as “to outsource any legal work — including from one law firm to another law firm — in any geographical location, for example from the UK to Kenya, India to Uganda and so on.”
This new mindset is leading to a surge in new destinations and operating models for LPO work. Examples of new LPO locations include the UK, Chile, Ghana, Jamaica, Poland, Romania, Russia, South Africa, the Philippines, and Vietnam. These regions share several important attributes: they offer a rich pool of multi-skilled talent with a high work ethic. They also have cost advantages, sound IT and telecom infrastructure, good connectivity, ease of travel, government support, business-friendly policies and cultural compatibility.
Relocating Legal Process Outsourcing
The concept of “near-shoring” is also gaining global acceptance. The term describes any outsourcing location “near” its primary market (for instance, Eastern European countries to Western European Countries), or as services delivered from an adjacent or nearby country. The near-shore outsourcing model offers a number of benefits equal to the offshore outsourcing approach. The primary benefits include:
*Proximity and Time Zone
*Cultural Affinity and Ease of Doing Business
Although near-shore rates can be higher, near-shore engagements offer greater efficiency gains that working in close proximity and in the same time zones can bring. Therefore, near-shoring can be more efficient in achieving higher percentages of work performed at a lower cost location than offshore. Thinking past simple labor arbitrage, companies that engage in long-term engagements, measured by strategic service level agreements, can better leverage the advantages of the near-shore model.
The near-shoring trend illustrates the value of LPO beyond simple cost-savings. With the huge global potential that near-shoring presents, LPO will be more widely adopted as a flexible, effective strategy for delivering legal services to a global business community.
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The Immigration Asylum & Nationality Act 2006 is the fifth major piece of legislation in the field of asylum and immigration since 1993.
The Immigration Asylum & Nationality Act 2006 received Royal Assent on the 30th March 2006 and by virtue of a second commencement order, the main provisions took effect on 31 August 2006 by virtue of the Immigration, Asylum and Nationality Act 2006 (Commencement No.2) Order 2006.
The first sections of the Act are concerned with appeals and impose new restrictions on the right to appeal against Home Office asylum or immigration decisions. The most significant is section 4 which limits the right of appeal against refusal of entry clearance to cases in which the application for entry clearance was made either for the purpose of entering as a dependant or a visitor – in both cases limited by reference to regulations made by the Home Secretary. Significantly, there will no longer be a right of appeal against refusal of entry clearance as a student.
Section 1 inserts a new section 83A into the Immigration, Nationality and Asylum Act 2002 to introduce a new right of appeal for people who are no longer recognised as refugees but who are permitted to stay in the UK on some other basis. Section 2 amends section 82(2)(g) of the 2002 Act to provide a right of appeal against a decision to remove under section 10(1)(b) of the 1999 Act. This will give the person a separate right of appeal at each of the two decision stages; the first at the revocation stage and the second at the stage the decision to remove is taken. Section 3 amends section 84 of the 2002 Act. It provides that an appeal under the new section 83A may only be brought on the ground that removal would breach the United Kingdom’s obligations under the Refugee Convention. Section 4 substitutes one provision for Sections 88A, 90 and 91 of the 2002 Act which limits all appeals against refusal of entry clearance to limited grounds (human rights and race discrimination), with the exception of those listed in the categories. By section 6 a person may not appeal against refusal of leave to enter the United Kingdom unless: (1) on his arrival in the United Kingdom he had entry clearance and (2) the purpose of entry specified in the entry clearance is the same as that specified in his application for leave to enter. Section 89 of the 2002 Act restricts rights of appeal against refusal of permission to enter at the port of both visitors and students who do not hold an entry clearance. This restriction limits the grounds of appeal to human rights and race discrimination. If the appeal is exercised in the UK it is restricted to asylum. A right of appeal remains in all cases on both human rights and race discrimination grounds.
Section 7 provides powers to hear only human rights aspects of national security appeal cases in country with the national security aspects of the case.
Section 15 imposes civil (and not criminal) penalties in the form of fines on employers of persons over the age of 16 subject to immigration control in defined circumstances. A person is subject to immigration control if he requires leave to enter or remain in the United Kingdom under the provisions of the Immigration Act 1971. The defined circumstances are that:
The current economy model rewards individuals who are inventive. When a new creation has been invented, it is paramount to get it registered with the national patent office. Once the registration is completed, the registrant will have a patent granting him exclusive rights over the invention. A patent is important because it gives the patent owner a 20 years period of monopoly in the market place.
Application under the Patent Cooperation Treaty (PCT)
The PCT is an international agreement between 117 countries to provide an easier patent filling application process. However, inventors should be aware that the PCT system does not provide you with an international patent. By using the PCT, the inventor can file a single patent application with one patent office (e.g. UK patent office) so that he/she can seek for simultaneous protection for his/her invention in the other 116 countries. The application has to be one of the ten publication languages, and that includes Arabic, Chinese, English, French, German, Japanese, Korean, Portuguese, Russian or Spanish.
It is common practice to hire patent translation services from a professional company to translate your patent application into English. This is because English is still the most frequently used language in business and science. Do go for a reputable translation company because the quality of the work will have a huge impact on your PCT application. One should note that patent translation will not have a very natural writing style because patent translation needs to be written in a legal style that contains specific information. Furthermore, patent description tends to be very technical. Therefore, a professional translation service will ensure that you have a watertight description of your invention.
Patent Translation for Filing Is Different From Patent Translation for Information
Patent translation services can vary according to the needs of the client. Sometimes the patent translation is only needed for understanding certain patent information, for use of litigation, or investigation of a prior art. In that case, the patent translation will be a more literal translation and the main aim is to get the key information across. This type of patent translation is also very suitable for internal circulation and much cheaper compared to full patent translation for filling.
On the other hand, patent translation for filing will be carried out by specialist native translators. The translated patent will also be proofread by another expert translator. These translators have working knowledge of intellection property regulations to ensure that the translation is also legally sound. Before filing to the patent office, the translated patent application will be checked by a local patent lawyer to ensure the format of application is correct. With all these safeguard processes in place; one should expect the price to be more expensive compared to patent translation just for information.
An unpatented invention is of no value. Hence, inventors are very reluctant to disclose their invention to a third party. An information leak from the translation company is the last thing any inventor wants to see. So, do make sure that the professional translation company you hire has a good reputation and also a robust confidentiality policy. Always ask the translation company to explain to you on what precautions will be taken to protect the translation work and the original information. This will help to prevent any unnecessary complication in the future.