What are pharmaceutical incentives? In the EU, protection mechanisms and incentives for medicinal products, grouped under the term pharmaceutical incentives (PIs), are in place. PIs comprise legislative measures that give originator pharmaceutical companies (originators) a degree of advantage over companies selling medicines with the same active substance at far lower prices (generic or biosimilar companies)-ranging from market protection (MP), through extensions of patent rights, to several years of market exclusivity for a medicinal product. Rationale behind PIs PIs were introduced in the EU to encourage and support originators in discovering and developing new medicinal products. While innovation and discovery typically require considerable time and financial investment, only limited effort is needed to use the knowledge generated afterwards. When a generic or biosimilar company reproduces an invention, it often does not bear the substantial research and development (R&D) costs of creating it and can therefore sell the
Claims by contractors for time and/or money Requests from contractors seeking additional time and/or payment are commonplace on construction projects. A time claim seeks an extension of time (EoT) to complete the works (or achieve a contractual milestone) where a delay event has occurred, whereas a money claim typically pursues reimbursement of extra loss and/or expense incurred by the contractor due to delay or disruption to the works. Such a claim might likewise be brought by a sub-contractor under a sub-contract. These claims are usually founded on an express contractual entitlement—ie the contract specifies situations in which the contractor is entitled to time and/or money—and they are advanced and decided in accordance with the contract terms. They do not, of themselves, involve a breach of contract or require there to be a dispute between the parties, although they may ultimately give rise to
Date [ date ] Parties [ name of Landlord ] [ of OR incorporated in England and Wales (company registration number [ number ]) whose registered office is at ] [ address ] (Landlord) [ name of Tenant ] [ of OR incorporated in England and Wales (company registration number [ number ]) whose registered office is at ] [ address ] (Tenant) [ [ name of Guarantor ] [ of OR incorporated in England and Wales (company registration number [ number ]) whose registered office is at ] [ address ] (Guarantor) ] 1 Definitions For this Deed, the terms below shall have the following meanings: Effective Date • [ today OR the date of this Deed OR [ other date on which the variation is to take effect ] ] [ Guarantor’s Obligations • the covenants undertaken by the Guarantor in [ the Lease OR a [ describe other
This Checklist When getting ready for a remote (virtual) hearing in arbitration, there are numerous logistical and practical issues to be identified, planned and, in many cases, budgeted for. This Checklist is intended to make sure the core aspects of a remote hearing are dealt with in advance so the proceedings run as smoothly as possible. This Checklist applies to both fully remote hearings (where all participants appear remotely) and hybrid hearings (where some participants are together at a single location while others join remotely). Where appropriate, distinct considerations for these two formats are set out in this Checklist. Although the terms remote and virtual can be understood differently and some practitioners prefer one over the other, they are used interchangeably for the purposes of this Checklist. This Checklist primarily addresses the needs of merits hearings conducted remotely, rather than procedural hearings, although several of the...
Checklist This Checklist outlines the principal matters and actions practitioners should address when formulating an application under section 78 of the Police and Criminal Evidence Act 1984 ( PACE 1984) to bar identification evidence owing to non‑compliance with Code of Practice D ( PACE Code D). It also addresses relevant disclosure obligations, the relationship with the Turnbull guidelines and the Crown Court Compendium, and the court’s ongoing authority to exclude or confine identification evidence during the trial. For guidance on applications under PACE 1984, s 78 to exclude evidence, see the Practice Note: Exclusion of unfair evidence in criminal proceedings. For comprehensive advice on contesting identification evidence, see the Practice Note: Challenging visual identification evidence......
Use this checklist when finalising a building contract for signature. It is intended to reduce mistakes when assembling or reviewing construction documents before the parties sign and the process is completed. Consistency with other documents From the outset, coordinate with the professional team member preparing the contract documentation—for example, the Preliminaries and Employer’s Requirements—to confirm they align with the schedule of amendments and faithfully express, and accurately record, the parties’ intentions. Early engagement helps prevent inconsistencies between these documents and the agreed amendments. For more on drafting a building contract, see: Drafting a building contract/schedule of amendments—checklist. Details of the parties Provide full particulars for every contracting party—the complete company name and address, together with the registered company number (if applicable), as company names may change in future. Confirm the particulars are correct at Companies House (where relevant)......
STOP PRESS Be aware that on 26 March 2026, the first Family Procedure Rules 2010 ( FPR 2010) Practice Direction ( PD) Update of 2026 was issued, introducing revisions to FPR 2010, PD 27A. This checklist is currently being revised to incorporate those alterations. See News Analysis: Family Procedure Rules 2010 Practice Direction Update No 1 of 2026. This Checklist explains the core requirements for assembling court bundles in all proceedings other than financial remedy proceedings, covering the documents to be included, format, lodging arrangements, and the permitted lengths of documents and bundles under the Family Procedure Rules 2010 ( FPR 2010), namely FPR 2010, PD 27A. It gives practical guidance on who must prepare the bundle and the consequences of not complying with the requirements. It also identifies the amendments to FPR 2010, PD 27A taking effect from 2 March 2026....
This Checklist is for the offeror and its advisers, outlining preliminary actions and considerations ahead of announcing an offer and issuing the offer/scheme document. It addresses preparation, bid planning, due diligence, announcements and other connected matters. This is not a complete Checklist; what is required will turn on the precise features of the transaction. Any references to Rules are to the rules of the City Code on Takeovers and Mergers (the Code). Preparatory steps Appoint principal advisers (financial adviser, legal adviser, brokers, public relations consultants, etc). Prior to a bid—the offeror Hold the offeror’s initial board meeting. Constitute a capable offer committee with appropriate delegated authority from the board. Confirm there are no regulatory or commercial conflicts of interest. Identify all concert parties (and affiliated persons). Acting in concert Ensure all participants understand the secrecy requirements: financial advisers should, at the very start of...
Pre-inquest review hearings ( PIRs) It is now routine for a pre-inquest review hearing ( PIR) to be convened—and, where necessary, more than one—to ensure efficient case management and to address any evidential matters that may emerge. Rule 6 of The Coroners ( Inquests) Rules 2013 ( CIR 2013) confers on the coroner a statutory power to hold a PIR 'at any time during the course of an investigation'. If the coroner does not take the initiative to arrange one, representatives of the interested persons ( IPs) should request that a PIR be listed. The Chief Coroner’s guidance indicates that PIRs should take place in complex investigations. The purpose of a PIR parallels a case management conference in civil litigation or a plea and trial preparation hearing in the Crown Court. For information on preparing for an inquest, see Practice Note: How to prepare for an...
Practical and logistical Preparing for an in-person arbitration hearing involves numerous practical and logistical factors that must be anticipated, arranged and, frequently, costed. This Checklist is designed to confirm the main elements of a hearing are addressed early, helping the process run as smoothly as possible. It aims to ensure key aspects are weighed in advance so arrangements can be planned carefully and budgeted in good time and with clarity. The Checklist is not comprehensive and does not, for example, cover many legal questions that might be relevant before and during an arbitration hearing. It focuses on the needs of in-person merits hearings rather than in-person procedural hearings, though several points will apply to both formats. It also assumes that private practitioners will take a leading role in pre-hearing preparation, which may not always be the case. Certain matters considered in the...
HMRC may issue a revenue determination in relation to direct taxes when a taxpayer fails to submit a return in response to a notice requiring a return to be filed. Unless the determination was raised by HMRC in error, receiving one indicates a significant lapse in attending to tax affairs and compliance obligations. It should be addressed promptly as a matter of priority, and a taxpayer may wish to instruct an adviser to provide assistance. For detailed guidance on the consequences of a revenue determination for direct taxes and the options available to displace it, see Practice Note: What is a revenue determination for direct tax purposes? This Checklist sets out key practical considerations and the procedural steps to take once a taxpayer has been issued with a revenue determination by HMRC. Determinations concerning stamp duty land tax ( SDLT) fall outside the scope of this...
Conservation areas are neighbourhoods or districts identified and designated under the Planning ( Listed Buildings and Conservation Areas) Act 1990 (in England) and the Historic Environment ( Wales) Act 2023 ( HE( W) A 2023) as places of particular architectural or historic interest, whose character or appearance it is desirable to protect or enhance. See Practice Notes: Conservation areas in England and Conservation areas in Wales for further guidance. What are the implications of the property being in a conservation area? If the property lies within a conservation area: planning controls are tighter—permitted development rights are generally more limited in conservation areas; some conservation areas may additionally be subject to specific Article 4 directions, which restrict permitted development even further (see: Permitted development—overview and Practice Note: Article 4 directions) in England, conservation area consent is not needed for the demolition of any buildings. Proposals to demolish such...
This Checklist condenses the historic provisions in Part 45 on fixed costs and signposts the key content. The earlier (transitional) rules in Part 45 govern fixed costs matters—mainly personal injury claims—that fell within the fixed recoverable costs regime before 1 October 2023. Any mention of ‘rule’ and ‘part’ in this Practice Note relates to those former provisions. The previous rule 45 is available here: Practice Notes Costs capping orders—restrict the extent of future costs a party may recover by a later costs order ( CPR 3.19(1)) Protective costs orders—limit the amount of costs a losing party will be required to pay ( CPR 44.18) CPR provisions on fixed costs— Part 45 The fixed costs provisions in force before 1 October 2023 are contained in old Part 45......
Checklist Use this Checklist when assessing online advertising terms and conditions, where a publisher (the owner of a website, app or other digital platform) sells advertising space on its platforms to advertisers (brands or advertising/media buying agencies acting for those brands) on a direct basis ( Programmatic Direct). Where appropriate, this Checklist may operate as the starting point for straightforward, non-binding heads of terms. For direction on preparing these, see Precedent: Heads of terms—commercial contracts. For a specimen set of a publisher’s standard terms, see Precedent: Online advertising terms and conditions. As you work through the Checklist, the third column can be used to note observations or comments. Employ it to record notes while progressing through each item. Further information Notes (if any) Parties ☐ Verify each party’s legal status and whether the advertiser will contract in its own capacity or via an advertising agency. In some...
Checklist This Checklist outlines how to serve notices to quit aimed at preventing tacit relocation in commercial leases in Scotland. It covers: Who may serve a notice to quit; When it must be given; and How service should be effected. It does not address notices to quit for residential or agricultural property, nor does it cover the particular protection afforded to shop tenants under the Tenancy of Shops ( Scotland) Act 1949 (see Practice Note: Protection for shop tenants), which are outside the scope of this Checklist and are not considered here. In Scotland, the principle of tacit relocation provides that a commercial lease will not end on the stated contractual expiry date but will continue, unless one of the parties serves a notice to quit in good time to bring it to an end at that date and then follows through by...
When taking a lease or a disposition from a receiver or an administrative receiver, the title deeds should include: the original or a certified duplicate of the floating charge under which the receiver was appointed a certificate from the chargee (or their solicitor) confirming the appointment power under the floating charge has crystallised the original or a certified duplicate of the instrument appointing the receiver, whether under IA 1986, s 53 (by the holder of a floating charge) or IA 1986, s 54 (by the court), and for any appointment under IA 1986, s 53, a certified copy of the receiver’s notice accepting the appointment (the original is retained by the chargee) It is also necessary to check that the floating charge: is registered at Companies House has been properly executed (see Practice Note: Execution of...
Administrator appointed by the court Where the court appoints an administrator under paragraph 11, Schedule B1 to the Insolvency Act 1986 ( IA 1986), following an application by the company, its directors and/or any one or more of its creditors, the title deeds must contain certified copies of: the administration order; and any subsequent order(s) under IA 1986, Sch B1, paras 91–95 appointing a new administrator on the death, resignation or removal of the original or any successor The Administrator must also register a notice of appointment at: Companies House; and the Register of Inhibitions, using a form that complies with the Insolvency ( Scotland) ( Company Voluntary Arrangements and Administration) Rules 2018 ( ISCVAAR 2018), SI 2018/1082, r 3.27 Administrator appointed by holder(s) of qualifying charge, the company or its directors Where appointment is made by the holder(s) of a qualifying floating charge (under IA 1986, Sch B1, para 14) or by the...
Administrator appointed by the court Where the court appoints an administrator under paragraph 11 of Schedule B1 to the Insolvency Act 1986 ( IA 1986), following an application by the company, its directors and/or one or more creditors, the title deeds should include certified copies of: the administration order; and any further order(s) under IA 1986, Sch B1, paras 91–95 appointing a new administrator after the death, resignation or removal from office of the original or any later administrator Administrator appointed by holder(s) of qualifying charge, the company or its directors Where the administrator is appointed by the holder(s) of a qualifying floating charge ( IA 1986, Sch B1, para 14) or by the company or its directors ( IA 1986, Sch B1, para 22), the title deeds should include certified copies of: the notice of appointment: in a...
Compulsory liquidation Provide a certified court interlocutor ordering winding up and naming the liquidator, plus certified proof of appointment: creditors’ resolution, contributories’ resolution with the liquidator’s certificate on the creditors’ meeting, or a court order. Creditors’ voluntary liquidation Include a certified general meeting winding‑up resolution and either the creditors’ resolution appointing the liquidator or a court order. If moving straight from administration, add a certified, administrator‑signed and Companies House‑stamped form 2.25B ( Scotland). Members' voluntary liquidation Supply a liquidator/secretary certificate that a solvency declaration was filed, and a certified general meeting resolution appointing the liquidator. Checking the appointment Irregularities do not invalidate acts, but absence of appointment does—so verify appointment and any limits on Schedule 4 powers; in compulsory cases powers are court‑controlled and creditors or contributories may apply. Joint liquidators Confirm power to act severally; otherwise all must execute sale...
Compulsory liquidation The title deeds should comprise: an official copy of the winding‑up order; and, unless the liquidator is the official receiver (as appointed by the court under that order), also certified copies of one of the following: the resolution passed at the creditors’ meeting appointing the liquidator; or the resolution passed at the contributories’ meeting appointing the liquidator, together with a certificate issued by or on behalf of the liquidator confirming that a creditors’ meeting was duly held and either endorsed the contributories’ appointment or did not pass a resolution nominating a liquidator; or the court’s order appointing the liquidator under either: IA 1986, s 139(4) (overriding the creditors’ appointment, which would otherwise take precedence over any...
When taking a lease or buying from a heritable creditor in possession, the title deeds should include: the original instrument or a certified copy of the standard security by which the heritable creditor asserts title proof that the right to enforce the standard security has crystallised (namely, that a default has occurred and calling-up procedures have been observed), see Practice Note: Enforcing standard security— Scotland The standard security will be recorded against the property title; however, you should also confirm that it: has been filed at Companies House has been validly executed, see Practice Note: Execution of documents under Scots law and Registers of Scotland—guidance on execution of documents in counterpart includes provisions enabling the heritable creditor to call up and sell or lease In most instances, standard securities contain an express power to enforce upon the occurrence of......
This Checklist outlines the principal considerations a legal adviser to an e‑commerce business (whether in‑house or external) should review to help the organisation comply with applicable e‑commerce laws and to manage legal risks particular to an online trading environment. It is suitable for e‑commerce businesses selling to consumers ( B2C) as well as to other businesses ( B2B). It does not cover matters that are generally relevant to all businesses (eg compliance with general data protection record‑keeping obligations, health and safety, employment law, taxation, and so on). For further guidance on e‑commerce, see Practice Notes: Business to business e‑commerce—introduction Business to business e‑commerce—legal issues Business to consumer e‑commerce—legal issues A. Website terms and information—ensure the following are in place Terms of use (of the website) It is prudent to include terms that explain the basis on which the website is provided and...
The lists below identify jurisdictions where merger control thresholds are determined by assets and/or by market share or share of supply (these can operate as alternatives to other thresholds). For details of all merger control thresholds, see MJ merger grid—jurisdiction. Jurisdictions with asset based thresholds Note—these may function as alternatives to other thresholds. Argentina Armenia Belarus Botswana Cambodia Canada Colombia Common Market for Eastern and Southern Africa ( COMESA) Costa Rica Egypt El Salvador Ethiopia Guatemala (when in force) Honduras India Indonesia Kazakhstan Kenya Kuwait Malawi Mexico Namibia Pakistan Peru Philippines Russia South Africa South Korea Tajikistan Tanzania Trinidad & Tobago Ukraine United States of America Uzbekistan Vietnam Zambia ...
When evaluating a general damages claim, the practitioner ought initially to refer to the Judicial College Guidelines (JCG)...
This Practice Note This Practice Note reviews mechanisms used in settling litigation. A Tomlin order consists of a consent order paired with a schedule. It operates to stay proceedings on terms that have been agreed. The provisions contained in the schedule may remain confidential. This Practice Note describes the scope of confidentiality attaching to the schedule and sets out how it differs from a standard consent order. Sample wording for a Tomlin order is included, alongside links to precedents, as well as guidance on court approval. It also addresses varying, setting aside and enforcing a Tomlin order, including the considerations the court will take into account when handling applications for each. Further guidance is provided on interpreting and applying the relevant provisions of the CPR; however, some courts and divisions impose very specific requirements for both drafting and approval, and for approaching the schedule and confidentiality issues. Accordingly, you must consider the particular rules and court guide provisions in the forum where your claim is proceeding when drawing up the Tomlin order...
Date [ date ] Parties [ name of Landlord ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Landlord) [ name of Tenant ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Tenant) [ [ name of Guarantor ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Guarantor) ] [ [ name of Mortgagee ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Mortgagee) ] Definitions Within this Deed, the terms below shall be interpreted as follows: [ Annual Rent • the annual sum reserved under the Lease; ] [ Insurance Rent • the Tenant’s share of the Landlord’s costs of insuring the Property (as set out in the Lease); ] Lease • the lease of the Property dated [ date ], entered into between (1) [ the Landlord OR [ name ...
I, [ name ], of [ address ], solemnly and sincerely state that: [ Matters to be verified, set out in numbered paragraphs ] I make this solemn statement in good conscience, believing it to be true, and pursuant to the provisions of the Statutory Declarations Act 1835. DECLARED at [ details ] this [ day ] day of [ month and year ] Before me ................................................................................ [ signature of the person before whom the declaration is made ] A [ commissioner for oaths OR [ solicitor OR [ insert other qualification ] ] authorised to administer oaths ]...