Ashurst
18 Experts
3 Contributions by Ashurst
PRACTICE NOTES
Background to the contaminated land regime (the regime)
The framework for contaminated land appears in Part 2A of the Environmental Protection Act 1990 (EPA 1990). This statutory scheme addresses the remediation of land contamination that presents an unacceptable risk to human health or the environment. Local authorities are required to determine contaminated land through a risk‑based methodology. The competent enforcing authority—ordinarily the local authority, though in specified circumstances the Environment Agency (EA) or Natural Resources Wales (NRW)—must locate those responsible for the pollution and compel them to investigate, evaluate and remediate the land to a state appropriate for its existing use...
Restructuring & Insolvency
PRACTICE NOTES
Environmental permits and insolvency
Certain business activities that affect the environment will typically require an environmental permit from the Environment Agency (EA) or the local authority. The environmental permitting framework has replaced and rationalised the need to secure a range of consents under previous systems, including waste management licensing, discharge consents, and pollution prevention and control permits. For instance, any business handling controlled waste (that is, household, commercial or industrial waste) must hold an environmental permit, formerly known as a waste management licence. The environmental permitting regime took effect on 6 April 2008, and waste management licences in existence before 5 April 2008 automatically converted to environmental permits from that date. Undertaking specified operations without the requisite permit, or running a permitted activity in breach of its conditions, constitutes a criminal offence. Where an insolvency practitioner is appointed over a business that holds an
Restructuring & Insolvency
PRACTICE NOTES
This Practice Note sets out a comparison of headline aspects of the FIDIC 2017 and NEC4 suites, highlighting similarities and distinctions across their principal features. It specifically concentrates on the NEC4 Engineering and Construction Contract (ECC) and the FIDIC Red Book 2017 (Red Book), used primarily where the Contractor constructs to the Employer’s design in practice (although, where the scope includes any Contractor design, the Red Book accommodates this). For commentary on the 1999 edition of the FIDIC Red Book, see Practice Note: FIDIC 1999 and NEC4 contracts compared.
Overall philosophy
FIDIC
FIDIC contracts are the leading international standard-form construction agreements. They are often described as ‘written by engineers, for engineers’. The suite is also recognised for balanced risk distribution, with liabilities generally allocated to the party best able to manage them (the EPC/Turnkey variant, widely referred to as the Silver Book, is something of an
Construction
4 Contributions by Ashurst Experts
PRACTICE NOTES
The UK’s ring-fencing framework, initially created by the Financial Services (Banking Reform) Act 2013 (FS(BR)A 2013), has been materially updated following commencement of the Financial Services and Markets Act 2000 (Ring-fenced Bodies, Core Activities, Excluded Activities and Prohibitions) (Amendment) Order 2025, SI 2025/30 (the 2025 reforms). This Practice Note outlines the background to the 2025 reforms, sets out the principal amendments made, and flags practical and compliance considerations that ring-fenced banks and their groups may face.
Background to the 2025 reforms
Brought in during 2013, ring-fencing formed part of a suite of UK banking reforms responding to the 2008–2009 global financial crisis. It took full effect in 2019, obliging the biggest UK banks to segregate core retail banking from wholesale and investment operations. The policy aim was to protect essential banking services on which households and SMEs rely from contagion risks that might
Financial Services
CHECKLISTS
R&D agreements—drafting for the EU R&D BER 2023—checklist
This Checklist outlines the key issues to address when preparing new Research and Development (R&D) agreements, or revising current R&D arrangements, to determine whether they fall within the EU R&D BER 2023 (Commission Regulation (EU) 2023/1066 on the application of Article 101(3) of the Treaty on the Functioning of the European Union (TFEU) to specific categories of research and development agreements). It is not a detailed manual on the EU R&D BER 2023; rather, it is a practical tool for commercial lawyers aiming to confirm that an R&D agreement sits within the EU R&D BER 2023 and the accompanying Horizontal Guidelines.
Introduction to the EU R&D BER 2023
Any arrangement that impacts trade or restricts competition in the EU may fall under the ban on anti‑competitive agreements in Article 101(1) TFEU. That said, an agreement will not be
EU Law
CHECKLISTS
Using this Checklist
This Checklist concentrates on the IP elements of R&D agreements and pinpoints the principal provisions commonly found in such contracts. It serves as a list of points to address when drafting, reviewing or negotiating these agreements. It also touches on central competition law issues. Nevertheless, a case-by-case analysis is required to confirm that an agreement’s IP clauses align with competition rules, notably the bans on anti-competitive agreements in Article 101(1) of the Treaty on the Functioning of the European Union (TFEU) and Chapter I of the Competition Act 1998 (CA 1998).
On 1 June 2023, the European Commission adopted the EU Research & Developments Block Exemption, Commission Regulation (EU) 2023/1066 (EU R&D BER), together with the related Horizontal Guidelines. The EU R&D BER took effect on 1 July 2023 and will lapse on 30 June 2035. On 5 December 2022, the UK
IP
CHECKLISTS
This Checklist
This Checklist examines the intellectual property elements of vertical agreements and outlines the principal competition law issues. It addresses:
the parties and configuration of vertical arrangements
identification of the IP
licence scope
limits on use of the IP
IP ownership
third-party IP
protection of the licensor’s IP
warranties and indemnities
On 10 May 2022, the European Commission adopted the EU Vertical Restraints Block Exemption, Regulation (EU) 2022/720 (EU VBER), along with the Vertical Guidelines. The EU VBER came 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
IP
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