CMS Cameron McKenna Nabarro Olswang LLP
29 Experts
1 Contributions by CMS Cameron McKenna Nabarro Olswang LLP
PRACTICE NOTES
1. What is the applicable legislation?
The rules governing oversight of foreign direct investment in Hungary derive from Act LVII of 2018 on the Supervision of Foreign Investments Violating the National Security Interests of Hungary (the 2018 Act) together with its implementing measure, Government Decree 246/2018 (XII.17) (the 2018 Governmental Decree), which has applied since 1 January 2019. In addition, Hungary applies FDI control pursuant to Act L of 2025, which elevates the emergency decrees adopted in response to the armed conflict in Ukraine to the rank of an act (the 2025 Act). This FDI framework was first introduced as a temporary shield for Hungarian undertakings during the COVID-19 period and was set out in a series of government decrees; it nevertheless continues to apply, presently through to 31 December 2026, and is now governed by the 2025 Act. At the moment, the two FDI
Competition
20 Contributions by CMS Cameron McKenna Nabarro Olswang LLP Experts
PRACTICE NOTES
This Practice Note explores how to identify the governing legal system for a contract of employment or an employment relationship. It reflects the consequences of Brexit, the close of the Withdrawal Agreement’s implementation period at 11pm on 31 December 2020, and the Retained EU Law (Revocation and Reform) Act 2023 (REUL(RR)A 2023) for this field. For further details, see: Brexit impact, below.
Initial considerations
Where a dispute or claim involves an employee working wholly or partly abroad and/or engaged by a foreign employer, two preliminary questions arise:
what rights does the employee have?
in which forum should any subsequent litigation be decided?
In addressing these, three principal issues arise:
applicable law, namely which legal system governs the employment contract under review?
international jurisdiction, that is, which courts and/or tribunals should determine the case?...
Employment
PRACTICE NOTES
Effective preparation of bundles
Meticulous bundle preparation underpins a calm, efficient hearing and is something practitioners should keep firmly in view as part of their overall work for any hearing. This Practice Note offers a guide to creating and deploying electronic bundles (or e-bundles) in civil proceedings in England and Wales. It sets out practical pointers on the interface between digital case management and e-bundles, the varieties of electronic bundle, judicial expectations when assembling electronic bundles, guidance in the Civil Procedure Rules (CPR) on preparing bundles, effective methods for preparing and using electronic bundles, and the benefits and drawbacks of using electronic bundles. It also surveys widely applicable tools to consider when collating evidence and other documentation electronically. For general guidance on preparing a bundle for:
trial—see Practice Note: Preparing trial bundles
an interim application—see Practice Note: Preparing for an application
Dispute Resolution
PRACTICE NOTES
The core purpose of assembling electronic bundles is to deliver a user-friendly set and ensure all hearing participants hold the same version of the court papers. This Practice Note gives guidance on preparing electronic court bundles in PDF.
Bundles for major commercial trials are likely to be filed by external bundle providers. All other bundles can be submitted to the court via the HMCTS Document Upload Centre—Professional Users Guide, or using HMCTS’ electronic filing and case management system, CE-File. The procedure for CE-File is set out in CPR PD 5C—for more on CE-File, see Practice Note: How to use CE-File—from 1 October 2025. This Practice Note should be read with Practice Note: Electronic bundles in civil proceedings and the General guidance on electronic court bundles issued by the Courts and Tribunals Judiciary on 29 November 2021 (CTJ
Dispute Resolution
PRACTICE NOTES
When a dispute or claim concerns an employee working wholly or in part overseas and/or engaged by a foreign employer, two matters must be settled:
what rights does the employee have?
in which forum should any eventual litigation be heard?
In resolving these points, three principal matters arise:
applicable law — that is, which legal system governs the employment contract in question?
international jurisdiction — namely, which courts and/or tribunals ought to determine the dispute?...
Employment
PRACTICE NOTES
This Practice Note summarises Directive (EU) 2020/1828 (the EU Representative Actions Directive or EU Collective Redress Directive), which provides a mechanism across all EU Member States to safeguard the collective interests of consumers. The legislation is designed to better enable collective proceedings for European consumers and obliges Member States to ensure at least one procedural route that permits qualified entities to bring representative actions not only for injunctive measures but also for effective remedies on consumers’ behalf. This covers claims for compensation for infringements of consumer rights in sectors including financial services, travel and tourism, energy, health, telecommunications and data protection, as permitted under EU or national law. The Directive took effect on 24 December 2020; Member States were required to transpose it by 25 December 2022, and the measures have applied from 25 June 2023. It repealed Directive
EU Law
PRACTICE NOTES
Aims of PSD2
The Second Payment Services Directive (PSD2) took effect in January 2016, with application from 13 January 2018. Since then, various delegated acts and regulatory technical standards have been issued and adopted. PSD2 folded in, repealed and replaced the original Payment Services Directive 2007/64/EC (PSD1). Its core objectives are to foster competition, bolster consumer protection and build a single payments market across the European Economic Area (EEA). It also captures a broader array of payment systems, with far‑reaching consequences for market participants.
Changes introduced by PSD2
PSD2 scope extended to all currencies and one-leg transactions
PSD2 widens conduct of business and transparency rules to consumer transactions with one leg in the EU—payments to or from third countries where at least one payment services provider (PSP) is in the EU. PSPs may still disapply certain information and conduct duties when serving business clients. The regime covers
EU Law
PRACTICE NOTES
For a fuller analysis of the regulation, consenting and incentivisation of the net zero energy transition under the laws of England and Wales, see also: Collinson and Hockman on Energy Law: Regulating, Consenting and Incentivising the Energy Transition. That textbook offers comprehensive treatment of the topics addressed in this Practice Note, with in‑depth discussion of the same issues.
What is the background to the CfD regime?
Contracts for Difference sit at the heart of the government’s Electricity Market Reform (EMR) programme, introduced in 2013. EMR was devised by the UK government to encourage investment in secure capacity and affordable, low‑carbon electricity generation.
The principal mechanisms enacted through the EMR reforms include:
the Contracts for Difference (CfD) regime, the focus of this Practice Note, structured as a contract that grants owners of new build low‑carbon generation projects a long‑term, stable revenue stream in respect of the
Energy
PRACTICE NOTES
Civil justice reform
See our Practice Note: Civil justice reform in Scotland—virtual hearings and electronic submission of documents for up‑to‑date guidance on the current rules and day‑to‑day practice of the Scottish civil courts in relation to remote hearings and the electronic signing, electronic transmission and lodging of documents.
This Practice Note outlines group procedure in Scottish civil litigation and carefully addresses the preliminary applications that must be sanctioned by the court before any group proceedings can properly be commenced.
It opens with a concise account of the origin and the core statutory framework governing group procedure.
It then considers the two applications requiring the court’s approval before such proceedings may start: the application to authorise the proposed representative and the application seeking permission to bring group proceedings.
For practical guidance on the conduct of group proceedings after permission has been granted, see Practice Note: Group procedure in
Dispute Resolution
PRACTICE NOTES
This practice note explains the use of witness statements by witnesses of fact in the Scottish courts, with reference to the relevant rules, guidance and case law, and offers practical drafting points. It does not deal with expert witnesses, precognition of witnesses, affidavit formalities, intimation and lodging of lists of witnesses, taking of witness evidence at a commission, citation of witnesses for proof, oral examination and cross-examination of witnesses, assessment of witness evidence, vulnerable witnesses or witness expenses. For a style witness statement, see Precedent: Witness statement—Scottish civil proceedings.
For guidance on:
issues to consider before bringing a civil claim in a Scottish court and other aspects of starting and progressing a civil claim in Scotland, see: Scottish DR: prescription and limitation—overview, Scottish DR: starting a claim—overview and Scottish DR: case management and
Dispute Resolution
PRACTICE NOTES
Civil justice reform
See our Practice Note, Civil justice reform in Scotland—virtual hearings and electronic submission of documents, for guidance on the current rules and court practice in Scotland relating to remote hearings and the electronic signing, transmission and lodging of documents.
This Practice Note is the second in a two‑part series exploring Scotland’s class actions process, termed ‘group procedure’, and focuses on how group proceedings are handled after permission is granted. It first considers the permission order made by the court, the start date of the group proceedings, and the mechanisms for joining and opting out of the group. It then addresses the conduct of defended group proceedings, covering case management, disposal, appeals and settlement. For the procedure up to the grant of permission, see Practice Note: Group procedure in Scottish civil
Dispute Resolution
PRACTICE NOTES
Introduction
It is ever more accepted that every enterprise holds and deploys some form of IP. Financiers active in markets with IP-heavy companies are paying closer attention to making sure their collateral captures the worth embodied in that IP. The legal position on taking security over IP remains unsettled, requiring lenders to navigate ambiguity. Moreover, charging IP rights can be expensive to establish and challenging to realise. A funder must begin by pinpointing and assessing the borrower’s IP. It should differentiate categories of IP, for instance rights with proprietary attributes and those arising under contracts. It should also appreciate that a firm’s IP is typically interconnected, such as a patent and the related know-how that gives the patent practical value. Finance lawyers must likewise consider the intrinsic nature of the IP and the setting from which its value derives. A central issue is how the
IP
PRACTICE NOTES
This Practice Note sets out the principal legal and practical considerations involved in deploying survey evidence and witness evidence in UK trade mark and passing off matters, in both the High Court and the UK Intellectual Property Office (IPO). It provides targeted guidance on:
factors to weigh when deciding whether a survey ought to be undertaken
selecting the survey type most suited to the circumstances
fundamental requirements to satisfy when running a survey
points to address when drafting survey questions and designing methodology
using surveys as exercises to collect witnesses and the effect of the Jackson reforms
what must be disclosed to the opposing party
formalities for expert reports supporting surveys and the expert’s role
obtaining permission to carry out a survey
use of unsolicited consumer evidence
When is a survey
IP
PRACTICE NOTES
Territorial application, scope or reach of relevant applicable or mandatory law
This Practice Note explores the territorial application, reach and scope of applicable or mandatory rules, namely, how the courts and employment tribunals decide which statutory rights (if any) attach to an employee who works overseas and/or is engaged by a foreign employer. It has been revised to reflect Brexit and the conclusion of the implementation period (IP) for the Withdrawal Agreement on IP completion day (11 pm on 31 December 2020) as it relates to this area of law. Between 1 January 2021 and the close of 2023, there was no alteration to the law affecting how UK courts approach the territorial scope of statutory employment rights, this being a domestic question. Additionally, the supremacy of EU law was, to a large extent, maintained by the European Union
Employment
PRACTICE NOTES
For detailed commentary on the regulation, consenting and incentivisation of the net zero energy transition under the laws of England and Wales, see also: Collinson and Hockman on Energy Law: Regulating, Consenting and Incentivising the Energy Transition.
The textbook supplies thorough analysis of matters addressed in this Practice Note. This Practice Note presents an outline of the law and policy concerning carbon capture usage and storage (CCUS) in the UK. It examines:
what CCUS entails and the principal categories of technologies it covers
the main drivers, barriers and risks associated with deploying CCUS
the progress of CCUS clusters within the UK
current and past government policy and legislative developments to boost CCUS deployment, including creating business models to introduce an incentive mechanism for CCUS projects
policy progress on repurposing existing oil and gas assets for CCUS projects
Energy
PRACTICE NOTES
This Practice Note
This Practice Note examines the European Market Infrastructure Regulation (EMIR), Assimilated Regulation (EU) 648/2012 (UK EMIR) as it has operated in the UK since IP completion day (11 pm on 31 December 2020) and the duties it places on pension schemes. For details on how UK EMIR departs from EMIR (EU) 648/2012 (OJ L 201, 27.7.2012, p. 1) (EU EMIR) and the circumstances in which EU EMIR applies, see Practice Note: UK EMIR—essentials. EU EMIR is the key EU instrument governing the over the counter (OTC) derivatives market. It extends to counterparties to derivatives transactions, including EU pension arrangements and common investment funds, central counterparties (CCPs) and trade repositories, although the range of obligations in EU EMIR has been introduced on a staged basis. EU EMIR took effect on 16 August 2012, with most provisions applying once the relevant
Pensions
PRACTICE NOTES
This Practice Note examines the provisions of the Civil Jurisdiction and Judgments Act 1982 (CJJA 1982) that resolve questions of international jurisdiction for employment proceedings commenced on or after 1 January 2021. For a visual summary, see: Determining jurisdiction in employment disputes (1 January 2021 onwards)—flowchart. For guidance where proceedings began on or before 31 December 2020, see:
Practice Note: International jurisdiction—allocating employment cases between national courts and tribunals pre-1 January 2021 [Archived]
Determining jurisdiction in employment disputes (to IP completion day)—flowchart [Archived]
Background
Where a common law claim is brought in the courts—such as a damages claim for breach of contract or to enforce post-termination restrictions (restrictive covenants)—jurisdiction is governed by the CJJA 1982 and the Civil Procedure Rules (CPR). These rules apply to proceedings instituted on or after 1 January 2021 and replace Retained Regulation (EU) 1215/2012, Brussels I (recast)
Employment
PRACTICE NOTES
FORTHCOMING DEVELOPMENT :
Section 10 of the Finance Act 2022 will raise the normal minimum pension age (NMPA) from 55 to 57 on 6 April 2028, with an exception for members of the firefighters, police and armed forces public service pension schemes. The Act will also permit members of registered pension schemes to access benefits before 57 where, on or before 4 November 2021, they either possessed an ‘unqualified right’ to take benefits, or were engaged in a substantive transfer to a scheme that, on or before that date, offered an unqualified right to a protected pension age below 57.
To make use of this 2028 protection, the scheme’s rules must have contained, as at 11 February 2021, an unqualified right to take entitlement to scheme benefits before age 57. For further details, see Practice Note: Increasing the normal minimum pension age (NMPA) to
Pensions
PRECEDENTS
This Agreement is entered into on [ insert date ] (the Commencement Date).
Parties
[ insert name ], [ of, or a company incorporated in [ England and Wales ] with registered number [ insert registered number ] and registered office at ] [ insert address ] (Party A); and
[ insert name ], [ of, or a company incorporated in [ England and Wales ] with registered number [ insert registered number ] and registered office at ] [ insert address ] (Party B).
(Each of Party A and Party B is a party and, together, Party A and Party B are the parties).
Background
(A) Party A is the [ registered ] proprietor of certain trade marks that cover [ describe goods/services to which Party A’s trade marks relate ] as set out in Schedule 1.
(B) Party B is the [ registered ] proprietor of certain trade marks that
IP
PRECEDENTS
IN THE COURT OF SESSION [ indicate any specialist procedure used, e.g. Commercial action ] Case reference [ insert case reference ]
in the cause OR SHERIFFDOM OF [ insert location ] At [ insert location ] Case reference [ insert case reference ]
Between
[ insert name and designation ] [ Pursuer OR Petitioner OR other ]
and
[ insert name and designation ] [ Defender OR Respondent OR other ]
WITNESS STATEMENT OF [ insert full name of witness ]
My name is [ insert name ]. [ I am [ insert age ] years of age. ] [ My address is [ insert address ]. ] [ Briefly describe the capacity in which this statement is provided, e.g. I am the Pursuer, or an employee of the Pursuer, etc ]. [HEADING] [Sub-heading]
[ Present the witness’s evidence in this and the following
Dispute Resolution
FLOWCHARTS
Within Scotland, minor offences proceed by way of a summary complaint. Summary procedure is governed under Part IX of the Criminal Procedure (Scotland) Act 1995...
Employment
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