Walker Morris
8 Experts
1 Contributions by Walker Morris
PRACTICE NOTES
ARCHIVED: This Practice Note is archived and not maintained
This Practice Note offers background reading on concessions contracts procurement as it operated before the Concession Contracts Regulations 2016 (SI 2016/273) took effect on 18 April 2016, implementing Directive 2014/23/EU and establishing a new regime for procuring works concessions and service concessions. It describes the law as it stood before 18 April 2016 and is not maintained; it is provided for background information only. For the current regime, see Practice Note: Introduction to concession contracts procurement.
What is a concession contract?
A concession contract is an arrangement between a contracting authority and suppliers (typically private companies) under which suppliers are granted the right to exploit works or services for their own commercial benefit. In concession contracts, suppliers are paid either solely through third-party sources—usually users of the service, i.e. the general public—or partly by the
Public Law
11 Contributions by Walker Morris Experts
PRACTICE NOTES
Practice Note
The UK charities landscape is substantial, with varied pension arrangements across organisations. Many charities now contend with financial strain driven by multiple influences, including:
rising operating expenses
falling levels of giving
weaker than expected investment returns
Local authorities are increasingly outsourcing elements of their services to the private and third sectors—frequently housing, elderly care and youth provision. Charities and other not for profit bodies often assume these roles; in this note, references to a ‘charity’ also encompass a ‘not for profit organisation’.
Any charity entering into a local authority contract must recognise the pensions consequences. A notable illustration came in September 2015, when it was reported that the Multiple Sclerosis Society planned to sell a support centre to meet costs arising from participation in the Local Government Pension Scheme.
This Practice Note outlines the specific pension
Restructuring & Insolvency
PRACTICE NOTES
What is the Payment Accounts Directive and what are the key protections it offers consumers?
The Payment Accounts Directive (PAD) is designed to improve transparency and comparability for consumers in relation to payment accounts. In particular, the PAD:
helps consumers compare charges applied by banks and other providers across the European Union (EU)
makes it simpler for consumers to switch payment accounts
gives all EU consumers the right to open a payment account that enables essential activities such as receiving wages and paying bills
This Practice Note explains the background and provides an overview of the PAD’s provisions, together with the technical standards and guidelines issued under it. It should be read alongside Practice Note: UK payment accounts requirements—essentials, which outlines the UK implementation of the PAD through the Payment Accounts Regulations 2015, SI 2015/2038 (PARs 2015). It also examines UK
EU Law
PRACTICE NOTES
This Practice Note outlines consumer credit law following the shift of regulatory supervision to the Financial Conduct Authority (FCA). It considers key changes affecting insolvency practitioners (IPs). For further reading on consumer credit agreements, see Practice Notes: Regulated activities relating to consumer credit and The FCA consumer credit regime: an overview of rules on arrears, default and recovery...
Regulatory oversight
From 1 April 2014, oversight of consumer credit moved from the Office of Fair Trading (OFT) to the FCA. As part of this transition, the OFT licensing scheme under the Consumer Credit Act 1974 (CCA 1974) was replaced by the FCA’s authorisation regime under Part IV(A) of the Financial Services and Markets Act 2000 (FSMA 2000)...
If a firm had:
a consumer credit licence on 31 March 2014; and
applied before 1 April 2014 for interim permission under FSMA 2000 and paid the fee
it
Restructuring & Insolvency
PRACTICE NOTES
ARCHIVED: This Practice Note is archived and is no longer maintained.
The Homelessness Reduction Act 2017 (Commencement and Transitional and Savings Provisions) Regulations 2018, SI 2018/167, were made on 8 February 2018, and the Homelessness Reduction Act 2017 (HRA 2017) took legal effect in its entirety on 3 April 2018.
This introduced a major statutory shift to the obligations of local housing authorities in England under the Housing Act 1996, aligning the position more closely with that operating in Wales then.
This Practice Note stays pertinent only to applications submitted before 3 April 2018.
For information on the principal housing duties for applications after 3 April 2018 in England, see Practice Note Homelessness—assisting the homeless post-3 April 2018.
This Practice Note reflects law prior to 3 April 2018 and is not maintained now.
Homelessness duties in England and Wales
This Practice Note outlines clearly the principal
Local Government
PRACTICE NOTES
This Practice Note explains the types of intellectual property (IP) rights which a business might own, including trade marks, designs, copyright, databases, and patented or patentable technology.
This introductory guide supports businesses as they review IP portfolios, run audits, or decide which protections to secure for their assets. IP rights are valuable assets that are critical to many businesses’ success, yet often go unrecognised. Many do not realise the breadth of rights they hold or the advantages they offer. Ensuring this IP is captured and utilised is essential. Below are the principal IP rights with details of assets a business may own.
Registered trade marks: registered trade marks and pending trade mark applications.
Unregistered trade marks: unregistered business and trading names; product or service names in use; plus product shapes, packaging and slogans.
Design rights (registered or
IP
PRACTICE NOTES
This Practice Note explores the range of cancellation and withdrawal entitlements that apply to credit agreements and consumer hire arrangements governed by the Consumer Credit Act 1974 (CCA 1974). It proceeds on the basis that such agreements are not secured on land and are not used to fund the purchase of land. This Practice Note should be read alongside Practice Note: Right of withdrawal from a credit agreement.
Three categories of agreements
This Practice Note addresses three principal types of agreement:
a regulated credit agreement where the credit advanced is £60,260 or less (a threshold introduced through the UK’s implementation of the Consumer Credit Directive (Directive 2008/48/EC) (CCD) in 2011)
a regulated credit agreement where the credit exceeds £60,260, and
a regulated consumer hire agreement
The various cancellation or withdrawal rights
For these categories, an agreement may attract a withdrawal or
Financial Services
PRACTICE NOTES
Practice Note
This Practice Note examines the intellectual property issues tied to creating new and emerging technology, offers practical guidance for parties collaborating, and outlines key points for safeguarding and enforcing their IP. IP in new technology is a valuable business asset and, as with any asset a company owns, it should be secured. A range of IP rights exist in the UK, including, but not limited to:
trade marks
design rights
copyright
patents
Ultimately, the appropriate IP and level of protection depend on the technology’s characteristics. For further detail, see Practice Note: What IP assets a business may own and how best to protect them. The World Intellectual Property Organisation has also produced a diagnostics tool to help businesses identify their IP assets and decide how to protect, manage and leverage them. New technology is no different, as it
IP
PRECEDENTS
Applicant(s): [ enter initials and family name ]: [ state ordinal of witness statement, e.g. 1st ] Exhibit: [ describe the exhibit ]: Date: [ give date of witness statement ] CASE NO: [ provide case number ]
[ IN THE HIGH COURT OF JUSTICE BUSINESS AND PROPERTY COURTS OF ENGLAND AND WALES INSOLVENCY AND COMPANIES LIST (ChD) OR IN THE HIGH COURT OF JUSTICE BUSINESS AND PROPERTY COURTS IN [ enter location ] INSOLVENCY AND COMPANIES LIST (ChD) OR IN THE COUNTY COURT AT [ enter location ] BUSINESS AND PROPERTY WORK ]
IN THE MATTER OF [ enter company’s name ] AND IN THE MATTER OF THE INSOLVENCY ACT 1986 BETWEEN [ enter name(s) of the Applicant(s) ] Applicant(s) AND [ enter name(s) of the Respondent(s) ] Respondent(s)
[ SPECIFY NUMBER ] Witness statement of [ enter name of
Restructuring & Insolvency
PRECEDENTS
Application notice in insolvency proceedings (corporate)
INSOLVENCY ACT APPLICATION NOTICE
Use with an application notice compliant with the Insolvency (England and Wales) Rules 2016, SI 2016/1024—see Form IAA, IR 2016 r1.35 VAR...
Case No: [insert]. Court: [identify court or hearing centre as per heading]. In the matter of [company] and the Insolvency Act 1986. Between [Applicant(s)] and [Respondent(s)]...
Made under section 127 Insolvency Act 1986. Applicant(s): [names/addresses]. Respondent(s): [names/addresses]. Concerns: [company details]. Heard by [level of judge] at [court/hearing centre]. Within existing insolvency proceedings? YES/NO. Court reference: [insert]...
Declaration that [the disposition(s), e.g. payment(s) in Schedule A] [is/are] void under section 127...
Restoration: (i) repayment of the Schedule A sum(s) and/or such sum(s) as the court thinks fit; (ii) interest under section 35A Senior Courts Act 1981 at such rate and for such period as the court sees fit...
Costs of and
Restructuring & Insolvency
Q&As
Key legal issues for guarantees
Guarantees constitute contracts and must accordingly meet the four essential elements of a contract, namely:
offer
acceptance
consideration
the intention to create legal relations
As a rule in law, consideration given in the past is ordinarily insufficient. A firm ought not to take a guarantee once it has already agreed to supply services to a client in question. The guarantee must also comply fully with s.4 of the Statute of Frauds 1677. It must thus be recorded in writing and properly signed by the guarantor as required. The Firm should also be alert to potential claims of misrepresentation, duress, and undue influence. It is sound practice to see that the guarantor receives independent legal advice on the implications of giving the guarantee.
Is the guarantee a regulated credit agreement?
Where undertaken by way of business in the United Kingdom, entering into a regulated credit
Practice Compliance
Q&As
What is the regulatory regime under the Financial Services and Markets Act 2000 (FSMA 2000)
Under section 19 of the Financial Services and Markets Act 2000, the general prohibition applies: a person must not carry on a regulated activity in the UK, or even purport to do so, unless they are within one of the permitted categories below.
An authorised person (that is, authorised by the Prudential Regulation Authority and/or the Financial Conduct Authority)
An exempt person (for example, an appointed representative)
For an outline of the UK regime governing regulated activities, see Practice Note: What are regulated activities? An activity is regulated if it is of a ‘specified kind’—as listed in the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001 (RAO 2001), SI 2001/544—and it is carried on by way of business.
For further detail on what amounts to carrying on a
Financial Services
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