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This Practice Note sets out a high-level guide to Regulation (EU) 2022/1925, the EU Digital Markets Act (DMA), viewed from an Irish standpoint. It addresses the DMA’s effects on the Irish marketplace, outlines the suite of rules the DMA introduces, explains how gatekeepers are designated, and describes the European Commission’s enforcement toolkit under the regime. It also considers worldwide compliance expectations, the forthcoming steps towards rolling out the DMA, and the key dates for meeting the obligations it imposes. The Digital Markets Act On 15 December 2020, the European Commission (the Commission) unveiled proposals for two EU-wide measures to govern digital services-the Digital Services Act and the Digital Markets Act. On 27 October 2022, the Commission completed adoption of the DMA by publishing its text in the EU Official Journal, triggering a six‑month transition period before the DMA became enforceable on 2 May 2023. The DMA aims to
This Practice Note This Practice Note explores the principal procedural steps for bringing a statutory derivative claim under sections 260–264 of the Companies Act 2006 (CA 2006), covering the permission application and the test the court will apply. It offers guidance on construing and applying the relevant CPR provisions. Depending on the court dealing with your matter, you should also be alert to any additional requirements—see Court-specific guidance below. Practitioners should note that, with effect from 6 April 2023, the CPR provisions concerning derivative claims were amended. In particular, CPR 19 was updated and CPR PD 19C was amended and re-designated as CPR PD 19A. These changes did not materially alter the substance of the approach to derivative claims, but the numbering of the pertinent provisions was changed. Judgments issued before 6 April 2023 may therefore refer to the previous provisions and
This Practice Note offers practical direction on the relevance and distinctions of the like product in trade remedy inquiries. It sets out the reasons for identifying like products in anti-dumping, subsidy and safeguard inquiries. The note explains how the concept of like product guides the scope of an inquiry, the definition of the domestic industry and the assessment of injury. Introduction Trade remedy inquiries may vary in the subject under examination. Anti-dumping inquiries consider whether a product is sold in the export market for less than it is sold in the exporter’s home market. Countervailing inquiries consider whether the imported product benefits from a subsidy granted by the exporting Member State. Safeguard inquiries, in turn, consider whether goods are entering in suddenly increased quantities due to unforeseen circumstances. In all three types of trade remedy inquiry, it is crucial to specify what the imported product is. In
Duty to act personally As a matter of principle, the basic rule is that a trustee must act in person because the settlor personally selected that individual for their specific skill or insight into the beneficiaries, and their affairs. The Trustee Delegation Act 1999 (TDA 1999) allows trustees, in defined situations, to delegate on an individual basis. The Trustee Act 2000 (TrA 2000) outlines the trustees’ default powers of collective delegation where the trust deed does not confer broader express powers. In essence, trustees may pass on most administrative tasks, but not dispositive powers. Agents, nominees and custodians Under the TrA 2000, the management of trust assets may now be entrusted to others, and trustees can appoint specified persons to serve as nominees for the trust. Collective delegation TrA 2000, Pt IV (ss 11–27) provides for trustees to delegate administrative powers and discretions. This operates subject to any
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This Practice Note distils the Solicitors Regulation Authority’s guidance and examples on what might constitute acceptable or prohibited referral arrangements in personal injury matters. Although published under the 2011 SRA regime, that guidance appears to apply equally under the SRA 2019 regime. What is prohibited? To breach the personal injury ( PI) referral fee ban, the following elements must all arise: you receive a referral it concerns a PI or ancillary claim you pay a banned referral fee, meaning payment for the referral itself, not as remuneration for supplying services or for some other purpose For further guidance, see Practice Notes: Personal injury referral fee—the statutory regime; and Personal injury referral arrangements— SRA requirements— What does the SRA prohibit?......
This flowchart shows how to handle a data protection incident (including a cyber security incident) in line with the UK General Data Protection Regulation ( UK GDPR). It mirrors the UK GDPR’s rules on reporting and recording personal data breaches, alongside the Information Commissioner’s Office ( ICO) guidance on breach management. It charts the end-to-end breach lifecycle, offering direction and links to the relevant precedents for each step of the process. See Precedents: Personal data breach plan, Data breach report form—internal and Data breach assessment and action plan, which steer you through every stage of this workflow. Note 1—assemble data breach team The initial action is to bring together your data breach team. Decide who in the organisation is best positioned to respond promptly to the incident and who should support the ensuing enquiry. This typically calls for contributions from specialists across the...
Payment procedure within the NEC3 Engineering and Construction Contract ( ECC) —workflow HGCRA 1996 governs — option Y( UK)2 chosen...
For more details, see Practice Note: Reporting on payment practices and perforrmance...
This diagram depicts a standard, payer-driven payment procedure within a building contract between an employer and contractor...
Flowchart This Flowchart outlines a UK patent infringement claim, with cross-references to pertinent Practice Notes, Precedents and court forms for practitioner reference and use. Stage one addresses drafting the claim and pre-action steps. Stage two concerns the letter before action asserting infringement. Stage three deals with issuing proceedings. Stage four tackles case management and allocation. Stage five relates to disclosure and the factual and expert evidence. Stage six covers preparing for trial and the trial itself, and stage seven addresses post-trial issues. The Flowchart applies to cases pursued within the Business and Property Courts’ Intellectual Property List, including the Intellectual Property Enterprise Court......
This Flowchart has been archived and is not maintained. Please be aware the patent box computation was revised for fresh claims from July 2016 to align with the framework for preferential intellectual property regimes established under the OECD BEPS project......
Passing off action Passing off is a common law claim commonly employed to safeguard unregistered trade mark rights throughout the United Kingdom...
This flowchart outlines the prerequisites that need to be met to prove a misfeasance claim...
Flowchart No medicinal product can be placed on the market unless regulatory approval has been granted in advance. The Flowchart explains the steps to secure an approval—termed a marketing authorisation ( MA)—through the mutual recognition procedure ( MRP)......
Medicinal products cannot be marketed without prior approval in place. This Flowchart sets out the steps and requirements to obtain approval, referred to as a marketing authorisation ( MA), through the EU decentralised route. The decentralised pathway allows marketing authorisations for medicinal products to be granted concurrently across EU Member States in parallel and simultaneously......
Mandatory Disclosure Rules ( MDR) for Common Reporting Standard ( CRS) Avoidance Arrangements and Offshore Structures In March 2018, the Organisation for Economic Co-operation and Development ( OECD) issued the model Mandatory Disclosure Rules ( MDR) for Common Reporting Standard ( CRS) avoidance arrangements and offshore structures, intended to encourage country by country consistency in applying disclosure and transparency so as to combat aggressive tax planning on a global scale......
View or print a full size PDF version: This flowchart outlines the key stages a standard company follows to identify persons with significant control ( PSCs) or relevant legal entities ( RLEs), enabling necessary updates to the company’s PSC register and the submission of particulars to the Registrar of Companies for the central register......
The Landlord and Tenant Act 1987 ( LTA 1987), Part I Under the Landlord and Tenant Act 1987 ( LTA 1987), Part I, qualifying tenants of flats have a right of pre-emption (the right of first refusal), enabling them to acquire their landlord’s interest when the landlord intends to dispose of it. A landlord may not make a relevant disposal without first serving notice on the qualifying tenants, and if, having confirmed the tenants do not wish to exercise that right on the stated terms, any allowed disposal must not proceed on terms more favourable than those originally offered to the tenants. Should the tenants accept the landlord’s offer, a statutory process then governs completion of the disposal. Click here to download a PDF version of the flowchart:......
Under the Landlord and Tenant Act 1954 ( LTA 1954), a business lease carries on automatically after the end of the contractual term if the tenant remains in occupation for business purposes. Either party can bring those statutory rights to an end by serving one of the prescribed termination notices. This flowchart explains the steps for an unopposed business lease renewal under the LTA 1954. For the procedure where renewal is opposed, see: LTA 1954 opposed lease renewal procedure—flowchart. For further detail on LTA 1954 security of tenure and the court process, consult Practice Notes: LTA 1954 business lease renewal—proceedings and LTA 1954 business lease renewal—termination. Note 1 Diarise a date at least 12–18 months before the contractual expiry of the existing lease. See Practice Note: LTA 1954 business lease...
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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 ]...
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