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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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Introduction This flowchart explains the process for Variations within the JCT Standard Building Contracts 2024, and Changes under the JCT Design and Build Contract 2024. Clause 5.1 defines Variations (and Changes in the JCT Design and Build form). For further guidance on Variations in the JCT Standard Building Contract 2024 and Changes in the JCT Design and Build Contract 2024, consult Practice Note: JCT contracts—variations. Click here to access a printable pdf version of this flowchart now......
This Flowchart summarises the principal stages that commonly apply to information technology ( IT) procurement...
The following chart provides a concise outline of the principal information and the questions to weigh when determining whether something amounts to inside information for the purposes of Article 7 of Regulation ( EU) 596/2014 (the EU Market Abuse Regulation) and Assimilated Regulation ( EU) 596/2014 (the UK Market Abuse Regulation). For fuller detail, consult Practice Note: Market Abuse Regulation ( MAR)—essentials— Definition of inside information......
Before assessing whether certain aspects of the income tax and National Insurance contributions ( NICs) regimes apply, and if an alternative tax treatment can be chosen, it is vital first to identify the existence of a restricted security in the first instance......
The National Security and Investment Act 2021 A deal may fall within the ambit of the National Security and Investment Act 2021 ( NSI Act 2021) and might require notification to the UK Government if it gives rise to potential national security issues. See further: The National Security and Investment Act 2021. This flowchart sets out a decision pathway to assess whether a transaction is captured by the NSI Act 2021. View or print a full-size PDF version......
This Flowchart Sets out the matters to evaluate when selecting a route for ending a commercial contract. It explains termination rights at common law for repudiatory breach and termination rights arising under the contract, covering breach-based grounds and no-fault mechanisms. Remember that the right to end a contract may exist at common law (for example, in cases of repudiatory breach) and also under the agreement’s express terms as expressly set out therein......
Introduction This Flowchart sets out the procedure for securing the court’s approval of a settlement in a child’s case. It steers practitioners from the point of a proposed agreement to the approval hearing, covering when to commence proceedings, the paperwork needed for approval, how to address future losses and periodical payments, and how the court evaluates if the compromise is fair and reasonable......
Contributory negligence When the defendant holds primary responsibility for the incident, they may assert that the other party contributed to it. The matters to assess are: which parties were to blame for the incident, and to what extent? in what proportion should damages be allocated, having regard to the comparative responsibilities of those at fault?......
Exempt period timeline This flowchart presents a typical timeline, setting out clearly and specifically: the conditions that must be met, and the point in time, or the span of time, over which they must be met in order for the exempt period exemption to apply This timeline does not cover the following: exempt periods that are: extended by notice to HMRC, or treated as exempt periods under the transitional rules the anti-avoidance provisions For full details of the conditions, the possible extensions, and the anti-avoidance rules, see Practice Note: CFC rules—entity level exemptions: exempt period. Exempt period timeline For a PDF version of the timeline, see below......
Business continuity plan ( BCP) flowchart Use this Business continuity plan ( BCP) flowchart to guide your way through our BCP Precedents. It is attached to Precedent: Business continuity plan— BCP. The schematic beneath outlines the principal steps for creating a business continuity plan......
This Flowchart sets out the conditions that must be satisfied for a floating charge to be avoided. This flowchart outlines the criteria that must be met to have a floating charge set aside successfully......
This flowchart relates to losses incurred before 1 April 2017 that are set against profits arising in those relevant accounting periods that commence before 1 April 2017......
Producing a professional, engaging and accurate proposal document is essential if you wish to have any prospect of winning business. This flowchart outlines 10 crucial steps that you should follow when drafting a proposal......
This Flowchart sets out the principal stages and factors for determining whether a party can properly rely upon contractual force majeure ( FM) clauses in the context of an ongoing conflict or war. For further, more comprehensive guidance on each of these factors as they apply to FM affecting energy sector contracts, see: War and force majeure in the energy sector—checklist......
Procurement process flowchart This Procurement process flowchart outlines the sequence a procurement might follow and highlights the factors to weigh and the considerations involved to maintain a transparent and appropriate procedure. It further points to the Precedents on hand to support you through the procurement steps. This Flowchart serves as a worked illustration and is not meant to be exhaustive. While organisations may adopt quite varied approaches, it offers a useful baseline or point of reference. Any contract value amounts shown here are for demonstration purposes only......
From 12 January 2023, the EU’s Foreign Subsidies Regulation for the internal market ( FSR) officially then took effect...
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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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