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
Interim payment process in the NEC4 Engineering and Construction contract—flowchart HGCRA 1996 applies — option Y( UK)2 selected...
Background to and scope of this flowchart An individual who conducts a regulated activity in the UK in the course of business, where no relevant exclusion or exemption applies, must be authorised under the Financial Services and Markets Act 2000 ( FSMA 2000). For details and context on the consequences of carrying on a regulated activity without authorisation, consult Practice Note: The general prohibition and implications of its breach. For an explanation of what it means to carry on business in the UK, see Practice Notes: What does 'by way of business' mean? and Territorial scope of the general prohibition. For guidance on exemptions and exclusions that may apply in particular circumstances, refer to Practice Notes: Regulated activities—exempt persons and Exclusions and exemptions relating to the general prohibition—an introduction......
This Flowchart This flowchart outlines a process covering key actions and considerations for carrying out an appropriate level of client due diligence ( CDD). Use it as a reference each time you take on a new client or begin a new matter......
Where a real burden dates from before 28 November 2004, then determine whether it is a feudal real burden and, if so, whether it remained effective after abolition of the feudal system in Scotland by section 73 of the Abolition of Feudal Tenure etc ( Scotland) Act 2000 ( AFT( S) A 2000)......
Risk management lifecycle flowchart This risk management lifecycle flowchart outlines a method to identify, evaluate, and handle risks across your organisation......
This Flowchart sets out the National Crime Agency ( NCA) glossary codes most frequently used when completing a Suspicious Activity Report ( SAR) via the SAR Portal, together with the additional reporting avenues you ought to consider and assess. The complete list of SAR Glossary Codes appears in SAR Glossary Codes and Reporting Routes for reference. Note 1 SARs regime The SARs regime is not a vehicle for reporting crimes or issues involving immediate danger to others. It exists to enable disclosures of knowledge or suspicion of money laundering or terrorist financing strictly under the Proceeds of Crime Act 2002 ( POCA 2002) and the Terrorism Act 2000 ( TA 2000). Alongside sending a SAR to the NCA, you may therefore need to notify the matter by alternative routes, eg if an offence is underway or there is an immediate risk to a person. We have...
This flowchart outlines how interim payments work under the JCT Intermediate Building Contract 2024 and 2016, with or without contractor’s design...
This flow diagram explains the final payment process under JCT Design and Build Contract 2016; also see Practice Note: JCT contracts—price and payment......
ARCHIVED: This archived chart presents a proposed schedule covering the employment elements of a business reorganisation and is intended for circulation to a client. It describes, on a daily timeline, the actions the employer should take, starting with preparation and moving to initial announcements, followed by the information and consultation stages (both collective and individual), and finishing with overall closure of the process, for example a TUPE transfer......
This flowchart outlines the interim payment route for the JCT Standard Building Contract 2024 and 2016 ( With Quantities, Without Quantities, and With Approximate Quantities). Consult the Practice Note: JCT contracts—price and payment......
This diagram sets out how interim payments operate under the JCT Design and Build Contract 2016. See Practice Note: JCT contracts—price and payment......
FORTHCOMING CHANGE: On 26 November 2025, as part of Budget 2025, it was confirmed that, with effect from 6 April 2026, the EMI gross assets ceiling will be increased from £30 million to £120 million, the maximum number of full-time equivalent employees will rise from 250 to 500, and the overall aggregate cap on the value of unexercised EMI options that a company or group may have in existence at any given time will be lifted from £3 million to £6 million......
This flowchart sets out the principal taxes relevant to UK residential property arrangements for UK resident and domiciled individuals, and should be read alongside the Practice Note: UK residential property ownership structures for UK resident and domiciled individuals—taxation outline......
This Flowchart This flowchart shows how UK residence is assessed under the ‘sufficient ties’ test. Please also consult the Statutory residence test and residence flowchart (automatic tests), as well as the Statutory residence test—‘home’ flowchart......
Flowchart This flowchart sets out the way in which UK non-residence or residence is established—firstly by applying the automatic overseas test, and secondly by considering the automatic UK test. Please also see the Statutory residence test and residence flowchart (sufficient ties), as well as the Statutory residence test ‘home’ flowchart......
This Flowchart This diagram is designed to help you assess whether you meet UK residence under the second automatic residence test—the 'home' test—for a tax year hereinafter referred to as 'year X'......
This Flowchart It outlines the competent authorities tasked with implementing UN and UK sanctions pursuant to the Sanctions and Anti- Money Laundering Act 2018 ( SAMLA 2018) within the United Kingdom jurisdiction......
This Checklist is applicable for the sale and purchase of a vessel by a company when acting for a corporate buyer and where the ship will be registered in the UK When representing the buyer, the priority is to confirm that the seller’s papers are adequate to deliver good title, secure the vessel’s permanent registration in the UK, and demonstrate that both parties possess the requisite power and authority to conclude the transaction... Request a Transcript of Registry from the UK Ship Register to verify the current registered owner and identify the existing security position affecting the vessel. A fee is payable for this (and several of the other documents noted below), with a full schedule available on the UK Ship Register website. Make the request promptly on receipt of instructions and repeat the search on the closing date... Confirm that any class...
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 ]...