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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
Most recent Flowcharts
FORTHCOMING CHANGES : Several reforms are anticipated across the leasehold and enfranchisement sphere—see Practice Note: Property key future developments tracker for further details. This Flowchart is intended for use when a tenant pursues enfranchisement or seeks a lease extension of a house under the Leasehold Reform Act 1967 ( LRA 1967). It outlines the procedure from the service of a tenant’s notice of claim, incorporating a landlord’s notice in reply, through to making applications to the First-tier Tribunal ( FTT) (or the Leasehold Valuation Tribunal ( LVT) in Wales) and/or the County Court, as appropriate, according to the issue in dispute......
Checklist This checklist outlines the principal matters to consider when preparing or assessing an outsourcing agreement. It addresses central legal, regulatory and practical questions that arise in outsourcing arrangements, while excluding sectors that carry bespoke regulatory regimes, such as health or financial services. For overarching guidance on outsourcing, consult Practice Note: Outsourcing—key terms. For discussion of negotiation points you are likely to encounter, see Practice Notes: Negotiation guide—services agreements and Negotiation guide— IT contracts. As you progress through the checklist, the third column can be used to capture observations or comments as each point is considered... Further information Notes (if any) Initial considerations What is the customer’s main reason for outsourcing? Knowing the driver—e.g. cutting costs, enhancing service quality, or obtaining a function the customer lacks the capability to deliver internally—will help. Also think about the breadth of the outsourcing, whether a service...
This outlines the steps to follow when enhancing a process within your legal department. It draws on the Define, Measure, Analyse, Improve, Control ( DMAIC) framework for continuous improvement and highlights Precedents you may employ to support you at each stage involved effectively......
FORTHCOMING CHANGES : There are proposed reforms to the leasehold and enfranchisement landscape; for more details, see further Practice Note: Property key future developments tracker. This Flowchart is for use on a tenant’s collective enfranchisement claim under the Leasehold Reform, Housing and Urban Development Act 1993 ( LRHUDA 1993). It outlines the steps from service of a tenant’s section 13 notice of claim, covering a landlord’s section 21 counter-notice and deadlines for applications to the First-tier Tribunal ( FTT) (or the Leasehold Valuation Tribunal ( LVT) in Wales), and/or the County Court as appropriate. Note 1 See Practice Note: Guide to the right to collective enfranchisement under the Leasehold, Reform Housing and Urban Development Act 1993 ( LHRUDA 1993)— Preparation for a collective enfranchisement claim. Note 2 See Practice Note: Guide to the right to collective...
Flowchart This Flowchart offers a concise reference to decide if an application for a charging order ought to be filed at the Civil National Business Centre (a CNBC case) or submitted somewhere else (a non- CNBC case). For guidance, consult Practice Note: Charging orders—how and where to apply......
Flowchart This flowchart offers a handy overview of a charging order application’s journey, from lodging the application right through to the court’s formal grant of a final charging order......
ARCHIVED: 11 pm ( GMT) on 31 December 2020 signalled the conclusion of the Brexit transition/implementation phase that followed the UK’s exit from the EU. At that moment in time (known in UK legislation as ‘ IP completion day’), the principal transitional provisions finally ceased. From IP completion day, the UK is unable to take an active role in the European Arrest Warrant ( EAW), as EAWs apply solely to Member States......
The EU has adopted ambitious goals to curb its greenhouse gas emissions steadily up to and beyond 2030, ultimately seeking to fully attain net zero emissions by the year 2050......
This flowchart supports a tenant’s bid to extend a lease under the Leasehold Reform, Housing and Urban Development Act 1993 ( LRHUDA 1993). It explains the procedure beginning with service of the tenant’s section 42 notice, then the landlord’s section 45 counter-notice, and the time limits for issuing applications to the First-tier Tribunal ( FTT) (or, in Wales, the Leasehold Valuation Tribunal ( LVT)), and/or to the County Court where required. Note 1 See Practice Note: Guide to lease extensions of flats under the Leasehold Reform, Housing and Urban Development Act 1993— Preparation for securing a lease extension......
Flowchart This Flowchart sets out the procedural steps where a claim arises under the Inheritance ( Provision for Family and Dependants) Act 1975 ( I( PFD) A 1975). For additional guidance on I( PFD) A 1975 claims, please refer to: Family provision claims—overview......
Inheritance ( Provision for Family and Dependants) Act 1975: Applicant Classes This flowchart sets out the groups of potential claimants who can seek reasonable provision from a deceased person’s estate pursuant to the Inheritance ( Provision for Family and Dependants) Act 1975 ( I( PFD) A 1975). For each applicant type, it lists the requirements to be met and identifies matters to weigh up before commencing any claim, while signposting these points and referring the practitioner to supplementary guidance, where necessary for further guidance......
A straightforward visual chart clearly depicts Scotland's civil court system in a simple form...
The flow diagram outlines when an executor might renounce probate, the effects this has on administering the estate, and which other individuals may apply for a grant instead, in their place. It also additionally covers the circumstance in which a proving sole, or sole-surviving, executor dies, and explains how the chain of representation interacts with renunciation by their own executor(s). If one of several appointed executors dies after obtaining a grant, but there remain surviving, proving executors named in that grant, those executors will carry on acting......
The following flowchart Outlines the principal stages of estate administration, beginning with initial contact from a personal representative or a relative of the deceased, proceeding to the submission for a grant of representation, and concluding with the finalisation and closure of the matter within the file itself......
Is the risk assessment overseen at the highest level in the company? To demonstrate commitment from the top to anti-bribery controls, a company officer or a member of the Board should be designated to supervise the anti-bribery and risk assessment process. See Practice Note: Anti-bribery and corruption policy. Consider: Do senior management or the Board hold ultimate responsibility for the risk assessment process? Have duties for anti-bribery and corruption been delegated; if so, to whom and on what basis? How is this recorded? Has the company allocated bribery risk assessment to employees (for example, a compliance officer) who report directly to the Board? How has the company ensured the risk assessment is fit for purpose and able to withstand scrutiny?......
This flowchart outlines what a surviving spouse or civil partner is entitled to from a deceased partner’s estate on intestacy, with the result depending on the value of the estate and whether the deceased was also survived by children or remoter issue. It also identifies the destination of the estate where there is an intestacy and no surviving spouse or civil partner, in accordance with sections 46 and 47 of the Administration of Estates Act 1925. For guidance on the operation of the statutory intestacy rules, including the statutory trusts, see Practice Note: Intestacy—summary, Intestacy—beneficial entitlement and Intestacy—beneficial entitlement— Q& As......
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......
In Scotland, minor offences are pursued via a summary complaint. The summary process is governed by Part IX of the Criminal Procedure ( Scotland) Act 1995......
In Scotland, minor offences are prosecuted by a summary complaint. The summary procedure is governed by Part IX of the Criminal Procedure ( Scotland) Act 1995......
In Scotland, minor offences are pursued via a summary complaint. The summary process is governed by Part IX of the Criminal Procedure ( Scotland) Act 1995......
Popular documents
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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