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For trustees and managers of occupational pension schemes: Confirm that the scheme’s provisions, criteria and practices (PCPs) have been examined and reviewed to verify compliance with the non-discrimination rule. Where a PCP seems prima facie discriminatory and appears not to fit an exemption, raise with employer the question of whether an objective justification can be demonstrated. Understand how both courts and tribunals typically assess the objective justification defence in general. Do not treat generalisations or stereotyped assumptions as an adequate answer or satisfactory explanation...
This checklist presents core tax queries to raise with a joint venture counterparty. The goal is to identify the principal UK tax considerations that could arise for the remaining joint venture participant(s) and/or any joint venture vehicle, with those potential matters highlighted in the list. It is assumed that the parties are UK tax resident corporate entities and that any joint venture vehicle will also be UK tax resident. The following Practice Notes give further detail on the UK tax issues signposted in this checklist and highlighted in this checklist as follows: The tax consequences of contractual joint ventures The tax consequences of establishing a joint venture partnership The tax consequences of operating and terminating a joint venture partnership The tax consequences of establishing a joint venture company The tax consequences of operating and terminating a joint venture company The tax consequences of international joint ventures The transfer pricing and joint ventures The tax influences on choice of joint venture...
Question Answer This Checklist is for in-house lawyers. It helps you gauge how well you grasp the key finance and accounting concepts you are likely to encounter day to day, and how they apply within the business. Use it to spot knowledge gaps-both technical and business-specific-and to prioritise what to tackle next so you can contribute more effectively to commercial discussions. Assess your current confidence level honestly; this will show you where to concentrate your learning. Some questions test awareness of concepts, others explore how you have used this knowledge practically; use both to target your development. If several areas feel uncomfortable, that is common and fixable. See Practice Notes: Introduction to business finance and accounting-financial accounting and external performance and Introduction to business finance and accounting-management accounting and internal decision-making for guidance on the essentials of business finance and accounting, and why this matters for in-house lawyers. See: Improving your financial literacy-checklist for practical steps that you can take to improve your financial literacy and understanding of how...
Released on 24 April 2024, the initial review authored by Jonathan Fisher KC of Red Lion Chambers identifies where the seasoned silk thinks progress could be achieved in updating a disclosure regime designed nearly three decades ago. Fisher believes that engaging the defence and the prosecution at an earlier stage could deliver huge gains, and he expresses confidence about the potential of artificial intelligence (AI). Yet he cautions that, in sprawling, data-rich matters, no flawless answer is available. Importantly, Zoe Osborne of Steptoe International (UK) LLP observed that the exercise does not seem to press for sweeping reforms to the framework, changes that would require Parliamentary sign-off and would probably face fierce opposition. Instead, she remarked, piecemeal adjustments to what already exists are required. That, Osborne suggested, might amount to a squandered opportunity to confront the root problems and resolve them, opting instead to patch a handful of cracks in an already leaking dam at this stage...
Collins and others v Wind Energy Holding Ltd [2025] EWHC 40 (Comm) What are the practical implications of this case? The ruling reinforces the formidable threshold that section 68 challenges must clear. Section 68 functions as a longstop safeguard for cases where a tribunal has seriously mishandled the arbitration in one of the ways identified in section 68(2). Court intervention is reserved for situations that are far removed from what could reasonably be expected of the arbitral process. The judgment also reconciles section 33 duties: on one side, ensuring each party a fair chance to put its case and answer the other’s arguments; on the other, preventing unnecessary delay or expense. Whether a tribunal has discharged these obligations is a context-specific question in every matter. It is a stringent standard, triggered by exceptional departures from proper process. The inquiry is fact-sensitive and context‑dependent. Here, the court found the claimants had adequate opportunity to address issues concerning the freezing order and to obtain legal representation, yet made no genuine...
Questions & unsatisfactory answers—the European Commission publishes guidance on the importer requirements of the EU Methane Regulation On 19 November 2024, the Commission released ‘Questions and answers on importer requirements of EU Methane Regulation (EU) 2024/1787’ (the Methane Q&A). In essence, the Methane Q&A seeks—albeit inadequately—to resolve key issues that have preoccupied the energy sector since Regulation (EU) 2024/1787 of the European Parliament and of the Council of 13 June 2024 on the reduction of methane emissions in the energy sector and amending Regulation (EU) 2019/942 (the EU Methane Regulation) took effect on 4 August 2024. The EU Methane Regulation imposes extensive obligations on: operators with gas, oil or coal activities within the EU, and importers placing on the EU market natural gas, oil or coal extracted outside the EU The Methane Q&A concentrates on the latter—rules applicable to entities bringing hydrocarbons into the EU. It claims to respond to 35 questions. This piece does not attempt to catalogue every answer...
This Practice Note sets out the practical measures a tenant should take to renew its business tenancy under the Landlord and Tenant Act 1954 (LTA 1954) where the landlord does not object. It outlines how to serve a section 26 request for a new lease or respond to a landlord’s section 25 notice, the time limit for starting proceedings, agreeing extensions to that statutory limit, the required form and content of the claim, the correct court for issue, how to answer the claim, and the subsequent stages of the lease renewal process. Check LTA 1954 applies Before acting, confirm that LTA 1954 applies per s 23, namely: there is a periodic or fixed-term tenancy; the LTA 1954 does not cover, for example, a licence or a tenancy at will the tenant occupies at least part of the premises that occupation is wholly or partly for business purposes and the letting is not within a class excluded from LTA 1954 protection ...
This Practice Note examines enquiries before contract—also referred to as pre-contract enquiries, preliminary enquiries or standard enquiries—within residential conveyancing transactions. It proceeds on the basis that the parties have adopted the Law Society Conveyancing Protocol (2019) (the Protocol) and that the buyer’s conveyancer is additionally acting for a lender in line with the UK Finance Mortgage Lenders’ Handbook (the UKFML Handbook) or the Building Societies Association Mortgage Instructions (the BSA Instructions). See Practice Notes: The Law Society’s Conveyancing Protocol and Lenders' instructions—the UK Finance Mortgage Lenders' Handbook and the Building Societies Association Mortgage Instructions. Why raise enquiries? At common law, the guiding doctrine is ‘caveat emptor’—‘let the buyer beware’—so a seller has only a limited duty to disclose information about the property. It is principally for the buyer to ensure they understand what they are purchasing, including the nature of the property and any rights or liabilities that may attach to it. Accordingly, a buyer’s conveyancer raises enquiries before contract to secure information about the property...
The Divorce, Dissolution and Separation Act 2020 (DDSA 2020) The Divorce, Dissolution and Separation Act 2020 (DDSA 2020) took effect on 6 April 2022. Proceedings issued by the court on or after 6 April 2022 will be governed by the provisions of DDSA 2020 together with the related procedural alterations under the amended Family Procedure Rules 2010 (FPR 2010), SI 2010/2955. For further information, see Practice Note: Introduction to the Divorce, Dissolution and Separation Act 2020 and Amended, supplemental and further applications in proceedings issued on or after 6 April 2022 (post-DDSA 2020). By contrast, proceedings issued by the court on or before 5 April 2022 will continue to progress under the pre‑DDSA 2020 law, whether they were lodged via the digital system or submitted using paper forms. Such applications will not be affected by DDSA 2020 coming into force, nor by the consequential alterations to procedure. This document sets out the position for proceedings issued prior to 6 April 2022. Legislative changes have been implemented as a consequence...
This Agreement is entered into on [ date ] Parties [ Insert name of party ] [ of OR a company incorporated in England and Wales under number [ insert registered number ] with its registered office at ] [ insert address ] (Party 1); and [ Insert name of party ] [ of OR a company incorporated in England and Wales under number [ insert registered number ] with its registered office at ] [ insert address ] (Party 2), each of Party 1 and Party 2 being a party and, together, the parties. BACKGROUND Party 1 supplies [ insert description of goods and/or services ]. Party 2 supplies [ insert description of goods and/or services ]. The parties intend to submit a Bid as a joint tender to the Customer in answer to the Invitation to Tender. The parties seek to state their obligations and manage their rights concerning the Bid and, if the...
How to use this test These questions assess your grasp following your participation in our training on financial sanctions. Once you have finished this test, kindly please return it to [ insert name ]. General Name of person completing test: [ Insert name ] Role: [ Insert role ] Date: [ Insert date ] Multiple choice questions Please tick the correct answer. Question Multiple choice answers 1. What do financial sanctions involve? □ Limits on dealings in money and the provision of financial services □ Limits on import and export of goods □ Limits on travel into and out of the UK □ All of the above 2....
1 General information Review date [ Insert date ] Reviewer(s) [ Insert name(s) ] Scope of review ☐ Firm-wide ☐ Departmental [ insert details of department ] ☐ Fee earner [ insert details of fee earner ] Total client surveys reviewed [ Insert number ] Survey date range [ Insert date range ] 2 Data 2.1 How clients have rated our service Survey question Number of responses How easy was it to access our services? [ Insert number ] — Very good [ Insert number ] — Good [ Insert number ] — Average [ Insert number ] — Poor [ Insert number ] — Very poor [ Insert number ] — No answer given If you visited our offices, how would you score the welcome you received? ...
Response to appeal Under the Employment Appeal Rules 1993 (EAT Rules), SI 1993/2854, rule 6(2) provides that a respondent who intends to oppose an appeal must lodge with the Appeal Tribunal a written answer in accordance with, or broadly following, Form 3 contained in the Schedule to these Rules, setting out the grounds on which they rely. Nevertheless, where the respondent seeks to rely on any ground that mirrors a ground adopted by the employment tribunal when making the judgment, decision, declaration or order under appeal, it is sufficient simply to say so in the answer, and it shall be sufficient to state that fact in response. For further details, see Practice Note: Responding to an appeal...
The straightforward answer to this question is no, provided the security barrier is deemed safe for those on foot. A security barrier is generally a gate, featuring either a rising arm or a horizontal swing from a fixed hinge. Although it can be feasible for a barrier to be safe for both vehicles and pedestrians, they are commonly designed to suit only one of these two uses. A barrier intended to stop vehicles is not well suited to preventing pedestrians from passing through. Because cars and people differ markedly in scale and movement, it is usually simpler to install two different gate types. From a security standpoint, a basic vehicular gate will not exclude pedestrians. More importantly, a gate meant for vehicles can pose a significant risk to pedestrians...
This is a Q&A about whether it is necessary for dependants to apply to switch categories at the same time as their relevant points-based system (PBS) migrants. The Points Based System (Dependant) Guidance states, as a general rule, that where the principal migrant changes employer or education provider, receives a new certificate of sponsorship and applies for leave to remain to work or study with their new sponsor, their dependants are not obliged to apply for leave to remain at the same time...