Authority Direction meaning

This Checklist sets out the principal jurisdictional aspects of the UK merger control regime and provides practical direction for assessing whether to voluntarily notify a transaction to the Competition and Markets Authority (CMA), or alternatively, whether a tactical decision might be to proceed without notification in the hope of ‘flying under the radar’. Characteristics of the UK merger control system The merger control system of the UK diverges from most other jurisdictions in a number of respects: the UK’s merger control regime is voluntary by virtue of its non-suspensory nature...

In this issue: Court of Protection UK taxes for Private Client HMRC Manuals updates Family businesses and ownership structures Insolvency—Private Client Digital assets and cryptoassets Contentious trusts and estates Pensions, insurance and tax-efficient investments Scotland, Wales and Northern Ireland Question of the week Additional Private Client updates Daily and weekly news alerts LexTalk®Private Client: a Lexis®PSL community New and updated content Dates for your diary Trackers Latest Q&As Useful information Court of Protection Court of Protection proposes travel guidance for cases with a risk of future forced marriage (Luton Borough Council v G) The Court of Protection sanctioned a six-month interim forced marriage protection order (FMPO) concerning AG and exercised the inherent jurisdiction to govern AG’s contact with her parents. This followed material showing parental control and coercion, the prospect of AG travelling abroad for ‘a wedding’, and indications that, if parental contact matched her...

The Society of Pension Professionals (SPP) The Society of Pension Professionals (SPP) stated on 26 February 2024 that the so‑called advice guidance boundary review, initiated by the Financial Conduct Authority (FCA), represents a move in the right direction. The financial watchdog and the government say an advice gap bars people with smaller pots from seeking cost‑effective help. In an August 2023 consultation, the FCA flagged worries that too few adults obtain financial advice and that pension providers shy away from offering any sort of guidance to members. It has proposed three possible remedies which, it says, could enable a larger share of savers to gain from broader, more general guidance across the pensions landscape today...

Sucafina NA Inc v Green Coffee Company Holdings LLC Case No 1:2025cv05752 What are the practical implications of the case? While arbitration is rooted in party consent, courts have acknowledged limited scenarios in which a non-signatory can nevertheless be bound. This ruling offers guidance on that issue and practical direction for parent companies seeking to avoid arbitration without a signature. The court accepted GCC’s broader contention that corporate affiliation alone does not establish an agency relationship between parent and subsidiary. Yet it determined that the record showed affirmative signals by GCC sufficient to create a reasonable belief, on Sucafina’s side, that Agrosura acted with GCC’s authority. In particular, the court noted that: Negotiations proceeded via GCC-branded communication channels; The contractual documents were expressly contingent on GCC’s confirmation; and Sucafina received financial information pertaining to both entities. Taken together, these indicators delineate the practical line between acceptable group oversight and conduct that, for non-signatory analysis, may serve as an attributional basis to...

Resource Note This Resource Note signposts key commentary, analysis and materials to aid interpretation and offer practical direction on using Chapter 2 of the Disclosure Guidance and Transparency Rules (DTR 2). Where relevant, it draws on: the Financial Conduct Authority (FCA) Handbook FCA Knowledge Base—Procedural and Technical notes (formal guidance binding on the FCA) FCA consultation and discussion papers, policy and feedback statements, and warnings Primary Market Bulletins and other FCA publications legacy UKLA technical and procedural notes and the UKLA’s newsletter List!, where still pertinent assimilated EU legislation EU Directives and EU Regulations, where helpful to construing a provision Lexis+® UK analysis and resources Setting the scene What it covers: DTR 2 prescribes the framework for issuers to disclose and manage inside information, supporting timely and even-handed release of market-sensitive information. It also identifies specific situations permitting a delay to public disclosure of inside information, together with the safeguards required to keep such information...

The Pensions Regulator (the Regulator) The Regulator is an arm’s-length public body set up under the Pensions Act 2004 (PeA 2004). Its authority to impose contribution notices and financial support directions appears in PeA 2004, ss 38–50. Although the Act does not use the label, these provisions are widely known as the Regulator’s ‘moral hazard’ powers. Their purpose is to counter the ‘moral hazard’ arising from the Pension Protection Fund (PPF): the possibility that corporate groups might organise their structures so as to heighten exposure within their pension schemes, comfortable that the PPF would intervene if the employer entered insolvency. The principal moral hazard tools—and the only ones exercised so far—are the power to issue a contribution notice (CN) and the power to issue a financial support direction (FSD). A CN compels the recipient to pay a specified amount into a defined benefit occupational pension scheme. A CN can be issued where the criteria in PeA 2004, s 38 are satisfied. These mechanisms exist to deter behaviour that would...

This Practice Note looks at the tasks of pinpointing and interviewing potential witnesses, working with them on their witness statements, and supporting them to give evidence in court. For direction on preparing trial witness statements in the Business and Property Courts, see Practice Note: Trial witness statements in the Business and Property Courts under CPR PD 57AC. It should also be read alongside Practice Note: Courts’ power to manage factual evidence, which explains the courts’ authority to control factual evidence under CPR 32.1 and CPR 32.2(3). Choosing witnesses Witness testimony at trial can be decisive for the success or failure of a claim or the defence of it. This Practice Note outlines how to collaborate effectively with a witness when preparing such evidence. Importance of planning witness evidence In claims that turn mainly on facts, outcome may hinge on whether a particular witness is regarded as credible by the court. Securing witness evidence should be considered at a very early point in the proceedings...

Definitions (General) Competent Authority • any body with jurisdiction in respect of the Property, or its occupation or use; Restricted Period • any span [ exceeding [ number ] [ continuous ] weeks ] within the Term during which a Pandemic Restriction is in force; Pandemic Restriction • any Legislation, or any direction of, or guidance issued by, a Competent Authority which: (a) derives from [ COVID-19 or the occurrence of any other OR any ] national or local pandemic disease; and (b) bans, impedes or limits: (i) the Tenant from [ fully ] [ trading at the Property OR using [ more than [ number ]% (measured by floor area) of ] the Property for the Permitted Use ]; [ and OR or ] (ii) more than [ number ] per cent of the [ other OR following ] tenants in the Centre from trading [ , namely [ identify relevant tenants ] ] . 1 Qualification to keep open covenant...

This Precedent is a Draft Letter of Request as required by CPR 34.13. This Precedent mirrors the form contained in Annex A to Practice Direction 34 A. It is intended for use when seeking evidence from a contracting or non contracting state under the Hague Evidence Convention. Addressed to the Competent Judicial Authority of [ name of court ] in [ country ]: I, [ name ], Senior Master of the King’s Bench Division of the Senior Courts of England and Wales, respectfully seek the assistance of your court in relation to the matters set out below...

1 Definitions and interpretation 1.1 In this Agreement: Affiliate — refers to any entity that, whether directly or indirectly, exercises Control over, is subject to Control by, or shares common Control with another entity; Business Day — denotes any day that is not a Saturday, Sunday, or a bank or public holiday in England; Control — [ has the meaning given in section 1124 of the Corporation Tax Act 2010 OR signifies the beneficial ownership of over 50% of a company’s issued share capital, or the lawful authority to direct or cause the direction of the company’s management ] and Controls and Controlled shall be construed accordingly; Dispute Notice — bears the meaning set out in clause 2.2; Force Majeure — bears the meaning set out in clause 6.1; [ Insert definitions bespoke to Agreement ] 1.2 In this Agreement: a reference to this Agreement comprises its schedules, [ appendices and annexes ] (if any);...