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In this issue: UK, EU and international regulators and bodies Authorisation, approval and supervision Prudential requirements Financial crime and sanctions Conduct requirements Investigations, enforcement and discipline Regulation of capital markets Regulation of derivatives Sustainable finance and ESG Banks and mutuals MiFID II Consumer credit, mortgage and home finance Regulation of insurance Payment services and systems EEA Agreement Annex IX (Financial Services) Financial Services Enforcement Database Daily and weekly news alerts Intraday news alerts New and updated content Key dates for financial services practitioners UK, EU and international regulators and bodies HoL committee calls for ‘Office for Regulatory Performance’. The House of Lords Industry and Regulators Committee has issued a report on how UK regulators perform, their independence and accountability. It says government should establish a new independent statutory body—the ‘Office for Regulatory Performance’—to advise and assist Parliament and its committees so regulators are scrutinised...
Antitrust The application has appeared in Case C-780/25 Desch-Drexler II, a national reference from Austria seeking clarification as to whether, amongst other things, domestic fixed book price regimes—covering limits on discounts and advertising—are consistent with EU competition law, in particular Article 101 TFEU, where such regimes may in effect impose or bolster price alignment amongst market participants—see further, application NOTE—For details of all live national references before the Court of Justice, see also, Court of Justice national references—ongoing cases...
In this issue: EU fundamentals Commercial Competition and state aid Corporate Data protection and cybersecurity Free movement, immigration and employment Financial services Environment Insurance and reinsurance IP Life sciences TMT International trade Daily and weekly news alerts Trackers New and updated content EU fundamentals European Parliament to quiz new European Commission nominees from 4–12 November 2024 MLex: The European Parliament has confirmed that, from 4 to 12 November 2024, lawmakers will grill nominees for the European Commission’s top posts for the coming five years. An initial vetting will verify Commissioner-designates have no conflicts of interest, before committee hearings determine whether candidates are suitable for the role. The new Commission requires the Parliament’s endorsement to commence its mandate, and some contenders could be pressed to step down during the proceedings. See News Analysis: European Parliament to quiz new European Commission nominees from 4–12 November 2024. European Commission...
The Planning Act 2008 (PA 2008) brought in development consent orders (DCOs) for nationally significant infrastructure projects (NSIPs). Under this framework, compulsory acquisition powers can be authorised within the DCO itself, removing the need to obtain separate compulsory purchase order powers for such NSIPs. This position applies to schemes in England. For projects in Wales, where compulsory acquisition is needed for associated development, a distinct compulsory purchase order must still be pursued. For further background, see: Compulsory acquisition for NSIPs—introduction and principles. This Practice Note proceeds on the basis that the inclusion of compulsory acquisition powers in the draft DCO has already been decided, and examines the draft compulsory acquisition provisions and accompanying material for the DCO application, together with the procedure following acceptance of the DCO application by the Examining Authority (ExA) under PA 2008. See also Practice Notes: Compulsory acquisition for NSIPs—introduction and principles Compulsory acquisition for NSIPs—examination, making the DCO, costs, implementation and material change applications Compulsory Acquisition for NSIPs—special categories...
Practice Note: Priority between security interests This Practice Note provides illustrations of how the rules on priority may operate in practice with reference to the relevant English law principles. It complements, and should be read alongside, our other Practice Notes on priority. New examples are added to this Practice Note on a regular basis. If you encounter a priority issue in practice that you would like us to cover, please use the LexisAsk function to inform us. Practice Note: Priority between security interests outlines the rules on priority from a more technical standpoint and should be consulted for the black letter law that supports the practical examples in this Practice Note. It is important to recognise that English law priority rules are complex and are widely acknowledged not to be clear in every respect. Outcomes can also be influenced by the parties’ actions, meaning law firms will often decline to provide an opinion on the priority of security and specialist advice may need to be obtained if there is...
PI & Clinical Negligence horizon scanner—May 2023 [Archived] ARCHIVED: This Practice Note has been archived and is not being maintained at present. It distils the principal legal developments of relevance to personal injury and clinical negligence practitioners as at 19 May 2023. For the most recent horizon scanner, reference should be made to PI and Clinical Negligence horizon scanning—overview. Key PI & Clinical Negligence developments Analysis of the proposed implementation of the extended fixed recoverable costs regime — The Civil Procedure Rule Committee (CPRC) has issued draft amendments needed to implement the expansion of the fixed recoverable costs regime. Andrew Crisp, an associate at Clarion Solicitors, assesses those changes and their effects. See News Analysis: Analysis of the proposed implementation of the extended fixed recoverable costs regime. Fixed costs for noise induced hearing loss cases — From 1 October 2023, claims for noise induced hearing loss will fall within fixed recoverable costs. These rules enact the recommendations of the Civil Justice Council’s (CJC) working...