Chapter 11 meaning

In this issue: UK antitrust UK mergers UK private actions UK market studies UK subsidy control EU antitrust EU State aid EU digital markets LexTalk®Competition: a Lexis®Nexis community Daily and weekly news alerts New and updated content Caselex UK antitrust CAT holds Deckers breached the Chapter I prohibition concerning restrictions on the sale HOKA running shoe brand The CAT handed down its judgment in Up & Running (UK) Limited v Deckers UK Ltd, a damages action brought by Up and Running (UK) Limited (Up & Running) against Deckers UK Limited (Deckers), alleging an infringement of the Chapter I prohibition under the Competition Act 1998 in relation to the sale of the HOKA running shoe brand. The CAT found that Deckers infringed the Chapter I prohibition by restricting the sale of those running shoes. Background Up & Running operates a retail business focused on specialist running footwear and accessories. Deckers...

Mergers The CMA confirms it has, as required, sent its report to the Secretary of State on jurisdiction and competition issues linked to RedBird IMI’s anticipated acquisition of Telegraph Media Group—see further, case page. NOTE—For a summary of mergers in which the UK government has intervened on public interest grounds under the Enterprise Act 2022, see Government interventions on public interest grounds—merger cases tracker. Antitrust OFGEM has launched a Chapter II Competition Act 1998 investigation into suspected breaches of competition law, concerning a possible abuse of a dominant position—see further, press release. NOTE—For all live behavioural probes before the CMA and sectoral regulators, see UK behavioural investigations—ongoing cases tracker. Competition policy The CMA seeks inputs for its review of the Rail, Road, Inland Waterway Transport Block Exemption (RRIWTBER), assessing fitness for purpose, UK economic specifics, and impacts on UK businesses and consumers. Responses by 10 April 2024; consultation on proposed recommendations in June...

Antitrust Court of Appeal’s judgment dismissing Phones4U’s appeal regarding allegations of collusion against EE, Vondafone and O2 The Court of Appeal delivered its judgment in Phones 4U Ltd v EE Ltd & Ors, determining an appeal from the High Court’s decision that had dismissed a standalone claim issued by Phone4U Limited (Phones 4U) against a number of UK mobile network operators (MNOs) and their parent companies. Phones 4U alleged infringements of Article 101 TFEU and the Chapter I prohibition under the Competition Act 1998, contending there was coordination to cease dealing with it. The Court of Appeal dismissed the appeal in full. Background Phones 4U was one of the two leading retail intermediaries for mobile telephones in the UK until it went into administration in September 2014. Its collapse followed decisions by three MNOs not to renew contracts for the supply of connections through the retailer. Phones 4U had a series of arrangements with the MNOs for supplying connections to retail customers, under which it could arrange...

Formulating an informal restructuring plan An informal restructuring may blend out-of-court measures with formal mechanisms to bind objecting parties, such as: schemes of arrangement Part 26A restructuring plan (see Practice Note: Part 26A restructuring plans: history, rationale and scope) pre-pack administrations company voluntary arrangements (CVAs) US Chapter 11 proceedings Informal restructuring rationale Once a valuation of the company or group has been secured that identifies where the value breaks (see Practice Note: Where the value breaks and negotiating strength), it becomes apparent who genuinely has a seat at the negotiating table, and dissenters typically surface, often challenging the valuation itself. Where those dissenters sit near the value break, and the creditors who are in the money refuse to offer a small equity stake in the restructured entity or another incentive to win consent to an informal approach, parties often turn to one of the more formal routes...

Practice Note: Service of applications and documents in family proceedings outside the jurisdiction of England and Wales This Practice Note sets out guidance on serving applications for matrimonial or civil partnership orders, and other family proceedings documents, beyond England and Wales. It addresses service in Scotland or Northern Ireland, in states party to the Hague Service Convention, and in all remaining countries, for proceedings started on or after 6 April 2022. It outlines the deadlines for service and for acknowledging service of matrimonial and civil partnership applications, and also considers when a translation is required. For proceedings issued before 6 April 2022, see Practice Note: Service of documents in family proceedings outside the jurisdiction (pre-DDSA 2020). For provisions on serving court documents within the EU before implementation period (IP) completion day (11 pm on 31 December 2020), see: Service on a party in an EU Member State before IP completion day. The rules governing service of application forms/notices and other documents outside the jurisdiction of England and Wales, together...

ARCHIVED: This retired Practice Note outlines details about the EU General Data Protection Regulation, Regulation (EU) 2016/679 (the GDPR), as it operated in the UK before 11 pm on 31 December 2020. From that point, it is retained strictly for background purposes only and is no longer updated or maintained. For advice on the amendments to UK data protection law introduced by the replacement UK GDPR from that date, consult Practice Notes: The UK General Data Protection Regulation (UK GDPR), The UK General Data Protection Regulation (UK GDPR)—Navigator and Brexit—implications for data protection [Archived]. Brexit On 31 January 2020, the UK left the EU and entered an implementation period up to 11 pm on 31 December 2020, during which it remained bound by EU law for the entire duration of that period. Throughout that time, the EU General Data Protection Regulation, Regulation (EU) 2016/679 (the GDPR), continued to apply in the UK, and the UK was broadly regarded as an EU (and EEA) state for EEA and UK...

LEASEHOLD REFORM, HOUSING AND URBAN DEVELOPMENT ACT 1993, SECTION 11(3) TENANT’S NOTICE REQUIRING INFORMATION FROM FREEHOLDER To: [freeholder’s name and address]; From: [qualifying tenant’s name and address] (Tenant); Re: [building address] Building – the building containing the Flat, known as [building address]; Flat – Flat [flat address]; Qualifying Tenant – a tenant who is a “qualifying tenant of a flat” for Part I of the 1993 Act; Relevant Premises – [the Building OR the part of the Building you own freehold]. (A) This Notice concerns a proposed collective enfranchisement under Chapter I of the 1993 Act. (B) The Tenant is a qualifying tenant. You must, so far as known to you, give the Tenant the name and address of every person (other than the Tenant) who is: a tenant of the whole of the Relevant Premises; or a tenant or licensee of any separate premises there; or a tenant...

Leasehold Reform, Housing and Urban Development Act 1993, section 40 and Schedule 11, paragraph 7 NOTICE OF SEPARATE REPRESENTATION To [ name of competent landlord ] (the Competent Landlord) of [ address ], and to [ name of tenant ] (the Tenant of the Flat) of [ address ]. From [ insert name of the other landlord intending to act independently ], an ‘other landlord’ under section 40(4)(c) of the 1993 Act; service address (England and Wales) for Part I, Chapter II: [ insert address ] (the Other Landlord). Re: Flat [ insert flat number ], [ insert address for the building of which the flat forms part ] (the Flat). Take notice that: This notice relates to the Flat and the section 45 counter-notice dated [ insert date ] given by or for the Competent Landlord. The Other Landlord intends separate representation [ in proceedings concerning the Other Landlord’s title ] [ and ] [ in proceedings to determine any amount...

Company number: [ insert company number ] [ insert company name ] LIMITED Minutes of a meeting of the board of directors (the Meeting) of [ insert full name of company ] Limited (the Company) Held at [ insert place of meeting ] Held on [ insert day, month and year of meeting ] at [ insert time of meeting ] [ am OR pm ] Present: [ Insert names of the director(s) physically present ] [ [ Insert names of any directors present by telephone as permitted by the Company’s articles of association ] (by telephone) ] [ [ Insert names of any directors present by other means permitted by the Company’s articles of association ] (by [ insert other means ]) ] In attendance: [ [ Insert name of anyone in attendance, who does not count towards the quorum for the Meeting (eg, the company secretary, any legal advisers) (if any) ] ] ...

The Landlord and Tenant (Covenants) Act 1995 (LTCA 1995) The LTCA 1995 does not extend to “old tenancies”, that is, those granted before 1 January 1996. Consequently, where the sale contract is silent on the matter, the entitlement to pursue the tenant for pre-completion rent arrears in respect of such “old tenancies” automatically passes to the purchaser with the transfer of the reversion (see the Law of Property Act 1925, s 141; Claims to the Possession of Land, paragraph B4.2; and Hill and Redman, Division A, Chapter 4, paragraph 1087). That entitlement is a chose in action, which can be expressly reassigned to the seller...

The burden of costs in connection with legacies depends on the type of legacy. For a discussion of the various types of legacy, refer to the further reading link to Williams on Wills, Part H, Contents of Wills, Chapter 30: Legacies. From that extract, a gift of property constitutes a specific legacy if it comprises particular property that forms part of the testator’s estate at death, is described with sufficient precision to be identified, and is set apart from the testator’s estate in general...