Direct applicability meaning

Swindon Borough Council v Abrook [2024] EWCA Civ 230 What are the practical implications of this case? Viewed practically, the ruling cautions against resorting to ASBIs unless, in the non‑housing sphere under ABCPA 2014, s 2(1)(a), the impugned behaviour genuinely produces harassment, alarm or distress. The Court stressed, time and again, the requirement for convincing proof that the statutory threshold is actually satisfied. A ‘bald assertion’ about the impact of conduct will not suffice (para [108]). The evidential picture ought to contain a clear account of what was done and its real, or anticipated, consequences. That may come from an individual, or several people, who recount the conduct and explain that they experienced one of the three outcomes, and why. Alternatively, if such direct testimony cannot be obtained (para [103]), the applicant must put forward material which, with adequate descriptive specificity, demonstrates that the behaviour was of a kind likely to induce one or other of those effects in any person, including, hypothetically, someone vulnerable. In short, applications must...

The Markets in Financial Instruments Regulation (Regulation (EU) 600/2014) (MiFIR) MiFIR established a transaction reporting framework so competent authorities can spot and probe suspected market abuse, and oversee the proper, orderly operation of markets and the business of investment firms, thereby strengthening supervision and investigatory capabilities in particular. Because MiFIR and the relevant regulatory technical standards on transaction reporting — Commission Delegated Regulation (EU) 2017/590 (RTS 22) — had direct applicability in the UK while it remained an EU member, and applied in full, they generally did not need to be transposed into domestic legislation or rulebooks to take effect in practice. At 11 pm (GMT) on 31 December 2020 (IP completion day), the Brexit transition/implementation period concluded following the UK’s exit from the EU. From IP completion day, core transitional measures ceased and major changes started to apply across the UK legal framework as a whole. Article 26 of Assimilated Regulation (EU) No 600/2014 (UK MiFIR) and Assimilated Regulation (EU) 2017/590 (UK RTS 22) were brought...

ARCHIVED: This Practice Note is archived, not maintained, and provided for background use only. For further details on the Prospectus Regulation, see Practice Note: The UK Prospectus Regulation—essentials [Archived]. Introduction to the Prospectus Regulation roadmap The Prospectus Regulation (EU) 2017/119 (PR) was published in the Official Journal of the European Union on 30 June 2017 and took effect on 20 July 2017, with most provisions applying from 21 July 2019. The PR materially revises the prospectus publication obligations contained in the Prospectus Directive 2003/71/EC (the PD). As a regulation, it has direct applicability across Member States. This Practice Note sets out an article-by-article roadmap of the PR, detailing for each article: the article title and number, and the corresponding PD provisions For additional guidance on the PR, see Practice Notes: The UK Prospectus Regulation—essentials [Archived], The UK Prospectus Regulation—is a prospectus required? [Archived], The UK Prospectus Regulation—prospectus format and contents [Archived], The UK Prospectus Regulation—approval of prospectuses [Archived], The UK Prospectus...

Key information EU CLP Regulation: Regulation (EC) 1272/2008 of the European Parliament and of the Council of 16 December 2008 on the classification, labelling and packaging of substances and mixtures (EU CLP Regulation) Entry into force: 20 January 2009 Applicability: Substances placed on the market since 1 December 2010; mixtures placed on the market since 1 June 2015 Transposition deadline: Not applicable, as Regulations have direct effect and do not require incorporation into national law Repeals: From 1 June 2015, the EU CLP Regulation entirely replaced the previous system under the Dangerous Substances Directive 67/548/EEC (DSD) and the Dangerous Preparations Directive 1999/45/EC (DPD), both now ceased. For further detail, see Practice Note: Classification, packaging and labelling of dangerous substances prior to implementation of the CLP Regulation (EC) No 1272/2008—snapshot [Archived] Amending: Amends Regulation (EC) 1907/2006 concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (EU REACH). For the amendments, refer to Regulation (EC) 1272/2008, Articles 57–59 Background and international...