Direct effect meaning

Service out of the jurisdiction—the general position In numerous situations, the court’s permission is needed to lawfully serve insolvency proceedings outside the jurisdiction of England and Wales. For further reading and detail, see Practice Note: Service of insolvency proceedings out of the jurisdiction. Requests for permission to effect service of insolvency proceedings beyond the jurisdiction are governed by, in particular, the Insolvency (England and Wales) Rules 2016 (IR 2016), SI 2016/1024, Sch 4, para 1(8), together with selected provisions of CPR 6 and the Practice Direction on Insolvency Proceedings (PDIP). When must service out of the jurisdiction be with court permission? As a general rule, the court’s permission is ordinarily required in order for documents connected to insolvency proceedings (including applications, supporting evidence and orders) to be validly served on a party situated outside the jurisdiction. IR 2016, SI 2016/1024, Sch 4, para 1(8) provides that CPR 6 applies to service of documents out of the jurisdiction, subject to such modifications as the court may approve or...

This practical guidance relates to the Procurement Act 2023 regime From 24 February 2025, the core provisions of the Procurement Act 2023 (PA 2023) take effect. Competitions launched on or after that date must, where relevant, proceed under PA 2023, whereas procurements initiated under earlier rules must continue to be run and administered in accordance with those regimes. The previous legislation comprises: Public Contracts Regulations 2015 (PCR 2015), SI 2015/102 Utilities Contracts Regulations 2016 (UCR 2016), SI 2016/274 Concession Contracts Regulations 2016 (CCR 2016), SI 2016/273 Defence and Security Public Contracts Regulations 2011 (DSPCR 2011), SI 2011/1848 This guidance sets out a comparison of the principal features of public procurement under PA 2023 and PCR 2015, SI 2015/102. For background on PA 2023, see Practice Note: Introduction to the Procurement Act 2023—PA 2023 and Does the Procurement Act 2023 apply?—flowchart. For background on PCR 2015, SI 2015/102, see Practice Note: Introduction to public contracts procurement and Public procurement procedure...

This Checklist This Checklist sets out the main considerations before launching a prize promotion, prize competition, or a prize draw in Great Britain. See also the Practice Note: How to run a prize promotion. At the outset, ensure any advice confirms the activity is not an unlawful lottery under the Gambling Act 2005 (GA 2005) and that it meets the UK Code of Non-broadcast Advertising and Direct & Promotional Marketing (CAP Code). These matters are explored in detail in Practice Note: Prize promotions. This Checklist also contains an optional section for operators that have signed, or are thinking of signing, the Voluntary Code of Good Practice for Prize Draw Operators (Voluntary Code), issued by the Department for Culture, Media and Sport (DCMS) on 21 November 2025 (see: LNB News 20/11/2025 30). Founding signatories must bring the Voluntary Code requirements into effect by 20 May 2026 at the latest. Any operators joining after that implementation date must be fully compliant from the date of signature...

Simkova v Secretary of State for Work and Pensions [2025] UKSC 41 What are the practical implications of this case? First, it is settled that EU nationals living in the UK, whose children reside in an EU member state, cannot receive the Universal Credit child element for those children. This holds even where the parent pays towards the children’s maintenance and support, notwithstanding the realities of cross‑border family life. Second, the judgment shows the courts continue to grapple with dense EU law even after Brexit, specifically in areas where the UK‑EU Withdrawal Agreement preserves direct effect. It underscores the ongoing need to interpret and apply those preserved rules when they bear on disputes arising in the domestic benefits system, for cases such as this. Third, this appeal did not give the Supreme Court an opportunity to define the scope of its discretion to seek a CJEU ruling on a question under Part Two of the Agreement concerning citizens’ rights. That discretion applies only to proceedings...

In this issue: Public Law case law quarterly Brexit SIs Post-Brexit transition guidance Constitutional and administrative law Equality and human rights Information law Subsidy control and State aid Public procurement Management and strategic planning Daily and weekly news alerts New and updated content Dates for your diary Trackers New Q&A Useful information Public Law case law quarterly Public Law case law quarterly—Q1 2024 The Lexis+® Public Law team’s quarterly round-up presents key decisions and commentary from the last quarter. This issue features: a Court of Appeal ruling examining how redaction aligns with the duty of candour in judicial review; a Scottish judgment on when courts may refuse to give effect to a statutory provision; and a significant procurement case clarifying the threshold of ‘sufficiently serious’. See News Analysis: Public Law case law quarterly—Q1 2024... Brexit SIs Pressure Equipment (Safety) (Amendment) Regulations 2024 SI 2024/490: Made under...

In this issue Social care Social housing Public procurement Planning Judicial review Education Healthcare Governance Daily and weekly news alerts New and updated content Social care Direct payments representative not a standard authorisation of property and affairs deputyship—Lumb (SSB) v NHS Humber and North Yorkshire ICB Managing direct payments from a personal health budget as a ‘representative’ under the National Health Service (Direct Payments) Regulations 2013 does not sit within the usual authorisations of a property and affairs deputyship. A health body may appoint a property and affairs deputy as ‘representative’ under regulation 5(4), yet that role extends beyond the remit of a standard deputyship appointment. Likewise, the functions of a ‘nominee’ under the 2013 Regulations are not encompassed by standard deputyship powers. The Court of Protection can, however, make a targeted appointment granting a deputy authority specifically to oversee direct payments in line with the 2013 Regulations. A case manager is an...

STOP PRESS From 24 February 2025, the core provisions of the Procurement Act 2023 (PA 2023) take effect and apply. Competitions commencing on or after that date must proceed under PA 2023, while procurements started under the earlier regimes — the Public Contracts Regulations 2015 (PCR 2015), the Utilities Contracts Regulations 2016, the Concession Regulations 2016, and the Defence and Security Public Contracts Regulations 2011 — must continue to be run and overseen in line with those rules and procedures accordingly. See Practice Note: Introduction to the Procurement Act 2023—PA 2023. This material concerns the Procurement Act 2023 regime. It provides practical guidance on public procurement under the Procurement Act 2023 (PA 2023). For practical guidance on light touch contracts under the former legislation, see Practice Note: Considerations when authorities procure contracts that are not subject to the full procurement regime. Overview of the light touch public procurement regime Under PA 2023, light touch contracts (LTCs) mean contracts wholly or predominantly for the delivery of identified...

Forthcoming change: Sections 6–7 of the Finance Act 2026 provide that, with effect from 6 April 2027, an individual’s property income will be subject to income tax at the property basic rate of 22%, the property higher rate of 42%, and the property additional rate of 47% for a given tax year. A person’s property income is treated as the highest portion of their income, save where they also have savings and/or dividend income. Where savings and/or dividend income arises, the property income is taken to be the portion of the person’s income that falls immediately before the savings and/or dividend income. FA 2026, Schedule 1, makes consequential amendments to ITA 2007. For these purposes, property income means income that is: chargeable under Chapter 3 of Part 3 of ITTOIA 2005 (profits of a UK property business or an overseas property business) chargeable under Chapter 7 of that Part chargeable under Chapter 8 of that Part chargeable under Chapter 9...

As of 31 January 2020, the UK left the EU and the EEA. This Practice Note introduces: the General Data Protection Regulation, Regulation (EU) 2016/679 (EU GDPR) framework (which applied within UK law up to the end of the Brexit implementation period—11 pm UK time on 31 December 2020—and continues to operate across the EEA; therefore, any references in this Practice Note to EEA or EU states should be read as also covering the UK until that period concluded) the United Kingdom General Data Protection Regulation, Retained Regulation (EU) 2016/679 (UK GDPR) framework (which applies under UK law from the end of the Brexit implementation period) Where there is no need to draw a distinction, this Practice Note refers to both as ‘GDPR’ for ease. When looking at the routine processing of personal data, the UK GDPR and the Data Protection Act 2018 (DPA 2018) should be consulted together, as both sets of provisions have direct effect. Practitioners will generally...

FORTHCOMING CHANGE : The Renters’ Rights Act 2025 was granted Royal Assent on 27 October 2025. For advice on the Act’s effect on residential tenancies in England, refer to Practice Note: Renters' Rights Act 2025—key provisions. Use this schedule to gather information on occupiers, occupation status, critical dates, notices to be issued, and principal points when planning a vacant possession strategy for a redevelopment. This Precedent is supplied in Excel format and can also be accessed via the link on this page. Note that the schedule has been created in Excel and therefore it cannot be downloaded into Word. Vacant Possession strategy—drafting notes If the development contains more than one freehold or superior leasehold interest, you may insert extra headings to divide the schedule into further sections where appropriate. Colour code: Sample colour coding has been applied to the first few rows as an example. Landlord: The named landlord should cover both: the direct landlord the...

[ Insert in para 6.1 of response form ET3 ] Many of the issues raised by the Claimant predate her ET1 by over three months; accordingly, those allegations fall outside the time limits set by section 123 of the Equality Act 2010 and the tribunal lacks jurisdiction to determine them. Subject only to the fact that there were four female employees at the premises, including the Claimant, paragraph 1 of the Grounds of Claim is admitted. It is accepted that the Claimant and [ insert name ] spoke on [ insert date ] regarding sales reports. It is further accepted that the Claimant told [ insert name ] he would need to wait until after lunch for the sales report. [ Insert name ] considered the Claimant’s tone to be angry and curt and asked whether she was all right. It is denied that he said, ‘No need to bite my head off; is it that time of the month?’ or anything to that effect......

Stop press SI 2026/82, the Data (Use and Access) Act 2025 (Commencement No 6 and Transitional and Saving Provisions) Regulations 2026, now brings into effect the outstanding elements of the Data (Use and Access) Act 2025 (DUAA 2025). Provisions concerning subject access requests, legitimate interests, purpose limitation, automated decision-making, international transfers and enforcement take effect from 5 February 2026, while those addressing penalty notices and complaints take effect from 19 June 2026. For more information, refer to Practice Note: Data (Use and Access) Act 2025—employment implications. This Precedent will be updated shortly to reflect these changes... Terms and Conditions 1 The Recruitment Services 1.1 The Agency identifies and provides Temporary Workers to undertake Assignments for Clients in accordance with a Client’s Work Specification (the Recruitment Services). 1.2 When delivering the Recruitment Services under this Agreement, the Agency acts at all relevant times as an employment business under the Conduct of Employment Agencies and Employment Business Regulations 2003. 1.3 As a default position,...

On 23 October 2020, Nesil Caliskan, Chair of the Local Government Association’s (LGA) Safer and Stronger Communities Board, issued remarks about the powers councils require to curb the transmission of coronavirus (COVID-19). Caliskan argued that local authorities should be able to take “rapid action” against businesses that do not put in place appropriate safety measures, adding that he “look[s] forward to hearing more details…over the coming days”. See: LGA seeks tools to combat businesses violating safety measures amid coronavirus (COVID-19)—LNB News 23/10/2020 86. The interventions designed to limit the spread of coronavirus continue to change as government policy tracks how the virus is circulating within communities. To streamline arrangements, a three-tier set of response levels was brought in to manage localised transmission of coronavirus. These regulations took effect in England on 14 October 2020, establishing a three-tier framework of restrictions intended to tackle local outbreaks of coronavirus. The regulations were made under powers granted by sections 45C(1), (3)(c), (4)(b), (4)(d), 45F(2) and 45P of the Public Health (Control of Disease)...