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ex post meaning

What does ex post mean?
Ex post describes an analysis, assessment or decision made after the relevant event, using information known with hindsight (“after the fact”). It is a descriptive Latin expression used across legal contexts in England & Wales, Scotland, Northern Ireland and Ireland, and is not generally defined in legislation or case law. Typical uses include: - Damages and restitution: courts often quantify loss ex post by reference to what actually occurred up to judgment, while keeping liability, remoteness and the reasonableness of mitigation under predominantly ex ante (beforehand) standards. - Regulatory and competition law: authorities conduct ex post evaluations of market interventions, enforcement outcomes and regulatory impact. - Financial services compliance: firms provide ex post costs and charges disclosures to clients, reflecting actual fees incurred. The ex post/ex ante distinction is practically significant: it separates forward‑looking reasonableness tests from backward‑looking quantification and evaluation. Usage is broadly consistent across the UK and Ireland. Ex post should not be conflated with “retrospective legislation”. Nor is it the same as the US concept of “ex post facto” laws; in UK and Irish practice the term “retrospective” is used when referring to legislation or measures operating on past events.
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CHECKLISTS
Fixed recoverable costs for RTA portal and ex‑portal claims: CPR 45 checklist (fast/intermediate track; pre/post 1 Oct 2023; Apr 2024 uprating)—England and Wales

Note: As of 1 October 2023, the CPR has been updated to broaden the scope of fixed recoverable costs. These changes apply where the cause of action arises on or after 1 October 2023 (typically the accident date). For the version of Part 45 that applied before 1 October 2023, see: Can more than fixed costs be recovered? London weighting A 12.5% uplift to fixed costs applies if the claimant resides or works, and the instructed solicitor practises, within one of the London areas identified in CPR 45. Other circumstances For direction on other situations where recovery beyond fixed costs may be possible, see Practice Note: Fixed costs in road traffic accident claims. Children Distinct fixed costs apply to infant approval hearings, known as Type C fixed costs. The schedule for fixed costs under the Pre-Action Protocol for Low Value Personal Injury Claims in Road Traffic Accidents (the RTA protocol) appears at Table 10 in CPR PD 45. See Practice Note: Fixed costs in...

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CHECKLISTS
Fixed Recoverable Costs for Employers’ and Public Liability Portal and ex‑Portal Claims, including Disease Claims (England and Wales)—Checklist (pre‑ and post‑1 Oct 2023)

NOTE : From 1 October 2023, the CPR broadened the reach of fixed recoverable costs. These revisions apply where: the cause of action arises on or after 1 October 2023 (usually the date of the accident), or for disease claims, no letter of claim was sent before 1 October 2023 For the version of CPR 45 that was in force before 1 October 2023, see: Can more than fixed costs be recovered? London weighting A 12.5% uplift applies to fixed costs if the claimant lives or works, and the instructed solicitor practises, within one of the London areas listed in CPR 45. Other circumstances For guidance on additional situations where more than fixed costs might be recoverable, see Practice Note: Fixed costs in employer liability and public liability claims. Children Where the claimant is a child, any settlement reached by the parties must be approved by the court. Specific fixed costs apply to infant approval hearings....

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NEWS
UK corporate crime update: DPA breach ruling, court reforms, sanctions enforcement changes, data protection reforms, ICO Grok probe, LIBOR appeals, sentencing updates, proceeds of crime, health and safety

In this issue: Decision to prosecute and alternatives to prosecution Criminal procedure and evidence Proceeds of crime Appeals and judicial review Sentencing Bribery, corruption, sanctions and export controls Cybercrime and data protection offences Fraud, forgery, tax and theft offences Health and safety and corporate manslaughter offences Other corporate crime updates LexTalk®Corporate Crime: a Lexis®Nexis community Daily and weekly news alerts New and updated content Dates for your diary Trackers Useful information Decision to prosecute and alternatives to prosecution Deferred Prosecution Agreements—an ‘expiry date’ or a ‘best before’? (Guralp Systems Ltd v Serious Fraud Office) The statutory framework for Deferred Prosecution Agreements (DPAs) requires an expiry date within every DPA, mandates that any breach application is made while the DPA remains in force, and provides that where a DPA lasts until its expiry, the proceedings are to be discontinued. In this case, the DPA’s terms specified effectiveness for...

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NEWS
UK Private Client weekly update: probate changes, Court of Protection rulings, HMRC manuals and tax cases, trusts disputes, crypto injunctions, pensions and consultations (8 February 2024)

In this issue: Probate Court of Protection UK taxes for Private Client HMRC Manuals updates Tax avoidance, evasion and non-compliance Insolvency—Private Client Digital assets and cryptoassets Charity and philanthropy Contentious trusts and estates Pensions, insurance and tax efficient investments International Question of the week Additional Private Client updates this week 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 Probate HMCTS probate enquiry line—temporary reduced hours From 14 February 2024, and for 12 weeks, the HMCTS probate helpline will run on reduced hours: 9am to 1pm, Monday to Friday. The HMCTS Probate Service remains available via web‑chat from 9am to 5pm, Monday to Friday. Source: HMCTS Probate LinkedIn post. MoJ urges those entitled to claim dormant funds held by CFO to act now The Ministry of Justice...

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NEWS
EU Digital Networks Act: consultations on telecoms reform and Relevant Markets Recommendation - harmonisation, possible move to ex post rules, spectrum policy, 'fair share', sustainability, and fibre/6G rollout

Background Over three decades, Europe’s telecommunications regime has taken shape, starting with late‑1980s liberalisation and reaching a milestone with the 2018 European Electronic Communications Code (EECC), designed to harmonise Member State rules while spurring competition and infrastructure investment. Yet the landscape remains fractured, as differing national rules and enforcement approaches continue to restrict cross‑border operations. Consequently, the build‑out of very high‑capacity networks such as fibre and 5G is patchy and slow, and policies for spectrum assignment vary significantly. Noting these shortcomings, former Digital Commissioner Thierry Breton signalled a new course in his 2024 white paper ‘How to Master Europe’s Digital Infrastructure Needs?’, setting out a vision for an integrated, resilient telecoms market that would accelerate fibre and 5G/6G deployment, remove investment obstacles, and broaden consumer access, especially in underserved or rural areas. Moreover, the Commission’s ‘call for evidence’ of 6 June 2025 reports that transposing the EECC and earlier directives into national law has frequently resulted in overregulation. In contrast to previous telecoms directives, the DNA is expected to...

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PRACTICE NOTES
Global merger control round-up—June 2023: non-notifiable deals under dominance rules, Morocco thresholds, Swiss exemption, HSR reforms, gun-jumping fines, and UK energy network mergers regime update

This month features a standstill and hold separate order by the Belgian Competition Authority against Proximus for a non-notifiable acquisition under abuse of dominance rules; amendments to Morocco’s merger control thresholds; the publication of draft Swiss legislation introducing, amongst other measures, a new exemption from the notification obligation; and the Federal Trade Commission in the USA proposing changes to the pre‑merger notification form and process. Belgian—BCA imposes standstill and hold separate order under abuse of dominance rules In our March 2023 monthly merger update, we noted that the Belgian Competition Authority (BCA) had launched an ex post investigation, based on abuse of dominance rules, into Proximus, the incumbent Belgian telecoms operator, following its recent acquisition of EDPnet. The transaction did not meet Belgian merger control thresholds owing to EDPnet’s turnover. This move follows the Court of Justice’s Towercast judgment of 16 March 2023, which confirmed that concentrations below merger thresholds can be subjected to ex post scrutiny for abuse of dominance. Towercast therefore recognises an additional path...

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PRACTICE NOTES
Military personal injury claims: Crown and combat immunity, negligence, ECHR Article 2, AFCS/CIC(O), Smith v MOD, Overseas Operations Act limitation, training accidents and specific injuries

This Practice Note outlines the routes for personal injury redress for injured serving and ex-service members, embracing claims founded on statute as well as compensation schemes under domestic law and the European Convention on Human Rights. It considers claims arising from incidents in combat operations and training, plus specific conditions including non-freezing cold injury, noise-induced hearing loss, post-traumatic stress disorder (PTSD), psychiatric harm related to bullying or harassment, and parading injuries. The history and suspension of Crown immunity It is helpful to examine the evolution of the law governing military claims closely. Until 1987, section 10 of the Crown Proceedings Act 1947 (CPA 1947) barred service personnel from pursuing any civil actions against the Crown for death or personal injury attributable to other members within the British Armed Forces. Sections 1 and 2 of the Crown Proceedings (Armed Forces) Act 1987 (CP(AF)A 1987) state that CPA 1947, s 10 is disapplied, but permit the Secretary of State for Defence to re-activate it, from time to time, where...

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PRACTICE NOTES
UK PRA PS21/25 and FCA PS25/15 remuneration reform for dual‑regulated firms: SYSC 19D alignment with PRA Rules, MRT deferral and accountability changes, implementation timeline

PRA PS21/25 and FCA PS25/15: reform of the remuneration regime Joint consultation On 26 November 2024, the Prudential Regulation Authority (PRA) and the Financial Conduct Authority (FCA) issued Joint Consultation Paper 6/24–24/23, Remuneration reform, which outlines proposed amendments to the remuneration framework as follows: revisions to the Remuneration Part of the PRA Rulebook (Appendix 1) updates to Supervisory Statement SS2/17—Remuneration (Appendix 2) modifications to SYSC 19D within the FCA Handbook (Appendix 3) consequential amendments to the FCA’s non-Handbook guidance FG23/6: General guidance on the application of ex-post risk adjustment to variable remuneration (Appendix 4), and the withdrawal of the FCA’s non-Handbook guidance in FG23/4: Dual-regulated firms Remuneration Code (SYSC 19D): Frequently asked questions on remuneration, and FG23/5: General Guidance on Proportionality: The Dual regulated firms Remuneration Code (SYSC 19D) The PRA proposed to: change the rules and expectations on deferring variable remuneration by: cutting the minimum deferral period for certain...

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