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The original Payment Services Directive, 2007/64/EC (PSD1), took effect on 25 December 2007, with all Member States obliged to transpose it by 1 November 2009. In the UK, it was given effect via the Payment Services Regulations 2009, SI 2009/209 (the PSRs). Its purpose was to regulate payment service providers (PSPs) and bring greater harmonisation to the EU payments market. Yet developments in payment technology outpaced PSD1, leading the European Commission (Commission) in July 2013 to table a proposal for a successor measure, the second Payment Services Directive (PSD2). PSD2, Directive 2015/2366, formally came into force on 13 January 2016. Member States were required to implement most of its provisions by 13 January 2018. PSD2 both absorbed and repealed PSD1...
Restructuring & Insolvency weekly highlights—27 November 2025 In this issue: Key R&I law developments Insolvency litigation Restructuring Directors and insolvency The office-holder Financial institutions R&I in Scotland Daily and weekly news alerts Key dates for restructuring and insolvency professionals New content New Q&As Key R&I law developments Budget 2025—key Restructuring & Insolvency announcements On 26 November 2025, the Chancellor of the Exchequer, the Rt Hon Rachel Reeves MP, set out measures of note for restructuring and insolvency practitioners. Plans cover business rates changes, hiring extra Insolvency Service staff to combat abusive phoenixism and rogue directors, the creation of the Public Authorities Fraud Investigation and Enforcement Service, and adjustments to National Insurance Contributions. See: LNB News 26/11/2025 65. Council of the EU agrees directive harmonising insolvency law across member states Negotiators for the Council of the EU and the European Parliament have reached a provisional deal on a directive aligning...
Restructuring & Insolvency weekly highlights—19 December 2024 In this issue: Key R&I law developments Corporate insolvency processes Directors and insolvency Insolvency litigation Creditors’ participation R&I in Scotland International restructuring and insolvency Daily and weekly news alerts Key dates for restructuring and insolvency professionals New Practice Note—Restructuring and insolvency Highlights 2024/2025 Key R&I law developments Insolvency Service publishes monthly insolvency statistics for November 2024 The Insolvency Service has issued its November 2024 statistics for England and Wales, covering both corporate and individual cases. There were 1,966 corporate insolvencies—13% higher than October 2024, yet 12% down on November 2023. Individual insolvencies reached 10,012, a 12% rise from October 2024 and 25% above November 2023. See: LNB News 17/12/2024 35. Corporate insolvency processes What comprises an ‘unregistered company’ under section 220(1) of the Insolvency Act 1986? (East Riding of Yorkshire Council v KMG) KMG (the Fund) is an investment fund established in...
Our observations so far suggest the Unified Patent Court’s approach to inventive step is more all-encompassing, concentrating on whether the skilled person would have been prompted to contemplate the claimed solution and adopt it as a natural progression from the prior art. Further, in contrast to the EPO’s problem–solution methodology, the UPC does not yet appear persuaded that a reasonable expectation of success must be shown to establish obviousness. Given these differing frameworks, there is scope for divergent outcomes on identical facts. Even so, both the UPC and the EPO seem conscious of the danger of inconsistent rulings between the two systems. In this piece, we consider four EPO practices which, though not invariably applied today, may gain traction in the interests of harmonisation, as they arguably align more closely with the UPC’s stance on inventive step. Background The EPO routinely employs the problem and solution approach when assessing whether an invention involves an inventive step. As confirmed by the Enlarged Board of Appeal in Syngenta v HGF,...
The Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE 2006), SI 2006/246, confers extra protection on employees when a dismissal arises in the context of a transfer. EU‑sourced legislation, including much of TUPE 2006, enacted to give effect to the UK’s obligations under EU law (for example, Directive 2001/23/EC, the Acquired Rights Directive (ARD)), and still applicable in the UK at the end of the Brexit transition period/IP completion day, continues in force as assimilated law. For further information, see Practice Note: Assimilated law. Enhanced protection against dismissal An individual benefits from this enhanced protection only if they can pursue an unfair dismissal claim—meaning they must be an employee (see Practice Note: Employee status) with the required two years’ continuous employment. For further information, see Practice Note: Entitlement to claim unfair dismissal...
This Practice Note outlines Directive (EU) 2019/770 (OJ L 136/1) on certain aspects of contracts for the supply of digital content and digital services—the EU Digital Content Directive (EU DCD)—brought in as part of the European Commission’s Digital Single Market strategy. The EU DCD sets out a range of consumer rights and remedies for business-to-consumer (B2C) agreements covering digital content or digital services, and is complemented by Directive (EU) 2019/771 (OJ L 136/28) on certain aspects concerning contracts for the sale of goods, the EU Sale of Goods Directive (EU SGD). For more on the EU SGD, see Practice Note: The EU Sale of Goods Directive. The EU DCD entered into force on 11 June 2019. EU Member States had to adopt and publish the measures needed to comply by 1 July 2021 and to apply them from 1 January 2022. The national transposition measures can be viewed on the EUR-Lex website. Key information EU Digital Content Directive title: Directive (EU) 2019/770 of the...
This Practice Note explores the following data protection, privacy and security matters arising in connection with the use of autonomous and connected vehicle technology: The technology Declaration of Amsterdam Cooperative Intelligent Transport Systems (C-ITS) United Kingdom General Data Protection Regulation Privacy and Electronic Communications Regulations 2003 Cybersecurity The Product Security and Telecommunications Infrastructure Act 2022 Connected and autonomous vehicles in the EU International Practical issues For further detail and context on additional UK legal considerations linked to this technology, see the Practice Notes: Autonomous vehicles—key legal issues and Autonomous vehicles and insurance, and for a concise overview of dates and key points, see: UK automated vehicles—tracker. To monitor developments within the EU, also consult the Practice Notes: Automated vehicles—key legal issues in the EU and EU automated vehicles—tracker. The technology Contemporary vehicles already incorporate a suite of external communications, such as satellite navigation, in-car entertainment and emergency assistance, capable of automatically transmitting precise...