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This Checklist should be read alongside Practice Notes: Mutual legal assistance (MLA) and Grounds for refusing assistance by the requested authority... The Letter of Request (LOR) Requests from the UK for mutual legal assistance (MLA) are made through a formal letter of request (LOR). Under the Crime (International Co-operation) Act 2003 (C(IC)A 2003), the UK judicial authorities that may seek assistance are any judge or justice of the peace in England and Wales. A prosecution authority designated by an order of the Secretary of State may likewise request assistance where the conditions in C(IC)A 2003, s 7(5) are fulfilled: it appears to the authority that an offence has been committed there are reasonable grounds for suspecting that an offence has been committed, and the authority has instituted proceedings in respect of the offence in question or the offence is being investigated Issuing authority When considering the LOR itself, ask: Was the LOR issued by a judge...
In this issue Equality and human rights Judicial review Information law International law Other public law news Daily and weekly news alerts New and updated content Dates for your diary Trackers Useful information Equality and human rights Supreme Court rules on first Russia sanctions challenge (Shvidler v Foreign Secretary) The Supreme Court concluded, by a 4–1 majority, that the sanctions applied by the Secretary of State for Foreign, Commonwealth and Development Affairs to Mr Shvidler, and, unanimously, that the actions taken by the Secretary of State for Transport against the yacht M/Y Phi owned by Dalston Projects, introduced immediately after Russia’s invasion of Ukraine, were proportionate and lawful notwithstanding the recognised impact on the appellants’ rights under the European Convention on Human Rights. In a robust dissent, Lord Leggatt criticised the majority’s stance in Mr Shvidler’s appeal, holding that the measures against him, as a UK national, were disproportionate and thus unlawful. With...
In this issue: Key developments and materials Brexit Air pollution and climate change Contamination and environmental pollution Energy efficiency and buildings Product energy efficiency Energy for environmental lawyers Environmental assessment Environmental information Environmental taxes, reliefs and incentives ESG and sustainability Hazardous substances and chemicals Marine Nature, biodiversity and habitat conservation Waste Waste producer responsibility regimes Water, flooding and drainage Daily and weekly news alerts New and updated content United Kingdom Environmental Law Association (UKELA) Annual Conference Key developments and materials Spending Review 2025—Key Energy and Environment announcements On 11 June 2025, the Chancellor of the Exchequer, the Rt Hon Rachel Reeves MP, set out to Parliament the government’s Spending Review 2025 (SR25). This News Analysis draws out announcements and commitments of significance to the energy and environment sectors. See News Analysis: Spending Review 2025—Key Energy and Environment announcements. 2025 UN Ocean Conference...
In this issue: Disputes and remedies Repairing obligations and dilapidations Contractual issues Service charges Property disputes in Scotland LexTalk®Property Disputes: a Lexis®Nexis community Additional Property disputes updates Daily and weekly news alerts New and updated content Dates for your diary Trackers Latest Q&As Disputes and remedies Express declaration of trust superseded by subsequent common intention constructive trust (Nilsson v Cynberg) Nilsson v Cynberg [2024] EWHC 2164 (Ch) concerned an appeal brought by trustees in bankruptcy against a ruling that the bankrupt had no beneficial interest in the former family home. The property had been subject to an express declaration of trust naming the couple as joint tenants. At first instance, the court found that this position later changed by way of a common intention constructive trust and/or proprietary estoppel arising at a later point in time, and in particular because of the separation of the bankrupt and his wife and their...
While operating an occupational pension scheme, trustees might decide to bring in an investment consultant and/or a fiduciary manager. In contrast to ‘fund managers’, investment consultants and fiduciary managers are not regarded as ‘professional advisers’ for the purposes of pensions legislation. For more detail on the rules about appointing professional advisers, refer to Practice Note: Appointing pension professional advisers and other service providers. Development of regulatory framework After a reference from the Financial Conduct Authority (FCA), the Competition and Markets Authority (CMA) investigated investment consultancy services (IC services) and fiduciary management services (FM services) supplied to pension schemes, and issued its final report on 12 December 2018. It concluded that trustee engagement was weak, that clear and comparable information in order to assess value for money was missing, and that clients were nudged by investment consultants towards their own, higher-cost FM offerings, conferring an incumbency advantage. Accordingly, on 10 June 2019, the CMA made the Investment Consultancy and Fiduciary Management Market Investigation Order 2019 (the CMA Order), imposing...
This Practice Note addresses the correction of accidental slips or omissions in judgments or orders under CPR 40.12, outlining when the rule can, and cannot, be invoked and the approach to making an application. What is the slip rule? The slip rule is the mechanism by which the court may amend an accidental slip or omission in a judgment or order (see CPR 40.12; CPR PD 40B, para 4.1 and CPR PD 40B, para 4.5). CPR 40.12 provides that the court may at any time correct an accidental slip or omission in a judgment or order. The phrase ‘any time’ needs no further gloss or explanation and means exactly what it says: the jurisdiction is not limited to orders that are still in existence (IC v RC—while a family case, it considered an identical provision to CPR 40.12 in the Family Procedure Rules). This jurisdiction is restricted to genuine slips or omissions—the operative word is ‘accidental’—in the text of a sealed court order or a...
The Environmental Information Regulations 2004, SI 2004/3391 (EIR 2004) EIR 2004 grants the public a right to obtain environmental information held by public authorities. While openness is the default position, that duty to disclose is limited by several exceptions, most of which appear in regulation 12 of EIR 2004. For an outline of what amounts to environmental information, see Practice Note: Environmental Information Regulations 2004—what is environmental information? For guidance on when a request may properly be refused, see the Information Commissioner’s Office resource ‘When can we refuse a request for environmental information?’ and a Q&A examining whether, beyond the rulings in Fish v Legal and Attorney-General for the Prince of Wales v the IC, as well as the ICO’s own guidance, there is further authority on what constitutes ‘control’ within the definition of public authority in the Environmental Information Regulations 2004, s 2(2)(d). Where a public authority considers that material falls within one or more of the regulation 12 exceptions, it must then evaluate the public interest factors...
ARCHIVED: This Precedent has been archived and is no longer maintained [ ISSUER ] Offering (the ‘Offering’) of [ ● ] global depositary receipts (the ‘GDRs’), with each GDR evidencing an interest in [ ● ] ordinary share[s] of nominal value [ ● ] (the ‘Shares’). 1 Parties involved in the offering Issuer ( ILC ) Custodian ( Custodian ) Clearstream Banking, société anonyme ( Clearstream, Luxembourg ) Issuer’s Counsel ( IC ) Manager’s Counsel ( MC ) Euroclear BankS.A./N.V. as operator of the Euroclear System ( Euroclear ) Issuer ( Company ) Selling Shareholder (Selling Shareholder) Manager 1 ‘ [ ● ] ’ and ‘ Stabilisation Manager ’ Manager 2 ‘ [ ● ] ’ and ‘ Settlement Agent ’ London Stock Exchange ( LSE ) Manager 1 and 2 ( Managers ) Depository ( Depository ) The Depository Trust Company ( DTC ) Financial Conduct Authority ( FCA )...