Joint enterprise meaning

Mergers The expected joint enterprise involving Suzano International Holding B.V. won CMA approval...

Mergers The CMA began its phase 1 review of the proposed joint venture between Vodafone Group Plc and CK Hutchison Holdings Limited relating to Vodafone Limited and Hutchison 3G UK Limited—see further, case page. The Department for Culture, Media and Sports issued a second PIIN from the Secretary of State, Lucy Frazer, on the proposed acquisition of Telegraph Media Group Limited, Telegraph Media Group Holdings Limited, or their business or assets (including subsidiary shares) by RB Investco Limited and/or related undertakings (including RB IMI AIV Limited Partnership), or any assignees, transferees or successors—see further, case page. NOTE—For trackers on live CMA mergers and public interest interventions under the Enterprise Act 2022, see UK mergers—ongoing cases tracker and Government interventions on public interest grounds—merger cases tracker. Subsidy control The Subsidy Advice Unit released its final report advising the Department for Business and Trade on a proposed subsidy to BMW UK Manufacturing Limited—see further, final report. Market studies...

In this issue: Copyright & associated rights Designs Patents Confidential Information IP and technology Daily and weekly news alerts New and updated content Dates for your diary Trackers Useful information Copyright & associated rights Chancery Division allows claim for breach of contract (Photobooth Props Ltd v NEPBH Ltd) The Chancery Division upheld the claimants’ action in a dispute over the supply of photobooths and related accessories. In Photobooth Props Ltd v NEPBH Ltd [2023] EWHC 3478 (IPEC), delivering an oral judgment, the court found that the eighth defendant (MQ), together with the other defendants, had breached both implied and express terms of an oral agreement, including by competing with it and violating rights—copyright among them—that he had transferred to it. MQ had made false, fraudulent statements on which the claimants relied, and the defendants were jointly liable as joint tortfeasors. The court also indicated that, given the defendants’ exceptionally poor conduct throughout the...

Successive UK governments have aimed to cement the UK as one of the world’s most appealing settings for innovation and enterprise. To that end, a wide-ranging suite of tax incentives has been rolled out to encourage innovative companies, supporting both investors and trading entities, and assisting businesses at every phase of a business’s life cycle. These incentives include: R&D tax reliefs patent box business asset disposal relief (previously entrepreneurs’ relief) capital allowances for purchases of: knowhow patents, and plant and machinery venture capital trusts the enterprise investment scheme, and the seed enterprise investment scheme This Practice Note outlines the UK position on key tax considerations when determining how to structure an innovative business with international or global aspirations. The observations are general in nature and work on the basis of a clean slate; revisiting an existing IP ownership arrangement will inevitably demand a bespoke solution (notably...

CGT reliefs most relevant to Private Client Multiple reliefs exist to lessen or defer capital gains tax (CGT) arising on the disposals of both business and personal interests...

Process for making confiscation orders in joint enterprise cases There is a three-stage method for calculating a confiscation order under the Proceeds of Crime Act 2002 (POCA 2002): first, determine whether the defendant has benefited from the relevant criminal conduct second, establish the value, i.e. the quantification, of that benefit third, decide what amount is recoverable from the defendant See Practice Note: Confiscation under the Proceeds of Crime Act 2002. This Practice Note outlines how the court approaches the question of benefit in confiscation proceedings arising from joint enterprise cases. For detailed guidance on assessing benefit more generally, see Practice Notes: Confiscation step 1: Does the defendant have a criminal lifestyle?, Confiscation step 2: Has the defendant benefited from relevant criminal conduct? and Determining the recoverable amount (benefit and available amount) under POCA 2002. The leading authority on joint enterprise cases is the Supreme Court’s judgment in R v Ahmad; R v Fields, discussed in News Analysis: Confiscation orders and joint...

Associations with actual or potential competitors for the purpose of jointly undertaking a particular commercial enterprise or transaction Working with current or prospective rivals to carry out a specific business project or deal is ordinarily lawful when the pro-competitive gains of a joint venture (JV) surpass any anti-competitive drawbacks, provided the overall balance favours competition, if any. Pro-competitive advantages may include pushing technological progress, introducing novel products, services or market entrants, and securing economies of scale, meaning greater capacity with lower transaction costs. This guidance supports colleagues in designing, setting up and running JVs, with a particular emphasis on adhering to competition law by relevant staff members. Before suggesting or entering any JV, you must seek advice from [ insert, eg the legal team ] ...

1 Screening Requirement Further comment or actions identified ☐ Assess the extent of bribery exposure linked to: —the nation where the potential partner trades; —the nature of its enterprise; and —the combined risks arising from these two factors where necessary. [ Insert any remarks or action items identified ] ☐ Locate the most recent Transparency International Corruption Perceptions Index score for the relevant jurisdiction as appropriate. [ Insert any remarks or action items identified ] ☐ Investigate the applicable civil and criminal laws in the jurisdiction to spot any material divergences from UK law (e.g. permissibility of facilitation payments) where relevant. [ Insert any remarks or action items identified ] ☐ Enquire whether the prospective partner is known for bribery, or has ever been investigated, prosecuted, convicted, or debarred for bribery offences. [ Insert any remarks or action items identified ] ☐ Determine if mutual anti-bribery undertakings or standard ‘boilerplate’ provisions have been traded or embedded within your contracts...