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Set out below are the key practical competition law considerations when preparing and submitting the Form CO to the European Commission (the Commission): Confirm eligibility for a Short Form CO to reduce disclosures. Build in time; a full Form demands extensive data, including Member State market shares. For turnover, use the Commission’s official ECB exchange rate and support the filing with economic analysis. If information is unavailable, explain why and estimate; if requests seem irrelevant, justify and obtain a waiver with the case team. Check accuracy; inaccuracies render the Form CO ineffective until the Commission is satisfied. Provide precise contact details for customers, competitors and suppliers, and include caveats for any assumptions. Allow time for authorisations and, where required, signature of the declaration by the relevant business person or in-house lawyers. Prepare required copies (one original, three paper, two CD or DVD) and translate supporting documents not in an EU official language. Review supporting documents for any “anti-competitive” language...
This Checklist offers a concise examination of the hands-on elements involved in the tribunal secretary’s role. Its scope is to steer legal practitioners on considerations when choosing and collaborating with a tribunal secretary. The Checklist expresses no opinion on whether appointing a tribunal secretary is suitable; that determination lies with the parties and the arbitral tribunal case by case—see Practice Note: Tribunal secretaries in international arbitration—the advantages and disadvantages. It draws on the legal framework (primarily arbitration rules), case law/jurisprudence, soft law (guidelines and practice notes), professional experience, and prevailing market practices. Taxonomy Tribunal secretary is an umbrella term for a person who supports an arbitral tribunal (a sole arbitrator or a panel) during arbitration proceedings, assisting the tribunal throughout the conduct of proceedings as the arbitration process advances further...
The Pre-Action Protocol for Personal Injury Claims Below the Small Claims Limit in Road Traffic Accidents (RTA Small Claims Protocol) is engaged for collisions taking place on or after 31 May 2021. For RTA personal injury matters, the small claims track cap for general damages—covering pain, suffering and loss of amenity (PSLA)—now stands at £5,000, save for exceptions in CPR 26.10 and CPR 26.11. The protocol is intended for situations where a person has sustained injuries in a road traffic accident (including, though not confined to, whiplash) and wishes to pursue compensation, provided the sum claimed for the injury does not exceed £5,000 and the value of the case does not exceed £10,000. It operates for claimants pursuing personal injury compensation from RTAs within these injury and overall value limits. For additional guidance on using the RTA Small Claims Protocol, consult Practice Note: The road traffic accident small claims protocol...
In this issue: Key DR developments Claims and remedies Cost and funding Case management Scottish Dispute Resolution New content Dates for your diary Useful information Daily and weekly news alerts Key DR developments Court information HMCTS updates Form N215 certificate of service HM Courts & Tribunals Service (HMCTS) has issued a revised English Form N215 Certificate of Service for civil proceedings, which also brings in a new statement of truth. While the layout has been updated, the details required remain unchanged, with extra notes added to assist with completing the form. For further detail, see: HMCTS updates Form N215 certificate of service—LNB News 27/01/2026 36. Additional permanent courtrooms to boost capacity The government will make four former Nightingale Courts in Fleetwood, Telford, Chichester and Cirencester permanent, creating 11 additional courtrooms across England and Wales to increase capacity for criminal, family and civil work and help cut delays. For further detail, see:...
Re an application by RM (a person under disability) by SM, (his father and next friend) for Judicial Review (Northern Ireland); Re an application by RM (a person under disability) by SM, (his father and next friend) for Judicial Review (Northern Ireland) No 2 [2024] UKSC 7 What are the practical implications of this case? This judgment clarifies how the rules on discharging a mentally disordered patient compulsorily detained for medical treatment operate, and how they interrelate with provisions on leave of absence. The Supreme Court’s conclusions will assist practitioners working with the Mental Health (Northern Ireland) Order 1986 (the 1986 Order), SI 1986/596, and the MeHA 1983. It confirms that, despite differing wording, the detention standard under the 1986 Order aligns with that in the MeHA 1983: the decisive threshold is necessity. Accordingly, case law on the MeHA 1983 from England and Wales can usefully guide the consideration of issues concerning detention under the 1986 Order, SI 1986/596, and vice versa. This confirms that jurisprudence from England...
In this issue: Advertising, marketing and sponsorship Agency and distribution Consumer protection Contracts E-commerce International Public procurement Supplier management LexTalk®Commercial: a Lexis®Nexis community Daily and weekly news alerts New and updated content Dates for your diary Trackers Advertising, marketing and sponsorship ASA rulings—31 July 2024 The Advertising Standards Authority (ASA) has flagged the Person(s) unknown trading as Mendio Life for inquiry after insights from its Active Ad Monitoring system. A Meta promotion by Mendio Life for an acupressure clip asserted medical effects for a device lacking the necessary conformity marking and absent from the Medicines and Healthcare Products Regulatory Agency (MHRA) register. This decision sits within the ASA’s wider work on advertisements asserting treatment for prostrate issues, as part of a consumer-protection drive against such claims. The ASA also received a complaint about Nultqh GB’s Meta advert for a prostate patch, which advanced medicinal claims for an unlicensed item. The...
Introduction to Musharaka—a profit and loss sharing instrument of Islamic finance At the heart of Islamic finance lies the maxim ‘no profit without risk’, ie no person should realise a gain unless they bear some degree of risk. This concept is most clearly shown through the application of profit and loss sharing instruments. For further detail on this principle, see Practice Note: Key principles of Islamic finance. This Practice Note examines Musharaka, an Islamic finance technique originally founded on profit and loss sharing and broadly analogous to a conventional partnership arrangement. In straightforward terms, a Musharaka is a partnership customarily entered into by two or more parties, not necessarily for a fixed term, and most commonly for the purpose of undertaking a business venture. In a typical Musharaka, each participant makes a capital contribution to the venture and profits and losses are shared between them. A comparable Islamic finance arrangement premised on the same profit and loss sharing rule is Mudaraba, a special form of partnership in which only...
Note From 1 January 2026, the Commercial Court and the London Commercial Court are running a pilot under CPR PD 51ZH. By default, specified materials used in public hearings—such as witness statements and skeleton arguments—will be accessible to the public. Practitioners issuing applications in these courts should acquaint themselves with the pilot and take suitable measures to safeguard clients when drafting any impacted documents. For further direction, see Practice Note: Non-party access to court documents and information in civil proceedings. This Practice Note explains how to complete an application notice using form N244(CC) for proceedings in the Commercial Court. For broader guidance on applications, refer to the following Practice Notes: How to make an application for a court order (CPR 23) Making an application in the Commercial Courts Form N244(CC) In civil proceedings, applications are ordinarily made by application notice—see Practice Note: Informal applications for when the court may allow an application without one. In most courts, the standard application...
ARCHIVED: This archived Practice Note outlines and summarises the data protection regime in place before 25 May 2018 and describes the position under the Data Protection Act 1998 (DPA 1998). It is supplied for background purposes only and therefore is not kept up to date. The Note deals specifically with the DPA 1998’s applicability and territorial reach. When assessing whether the DPA 1998 applies, consider the following key points: the nature of the data being processed—the DPA 1998 strictly applies only to processing of personal data; other information (eg statistical material or data that does not relate to an identifiable person) is outside scope where the data controller is established—the DPA 1998 applies only to data controllers established in the UK who process personal data in the context of that establishment...
[Your] Will—[ name of testator ]— [ explanatory note ] This [ explanatory note ] sets out the key provisions of your Will in plain terms. Please review it carefully alongside your Will. If anything does not reflect our wishes, please tell [ me OR [ name of person to contact ] ] [ before you sign. ] Revocation When you execute this Will, any earlier Wills or codicils concerning [ your UK estate OR your worldwide estate ] are revoked. As a result, only this Will records your wishes on death in relation to [ your UK estate OR your worldwide estate ]. [ International aspects ] [ [ Your Will only covers your UK assets [ and your assets outside the UK will be dealt with by a separate, local Will OR and your assets outside the UK have already been dealt with by a separate, local Will ] OR Your Will covers your worldwide...
[Your ]Will—[ name of testator ]—[ explanatory note ] This [ explanatory note ] sets out, in clear terms, the key provisions of your Will. Please review it carefully alongside your Will. If anything fails to match your wishes, please inform [me OR [name of person to contact]] before you sign your Will. Revocation When you execute this Will, all earlier Wills or codicils concerning [your UK estate OR your worldwide estate] are revoked. Consequently, only this Will records your intentions on death. [ International aspects [ [ Your Will only covers your UK property [ and your property outside the UK will be dealt with by a separate, local Will OR and your property outside the UK has already been dealt with by a separate, local Will ] OR Your Will covers your worldwide estate ] . ] [ You state that you are domiciled in [ insert appropriate jurisdiction ]. ] [ You have chosen...
This Precedent includes a PowerPoint team brand workshop template with accompanying notes to help you run a session with your team to identify the key activities and values you want your business to be recognised for. It guides you and the group through sharing and refining ideas, then moves into setting concrete actions and clear next steps. 1 Meeting logistics Let the team know in advance that this will be a working session and ask them to consider how they add value to the business, arriving prepared to share their views. Have to hand paper, one pack of sticky notes per person, marker pens for everyone, and a space in the room where items can be put up on the wall. Plan for two and a half hours, including a 15-minute comfort break halfway through (based on five to ten attendees). Appoint someone in the team to help with timekeeping and to compile a list of actions, owners and timescales to capture at the end of the meeting....
Who can be the guardian of a Child Student? The Immigration Rules, Introduction, para 6.2 (Immigration Rules, Introduction, para 6.2(b)) sets out definitions for key terms such as ‘legal guardian’, ‘parent’ and ‘private foster care arrangement’. A ‘legal guardian’ is defined as ‘a person appointed according to local laws to take care of a child’. In the UK, questions of a child’s legal guardianship are typically decided by the family courts, or arise where parents have named a guardian to act if they die. That said, legal systems in other countries follow different procedures. Whether an individual has been duly appointed as a legal guardian ‘according to local laws’ in another jurisdiction is a matter of foreign law. Foreign law is treated as evidence and will usually need to be established by expert evidence (Hussein (Status of passports: foreign law) [2020] UKUT 00250 (IAC) (not reported by LexisNexis®UK)). Such expert evidence may include a letter from a lawyer qualified in the relevant jurisdiction, confirming the process by which the...
Clare Ambrose, Twenty Essex The party’s representative should liaise with the witness and the other side. It should seldom be impossible to resolve matters by arranging for evidence to be given remotely. Such an approach is fairly standard practice...
Planning obligations and local land charges A planning obligation made under a section 106 agreement constitutes a local land charge for the purposes of the Local Land Charges Act 1975 (LLCA 1975) and, accordingly, ought to be entered on the local land charges register as a local land charge. A local authority search should disclose planning obligations in relation to the property being searched against. If an obligation has not been recorded as a local land charge, it nonetheless binds a purchaser of the land, although the purchaser may seek compensation for any loss suffered as a consequence of the absence of registration. For more details, see Practice Notes: Planning obligations—key points and Planning local authority searches. Enforcement of planning obligations Section 106(4) of the Town and Country Planning Act 1990 (TCPA 1990) states that a section 106 agreement may stipulate that a person ceases to be bound by the agreement once they no longer hold an interest in the land...