Lawyer-controlled body meaning

Alrubie v Chelsea Football Club Ltd and another [2025] EWHC 541 (Comm) What are the practical implications of this case? This decision will particularly interest arbitration practitioners and professionals working in sports clubs, and could equally concern other organisations whose members are controlled by association rules. Commonly, those participating in professional sports clubs accept, by reason of their membership, that they are bound by the club’s rulebook and by the regulations of any national and worldwide governing bodies. Such regimes routinely incorporate arbitration agreements, owing in part to the confidentiality of arbitral proceedings, which protects against undesirable public attention, and in part to the ability to appoint arbitrators with specialist knowledge of the sport’s rules and industry practices. The case clarifies that these rules may have ‘horizontal’ contractual effect between members, as well as ‘vertical’ effect between each member and the governing body, notwithstanding the absence of any express bilateral agreement between members. It underlines how membership-based governance can, through the acceptance of rulebooks, generate binding obligations that...

In this issue: Building safety Adjudication Daily and weekly news alerts New and updated content Construction trackers Building safety CIC clarifies competence requirement in Building Regulations The CIC has set out guidance on the ‘general competence’ duty for professional construction consultants to evidence capability, as required by Part 2A of the Building Regulations etc (Amendment) (England) Regulations 2023, SI 2023/911. Anyone involved in controlled building work must be competent for the tasks to which they are appointed. Competence is specific to each particular project, and proof may include appropriate qualifications, professional registration with a relevant body, and completion of a suitable health and safety test. Designers and principal designers submitting evidence of competence do not need to obtain a Certification Scheme for Construction Skills (CSCS) card to prove their competence, nor is a CSCS card necessary to access a construction site...

A lengthy review by the Civil Justice Council (CJC) — the body advising government and the judiciary on civil justice and procedure across England and Wales — will consider whether the sector requires tighter oversight than now. It will also explore if funders’ profits ought to be limited, and whether changes in statute should be brought forward. The final report, anticipated in the summer of 2025, may trigger a profound shift across the litigation‑funding market indeed. Here, Law360 sets out the principal themes now clearly emerging. Regulation splits opinion Litigation funders currently self‑police under the Association of Litigation Funders’ code of conduct. Yet views on extending this to formal regulation remain sharply divided today. Moreover, the sector’s expanding scale, coupled with several recent high‑profile cases, has significantly heightened scrutiny. The Legal Services Board, which supervises lawyer regulation in England and Wales, proposes that the Financial Conduct Authority (FCA) should intervene and regulate litigation funders so as to safeguard consumers. Engagement with the present voluntary regime is limited—only 16...

This Practice Note considers what is meant by company and by accounting period for the purposes of the controlled foreign company (CFC) regime. The definition of company identifies which entities may constitute CFCs, while the definition of an accounting period fixes the timeframe in which a CFC charge may arise and against which other conditions are assessed. These are therefore key concepts to grasp. Meaning of company in the CFC context Apart from the position of cell companies, noted below, ‘company’ in the CFC sphere adopts the broad Corporation Tax Acts sense of any body corporate or unincorporated association (explored further in Practice Note: What is the basis of corporation tax?—Who is liable to pay corporation tax?). The expression ‘body corporate’ is not defined in UK tax legislation and bears its ordinary meaning...

This tracker tool tracks and summarises key new legislation and consultations in England and Wales linked to contamination, pollution and environmental permitting. In England and Wales, the following regimes govern contamination, pollution and environmental permitting: Contaminated land regime under Part IIA of the Environmental Protection Act 1990 (EPA 1990): addresses land contamination that is causing, or where there is a significant possibility of causing, significant harm to human health (including property), living organisms, interference with ecological systems, or impacts on controlled waters. The Environmental Damage (Prevention and Remediation) (England) Regulations 2015, SI 2015/810, and the Environmental Damage (Prevention and Remediation) (Wales) Regulations 2009, SI 2009/995 (EDR): apply to environmental damage, defined as damage to: a protected species or natural habitat that has a significant adverse effect on achieving or maintaining the favourable conservation status of that species or habitat a site of special scientific interest (SSSI) where the integrity of the site is adversely affected surface water...

This Resource Note summarises the core provisions of Rule 21 of the City Code on Takeovers and Mergers (the Code). It covers the limits on an offeror taking frustrating action in connection with an offer, and the approach to inducement fees and other offer-related arrangements. Rule 21 also mandates that competing offerors are given equivalent information, and that the offeree’s independent directors receive all information supplied to external finance providers in a management buy-out. It signposts relevant materials, commentary and guidance from the Panel on Takeovers and Mergers (the Panel), alongside Lexis+® UK analysis and resources, to provide practical direction on the interpretation and application of Rule 21... Materials covered in this Resource Note include: Practice Statements issued by the Panel Executive (the body responsible for the day-to-day supervision and regulation of takeovers) (Executive), offering informal guidance on how the Executive typically interprets and applies the Code Panel Statements issued by the Panel (P/S) and Panel Instruments Public Consultation Papers (PCP) and Response Statements...

Insert the following definitions as new definitions into clause 1 of Precedent: Share purchase agreement—pro-seller—individual sellers—unconditional—long form: 1 Definitions and interpretation Sanctioned Activity • any conduct subject to sanctions set by a Sanctioning Body; Sanctioning Body • the UK, USA, EU and any other relevant authority imposing/administering sanctions; Sanctioned Entity • any person or entity that is, or is owned/controlled (directly or indirectly, per Sanctions Laws) by, a party sanctioned or listed by a Sanctioning Body; Sanctions Laws • all applicable law on Sanctioned Activities binding any Party or this Agreement’s performance; Sanctions Policy • the Sellers’ sanctions policy in Appendix [ insert Appendix number ], as updated and notified to the Buyer; 1.2 The Sellers and the Group Companies, as at the date of this Agreement and throughout its term: are not Sanctioned Entities; have not been notified of any investigation into a Sanctioned Activity; are unaware of Business circumstances that could give rise...

Insert the following definitions as new definitions into clause 1 of Precedent: Share purchase agreement—pro-buyer—corporate seller—conditional—long form: 1 Definitions and interpretation Sanctioned Activity: activity subject to a Sanctioning Body’s sanctions. Sanctioning Body: United Kingdom, United States of America, European Union, and any other authority administering sanctions. Sanctioned Entity: any person or entity that is, or is owned or controlled (directly or indirectly) by one that is, sanctioned or on a designated list of a Sanctioning Body; ‘owned or controlled directly or indirectly’ has the meaning in Sanctions Laws. Sanctions Laws: all law on a Sanctioned Activity binding either Party or the Agreement’s performance. Sanctions Policy: the Seller’s sanctions policy in Appendix [insert Appendix number], as updated and notified to the Buyer. is not a Sanctioned Entity; has not been notified of any Sanctioned Activity investigation; is unaware of Business circumstances likely to prompt such investigation; shall comply with Sanctions Laws and the Sanctions Policy; ...

Insert the following definitions as new definitions into clause 1 of Precedent: Asset purchase agreement—short form: 1 Definitions and interpretation Sanctioned Activity • means any act subject to sanctions imposed by the Sanctioning Body; Sanctioning Body • includes the United Kingdom, United States of America, European Union, plus any other relevant local, national or multinational governmental agency, ministry, official parliament, public or statutory person, or any governmental or professional body, regulator or supervisory authority, board or other entity charged with imposing and/or administering sanctions; Sanctioned Entity • denotes any individual or organisation that is, or that is owned or controlled ...