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ARCHIVED: This Flowchart has been archived and is not maintained. Retained EU law is a concept introduced by the European Union (Withdrawal) Act 2018 (EU(W)A 2018) as part of Brexit preparations, establishing a new category of domestic legislation. It denotes the collection of EU‑derived rules preserved and converted into UK law under the EU(W)A 2018 (as amended) at the end of the post‑Brexit transition period (IP completion day). For background on the transition period, and what it means for retained EU law, see: In the context of Brexit, what is meant by the ‘transition or implementation period’? For further background reading on the underlying legislation, see: Practice Note: Brexit—key legislation explained News Analysis: What does IP completion day mean for the status of EU law in the UK? What is retained EU law? Retained EU law is a broad, complex legal term defined by the EU(W)A 2018. It covers anything that continues to form part of domestic law on or...
STOP PRESS: The Financial Remedies Guide 2026, issued on 13 March 2026 by Mr Justice Peel (National Lead Judge of the Financial Remedies Court) and His Honour Judge Hess (Deputy National Lead Judge of the Financial Remedies Court), and approved by the President of the Family Division, replaces and supersedes the following: Statement on the efficient handling of financial remedy cases assigned to a High Court judge, whether sitting at the Royal Courts of Justice or in any other venue (1 February 2016) (the High Court judge level efficiency statement) Statement on the efficient conduct of financial remedy hearings in the Financial Remedies Court below High Court judge level (11 January 2022) (the below High Court judge level efficiency statement) Financial Remedies Court Primary Principles document (11 January 2022) Notice from the Financial Remedies Court on electronic bundles (19 April 2022) Allocation of financial remedies cases to High Court judge level (21 May 2024) This document is being updated...
STOP PRESS: The Financial Remedies Guide 2026, released on 13 March 2026 by Mr Justice Peel (National Lead Judge of the Financial Remedies Court) and His Honour Judge Hess (Deputy National Lead Judge of the Financial Remedies Court), and approved by the President of the Family Division, now replaces and supersedes: the Statement on the efficient conduct of financial remedy cases assigned to a High Court judge, whether heard at the Royal Courts of Justice or elsewhere (1 February 2016) (the High Court judge level efficiency statement) the Statement on the efficient conduct of financial remedy hearings in the Financial Remedies Court below High Court judge level (11 January 2022) (the below High Court judge level efficiency statement) the Financial Remedies Court Primary Principles document (11 January 2022) the Notice from the Financial Remedies Court: electronic bundles (19 April 2022) the Allocation of financial remedies cases to High Court judge level (21 May 2024) This document is being updated...
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Mergers The Commission cleared: Hartree Partners Holdings, LP’s acquisition of exclusive control of Touton S.A. (M.12189), following a phase I investigation—see further in Midday Express the establishment of a joint venture by EVH Grüne Energie – Beteiligung GmbH & Co. KG and HSBC Alternative Investments S.C.A. SICAV-RAIF (M.12240), following a phase I investigation—see further in Midday Express the setting up of a joint venture by RCL Cruises Ltd....
Competition policy Commission publishes report on enforcement of EU antitrust and merger control rules in the pharmaceutical sector between 2018–2022 The Commission has issued a report on competition enforcement—covering antitrust and merger control—in the pharmaceutical sector, outlining the activities undertaken by the Commission and national competition authorities during 2018 to 2022. It updates an earlier 2019 report that examined the period from 2009 to 2017. Alongside a broad overview of enforcement in pharmaceuticals, the report describes the sector’s key features that guide competition assessments and, through concrete and practical examples, clearly demonstrates how competition law action protected undertakings and consumers, including in the course of the Covid-19 crisis...
Antitrust A fresh appeal has been filed before the General Court in Case T- 19/25, Teva Pharmaceutical Industries and Teva Pharmaceuticals Europe v Commission, challenging the Commission’s decision in Teva (Copaxone) (AT.40588) and requesting that the fine-imposing infringement ruling be annulled—see further, application A fresh appeal has been submitted before the General Court in Case T- 682/24, Red Bull and Others v Commission, brought against the Commission for failing to reimburse additional costs incurred due to the disproportionate prolongation of an inspection—see further, application NOTE—For all...
FORTHCOMING CHANGE relating to the modernisation of stamp taxes on shares framework: In 2027, stamp duty and SDRT are set to be superseded by a single, self‑assessed tax on securities — the securities transfer charge (STC) — to be paid and reported via a new online portal. The STC’s core features are expected to broadly reflect the proposals consulted on in 2023. Finance Act 2026 (FA 2026) confers a power for secondary legislation to let taxpayers trial the digital service, self‑assessing their stamp taxes on securities liabilities and submitting transactions electronically. For further details on the modernisation of stamp taxes on securities, see: News Analyses: Budget 2025—Tax analysis—Stamp and transfer taxes Tax update spring 2025—Stamp taxes on shares modernisation Tax update spring 2025—Tax analysis—Stamp and transfer taxes TAMD 2023—Stamp taxes on shares modernisation TAMD 2023—consultation—stamp taxes on shares Tax Administration and Maintenance Day—27 April 2023—Stamp and transfer taxes The government also consulted on modernising and clarifying...
FORTHCOMING CHANGE relating to UK transfer pricing: At Budget 2025, the government confirmed that it intends to move ahead with a new duty on in‑scope multinationals to submit annual information regarding cross‑border related party transactions and dealings for accounting periods starting on or after 1 January 2027. The detailed rules for the new ‘International Controlled Transactions Schedule’ (ICTS) are expected to be formally issued for technical consultation during spring 2026. A consultation on this measure ran from April through to July 2025. See News Analysis: Budget 2025—Tax analysis—International. This Practice Note reviews the UK transfer pricing rules as they apply to chargeable periods (referred to in this Practice Note for ease and convenience as ‘accounting periods’) commencing before 1 January 2026. Note that the Finance Act 2026 introduced a range of reforms to the UK’s transfer pricing regime, most of which apply for accounting periods beginning on or after 1 January 2026, subject to specified transitional provisions. For wider background on transfer pricing, see Practice Notes: Transfer pricing—what is...
This new starter guide offers a primer on trade mark law, distilling the core principles and signposting numerous Lexis+® UK sources and materials for fuller detail. It is aimed at trainee solicitors and readers new to trade marks. Details of other intellectual property (IP) rights, including further starter guides, appear in Practice Note: Intellectual property (IP)—new starter guide. Where topics sit beyond this basic outline, explore the three Trade marks/passing off subtopics: Trade mark transactions and management; Trade mark and passing off disputes; Anti-counterfeiting. For concise summaries of each, see: Trade mark transactions and management—overview; Trade mark and passing off disputes—overview; and Anti-counterfeiting—overview. This guide also explains how to subscribe to the IP daily and weekly news alerts and how to contact LexisAsk... Introductory materials Absolute and relative grounds for refusal to register a UK trade mark Managing a trade mark portfolio Trade mark infringement—UK Introduction to passing off Anti-counterfeiting in the...
FORTHCOMING CHANGE: The government has set out its proposals to apply inheritance tax to unspent pension pots on death, effective from 6 April 2027. For further details, please see News Analysis: HMRC confirms new IHT rules on unused pension funds to apply from 6 April 2027...
STOP PRESS: The Financial Remedies Guide 2026 Published on 13 March 2026 by Mr Justice Peel (National Lead Judge of the Financial Remedies Court) and His Honour Judge Hess (Deputy National Lead Judge of the Financial Remedies Court), and approved by the President of the Family Division, the Guide supersedes and replaces: the Statement on the efficient conduct of financial remedy cases assigned to a High Court judge, whether at the Royal Courts of Justice or elsewhere (1 February 2016) (the High Court judge level efficiency statement) the Statement on the efficient conduct of financial remedy hearings in the Financial Remedies Court below High Court judge level (11 January 2022) (the below High Court judge level efficiency statement) the Financial Remedies Court Primary Principles (11 January 2022) the Notice from the Financial Remedies Court concerning electronic bundles (19 April 2022) the Allocation of financial remedies cases to High Court judge level (21 May 2024) This document is being updated...
The issue Sadly, pandemics trigger spikes in criminal online activity; such crises give fraudsters a hook to target people across the globe. As many of us work remotely, we must stay alert to cyber-attacks against both home and workplace systems. Throughout the coronavirus pandemic, criminals are exploiting the situation to pose as local or national governments, regional or global health organisations, and trusted news outlets. Beyond phishing emails, they are also using: text messages to mobiles claiming to be from official bodies, e.g. the UK Government; bogus pandemic-themed websites that deliver malware and malicious apps; impostors pretending to be VPN or portal support to harvest employee credentials. What we need from you It remains essential to use only standard procedures and company-issued IT tools during a pandemic. Any variations to our processes must be fully recorded, reviewed and approved by management, and shared via normal internal communication channels...
Quia timet injunction The court is able to issue an injunction on a quia timet footing where there is cogent evidence that the respondent threatens or intends to harm a clear right of the applicant. In the recent case of Kazakhstan Kagazy PLC v Zhunus, Leggatt J in the High Court reviewed (at paragraphs 76 to 81) the line of authority that has built upon the court's equitable jurisdiction, aiming to provide advance assistance to a person with a right of indemnity by granting quia timet relief prior to any loss being sustained. That approach reflects the court's willingness to lend assistance in advance to protect indemnity rights. For further details, see News Analysis: Contribution claims and freezing injunctions (Kazakhstan Kagazy v Zhunus). In Re Richardson ex p Governors of St Thomas's Hospital, Cozens-Hardy MR set out the jurisdiction in these terms: at common law, given a contract of indemnity, no action could be brought until actual loss had been incurred; in equity the view was otherwise. Equity has...
For the purposes of this Q&A, we have not taken into account the EU–UK Trade and Cooperation Agreement (TCA), as it is not directly enforceable; it is for the UK to give effect to its terms (insofar as not already addressed by the European Union (Future Relationship) Act 2020). For further detail, see News Analysis: Implementing the TCA—business immigration implications. As the EU citizen employees fall outside the EU Settlement Scheme and are not eligible for a frontier worker permit, the main immigration options to review are: Intra-Company Skilled Worker Visitor T5 International Agreement Worker Each category is discussed in more detail below. Intra-Company routes The Intra-Company routes allow organisations with connected overseas entities to transfer certain staff to their UK offices. From 1 January 2021, these routes cover EEA and Swiss citizens as well as non-EEA citizens. Both routes require a minimum period of prior employment with the overseas linked entity. As the EEA citizens are engaged...
The Health Protection (Coronavirus Restrictions) (No 5) (Wales) Regulations 2020, SI 2020/1609 Coming into force on 18 December 2020 under powers granted by the Public Health (Control of Disease) Act 1984, these Regulations lapse at the close of 26 November 2021. Their aim is to outline assorted measures and limitations prompted by the coronavirus (COVID-19) pandemic. Part 3 of the Health Protection (Coronavirus Restrictions) (No 5) (Wales) Regulations 2020, SI 2020/1609 (reg 5) prescribes that an individual must self-isolate if they test positive for coronavirus, or if they have had close contact with someone who has. For this purpose, ‘close contact’ in SI 2020/1609, reg 5(1) is contact that a contact tracer assesses could create a risk of infection or contamination with coronavirus. This includes face-to-face interaction at less than one metre, being within two metres of a person for more than 15 minutes, or travelling in a car, in close proximity on a plane, or in the same carriage in...