Not Proceeded With meaning

Original news: Mr S (CAS-52887–B6H4) – 8 July 2024 Summary The PO has partly upheld a complaint concerning a scheme’s pension transfer due diligence. The complainant first applied to transfer before the Pensions Regulator (TPR) released its Scorpion guidance, then revived his request once that guidance was in force. The scheme ought to have identified several red flags, and its failure amounted to maladministration. Nonetheless, the scheme had sufficiently cautioned about the risks of pension scams, and the complainant would, in any case, have proceeded with the transfer. The PO’s decision underscores the importance of warning members about pension scam risks. What were the facts? Mr S was a member of the City and County of Swansea Pension Fund (the Scheme)...

Executor of Goudman-Peachey v HMRC [2025] UKFTT 1402 (TC) The taxpayer and her late husband acquired a rural estate for around £8 million. Although the holding comprised nine distinct Land Registry titles, the acquisition proceeded as a single deal. The estate included a principal house, two ancillary dwellings, a swimming pool and equestrian amenities, plus 150 acres used in part for deer and other animal grazing. The vendors had operated the property as an equestrian facility, for sheep grazing and as a commercial deer park, with a portion of land let to a farmer for maize cultivation. Two days before the transaction, the taxpayer entered into an agreement to buy the 130 deer on the estate and for the existing manager to continue...

From Munich, the UPC’s office issued a decision that wiped out an Amgen patent across all 17 EU Member States, covering key patent venues including Germany, France, the Netherlands and Italy. The outcome represents a significant victory for Regeneron and Sanofi, which produce Praluent, a cholesterol therapy that competes with Repatha. According to the UPC, ‘The patent as granted is invalid because it does not involve an inventive step’. Since 2014, the companies have been locked in a dispute with Amgen, which has maintained that the manufacture of Praluent infringes wording in multiple patents held by Amgen. In the US, the case appeared before a jury in a Delaware federal court, was subsequently overturned, and later proceeded to the highest court in the US in 2023, after many years of legal wrangling...

ARCHIVED : This Practice Note has been archived and is not maintained. This Note outlines the video hearings pilot that ran from 30 November 2018 to 30 November 2019, established by Practice Direction 51V. It allowed applications to set aside default judgments under CPR 12 to be dealt with by a video hearing. It applied only where the County Court had entered a default judgment for a specified sum of money. Use was optional; it proceeded only if all parties consented and had the necessary IT equipment. HMCTS released a newsletter giving details of the pilot. The 101st Practice Direction Update set out the pilot in its schedule. What is the purpose of the pilot scheme? The aim was to test a procedure for hearing applications to set aside default judgments entered under CPR 12 via an internet-enabled video link, to be referred to as a video hearing (Practice Direction 51V, para 1.2). The use of the video hearing...

The nature of the duty owed by bus drivers A bus driver owes the same duty to fellow road users, including passengers, as any other driver: to drive with the reasonable care and skill of a competent motorist. That competence must be evaluated in context, particularly for those operating buses, by reference to: the Highway Code the Driver and Vehicle Standards Agency's Official DVSA Guide to Driving Buses and Coaches Only with such a measured assessment of the duty of care can there be a meaningful decision on whether that duty has been breached. The County Court case of Kevin Graham v Go North East Limited (20 November 2017) (not reported by LexisNexis®) illustrates the delicate balance when applying this duty. A defendant bus driver collided with the claimant's vehicle at a crossroads controlled by traffic lights. He proceeded through a changing signal because he believed that not doing so, and braking, would endanger his passengers. The judge recognised the 'split...

Prepared in collaboration with a partner at the Jordanian law firm International Business Legal Associates, this overview explores key matters on merger control in Jordan... Note: to verify whether notification thresholds in Jordan and globally are met, please refer to Where to Notify... 1. Have there been recent developments regarding the Jordanian merger control regime and are any updates/developments expected in the coming year? Are there any other ‘hot’ merger control issues in Jordan? After the government tabled reforms in July 2022 to Competition Law No. 33 of 2004 (Original Competition Law), the package proceeded through the constitutional stages, was debated and approved by Parliament, and was subsequently ratified by His Majesty the King. The changes were enacted as Amending Law No. 12 for 2023, published in the Official Gazette on 16 April 2023 and entering into force on 16 May 2023 (Amending Law). The Original Competition Law together with the Amending Law is referred to as the Original Competition Law (as amended). From a merger control...

The court's role when considering a draft financial consent order When a draft financial consent order is presented for approval, the court does more than merely endorse what is put before it. It is obliged to examine the proposed terms and, relying on the details set out in the parties’ statements of information, may still seal an order in the agreed form, unless it has cause to suspect there are further circumstances that merit enquiry. The court’s discretion, preserved by the Matrimonial Causes Act 1973, always applies and is not displaced. Clients should be made aware of this position and cautioned that it cannot be guaranteed the court will approve the order (see Pounds v Pounds)...