Pre-accession strategy meaning

This Checklist sets out the matters to address when organising a mediation once the parties have agreed to mediate or the court has directed it. It covers three phases: arranging the mediation the period immediately before the mediation what is required at the mediation Arranging the mediation The form of mediation — Explore and agree with your client whether the session should be held in person, by phone, or ‘online’, i.e. remotely via video conferencing. See: Remote access mediation—checklist The mediator — Nominate and appoint a mediator. See Practice Note: Choosing a mediator The mediation fees / expenses — Confirm fees and expenses with the mediator; these are commonly apportioned between the parties. See Practice Note: Mediation costs—liability and recovery The mediation agreement — Settle the mediation agreement terms with the other party/parties and the mediator. See Practice Note: Organising a mediation The administrative arrangements — Arrange practical details for the mediation, including venue and...

Is there an actionable claim? Note: private competition claims are predominantly governed by national law, and procedural as well as substantive rules differ markedly across the EU; accordingly, when planning competition litigation, assessments will need to be made for each individual jurisdiction. Possible causes of action Assess whether UK competition law has been breached (or EU competition law where the period predates the end of the Brexit transition period). Determine if the loss arises from an agreement or concerted practice between undertakings, particularly between competitors (see further, The prohibition on restrictive agreements). Evaluate whether an undertaking that is arguably dominant—typically indicated by a substantial share of a relevant market—caused the loss through abusive conduct contrary to Chapter II of the Competition Act 1998 (and/or Article 102 TFEU if before the end of the Brexit transition period) (see further, The prohibition on abuse of dominance). Consider whether other national or foreign competition laws have...

This Checklist sets out a recommended approach for dealing with and responding to a freezing injunction. It serves as a starting point, highlighting the key issues you should consider when preparing your response. It is assumed that: the freezing injunction was made pre-action and without notice; and your client is the defendant in the underlying substantive claim For further guidance on freezing injunctions generally, see the following Practice Notes: Freezing injunctions—guiding principles Freezing injunctions—the application Freezing injunctions—the draft order Ensuring you have all the necessary documentation The applicant should have provided, at the very least, the following documents: the application notice the affidavit(s) in support the sealed order a transcript of the hearing the skeleton argument (if one was used at the hearing) If any of the above are missing, request them from the applicant’s solicitors as a matter of urgency. You will need...

We outline the FCA’s key messages from 2025, alongside predictions and practical tips to help you stay on the right side of the FCA in 2026. Fewer, faster investigations A refreshed stance on enforcement has been anticipated since Therese Chambers and Steve Smart assumed leadership of the FCA’s enforcement division in 2023, and the June 2025 update to the FCA Enforcement Guide made it official. The policy statement released with the revised guide confirmed that the FCA has raised the threshold, effectively raising the bar, for commencing an investigation and bolstered its pre-investigation assessment procedures. Addressing the City & Financial Global FCA Investigations and Enforcement Summit in October 2025, Therese Chambers, the FCA’s Joint Executive Director of Enforcement and Market Oversight, underscored the point, stating the FCA is running fewer investigations, at a faster pace. This reflects a 2025 objective to shrink the open caseload and bring ongoing investigations to a conclusion more quickly within a shorter time frame. Signs that this recalibrated enforcement strategy is...

How to operate ethically Suppliers should review the Data Ethics Framework and adhere to its principles. The Framework is available here Suppliers are accountable for clearly informing people why and when their data is shared, so they can be confident it is used lawfully, fairly and in an equitable way The core principles of the Data Ethics Framework are: respect for persons respect for human rights participation accounting for decision Have a clear value proposition Suppliers must make sure the product is designed to deliver a clear outcome for users or the system To secure a clear value proposition, thoroughly research and define user needs, and involve users across the entire life cycle of the product, including discovery, design, change and post-release review Then generate key performance indicators or other outcome measures to evidence success and highlight potential improvements Usability and...

In this issue: EU fundamentals Commercial Competition and state aid Financial services Environment Insurance and reinsurance IP Life sciences TMT International trade Daily and weekly news alerts New and updated content Trackers EU fundamentals The priorities of the Hungarian Presidency of the Council of the EU (July–December 2024) EU law analysis: The programme for the Hungarian Presidency of the Council of the EU has been released, outlining its agenda and strategic focus for 1 July to 31 December 2024. This analysis summarises the principal priorities for the Hungarian Presidency across Practice Areas. See News Analysis: The priorities of the Hungarian Presidency of the Council of the EU (July–December 2024)... Commercial Directive on common rules that promote the repair of goods published in Official Journal Directive (EU) 2024/1799 of the European Parliament and of the Council, dated 13 June 2024, on common rules encouraging the repair of goods—amending...

A first appearance in the magistrates’ court is primarily procedural. Although largely administrative, early choices at this stage can shape strategy and practical outcomes for how the matter proceeds. This Practice Note sets out how to get ready for a first hearing in the magistrates’ court, flags the core issues for practitioners, and notes the principal distinctions between acting for individual defendants and for corporate defendants. It summarises the vital preparatory tasks for both prosecution and defence lawyers, together with pointers on completing the necessary forms. To prepare effectively, advocates must predict the likely course of the hearing and secure all relevant instructions in advance. The court expects an effective hearing and is reluctant to allow adjournments save where absolutely necessary. Both sides are obliged to actively assist the court so the case is dealt with efficiently. Thorough preparation safeguards and advances the client’s position and ensures the court has the information required for the case to move forward smoothly. For further guidance on the stages of criminal proceedings,...

This Practice Note sets out how to build a negotiation approach, offering tips on organising facts, aligning with client goals (including identifying the best alternative to a settlement), appraising the other side’s stance, selecting negotiation techniques, and deciding whether to open with a settlement proposal or a preliminary discussion. For direction on who should participate in settlement talks, and on confidentiality and the effect of ‘subject to contract’, see Practice Note: Settling disputes—who, confidentiality and subject to contract. For assisted routes to settlement, see Practice Note: What is ADR? and related material. For guidance on making offers and recording a deal, see Practice Notes: Settling disputes—settlement offers (Calderbank, WPSAC and Part 36) Settling disputes—how to document a settlement and related content Settling disputes—an early strategy for settlement A stage of litigation involves exchanging information under an applicable pre-action protocol or, if none governs the claim, under the Practice Direction Pre-Action Conduct and Protocols. The Letter of Claim and the Letter of...

This Practice Note sets out a succinct overview of the points to address when a personal injury letter of claim arrives and you must respond. For top-level guidance on drafting such a letter, see Practice Note: How to prepare a personal injury letter of claim. For direction on replying to a clinical negligence letter of claim, see Practice Note: How to respond to a letter of claim in clinical negligence claims. Initial considerations whether the claimant appears to have a viable cause of action — can you form an early view on their legal case and/or any potential defence (for instance, whether it might be out of time under the relevant limitation period) the likely quantum of the purported claim, which will typically shape what steps are proportionate at the pre-action stage whether the correspondence meets the requirements of any applicable pre-action protocol — note that the Practice Direction Pre-Action Conduct and Protocols (the Practice Direction) contains provisions to be considered in all matters...

Lead for the strategy review [ insert name ] (strategy lead) Coordinator [ insert name of a person who will assist with coordination ] 1 Start strategic review process Action/question Status/response Date completed Name of the individual directing the process: [ insert name ] [ insert date ] Name of the person supporting the process and responsible for logistics/planning and deliverables: [ insert name ] [ insert date ] Away day delegates: [ insert all names ] [ insert date ] Is an external facilitator required?...

Crisis management panic sheet This Crisis management panic sheet sets out guidance for the immediate aftermath (first 12 hours) of any crisis not addressed by a different dedicated plan. [ Insert organisation's name ] maintains separate plans and strategy documents for particular incidents, eg [ data security breach, internal investigation, dawn raid and business continuity failure ]. Refer as well to the Crisis management action list, which is attached to our Crisis management plan. 1 Assemble crisis management team Form a crisis management team without delay, appointing an individual to lead it. Even with a pre-drafted line-up, always ensure the final composition fits the specific crisis and is kept as lean as practicable. Alert all members at once, with round-the-clock contact and availability. 2 Conduct a preliminary, high-level assessment Carry out an initial review of the incident and its possible worst-case scenario impact and implications in broad terms overall...

[ Insert name and address of client ] Private and confidential Dear [ insert name ] Your [ potential ] employment tribunal claim against [ Insert name of employer ] [ After our recent [ discussions OR correspondence ], ] I write regarding the potential resolution of your [ employment dispute OR employment tribunal claim ]. [ [ As you are aware, any prospective tribunal claim must proceed through early conciliation. Once Acas has the necessary information [ (as outlined in my previous letter) ], the parties can enter a phase of pre-claim conciliation discussions. OR As you are aware, your tribunal claim is listed to be heard at the [ insert venue ] employment tribunal on [ insert date ]. ] ] Settlement [ [ As part of early conciliation, we OR We ] have received a proposal to settle from [ your [ former ] employer OR the respondent ] for £[ insert figure ]. OR I would advise that you put...