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Prepared in conjunction with 4 Pump Court, this Checklist serves as a springboard for a responding party drafting its Response in an adjudication. The matters to be tackled will vary with the dispute’s specific facts and circumstances, but the list sets out the principal points to weigh and directs you to guidance on each. See also Practice Note: Adjudication—the Response for help on the Response, including practical drafting tips, and Checklist: Key issues to consider on receipt of a Notice of Adjudication. Initial considerations Identify any requirements for the Response, including its service deadline and any stipulations as to form and/or content, for example: are there express provisions about the Response in the parties’ contract or the applicable adjudication rules? has the adjudicator issued directions for the Response (which may override contractual requirements)? Timing: there is no statutory time limit for serving a Response, but the adjudicator will usually set a date for service. Consider whether there is sufficient time to review the...
In this issue: Competition and state Data protection and cybersecurity Free movement, immigration and employment Financial services Energy Environment Insurance and reinsurance Life sciences Regulatory TMT International trade LexTalk®EU Law: a Lexis®Nexis community Daily and weekly news alerts New and updated content Trackers Competition and state Mergers-Commission withdraws Article 22 guidance The Commission has rescinded its 2021 communication that offered direction on the application of the Article 22 EUMR referral mechanism to particular categories of cases (the Guidance). Following a review of the EUMR’s turnover-based jurisdictional thresholds, the Commission issued the Guidance in March 2021, outlining a revised approach to Article 22. This approach permitted any Member State to invite the Commission to scrutinise a merger without an EU dimension where it nonetheless (i) affects trade within the Single Market and (ii) threatens to significantly affect competition within the territory of the Member State(s) making the request. See...
Note: the CPRC has ceased distributing the underlying papers with the minutes; consequently, no background documents explaining the issues are supplied with this News Analysis. A copy of the minutes is available here: Minutes of the Civil Procedure Committee. Welcome, action log and matters arising (item 1) The minutes of the meeting on 1 November were approved—see News Analysis: Minutes of the CPR Committee meeting—1 November 2024. The following items were considered: Domestic Abuse Protection Orders (DAPO) pilot—the pilot CPR PD 51ZF took effect on 27 November 2024. The Chair stressed the value of cross-jurisdiction collaboration and confirmed out-of-committee approval of the judicial working group’s template orders. CPR PD 83 Possession Enforcement reforms—the significant effort on the reforms, and the retitling of a prescribed form by removing ‘A’ from PF92A, were acknowledged. The recommended changes were duly approved. CPR 52 Appellant’s Notice Consultation—this was discussed and agreed under item 2 at the Minutes of the CPR Committee meeting—4 October 2024...
Mergers CMA issues interim report in ABF/Hovis merger in phase 2 investigation; provisionally finds competition concerns in supply of bread and certain bakery products in Northern Ireland, but not in Great Britain The CMA has released its interim report and interim notice for its phase 2 inquiry into the proposed purchase of Hovis Group Limited (Hovis) by Associated British Foods plc (ABF), to be effected through ABF Grain Products Limited. ABF, a London-headquartered, international group spanning food, ingredients and retail, operates across five divisions, including grocery and retail. Via its UK bakery arm, Allied Bakeries (AB), it makes and supplies both branded and own-label bread and bakery goods, with brands such as Kingsmill, Allison’s and Sunblest. Hovis produces and distributes branded and private label bread and other bakery products, chiefly under the Hovis and Mothers Pride names. Since 2020, it has been owned by Endless, a UK-based private equity firm. On 8 January 2026, the CMA sent the deal to an in-depth phase 2 assessment using the statutory fast-track...
This Practice Note centres on appeals against conviction, sentence, and related orders pursued in the Court of Appeal Criminal Division (CACD) under the Criminal Appeal Act 1968 (CAA 1968), and in accordance with the Criminal Procedure Rules 2025 (CrimPR 2025), SI 2025/909, Parts 36 and 39. It also considers applications advanced by the Attorney General under section 36 of the Criminal Justice Act 1972 (CJA 1972) or section 36 of the Criminal Justice Act 1988 (CJA 1988). It outlines how an appeal is commenced, namely by lodging an application for leave to appeal directly with the Court of Appeal. For further information on obtaining certificates declaring a case fit for appeal from the Crown Court, see Practice Note: Criminal appeals—certificates of fitness to appeal from the Crown Court. For detailed guidance on progressing an appeal in the CACD, see Practice Note: Conducting an appeal in the Court of Appeal Criminal Division (CACD). When can an appeal be made to the Court of Appeal? An appeal to the CACD...
This Practice Note has been prepared in collaboration with Ms Koh Swee Yen, Senior Counsel and Partner, Mr Joel Quek, Partner, Ms Magdalene Ong, Partner, Ms Divya Harchandani, Foreign Lawyer, and Ms Thea Elyssa Vega, Foreign Lawyer, all from WongPartnership LLP, Singapore. The seventh edition of the SIAC Rules took effect on 1 January 2025 and can be accessed here. This note addresses how to initiate arbitration under the Arbitration Rules of the Singapore International Arbitration Centre (SIAC) (7th edition) 2025 (the 2025 SIAC Rules). Please note that Singapore judgments mentioned in this Practice Note are not reported by LexisNexis® UK. Prior to commencing an arbitration Before beginning an arbitration, there must be a ‘dispute’ that is capable of referral to arbitration. At the outset, assess whether an arbitration agreement exists and whether there is a ‘dispute’ that may properly be referred to arbitration. Consider as well any additional jurisdictional objections a respondent might advance. The following matters should be reviewed prior to starting any arbitration (among others):...
The general anti-abuse rule (the GAAR): neutralises—by making adjustments, on a just and reasonable basis, undertaken either by HMRC or by the taxpayer—for the purposes of counteraction any tax advantages that, leaving the GAAR out of account, would otherwise arise from abusive tax arrangements, and has operated since 17 July 2013 (being the date of Royal Assent to the Finance Act 2013 (FA 2013)), except that, for National Insurance contributions (NICs), it has applied only from 13 March 2014 This Practice Note explains: that the GAAR can be applied by taxpayers or by HMRC as appropriate in the circumstances how to determine which adjustments should be made to counteract abusive tax advantages in practice the procedure for counteraction by HMRC, including: the different kinds of notices that HMRC may give to a taxpayer and the separate GAAR procedures linked to such notices the point that, if the taxpayer does not...
In respect of the Housing Grants, Construction and Regeneration Act 1996, and in respect of an adjudication before [ Name of Adjudicator ] between [ Name of party 1 ], the Referring Party, and [ Name of party 2 ], the Responding Party Referral notice Introduction In accordance with the Notice of Adjudication dated [ date ], this document serves as the Referring Party’s Referral Notice. This Referral Notice is issued with a Bundle that contains a timeline of events alongside pertinent documents: 2.1 chronology of relevant events at tab [ insert ] 2.2 [ insert ] at tab [ insert ] 2.3 [ insert ] at tab [ insert ] The Parties 3 The Referring Party is [ Full Name of Party 1 ] ([ ‘Abbreviated Name of Party 1’ ]) of [ address ], and [ provides OR undertakes ] [ insert services/role Party 1 carries...
IN THE MATTER OF the Housing Grants, Construction and Regeneration Act 1996 AND IN THE MATTER OF an adjudication before [ Name of Adjudicator ] Between [ Name of party 1 ], the Referring Party, and [ Name of party 2 ], the Responding Party RESPONSE Introduction This document is the Responding Party’s response to the Referring Party’s Referral Notice, served on [ date ] (the Referral). A supporting bundle accompanies this Response, comprising the following materials: chronology of relevant events at tab [ insert ] (Tab [ insert ]) [ insert ] at tab [ insert ] (Tab [ insert ]) [ insert ] at tab [ insert ] (Tab [ insert ]) References within this Response to the documents and materials appended to the Notice of Adjudication and the Referral follow the terminology and document labels adopted by the Referring Party. This Response focuses on the...
[ Address/headed paper of responding party ][ Date ][ Address of adjudicator ] Dear [ insert name of adjudicator ] In the matter of an adjudication between [ referring party ] v [ responding party ] Lack of jurisdiction as an adjudicator We have received: Notice of Adjudication dated [ date ] Referral Notice dated [ date ], served [ date ], by [ referring party ] Your letter of [ date ] accepting appointment as adjudicator. We respectfully say you lack jurisdiction to act, commence or continue this adjudication. General reservation of rights We reserve the right to raise jurisdictional or other objections later: in this or any adjudication, enforcement or other proceedings; whether or not previously raised; and any submissions herein are without prejudice to these rights. Specific objections You have no jurisdiction to decide this dispute because: [ insert reasons ] No jurisdiction...