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Antitrust Advocate General suggests Google’s refusal to provide third party access to Android Auto platform may breach Article 102 TFEU Advocate General Laila Medina issued her opinion in Case C- 233/23 Alphabet and Others, a national reference from Italy that seeks guidance and clarification on whether Google’s stance of denying third-party access to Android Auto (a mobile app for Android devices) infringes Article 102 TFEU. For context, Google is the developer of Android OS, an open-source operating system for Android mobile devices. In 2015, Google rolled out Android Auto, an app for mobile devices with an Android operating system that allows motorists to use certain smartphone apps via a car’s integrated display. Independent developers are able to produce iterations of their own apps that work with Android Auto by applying templates supplied by Google. Enel X (part of the Enel Group) delivers electric car charging services. In May 2018, it introduced JuicePass, an app which provides a suite of features for charging electric vehicles. In September 2018, Enel X...
Banking & Finance—October 2024 case round-up Brierley v Otuo and others [2024] EWHC 2549 (Ch) — Security: cost recovery on legal mortgages The court refused the mortgagee’s appeal against a 28 July 2023 order that barred recovery of sale and enforcement costs on specified properties. The decision followed the established rule on legal mortgages set out in Fisher & Lightwood’s Law of Mortgage (paragraph 55.6). Put simply, unless the mortgage contains an express term, there is no implied duty on the mortgagor to pay the mortgagee’s costs, charges and expenses, so they cannot be recovered from the mortgagor personally, save where personal liability has arisen in the particular case. Nevertheless, those costs are rolled into the secured indebtedness and, as against the mortgagor and anyone with an interest in the equity of redemption, they are treated as part of the amount owing under the security and must be satisfied as a condition of redemption......
National Security and Investment Act 2021 High Court refuses application for interim relief by FTDI Holding regarding national security order to sell its shares in Future Technology Devices International Limited Delivering its judgment in FTDI Holding Ltd v Chancellor of the Duchy of Lancaster, the High Court considered an application for interim relief against a decision of the Chancellor of the Duchy of Lancaster (the defendant) requiring FTDI Holding Ltd (FTDI Holding) to dispose of its 80.2% holding in Future Technology Devices International Limited (FTDI). The High Court refused the request and did not grant interim relief...
Sovereign debt restructuring techniques The build-up of public liabilities and their steady rise have triggered repayment difficulties and, in some instances, default. Consequently, as states accumulate untenable debt loads (i.e. when the debt-to-gross domestic product ratio climbs so high that policy measures cannot reverse it), the imperative to reorganise their sovereign obligations intensifies. In broad terms, sovereign debt restructuring refers to the set of methods employed by sovereigns to avert or address financial and economic turmoil and to restore debt to sustainable levels. The bulk of sovereign borrowing is evidenced through bond issues (domestic or international) and, on occasion, commercial loans. Multilateral liabilities are not subject to restructuring (at most, rolled-over), while bilateral exposures are typically rescheduled or reworked under the auspices of the Common Framework or the Paris Club. Sovereign debt workouts comprise two dimensions: procedural and substantive. The procedural limb concerns how the reorganisation is undertaken (e.g. by invoking collective action clauses (CACs) or via an exchange offer, sometimes supported by other techniques), whereas the substantive limb...
This Practice Note This Practice Note examines provisions in the Working Time Regulations 1998 (WTR 1998), SI 1998/1833 regarding entitlement to statutory paid holiday, or annual leave, for irregular hours workers and part-year workers for leave years commencing on or after 1 April 2024. The amendments to the WTR 1998 address the issue raised in Brazel, where the Supreme Court decided that a part-year worker — a visiting music teacher paid by the hour with no guaranteed minimum or normal hours, who received pay for hours worked that month plus holiday pay at 12.07% — was entitled to 5.6 weeks of paid leave that was not to be pro-rated against a full-time worker. For a worker who is an irregular hours worker or a part-year worker in a leave year beginning on or after 1 April 2024, the right to paid holiday is governed by WTR 1998, SI 1998/1833, regs 15B–15F, rather than WTR 1998, SI 1998/1833, regs 13 and 13A. The consequence is that: the...
Paid holiday benefits both employers and workers by allowing workers a period of relaxation and recuperation. Paid annual leave rights may arise from statute (ie through legislation) or from contract (ie via terms in the employment contract). This Practice Note addresses the position of: all workers for leave years starting on or before 31 March 2024 workers other than irregular hours and part‑year workers for leave years starting on or after 1 April 2024 It does not cover irregular hours and part‑year workers (as defined in WTR 1998, SI 1998/1833, reg 15F), for whom distinct rules apply for holiday years commencing on or after 1 April 2024, including in relation to: how holiday pay is calculated, and the ability to use rolled‑up holiday pay The position of those workers is set out in our separate Practice Note: Statutory paid holiday—irregular hours workers and part‑year workers. This Practice Note examines the statutory right of workers in...
Contract of employment dated [ insert date ] Parties 1 [ Name of Employer ] [ of [ insert address ] OR a company incorporated in [ England and Wales ] (registered number [ insert number ]) whose registered office is at [ insert address ] ] (we or us); and 2 [ Name of employee ] of [ insert address ] (you). 1 Appointment 1.1 We agree to employ you in line with the terms and conditions contained in this agreement herein. 1.2 [ [ Option 1: Continuity (no previous PERIOD of employment counts): ] Your employment with us under this agreement hereunder [ will commence OR commenced ] on [ insert date ] (the 'Start Date'). Your continuous employment with us [ commenced on OR will commence on ] the Start Date, and no service with any earlier employer is treated as part of your continuous employment with us. OR 1.3 [ Option 2: Continuity...
These notes and specimen documents make up an automatic enrolment (AE) pack created to assist employers—including small and micro-employers—in meeting the duty to enrol employees into an AE scheme... (A) Notes about AE (i) the statutory obligation (ii) financial thresholds and limits (iii) the statutory and other key terms (B) Documents (i) letters (ii) notices (iii) the employment contract—sample pension clauses AE scheme providers generally issue the core letters and notices, though not always everything required in every relevant situation, and typically none where an employer fulfils the AE duty by using a qualifying pension scheme that is not an automatic enrolment pension scheme... (A) Notes about AE 1 The statutory obligation The primary legal provisions are found in Part 1 of the Pensions Act 2008 (PenA 2008) and the Occupational and Personal Pension Schemes (Automatic Enrolment) Regulations 2010, SI 2010/772, as later...
1 Holiday 1.1 Taking your holiday, that is your annual leave entitlement, is essential for rest and recuperation, and we strongly encourage you to use your full allowance throughout the year. 1.2 Your holiday entitlement accrues [ monthly ] at the rate of [ 12.07 ]% of the hours you work each [ month ] [ , capped at 28 days per holiday year ] . The holiday year runs from [ 1 January ] to [ 31 December ]. 1.3 [ You might be asked to work on bank holidays and other public holidays. ] 1.4 [ [PART-YEAR WORKER ONLY: ] You are engaged to work for only part of the year as described in [ clause x above ]. Your holiday must be taken outside those working periods. ] 1.5 You are required to take your leave in the same holiday year in which it accrues...