Rules meaning

Introduction to freezing injunctions and scope of this checklist A freezing injunction (also known as a freezing order) is a temporary court order that prevents a respondent from disposing of or transferring its assets out of the relevant jurisdiction—namely England and Wales—or, in the case of a worldwide freezing order (WFO), from moving them anywhere in the world. The court’s principal aim in granting such relief is to preserve the respondent’s assets so that, if the applicant later obtains judgment against the respondent, there will be assets available for recovery by the applicant and, if necessary, enforcement action. This Checklist explains how to make an application for a freezing injunction where claims are contemplated or already underway in a corporate or personal insolvency context. As the precise circumstances of each matter must be assessed, this Checklist does not claim to be exhaustive; rather, it provides an overview of the key considerations at each stage when seeking an order of this kind. The focus throughout is asset preservation pending determination...

When appointing and removing pension trustees: Make sure the authority to appoint or dismiss trustees is always exercised solely for a legitimate and proper purpose. Carefully review the trust deed and rules, confirming that every appointment, removal or retirement of a trustee is carried out strictly in line with those documents. Where a company serves as sole trustee, refer to the company’s articles and ensure directors are appointed, removed or retire strictly in accordance with those provisions. Identify whether any restrictions apply to the appointment or removal of trustees—for example, a minimum or maximum number—and make certain the proposed action does not contravene any such restrictions...

This flowchart sets out the steps to be taken on an application for a reporting restriction order under the Family Procedure Rules 2010, PD 12I (Applications for reporting restriction orders) and the Practice Note (Official Solicitor: Deputy Director of Legal Services: Cafcass: Applications for reporting restriction orders), also known as the Cafcass Practice Note. For comprehensive, practical guidance on each stage shown and on transparency in the family courts—covering overviews, Practice Notes, precedents, procedural guides, client guides, legislation, forms and further reading—see: Media access and transparency—overview, or select the related documents listed on the right-hand side of the flowchart. For focused guidance on reporting restriction orders, consult the following Practice Notes: Reporting restriction orders—procedure Reporting restriction orders and notifying the media For information about providing advance notice to the media of a reporting restriction order application, refer to: Giving advance notice to the media of a reporting restriction order application—flowchart. For the full collection of Lexis+® UK flowcharts spanning numerous...

Under the UK merger control rules the Competition and Markets Authority (CMA) may assess or review mergers already completed as well as those still anticipated, provided a ‘relevant merger situation’ arises. See Practice Note: A ‘relevant merger situation’ under UK merger rules. Several distinct conditions must be fulfilled for such a ‘relevant merger situation’ to exist, and these requirements are set out in the flowchart provided below here...

This flowchart takes you through the stages of a CIETAC arbitration under the CIETAC Arbitration Rules 2024 Although each arbitration differs and the tribunal will tailor proceedings to specifics of the case, it remains vital to appreciate how an arbitration will 'usually' progress, together with the timescales likely to apply...

Stage 1—preparing to bring a claim and pre-action matters Guidance on infringement, defences, ownership, injunctions, running disputes, and the Business and Property Courts Disclosure Scheme; cease and desist precedent; timetable checklist; key forms; IP insurance. Stage 2—letter of claim alleging copyright infringement Guidance on infringement, drafting letters of claim, unjustified threats and remedies, with precedents for standard and peer‑to‑peer infringement letters. Stage 3—commencing proceedings Notes on infringement, secondary infringement, permitted acts, remedies, criminal offences, the Business and Property Courts and the Disclosure Scheme; pleadings/initial disclosure precedents; Disclosure/IPEC flow tools; CPR claim/defence/settlement/default forms. Stage 4—case management Guidance on running disputes, costs management and the Disclosure Scheme; checklist; Chancery, Patents Court and IPEC Guides; Mitchell v NGN; core case‑management and disclosure forms. Stage 5—disclosure and evidence Notes on e‑disclosure, witness statements and the Disclosure Scheme; PD 57AC for Business and Property Courts trial statements (not...

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 Court of Justice issues judgment in national reference from the Netherlands proposing that parity clauses are not ancillary restrictions for the purposes of EU competition law The Court of Justice has delivered its judgment in Case C- 264/23 Booking,com BV and Booking.com (Deutschland) GmbH v 25hours Hotel Company Berlin GmbH and Others, concerning a Dutch reference seeking clarification on whether wide and narrow parity clauses are ancillary restraints under Article 101(1) TFEU. The reference seeks guidance on their classification within EU competition rules under Article 101(1) of TFEU. Background Booking.com BV runs an online hotel reservation platform. Up to 2015, its agreements contained wide price parity obligations that stopped hotels from advertising cheaper room rates via their own direct channels and any other outlets, including rival online travel agencies (OTAs). Thereafter, Booking.com moved to narrow price parity undertakings, which bar hotels from offering lower prices through their direct sales channels; the Federal Court of Justice of Germany nonetheless held these also restrict competition. Booking.com and other...

Mergers The Commission has authorised Gala Investment SAS and ICG plc to take joint control of Magellan Partners (M.12095) following a phase I investigation—see further, Midday Express The Commission has received an official notification for Banca CF+/Banca Sistema (M.12102) under the simplified merger procedure NOTE—For all current merger investigations before the Commission, see further, EU mergers—ongoing cases tracker State aid Applying EU State aid rules, the Commission has approved an amendment to a German renewable energy scheme first approved in December 2022, increasing the budget for the biomass and biogas support scheme by €7.9bn—see further, Midday Express NOTE—For all active State aid decisions and ongoing formal State aid investigations, see further, EU State aid decisions—ongoing cases tracker Upcoming dates For the full timetable of forthcoming EU competition developments, see further, EU Competition calendar...

Resource Note This Resource Note signposts key commentary, analysis and materials to aid interpretation and offer practical direction on using Chapter 2 of the Disclosure Guidance and Transparency Rules (DTR 2). Where relevant, it draws on: the Financial Conduct Authority (FCA) Handbook FCA Knowledge Base—Procedural and Technical notes (formal guidance binding on the FCA) FCA consultation and discussion papers, policy and feedback statements, and warnings Primary Market Bulletins and other FCA publications legacy UKLA technical and procedural notes and the UKLA’s newsletter List!, where still pertinent assimilated EU legislation EU Directives and EU Regulations, where helpful to construing a provision Lexis+® UK analysis and resources Setting the scene What it covers: DTR 2 prescribes the framework for issuers to disclose and manage inside information, supporting timely and even-handed release of market-sensitive information. It also identifies specific situations permitting a delay to public disclosure of inside information, together with the safeguards required to keep such information...

This Resource Note spotlights commentary, analysis and materials to aid interpretation and give practical guidance on applying Chapters 1, 1A, 1B and 1C of the Disclosure Guidance and Transparency Rules: DTR 1, DTR 1A, DTR 1B and DTR 1C respectively. Materials referenced here include, where pertinent: the Financial Conduct Authority (FCA) Handbook FCA Knowledge Base guidance—Procedural notes and Technical notes (constituting formal guidance and binding on the FCA) FCA consultation papers, discussion papers, policy statements, feedback statements and warnings Primary Market Bulletins and other FCA publications former UKLA technical and procedural notes and the UKLA newsletter List!, where still relevant to interpreting or applying a provision assimilated EU legislation EU Directives and EU Regulations, where relevant to interpreting a provision Lexis+ UK analysis and resources Setting the scene What it covers: DTR 1 sets out the Disclosure guidance, explaining its scope and purpose; DTR 1A sets out the transparency rules with their scope and purpose;...

This Practice Note examines core aspects of the UK framework for money market funds (MMFs) that stems from Regulation (EU) 2017/1131 (the EU MMF Regulation). It also looks at suggested changes to the framework, with the Financial Conduct Authority (FCA), HM Treasury and the Bank of England (BoE) working jointly to bolster its resilience and align it with post‑Brexit regulatory objectives. For background on the EU MMF Regulation, see Practice Note: EU MMF Regulation—essentials. What is an MMF? Money market funds (MMFs) are investment funds that invest in short‑term debt instruments and so play a significant role in the short‑term financing of the economy. In particular, MMFs are open‑ended, liquid investment funds that invest in fixed income through short‑term debt, for example money market instruments issued by banks, governments or companies (including treasury bills, commercial paper and certificates of deposit) which pay interest. They therefore form an important connection between demand for, and the supply of, short‑term debt. Further information on the eligible assets of an MMF is...

In the First-tier Tribunal (Immigration and Asylum Chamber) Appeal No: XXXAPPLICANT NAME – AppellantANDSECRETARY OF STATE FOR THE HOME DEPARTMENT Application for costs under 9 (2) of the Tribunal Procedure (First-tier Tribunal) (Immigration and Asylum Chamber) Rules 2014, SI 2014/2604 1 Introduction This application is brought pursuant to paragraph 9 (2) (b) of The Tribunal Procedure (First-tier Tribunal) (Immigration and Asylum Chamber) Rules 2014, SI 2014/2604. The appellant seeks a costs order on the basis that the respondent has behaved unreasonably in the conduct of these proceedings. 2 This application has been made in-time, within 28 days of the date of [ insert relevant event or decision ] and has been served on the respondent. 3 Background The appellant is pursuing an appeal against a refusal of her human rights claim. A’s claim was refused on [ insert date ] and an appeal was submitted on [ insert date ]. The Tribunal listed a substantive hearing for [ date ] at [...

We must not use a client account to provide banking facilities for clients or third parties. This is a firm requirement of rule 3.3 in the SRA Accounts Rules, covering our main client account and any separately designated client accounts as well. Permitting use of our client account as a banking facility creates the risk that we could potentially facilitate money laundering or comparable offences. You must understand and adhere to our policy on anti-money laundering (AML), counter-terrorist financing (CTF), and counter-proliferation financing when taking receipt of client or office monies. This also encompasses our distinct policy on accepting cash. The SRA may levy substantial penalties for breach of rule 3.3. There need not be a risk of money laundering, or any hint of impropriety, for this to apply. A breach of rule 3.3, by itself, is enough for the SRA to impose a penalty on the firm and/or any individuals concerned. We should only accept funds into our client account where...

Memorandum prepared by [ Name of Firm ] for the directors of [ insert company name ] (the Company) providing guidance on annual environmental reporting obligations and disclosures 1 Scope This memorandum sets out the principal environmental disclosures the Company must present in its annual report and accounts. It reviews and explains the Companies Act 2006 (CA 2006) obligation to provide climate-related disclosures in line with the recommendations of the Task Force on Climate-related Financial Disclosures (TCFD), the need to state greenhouse gas (GHG) emissions, energy consumption and actions to improve energy efficiency under the Streamlined Energy and Carbon Reporting (SECR) regime, and other environmental legislation [ , as well as relevant principles and provisions within the QCA Corporate Governance Code (QCA Code) and the Wates Corporate Governance Principles for Large Private Companies (Wates Principles) ]. It also offers practical guidance for companies when assembling their environmental disclosures for reporting purposes. [ As an AIM company, the Company is subject to continuing disclosure obligations under the AIM...

Under WTR 1998, workers get 5.6 weeks’ annual leave each year: a basic entitlement of four weeks’ leave (20 days for a standard full‑time worker) implementing article 7 of the Working Time Directive (WTD) an additional 1.6 weeks’ leave (eight days for a standard full‑time worker) created by domestic law only Understanding this distinction is important because: European Court of Justice case law concerns the WTD alone, so it applies only to the basic four weeks’ paid leave holiday pay is calculated differently for: the basic four weeks, and the additional 1.6 weeks The general rules as to the right to carry forward accrued holiday entitlement are that: the basic four weeks must be taken in the leave year earned and cannot be carried over (though an employer may choose to allow it) a relevant agreement may allow the additional 1.6...

Response to appeal Under the Employment Appeal Rules 1993 (EAT Rules), SI 1993/2854, rule 6(2) provides that a respondent who intends to oppose an appeal must lodge with the Appeal Tribunal a written answer in accordance with, or broadly following, Form 3 contained in the Schedule to these Rules, setting out the grounds on which they rely. Nevertheless, where the respondent seeks to rely on any ground that mirrors a ground adopted by the employment tribunal when making the judgment, decision, declaration or order under appeal, it is sufficient simply to say so in the answer, and it shall be sufficient to state that fact in response. For further details, see Practice Note: Responding to an appeal...

Employment Rights Act 1996 (Coronavirus, Calculation of a Week’s Pay) Regulations 2020 (Week’s Pay Amendment Regs 2020), SI 2020/814 For broader guidance on SI 2020/814, see Practice Note: Coronavirus Job Retention Scheme—right to statutory redundancy and other termination payments [Archived]. This resource provides general context on the Employment Rights Act 1996 (Coronavirus, Calculation of a Week’s Pay) Regulations 2020 and their application... The Week’s Pay Amendment Regs 2020, SI 2020/814, prescribe how to determine a week’s pay for an employee who is, or has previously been, furloughed under the CJRS. The rules apply when calculating specified payments, including an employee’s entitlement to payment under section 88 or 89 of the Employment Rights Act 1996 (ERA 1996). In effect, the instrument clarifies the approach to weekly pay where furlough is relevant, ensuring the correct basis is used for these statutory sums linked to notice or other termination-related payments as identified under the ERA 1996...