State of the art (Commercial) meaning

The case for reform The ToR begin by asserting that the existing framework under the Consumer Protection Act 1987 (the CPA) ‘…is no longer fit for purpose…’. This is expressed more emphatically than earlier communications from the Law Commission. At this preliminary stage, its stance appears to be that the issue is not ‘if’ reform is required, but ‘how’ it should be achieved. Clear echoes to the EU reforms The ToR carry unmistakeable parallels with the recent EU overhaul set out in the new Product Liability Directive (EU) 2024/2853 (currently in the implementation phase across EU Member States—read more here): Of particular note, the Law Commission indicates it will consider whether: the ‘burden of proof for claimants to bring a successful claim is too onerous’—might the Law Commission also be contemplating introducing ‘rebuttable presumptions’ regarding defect and/or causation?...

In this issue: Public procurement Brexit headlines Brexit SIs Post-Brexit transition guidance Constitutional and administrative law Equality and human rights Subsidy control and state aid State security and intelligence Other Public Law updates Management and strategic planning Daily and weekly news alerts Dates for your diary Trackers New and updated content Useful information Public procurement Cabinet Office announces 28 October 2024 as provisional go-live date for procurement regime The Government Commercial Function (GCF) has set 28 October 2024 as the intended ‘go-live’ for the new procurement regime. The timing will be confirmed by commencement regulations, which the GCF expects to be made in May 2024. Procurements begun under the existing rules will still be governed by that legislation. This notice starts a six‑month preparation window; during it, a comprehensive learning and development programme will be issued to help professionals implement the reforms. Alongside material already available, further guidance...

This Practice Note considers the following issues in relation to the development and use of autonomous and connected vehicles (also referred to as self-driving vehicles, driverless cars or automated vehicles): Core terminology and concepts Developments in sector-specific UK law The Law Commissions’ joint report: Automated Vehicles Automated Vehicles Act 2024 Liability Product liability under the Consumer Protection Act 1987 Advertising and marketing Data protection and cybersecurity Mobility-as-a-service Public policy and press coverage around driverless technology has largely centred on privately owned road vehicles, which is the principal emphasis of this note at present. Nonetheless, the underlying systems span multiple industries, and there are indications that earlier, tangible gains may arise from advancing automated vehicle capability in fields such as maritime transport and agriculture. The technology’s relevance extends well beyond personal transport, with earlier adoption likely in certain commercial settings. For a summary of key dates and information relating to the development of automated vehicles in...

This Practice Note reviews the Convention on the Service Abroad of Judicial and Extra-judicial Documents in Civil or Commercial Matters (1965) (the Hague Service Convention). The convention applies between contracting parties and prescribes how service of documents should be effected. This Practice Note does not consider whether the court’s permission is needed to serve documents outside England and Wales (England). For guidance, see Practice Notes: Cross-border service—a guide for dispute resolution practitioners and Cross-border service—is permission required to serve a defendant who is outside England and Wales? For an understanding of the convention, the Hague Convention on Private International Law (HCCH) provides useful FAQs and a two-page outline. It also publishes a detailed Practical Handbook on the Operation of the Service Convention, which must be purchased. Note that the handbook has superseded the Explanatory Report on the Hague Service Convention; see: HCCH confirm the explanatory report has been superseded. Definitions Definitions used in this Practice Note: addressee—the person who is to be served applicant—the...

E&W Brussels I—recognition of judgments [Archived] ARCHIVED: This Practice Note is archived and no longer maintained. It offers guidance on seeking recognition of a judgment in the courts of England and Wales for enforcement under Regulation (EC) 44/2001, Brussels I. A judgment is only capable of recognition and enforcement under that regime where proceedings were commenced between 1 March 2002 and 9 January 2015. If this guidance does not apply, see: Which regime applies to enforce a foreign judgment?—checklist. The Note examines Articles 32–37 of Regulation (EC) 44/2001 concerning the recognition of judgments, settlements, or authentic instruments. It summarises the general rules, then considers whether a formal application for recognition is required. It addresses applications for recognition both in England and Wales and in an EU Member State. It also explores, in some detail, the possible bases for refusing recognition, including: a judgment entered in default where the defendant did not appear conflicting judgments within the same EU Member State irreconcilable... ...