By Marjolein Geus and Feyo Sickinghe. On 15 December 2020, the European Commission (the Commission) unveiled drafts for two measures to govern digital services: the Digital Services Act (DSA) and the Digital Markets Act (DMA). The DMA appeared in the EU’s Official Journal on 12 October 2022, took effect on 1 November 2022, and will apply from 2 May 2023. Identification of gatekeeper platforms is scheduled for mid‑2023, with businesses expected to meet DMA obligations from March 2024.
The Digital Services Act and revisions to the e‑commerce Directive 2000/311 (the Digital Services Act or DSA) target the oversight of varied online intermediaries, spanning basic conduit services through to very large online platforms, for which differentiated levels of rules are set. The Regulation of the European Parliament and of the Council on the Digital Markets Act (the Digital Markets Act, DMA, or the Regulation) concerns online platforms providing core platform services that hold a ‘gatekeeper’ position, acting as a bottleneck between businesses and consumers for key digital services. The DSA was formally approved by the Council of the EU and the European Parliament on 19 October 2022. Different degrees of regulation apply across these services. Gatekeeper compliance begins March 2024 accordingly...
When evaluating a general damages claim, the practitioner ought initially to refer to the Judicial College Guidelines (JCG)...
This Practice Note This Practice Note reviews mechanisms used in settling litigation. A Tomlin order consists of a consent order paired with a schedule. It operates to stay proceedings on terms that have been agreed. The provisions contained in the schedule may remain confidential. This Practice Note describes the scope of confidentiality attaching to the schedule and sets out how it differs from a standard consent order. Sample wording for a Tomlin order is included, alongside links to precedents, as well as guidance on court approval. It also addresses varying, setting aside and enforcing a Tomlin order, including the considerations the court will take into account when handling applications for each. Further guidance is provided on interpreting and applying the relevant provisions of the CPR; however, some courts and divisions impose very specific requirements for both drafting and approval, and for approaching the schedule and confidentiality issues. Accordingly, you must consider the particular rules and court guide provisions in the forum where your claim is proceeding when drawing up the Tomlin order...
Date [ date ] Parties [ name of Landlord ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Landlord) [ name of Tenant ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Tenant) [ [ name of Guarantor ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Guarantor) ] [ [ name of Mortgagee ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Mortgagee) ] Definitions Within this Deed, the terms below shall be interpreted as follows: [ Annual Rent • the annual sum reserved under the Lease; ] [ Insurance Rent • the Tenant’s share of the Landlord’s costs of insuring the Property (as set out in the Lease); ] Lease • the lease of the Property dated [ date ], entered into between (1) [ the Landlord OR [ name ...
I, [ name ], of [ address ], solemnly and sincerely state that: [ Matters to be verified, set out in numbered paragraphs ] I make this solemn statement in good conscience, believing it to be true, and pursuant to the provisions of the Statutory Declarations Act 1835. DECLARED at [ details ] this [ day ] day of [ month and year ] Before me ................................................................................ [ signature of the person before whom the declaration is made ] A [ commissioner for oaths OR [ solicitor OR [ insert other qualification ] ] authorised to administer oaths ]...