Legal Practice Notes

This Practice Note examines the principal considerations for securing authorisation of an Investment Business Firm in Ireland under the Investment Intermediaries Act 1995 ( Ireland), as amended ( IIA 1995 ( IRL)). The Irish Legal and Regulatory Framework for the Investment Intermediaries Act 1995 ( Ireland) EU-wide alignment for investment firms commenced in 1993 with Directive 93/6/ EEC on the capital adequacy of investment firms and credit institutions (the Capital Adequacy Directive) and Directive 93/22/ EEC on investment services in the securities sector (the Investment Services Directive). The Capital Adequacy Directive sought to create consistent capital standards for investment firms and credit institutions, while the Investment Services Directive set out the conditions permitting investment firms, authorised and supervised by their home Member State regulator, to provide specified services and gain access to regulated markets across other Member States. In Ireland, these measures were...

Background European Green Deal and the EU Biodiversity Strategy for 2030 The European Green Deal was unveiled in December 2019 as a blueprint to make the EU’s economy sustainable by reframing climate and environmental hurdles as opportunities across every policy domain, and ensuring a fair, inclusive transition for everyone. As a component of the Green Deal, the Commission adopted the EU Biodiversity Strategy for 2030 on 20 May 2020. From this Strategy emerged the principal legislative initiative: the first EU‑level ‘ Nature Restoration Act’. Until 2024, the EU’s biodiversity law rested chiefly on three pillars: Habitats Directive ( Directive 92/43/ EEC) Birds Directive ( Directive 2009/147/ EC) Water Framework Directive ( Directive 2000/60/ EC) Collectively, these Directives require Member States to take suitable steps to conserve and revive natural habitats, wild fauna and flora, and aquatic ecosystems, and to guard them against...

This Practice Note outlines the principal issues that arise when advertising to children. It spans the regulatory framework, how children recognise advertising, sexualised imagery, child protection, credulity and undue pressure, direct exhortations, promotions, age‑restricted products and targeting, plus sector‑specific matters, including betting and gaming, alcohol and food advertising. It also addresses in‑app purchasing and the handling of children’s data for advertising and marketing purposes. Regulatory regime overview Advertising to children is overseen by a combination of UK law and self‑regulatory advertising codes, summarised below. Digital Markets, Competition and Consumers Act 2024 On 6 April 2025, Chapter 1 of Part 4 of the Digital Markets, Competition and Consumers Act 2024 ( DMCCA 2024) for the most part revoked the Consumer Protection from Unfair Trading Regulations 2008 ( CPUTR 2008), SI 2008/1277, save for certain transitional provisions relating to a consumer’s right of redress. CPUTR 2008 will continue to govern...

Conflict in Ukraine news & analysis tracker—2023 [ Archived] ARCHIVED: This Practice Note is no longer active and is not being maintained. It compiled Lexis+® UK news and analysis from 2023 concerning the conflict in Ukraine. For current updates on sanctions tied to Russia and the Ukraine conflict in 2024 and thereafter, subscribe to our news alerts and weekly highlights. For developments from 2022, see Practice Note: Conflict in Ukraine news & analysis—tracker. For financial sanctions content, consult the Financial sanctions toolkit, which gathers Lexis+® UK Practical Guidance resources offering insight and practical guidance on UK and international financial sanctions regimes. 20 December 2023 — OFSI updates General Licence— Oil Price Cap INT/2022/2469656— LNB News 20/12/2023 57. The Office of Financial Sanctions Implementation has revised General Licence— Oil Price Cap INT/2022/2469656, first issued on 4 December 2022 and previously amended on 20 December 2023. The...

Background While every employee of an offeree will usually be keenly interested in the fate of an offer, a public takeover rarely alters their employment rights directly, because their employing entity does not change. Nevertheless, the City Code on Takeovers and Mergers (the Code) and the Companies Act 2006 ( CA 2006) impose several obligations that the parties to a takeover must address in relation to the offeree’s workforce. Among these is General Principle 2, which provides that security holders of an offeree must be given adequate time and information to make a properly informed decision on the bid; where it advises those security holders, the offeree board must state its opinion on how implementing the bid would affect employment, terms and conditions, and the locations of the company’s places of business. In addition, taking account of employees’ interests forms part of the broader...

This Practice Note covers the common law doctrine of privity of contract, its exceptions, how it affects enforcement against non-parties, and situations where, despite no privity, a contract indirectly impacts a third party. For wider guidance, see Practice Note: Ireland— Contracts and third-party rights. What does privity of contract mean? ‘ Privity of contract’ is a common law doctrine meaning you cannot: enforce a benefit of a contract you did not join; or be liable for any obligation under a contract you did not join. Therefore, if your client is not a party (ie a third party), they cannot sue or be sued under that contract. Example: A promises B that they will pay a sum of money to C— C cannot sue A for that sum if A fails to pay. Murphy v Bower (1866) IR 2 CL 506 (not reported by Lexis+® UK) is the...

STOP PRESS : The Financial Conduct Authority ( FCA) has released policy statement PS25/12, setting out definitive, final rules to bolster the safeguarding regime for payment and e-money firms. Flowing from consultation paper CP24/20, these reforms seek to cut deficits in customer funds and secure swifter, more complete returns should a firm collapse. The FCA has additionally issued draft changes to ‘ Payment Services and Electronic Money— Our Approach’, which will be revised to mirror the new framework. The new rules, together with the corresponding updates to the Approach Document, come into force on 7 May 2026. ( See: LNB News 07/08/2025 11 and News Analysis: FCA’s broad proposals aim to protect customer funds). Ipagoo decided that the Electronic Money Regulations 2011 ( EMRs 2011), SI 2011/99 do not impose a statutory trust over relevant funds; rather, they instead confer a...

This Practice Note outlines the grounds and scope of irritancy in 1991 Act Tenancies (regulated by the Agricultural Holdings ( Scotland) Act 1991 ( AH( S) A 1991)) and 2003 Act Tenancies (regulated by the Agricultural Holdings ( Scotland) Act 2003 ( AH( S) A 2003)), namely the following: short limited duration tenancies (‘ SLDTs’) limited duration tenancies (‘ LDTs’), and modern limited duration tenancies (‘ MLDTs’) Legal and conventional irritancy in 1991 Act Tenancies A 1991 Act Tenancy can be terminated prematurely on the ground of legal irritancy or conventional irritancy, where legally relevant. ‘ Legal’ or statutory irritancy provisions AH( S) A 1991, s 20 makes provision for legal (statutory) irritancy in 1991 Act Tenancies. It permits an action to remove the tenant at the next Whitsunday or Martinmas (28 May or 28 November) after the action is duly raised in the...

This Practice Note reviews the remuneration framework originating from the Alternative Investment Fund Managers Directive 2011/61/ EU ( AIFMD) and set out in the alternative investment fund manager ( AIFM) Remuneration Code (the Code) within the Senior Management Arrangements, Systems and Controls sourcebook ( SYSC) of the Financial Conduct Authority ( FCA) Handbook at SYSC 19B. It outlines the main elements of the Code, including its reach, the meaning of remuneration and the Code’s principles. Managers of alternative investment funds ( AIFs), including hedge funds, private equity funds and other AIFs (such as commodity funds, venture capital funds, real estate funds and investment funds), may all potentially fall within the scope of the remuneration requirements. For an accessible checklist of the relevant requirements, see: —checklist. For details on the equivalent EU requirements, see Practice Note: EU...

This Practice Note outlines the legal and practical considerations relevant to digital rights management ( DRM), and examines how far technical tools and other safeguards can be deployed by rights holders to protect and administer their digital works lawfully and effectively in practice. It also sets out the categories of offences that may arise where technological protection measures are bypassed or where rights management information is abused in any context. What is digital rights management? DRM describes the technical mechanisms used by copyright owners of digital material to label, monitor and secure their assets. These controls are applied to block unauthorised copying, for instance by using encryption, ensuring that only approved software and permitted users can open a given digital file where appropriate. DRM also serves to identify content and to manage its distribution to consumers, eg by tracking how often a work is...

Urban wastewater is a major driver of water contamination, frequently carrying bacteria, viruses, hazardous chemicals including micropollutants, and surplus nutrients. When released without treatment, these pollutants can threaten human health and harm ecosystems in rivers, lakes and coastal waters... Background to the original Urban Wastewater Treatment Directive ( Directive 91/271/ EEC) The original Urban Wastewater Treatment Directive (91/271/ EEC) took effect on 29 May 1991. It set requirements for the collection, monitoring, treatment and discharge of urban wastewater, along with the monitoring, treatment and discharge of wastewater from specific industrial sectors listed in Annex III. Milk processing Meat and fish processing Manufacturing of fruit and vegetable products Manufacturing and bottling of soft drinks Etc. Its objective was to protect the environment from the negative impacts of these discharges. A 2019 evaluation concluded the Directive had boosted wastewater collection and treatment across the EU, yet determined that a thorough overhaul was...

This Practice Note summarises the applicability and scope of Directive 2014/24/ EU (the EU Public Sector Directive) to specific procurements. To establish whether the Directive applies, a contracting authority should consider four principal questions: does the contract fall within the definitions of public works, services or supply contracts? is the contract being awarded by a contracting authority? is the relevant EU threshold exceeded? is the contract, on an exceptional basis, excluded from the Directive’s scope? Does the contract fall within the definition of public works, services or supply contracts? Public works contract A public works contract is a public contract the subject-matter of which comprises any of the following: the execution, or both the design and execution, of works related to one of the activities within the meaning of Annex II the execution, or both the design and...

Key information Floods Directive Official title: Directive 2007/60/ EC of the European Parliament and of the Council of 23 October 2007 on the assessment and management of flood risks (the Floods Directive) In force from: 26 November 2007 ( Art 18) Transposition deadline: 25 November 2009 ( Art 17) National implementation: See Eur- Lex information on national transposition measures, as provided by Member States Amendments: None Subject: Flooding Purpose of the Floods Directive The Directive sets a common approach to evaluate, manage and lessen the risk of floods—particularly along rivers and in coastal zones—to protect human health, the environment, property and economic activity across the EU. It calls for the assessment of flooding risk within river basins, the creation of flood hazard and risk maps wherever serious flood risk is present, and the preparation of flood risk...

Purpose Directive 91/271/ EEC on urban wastewater treatment (the UWTD) came into effect on 29 May 1991. It set requirements for the collection, monitoring, treatment and discharge of urban wastewater, as well as the oversight, treatment and release of effluent from specified industrial sectors named in Annex III. The UWTD’s aim is to shield the environment from the harmful impacts of such discharges. milk processing meat and fish processing manufacturing of fruit and vegetable products manufacturing and bottling of soft drinks etc European Green Deal—recast of the Urban Wastewater Treatment Directive A 2019 assessment of UWTD implementation found it had raised collection and treatment rates across the EU, yet concluded a comprehensive update was necessary to confront ongoing and emerging pollution (for example pharmaceuticals and microplastics), to build climate resilience, to align with the circular economy via better resource...

EU external border governance has been in continual flux, driven in particular by the exceptional influx of refugees, irregular migration, and the digitalisation of control mechanisms. A closer look at amendments to the Schengen Borders Code also makes clear how lessons from the coronavirus ( COVID-19) pandemic have shaped its evolution over recent years. The EU’s principal aims here include progressively creating an integrated management framework for the external frontiers, strengthening backing for migration management, intensifying action against cross-border crime, and bolstering national authorities to improve internal security. The ‘ EU Migration and Asylum’ policy forms a significant strand of external border control more broadly. Nevertheless, this Practice Note does not examine that policy; instead it concentrates on the general Schengen visa regime, the core instruments and platforms already deployed—the Visa Information System ( VIS) and the Schengen Information System ( SIS)—and those still...

This route applies to individuals recognised through the UK’s modern slavery identification framework, the National Referral Mechanism ( NRM), who need permission to stay in the UK in order to meet their recovery needs, seek compensation, or assist with a trafficking prosecution. Securing permission on the basis of recovery needs typically demands robust medical evidence of a high standard. Even so, this category only grants limited leave without a defined path to settlement, so it is generally used by people who plan either to depart the UK afterwards or to attempt a switch into another immigration category. Most often, people switch to and/or also pursue a protection claim or a human rights claim, though moving into other routes, such as Skilled Worker, is also possible. Victims of modern slavery may contact legal representatives once they are already within the NRM to obtain...

STOP PRESS: On 24 February 2026, the Parliamentary Under Secretary of State for Migration and Citizenship, Mike Tapp, issued a written statement confirming a further extension to the Ukraine Permission Extension Scheme ( UPES). Ukrainians in the UK who meet the criteria may seek an extra 24 months’ leave to remain, enabling up to 3.5 years under UPES, in addition to any period already granted under the Ukraine Schemes. The extension stays fee-free and will continue to permit access to work, benefits, healthcare and education, alongside a widened 90-day window to apply before current leave ends. For details, see: LNB News 24/02/2026 25. The change takes effect on 8 April 2026, following the Statement of Changes in Immigration Rules HC 1691; see: LNB News 05/03/2026 54. This Practice Note is being updated to reflect this development. It collates links to key resources, news and...

Welfare benefits Welfare support has been reshaped, with several payments consolidated or replaced. Universal credit was meant to take over working‑age benefits by 2016/17, but that target was missed. The managed move from working‑age benefits to universal credit was accelerated in April 2024, with completion expected by March 2026. At present, both systems run side by side, which can cause confusion for practitioners. State benefits can be grouped into four areas: Income maintenance benefits (non‑means tested)—intended to replace earnings, with a limited amount of work sometimes permitted. They are not means tested and a partner’s income is not taken into account Benefits for disabled people and families—set to recognise the extra costs linked to disability Means‑tested benefits—assessed on both members of a couple and often acting as a top‑up because social security rates are so low Tax...

This tracker is designed to monitor developments in EU design judgments, legislative proposals, and ongoing EU consultations, guidance and reports concerning designs. For details on UK design judgments, legislative proposals, and current UK consultations, guidance and reports relating to designs, see Practice Note: Designs tracker— UK. For archived design materials, see Practice Note: Designs tracker 2017–2022 [ Archived]. Legislation, consultations, guidance and reports For archived designs legislation, see Practice Note: Designs tracker 2017–2022 [ Archived]— Legislation. For archived design consultations, see Practice Note: Designs tracker 2017–2022 [ Archived]— Consultations. What's happening? When? Find out more EU design legislation reform package 9 December 2027: Transposition deadline for Member States for Directive ( EU) 2024/2823 (the Directive) 1 July 2026: Regulation ( EU) 2026/715 (the EU Design Regulation (codified)) enters into force and related secondary legislation applies 30 March 2026: EU Design Regulation...

Trustees’ authority to incur costs General rule Trustees drawn into litigation will typically wish to have their own costs, and any adverse costs orders, satisfied from the trust fund. Under section 31(1) of the Trustee Act 2000, a trustee may recover from the fund, or pay out of it, expenses properly incurred while acting for the trust. CPR 19.7A provides that proceedings can be started by or against trustees, executors or administrators in that representative capacity without joining beneficiaries, and any order made binds the beneficiaries unless the court decides otherwise. A trustee issues or defends proceedings in their own name. The general position is that a trustee who is involved in litigation as trustee is entitled to be paid their costs from the trust fund on the indemnity basis, insofar as those costs are not recoverable from other parties to the case. Such...