Legal Practice Notes

Introduction to the Northern Ireland Protocol ( Windsor Framework) The UK, including Northern Ireland ( NI), has left the European Union ( EU), while the Republic of Ireland ( ROI) remains inside it. The UK and EU agreed there would be no additional checks or controls on goods crossing the ROI– NI land border. As a result, NI continues to align with EU rules for certain regimes, such as agricultural and manufactured products. NI also applies the EU customs code at its ports, streamlined by the Windsor Package. This arrangement introduces some new procedures and notification duties for goods moving between NI and other parts of the UK. The Northern Ireland Protocol ( NIP) forms an integral element of the EU– UK Withdrawal Agreement, which set the terms of the UK’s exit under Article 50 of the Treaty on European Union. Its purpose was to...

CASE HUB ARCHIVED -this archived case hub reflects the position at the date of the decision of 1 December 2024; it is no longer maintained. See further, timeline. Case facts Summary of the UK merger investigation into the completed purchase by NEC Software Solutions UK Limited of SSS Public Safety Limited and Secure Solutions USA LLC (formerly part of Capita plc). The deal entails horizontal overlap in the provision of critical software to emergency service organisations (covering police forces, fire and rescue services, and ambulance trusts) and to transport service providers (including Tf L and rail operators). Latest developments On 1 December 2022, the CMA published its final report, concluding the transaction would be expected to lead to an SLC in the supply of: (i) integrated communication and control services software used by control room personnel; and (ii) specialised duties management systems software for police forces. To...

Introduction to the Agreement on Trade-related Investment Measures The Agreement on Trade-related Investment Measures (the TRIMs Agreement) addresses investment rules that bear upon trade in goods. Early proposals to embed disciplines on foreign investment were contained in the Havana Charter, which aimed to create the International Trade Organisation in 1948. As that Charter was never ratified, no comparable clause emerged under the General Agreement on Tariffs and Trade ( GATT) 1947. During the Uruguay Round, while the World Trade Organisation ( WTO) Agreements were being negotiated, a GATT Panel reviewed how investment conditions interact with trade in goods. In the case at hand, Canada obliged overseas investors to undertake to buy specified Canadian products (local content obligations) and to export a set proportion of their output. These undertakings were imposed as prerequisites for approving the foreigners’ investments. The Panel decided that mandating...

High Potential Individual The High Potential Individual route is a simple, unsponsored immigration pathway enabling applicants with an eligible degree (at least bachelor’s level) granted within the last five years by a specified non‑ UK ‘top global university’ to undertake full‑time employment or self‑employment in the UK, at any skill level, for: three years if they hold a Ph D or another eligible doctoral‑level qualification two years for all other eligible degree holders The High Potential Individual route shares features with the Graduate route (in operation since 1 July 2021), because both: give eligible graduates a period of stay allowing employment or self‑employment in the UK for up to three years-note that from 1 January 2027 non‑ Ph D applicants on the Graduate route will receive only 18 months’ permission, while those on this route will continue to be granted two years do not...

This FLASHCARD is designed to help you take in or recall the essentials of the UK’s operational resilience regime, covering the main obligations, the regime’s scope and the compliance timetable. What is operational resilience? Operational resilience is the capacity of firms and the financial system to prevent, adapt to, respond to, recover from, and learn from operational disruption. It goes beyond business continuity and disaster recovery and is a strategic focus for regulators worldwide. What are the UK operational resilience requirements? Existing operational resilience expectations (e.g. Principle 3 of PRIN, and various provisions in SYSC within the Financial Conduct Authority ( FCA) Handbook, together with the Operational Resilience section of the Prudential Regulation Authority ( PRA) Rulebook) are reinforced by rules issued by the FCA in PS21/3 and by the PRA in PS6/21 and SS1/21. These require firms to: identify ‘important business services’ (defined...

Regulatory regime overview Advertising in the UK is governed by legislation alongside self-regulatory industry codes, chiefly the UK Code of Non-broadcast Advertising and Direct & Promotional Marketing ( CAP Code) and the UK Code of Broadcast Advertising ( BCAP Code) (outlined below). Self-regulation plays a central role in the UK; however, broadcast advertising operates within a statutory framework under the Communications Act 2003 ( CA 2003). Marketers should also be mindful of sector-specific rules and codes. The principal laws addressing unfair or misleading commercial practices, which also inform the CAP and BCAP Codes, include: Chapter 1 of Part 4 and Schedule 20 to the Digital Markets, Competition and Consumers Act 2024 ( DMCCA 2024) The Business Protection from Misleading Marketing Regulations 2008 ( BPR 2008), SI 2008/1276 Consumer protection from unfair trading From 6 April 2025, Part 4, Chapter 1 of the DMCCA 2024 largely repealed the Consumer...

Practice Note This Practice Note sets out practical guidance on the obligations in Part 5 of the Online Safety Act 2023 ( OSA 2023) for online service providers (eg platforms) that host or make available pornographic content. The duties focus chiefly on age assurance, requiring such providers to: implement highly effective age assurance measures so that children cannot access these services retain written records detailing the measures adopted publish a statement that summarises those written records The Note considers which services are in scope, what the obligations involve and how relevant providers may achieve compliance, with reference to Ofcom’s guidance on highly effective age assurance and other Part 5 duties. Under OSA 2023, s 82, Ofcom has a statutory function to issue that guidance to assist service providers in meeting their duties under OSA 2023, ss 79–82 ( Part 5). The services...

STOP PRESS : On 29 April 2026, the Crime and Policing Act 2026 obtained Royal Assent. This statute will bring a series of amendments to the Online Safety Act 2023 ( OSA 2023), among them the creation of additional digital offences, and adjustments across the framework. See: LNB News 30/04/2026 21. This Practice Note is impacted by that development and is currently being revised to reflect those legislative shifts in detail. The Practice Note offers a concise, accessible overview of OSA 2023. It sets out what OSA 2023 covers, the categories of services it captures, and the way the regime functions. It also outlines when services falling within OSA 2023’s scope must begin meeting the requirements. OSA 2023 received Royal Assent on 26 October 2023 and partially commenced on that day. The obligations and duties in OSA 2023 will not bite in full until Ofcom has...

This Practice Note outlines UK law as it relates to the use of deepfakes. A deepfake is audiovisual material created or altered with artificial intelligence to misrepresent a person or subject. The Practice Note explores: what a deepfake is; how deepfakes work; and uses and applications of deepfakes—including entertainment, parody, political satire and healthcare. It also considers the application of UK law to deepfakes, the steps taken by social media platforms and search engines to tackle issues arising from deepfakes, and future technological controls, including problem areas linked to technological and legislative or common law controls. What is a deepfake? The term blends ‘deep learning’ with ‘fake’. Ofcom’s Deepfake Defences Discussion Paper characterises a deepfake as audiovisual content generated or manipulated by AI that misrepresents someone or something. Such content often features individuals from the entertainment, fashion, or sports sectors....

CASE HUB NOTE-appeal lodged before the Court of Justice in Case C- 284/21 P See further, timeline. Case facts Outline Proceedings seek annulment before the General Court of the European Commission’s decision dated 4 July 2017, which concluded that Italy’s plan to recapitalise Banca Monte dei Paschi di Siena complied with State aid rules ( SA.47677). Latest developments On 24 February 2021, the General Court delivered a preliminary judgment rejecting the Commission’s plea of inadmissibility. It found that the bondholders (a representative and FRESH bond holders) have standing to contest the 2017 decision, as the State aid approval was contingent upon those bondholders also absorbing significant costs. Parties Applicants: Anthony Bresch Trinity Investments DAC Bybrook Capital Master Fund LP Bybrook Capital Master Fund LP Bybrook Capital Hazelton Master Fund, and Byrook Capital Badminton Fund LP (collectively, the...

This Practice Note examines the legal considerations surrounding ‘ambush marketing’ from an English law standpoint. The phrase ‘ambush marketing’ refers to promotional efforts by a non-sponsor that relate to a major sporting or other event. Within the UK, such activity is managed through a mix of legal mechanisms, including trade mark and copyright law, advertising codes, and legislation tailored to particular events. While some of the tools used domestically to deter ambush marketing can also be found elsewhere (for example, rights-holders for major events would typically have registered trade mark protection for the event name and logo across multiple territories), the legal framework varies significantly between jurisdictions. The toughest regimes are often seen in countries that have recently hosted a high-profile, global sporting event. What is ambush marketing? ‘ Ambush marketing’ is commonly understood as promotional activity by a non-sponsor that seeks to imply an...

An executor is the individual named in a valid Will or codicil to manage the testator’s estate and put the Will’s instructions into effect. An administrator is appointed by the court to deal with a deceased person’s property where the Will made no valid appointment of executors, the named executors are unable or unwilling to act, or there is no Will. The term personal representatives ( PRs) covers both executors and administrators. See Practice Note: Definition of a personal representative. Appointment of executors expressly by Will impliedly by the terms of the Will by a person authorised in the Will to appoint executors, who may appoint themselves through the chain of representation by the court Acceptance of office obtaining a grant of probate carrying out acts amounting to acceptance of office, eg releasing a debt owed to the...

The High Court’s offices are usually open from 10am until 4.30pm every day of the year, except ( CPR PD 2A, para 2.1): Saturdays and Sundays Good Friday Christmas Day and a further day in the Christmas period as specified in the table annexed to CPR PD 2A bank holidays in England and Wales The High Court does not sit continuously throughout the year. There are four terms, separated by vacations between them. Term times are defined by CPR PD 2F, para 1.1, and the precise term dates are listed here: Term dates. This Practice Note offers guidance on making applications outside normal court office opening hours and/or during court vacations. For general guidance on applications made under CPR 23, see Practice Note: How to make an application for a court order ( CPR...

This Practice Note monitors enforcement action by the Information Commissioner’s Office ( ICO) resulting from infringements of the Privacy and Electronic Communications ( EC Directive) Regulations 2003 ( PECR 2003), SI 2003/2426. It encompasses contraventions of the direct marketing provisions laid down in PECR 2003, SI 2003/2426, regs 21–24. The tracker lists financial penalties and enforcement notices served on individuals or organisations. Background In the UK, e Privacy rules—ie the treatment of personal data within electronic communications—are largely set out in PECR 2003, SI 2003/2426, which transposed Directive 2002/58/ EC (the e Privacy Directive) at a time when the UK was part of the EU. The legislation’s core aim is to require providers of public electronic communications services to adopt suitable technical and organisational measures to protect the confidentiality, security and privacy of the service, and to shield subscribers from specified risks and misuse. PECR 2003 was...

Practice Note This Practice Note considers situations in which a landlord of a multi-occupied property (or its development partner) seeks to add an extra lettable storey on top of the building. A range of legal pitfalls could frustrate the scheme. This Practice Note does not tackle the common development hazards-for example, the requirement for planning permission and other consents, the risk of infringing easements (such as rights of light) or restrictive covenants benefitting neighbouring land (but note that in 2020 the government created new permitted development rights enabling two further storeys to be added to existing blocks of flats and allowing extra storeys on freestanding blocks or mixed-use terraces to create additional homes). Consider whether the proposed works would trespass on property already demised to one or more existing tenants. If the roof or the airspace your client intends to develop forms part of a...

NOTE-to check whether notification thresholds in Lebanon and worldwide are satisfied, consult Where to Notify. 1. Have there been any recent developments regarding the Lebanese merger control regime and are any updates/developments expected in the coming year? Are there any other ‘hot’ merger control issues in Lebanon? In early 2022, Lebanon passed its first all-embracing competition statute, Law 281/2022 on the Competition Law ( Competition Law 2022), which took effect on 17 March 2022. This instrument constitutes the country’s inaugural, fully fledged competition framework and brought in a modern antitrust and merger control system. Before the Competition Law 2022 became operative, Lebanon lacked a standalone or specific competition statute. Instead, competition issues were addressed only by a handful of basic provisions scattered across different enactments, including Law 34-67/1967 on Commercial Agencies, Law 73-83/1983 on Acquisition of Goods and Agricultural Crops, and Resolution 2385/1924...

Absolute and relative grounds A trade mark’s core role is to signal commercial origin. It sets apart one undertaking’s goods and services from those of others. In principle, any mark can be registered as a trade mark unless a particular basis for refusal applies. Registration is permitted only where no specified ground for refusal exists at all. These refusal bases fall into two categories: ‘absolute grounds for refusal’ (addressing the inherent characteristics of the mark and whether it can operate as a trade mark) and ‘relative grounds for refusal’ (concerned with clashes with earlier rights). It is also possible for an application to be refused only in part where the relevant ground affects just some of the goods or services designated in the application. When a trade mark application is filed, the UK Intellectual Property Office ( IPO) examines the...

This Practice Note outlines the key legal and practical considerations for rights owners and their advisers when deciding whether to pursue a private prosecution for counterfeiting or piracy. It also examines the advantages of criminal action, the categories of offences and potential hazards, and sets out an overview of the principal phases of a prosecution together with the pertinent legal and procedural issues that might arise in practice. This Practice Note focuses on England and Wales; rules differ slightly in Scotland and Northern Ireland. Why prosecute? Certain infringements are treated as criminal offences under the Trade Marks Act 1994 ( TMA 1994), the Copyright, Designs and Patents Act 1988 ( CDPA 1988) and the Registered Designs Act 1949 ( RDA 1949). Proceedings for these offences may, from time to time, be instituted by a range of bodies (eg the Crown Prosecution Service ( CPS) and...

Where conduct carries a stronger public policy dimension—such as dealing in counterfeit goods or acts of piracy—it is open to pursue criminal proceedings alongside civil action as well. Typically, infringements reaching the criminal threshold are systematic, repeated operations deliberately designed to produce revenue through the infringing behaviour. There is, moreover, a clear rationale for treating these matters as criminal, as those engaged may divert the proceeds to finance other, more serious forms of organised crime. Even so, in practice, copyright owners tend to prefer civil routes rather than criminal prosecution, in no small part because the criminal standard of proof presents a greater obstacle for the prosecution in criminal cases; note, however, that if a permitted act is invoked by way of defence, the defendant carries a balance of probabilities burden. For criminal allegations, the owner must also establish knowledge or reason to...

This Practice Note forms part of a multi-jurisdictional guide covering the key elements of establishing specific business vehicles around the world. Prominent law firms within the Multilaw global network respond to core queries on this subject. This note highlights the principal considerations for setting up a limited company in Laos. Current as at 16 February 2023. Author: Dino Santaniello, Tilleke & Gibbins Lao, Co. Ltd., a Multilaw member firm... Common entities Which form of entity is addressed in this questionnaire? What other commonly used structures in this jurisdiction are covered in a separate response? This response focuses on the limited company ( Bolisat chamkat) – namely the Private Limited Company, Co., Ltd, and the Sole Limited Company ( Bolisat chamkat phoudiaw). Identify other entity types in this jurisdiction that exist but are not covered by a...