This Practice Note provides an overview of the powers of the Competition and Markets Authority (CMA) (and other UK competition authorities) to conduct inspections, including unannounced inspections (often referred to as dawn raids), and also its powers to conduct interviews where it considers that there may have been a breach of competition law. These powers are predominantly contained in the Competition Act 1998
Aftermarkets are particularly important to manufacturers of complex technical equipment and other companies that adopt a 'razors and razor blades' type of business model. Competition issues in aftermarkets are not confined to any particular industry sector. Although many of the cases involve the technology sector, aftermarket competition issues have also arisen in a wide range of other areas. The key battleground in such cases is the downstream aftermarket, which often generates highly profitable recurring revenue coveted by proprietary equipment manufacturers as a means to recoup their substantial investments in research and development. Independent service organisations (ISOs) or other third parties that offer competing aftermarket goods or services often come into conflict with manufacturers. This Practice Note considers the assessment of aftermarkets in the EU.
This Practice Note has been archived and is not maintained. This Brexit risk management guide identifies five key priorities for Brexit risk management and gives the heads-up on why each one is important. It includes a series of mini action lists that suggest action points for each priority area and encourage you to record your organisation’s current level of compliance.
This Practice Note, drafted by Alison Cartin of Taylor Wessing LLP, outlines the availability of principal private residence relief (PPR relief) from 6 April 2015 on the disposal of an overseas dwelling by a UK resident individual and on the disposal of a UK dwelling by a non-UK resident individual. The PPR relief provisions were amended by Finance Act 2015 when the non-resident capital gains tax (CGT) charge was introduced. It considers the restriction of PPR relief post-5 April 2015 (including the day count test, the interaction of the PPR day count test and the UK statutory residence test (SRT), the interaction of permitted absences reliefs and the restriction of PPR relief) and s 222 TCGA 1992 elections and s 222A TCGA 1992 notices.
This Practice Note looks at initiatives intended to encourage small and medium-sized enterprises (SMEs) to bid for public contracts without infringing the public procurement rules. Focusing on procurement under the Public Contracts Regulations 2015, it summarises the gradual reforms introduced with the aim of improving SME access to public contracts and identifies some of the best practice guidance for contracting authorities.
This Practice Note considers the use of e-Procurement for sourcing in the public sector, ie the process leading to the award of a public contract or framework agreement (often referred to as ‘e-Sourcing’). This includes the use of electronic means, e-Auctions, Dynamic Purchasing Systems and wider developments for public procurement in accordance with the Public Contracts Regulations 2015.
This Practice Note, originally written by Alison Cartin of Berwin Leighton Paisner LLP and maintained by LexisNexis®, outlines how liabilities are taken into account for inheritance tax (IHT) purposes and the restrictions that apply to the deduction of liabilities in the context of estates and trusts. It covers debts and liabilities incurred by individuals and trustees, section 103 of the Finance Act 1986, the restrictions introduced by Finance Act 2013, excluded property from 6 April 2017, assets that qualify for relief from IHT (eg BPR or APR) and the payment of liabilities deducted against the estate on death.
This Practice Note, produced in partnership with Geraldine Quirk of Bryan Cave Leighton Paisner LLP, looks at the different insolvency procedures available to an insolvent insurance company, the difficulties unique to insurance insolvency, set-off, valuation of claims, order of priority, limitation and protection of policyholders.
This Practice Note, produced in partnership with Geraldine Quirk of Bryan Cave Leighton Paisner LLP, considers insurance business transfer schemes under Part VII of FSMA 2000 (also known as Part VII transfers or Part VII FSMA schemes), which allows an insurer to transfer the whole or part of its business without obtaining the consent of individual policyholders. It includes an overview of the Part VII process, the role of the regulator, consultation with regulators and the effect of an order sanctioning a Part VII transfer.
This Practice Note is archived from IP completion day onwards. Produced in partnership with Geraldine Quirk of Bryan Cave Leighton Paisner LLP, it looks at the Insurers (Reorganisation and Winding up) Regulations 2004 (SI 2004/353)—the EU rules for the winding-up of authorised insurers, the modifications to the general law of insolvency implemented by the regulations, the recognition of EEA rights and third country insurers.
This Practice Note looks at the Insurers (Reorganisation and Winding-Up) Regulations 2004, SI 2004/353 as they apply to insurers post-Brexit (if after 11pm on 31 December 2020). In particular it considers the changes implemented by the Brexit SI, the Credit Institutions and Insurance Undertakings Reorganisation and Winding Up (Amendment) (EU Exit) Regulations 2019, SI 2019/38. Produced in partnership with Geraldine Quirk of Bryan Cave Leighton Paisner.
This Practice Note provides an overview of the public procurement regime for concession contracts under the Concession Contracts Regulations 2016. It considers the definition of a concession contract, the types of concession contract caught by the regime, specific situations and exclusions and the key procedural requirements.
This Practice Note provides an overview of the public procurement regime for public contracts under the Public Contracts Regulations 2015. It considers the definition of a contracting authority, what constitutes a body governed by public law, the types of contract caught, the most commonly used public procurement procedures and the key procedural requirements. It also highlights guidance available from the government and other relevant bodies.
This Practice Note provides an overview of the public procurement regime for utilities contracts under the Utilities Contracts Regulations 2016. It considers the types of utilities and activities caught by the regime, exclusions and the key procedural requirements.
This Precedent is an advertisement (or advert), produced in partnership with Geraldine Quirk of Bryan Cave Leighton Paisner LLP, advertising the meeting of creditors under a scheme of arrangement, as ordered by the court.
This Precedent is a Chairman’s (or chair’s) report of a meeting of creditors in a scheme of arrangement. This sets out to the court the results of that meeting. This is produced in partnership with Geraldine Quirk of Bryan Cave Leighton Paisner LLP.
This Precedent is a claim form (CPR Part 8), produced in partnership with Geraldine Quirk of Bryan Cave Leighton Paisner LLP, for an application to court by a company for a scheme of arrangement under Part 26 of the Companies Act 2006. This claim form sets out the terms of the order sought sanctioning the scheme, together with appropriate directions in relation to the summoning and conduct of meetings of creditors to consider and, it thought fit, approve the scheme.
This Precedent, produced in partnership with Geraldine Quirk of Bryan Cave Leighton Paisner LLP, is an explanatory statement for a scheme of arrangement of a company, to be used when applying for a scheme of arrangement under Part 26 of the Companies Act 2006.
This Precedent, produced in partnership with Geraldine Quirk of Bryan Cave Leighton Paisner LLP, sets out the full timetable for a scheme of arrangement (also known as part 26 schemes or s 895 schemes), including when to draft the documentation, when to apply to court, who and when to make notifications to and when to advertise.
Following the introduction of the Senior Managers & Certification Regime, the regulators’ appetite for pursuing enforcement cases against senior managers is ever increasing. Adam Jamieson, Senior Associate at Bryan Cave Leighton Paisner LLP, shares some insider tips on what steps senior managers should be taking to fulfil their personal regulatory duties and, ultimately, avoid becoming the subject of regulatory enforcement action.
ARCHIVED: This Checklist has been archived and is not maintained. This Checklist sets out the key considerations to take into account when buying goods from the EU for supply in the UK in a no trade deal scenario.
ARCHIVED: This Checklist has been archived and is not maintained. This Checklist sets out the key considerations for a UK business to take into account when buying services (including general outsourcing) in the UK that will be provided from the EU by an EU-based business in a no trade deal scenario.
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