DLA Piper

This Practice Note provides an overview of air passenger rights in the EU. It provides guidance on the key definitions, general principles, key requirements and enforcement of air passenger rights in the EU. It covers rights of air passengers in case of cancellation, delay, denied boarding, or lost baggage. It also provides guidance on the legislation on passengers with reduced mobility.

This Practice Note looks at the legislative background to electric, ultra-low emission vehicles (ULEVs) and zero-emission vehicles (ZEVs), grouped under the heading of ‘e-mobility’. The Practice Note considers in detail key supporting legislation including the Alternative Fuels Infrastructure Regulations 2017, the Automated and Electric Vehicles Act 2018 and the Renewable Transport Fuel Obligation 2003. It also touches on some of the schemes designed by the government to promote the uptake of e-mobility and recharging infrastructure.

This Practice Note looks at the legislation background, both EU and domestic, to liquefied natural gas (LNG) or compressed natural gas (CNG) powered vehicles, in particular it looks in detail at the relevant provisions of Directive 2014/94/EU on the deployment of alternative fuels infrastructure (AFID), the state of its implementation in the UK, and touches on some schemes which aim to promote the uptake of LNG and CNG as a vehicle fuel and development of refuelling infrastructure.

This Practice Note describes the key features of the regime for electricity licensing in Great Britain (GB). It covers the general requirements set out in the Electricity Act 1989 for entities undertaking certain activities in the GB electricity market to hold a licence, the power to grant licences and the process through which this occurs. It includes coverage of the electricity generation licence, electricity supply licence, electricity distribution licence, electricity transmission licence (system operator and system owner), interconnector licence, electricity system operator licence and smart metering communications licence. This Practice Note also addresses the circumstances in which an exemption from the general requirement to hold a licence may exist and the process of ‘Licence Lite’ available in the electricity supply sector.

This Practice Note considers the methods of bringing a private sector residential tenancy to an end in Scotland both in respect of those entered into before and after 1 December 2017. Different methods apply in relation to social housing which are not covered within the scope of this Practice Note.

This Practice Note provides an overview of rent review clauses in commercial leases and their operation. It also provides an outline of the procedures used for settling rent review disputes by way of arbitration or expert determination.

This Practice Note considers the issues arising in commercial service charge disputes in Scotland. It does not consider disputes with factors or service charge in the residential context.

This Practice Note provides an overview of the key risks for consumers from cryptoassets, the current protections available and potential improvements that can be made to the regulatory regime.

This Practice Note is aimed at brands wishing to engage with influencers (or other talent) for particular social marketing campaigns and advertising promotions in Portugal. It covers: the applicable legal framework in Portugal, what kind of publications are regulated (including what constitutes a ‘commercial communication’ for the purposes of regulation), disclosure requirements, additional requirements where publication deals with consumer credit, health claims, alcohol, minors, and betting and gambling. The Practice Note also covers sanctions and risks, and key provisions in Portugal focused agreements.

This Practice Note examines the distinction between assignation and subletting of leases in Scotland, landlord's consent, and the respective remedies open to a landlord and tenant in the event that the other party breaches its obligations under the lease with regards to assignation or subletting.

This Practice Note is the first of two Practice Notes summarising the law in relation to assessing eligibility to participate in a public procurement process under the Public Contracts Regulations 2015. It examines the mandatory grounds for exclusion as well as the discretionary grounds, including exclusion for past poor performance, as well as the provisions for avoiding exclusion via ‘self-cleaning’ measures.

This Practice Note is the second of two Practice Notes summarising the law in relation to assessing eligibility to participate in a public procurement process under the Public Contracts Regulations 2015. It examines selection criteria that may be adopted, the means of proof, how clarification may be sought for incomplete, erroneous and/or missing information and how the number of eligible bidders invited to tender may be limited. This Practice Note concludes with a checklist of the key considerations for assessing eligibility.

This Practice Note considers enforcement of standard securities over heritable property in Scotland. It deals with the legal framework applicable, what amounts to debtor default, what creditors' rights on default are, service of enforcement notices by creditors, the steps creditors may take following expiry of notices, namely voluntary surrender procedures and use of court proceedings, the sale process and distribution of the proceeds of sale. It also briefly considers alternative enforcement using insolvency procedures.

This Practice Note covers the requirements of Regulation (EU) 2023/1115 of the European Parliament and of the Council of 31 May 2023 on the making available on the Union market and the export from the Union of certain commodities and products associated with deforestation and forest degradation (the EU Deforestation Regulation or EUDR). The Regulation imposes obligations on operators and traders to ensure that certain forest-derived products placed on the EU market, or exported from the EU, are deforestation-free, have been produced in accordance with environmental and human rights legislation in their country of origin, and are accompanied by a due diligence statement to ensure supply chain transparency. This Practice Note covers the EUDR’s scope, requirements relating to due diligence, risk assessment, risk mitigation, and information gathering, the role and powers of national competent authorities, related customs procedures, access to justice, and penalties for non-compliance.

The Insurance Act 2015 (IA 2015) represents the most comprehensive update of the statutory framework of English law for insurance contracts since the Marine Insurance Act 1906 (MIA 1906). This Practice Note considers the key provisions of the IA 2015 and how they will reform the law. This Practice Note also consider reforms to the Third Parties (Rights Against Insurers) Act 2010 introduced by the IA 2015 and changes to the law on damages for late payment of insurance claims, introduced by the Enterprise Act 2016 as Part 13A of the IA 2015.

This Practice Note considers the IR35 rules that apply when a public authority or a medium or large private sector entity with a UK connection engages an off-payroll worker through their own personal service company (PSC). These rules assign the responsibility for assessing whether IR35 applies to the end client (or another intermediary). This Practice Note explains how the regime operates, considers the detailed information requirements, such as the ‘status determination statement’, and also sets out the consequences of non-compliance. This Practice Note was produced in partnership with David Smith of DLA Piper.

This Practice Note considers the law of irritancy in the context of commercial leases in Scotland. In particular, it considers the differences between legal and conventional irritancies, irritancy procedure, defences and the effect of irritancy on sub-leases and charge-holders.

This Practice Note identifies and explains significant contractual issues arising in technology sourcing transactions and how to address them, providing analysis and links to key material.

This Practice Note considers break notices in the context of commercial leases in Scotland and in particular mandatory requirements, errors in expression, the identities of parties, service and the withdrawal of break notices. The Note does not cover break notices in agricultural leases.

This Practice Note introduces the concepts of malus and clawback provisions and details the practical considerations companies need to consider when using malus and clawback provisions in share option, share award and bonus documentation. The concept of withholding or recovering value from executives if a material adverse event occurs following the award of performance-related pay has become increasingly common in recent years. This Practice Note is written in conjunction with Nick Hipwell of DLA Piper UK LLP, Sarah Ferguson of Bird and Bird, and Rasmus Berglund and Clio Pialorsi of Macfarlanes LLP.