GLOSSARY
Budget definition
What does Budget mean?
A document setting out information on the economy and outlining the government's future tax plans. It is presented to the House of Commons each autumn by the Chancellor of the Exchequer. In addition to the Spring Statement, it is one of the most important fiscal events in the tax year.
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Facility agreements—construction provisions
Facility agreements—construction provisions The facility agreement is the principal document in the suite of documents which is needed for the provision of finance for a development or construction project. It sets out the terms and conditions under which a lender is prepared to provide finance for the project. The agreement will contain provisions which relate to all aspects of the funding arrangement, not just the construction related provisions. Whilst the banking and finance lawyers will draft and negotiate the finance related clauses, the construction lawyers will be required to look at the construction provisions on behalf of either the lender or the borrower. For more information on the general structure and layout of a facility agreement refer to Practice Note: Structure of a facility agreement for construction projects. In this Practice Note, the word borrower is used to describe the party who is borrowing the money. The borrower is usually a developer or employer. The word lender is used to describe the party lending the money (they may alternatively be referred to as the funder). This Practice Note highlights the common construction clauses which are typically found in a facility agreement. General considerations In order for the borrower to obtain the funding it requires, it must comply with the provisions of the facility agreement. A default by the borrower under the agreement could result in the lender refusing
State aid—Norway—Q&A guide [Archived, 2021 edition]
State aid—Norway—Q&A guide [Archived, 2021 edition] This Practice Note contains a jurisdiction-specific Q&A guide to state aid in Norway published as part of the Lexology Getting the Deal Through series by Law Business Research (published: March 2021). Authors: Arntzen de Besche Advokatfirma AS—Svein Terje Tveit; Torjus Midthun Otterbech 1. Outline your jurisdiction’s state aid policy and track record of compliance and enforcement. What is the general attitude towards subsidies in your system? Norway has a strong public sector, and the Norwegian state is relatively active and involved in the market through public ownership, regulations, direct subsidies and other forms of state aid, as exemplified now in a time of crisis (the covid-19 pandemic). Services of general economic interest (SGEI) are a popular tool currently applied in sectors such as transport, broadcasting, healthcare, public infrastructure and culture. Norwegian and EEA state aid enforcement is, nevertheless, still at a fairly low level compared with EU member states. The European Free Trade Association (EFTA) Surveillance Authority (ESA) had adopted 72 decisions as at 25 March 2021 (56 relating to the covid-19 pandemic), 13 decisions in 2019, six decisions in 2018, 14 decisions in 2017, 17 decisions in 2016, 19 decisions in 2015 and 21 decisions in 2014 respectively concerning state aid in Norway. Further, there has been a sharp rise in cases notified under the General Block Exemption Regulation (GBER) to
Defence and security procurement—Mexico—Q&A guide [Archived, 2021 edition]
Defence and security procurement—Mexico—Q&A guide [Archived, 2021 edition] This Practice Note contains a jurisdiction-specific Q&A guide to defence and security procurement in Mexico published as part of the Lexology Getting the Deal Through series by Law Business Research (published: February 2021). Authors: Santamarina y Steta SC—Sergio Chagoya D.; José Antonio López González 1. What statutes or regulations govern procurement of defence and security articles? Article 134 of the Mexican Constitution provides the general principles for public procurement in Mexico at the federal and state levels. The Law of Acquisitions, Leases and Services of the Public Sector (the Public Procurement Law), together with its ruling (the Regulation of the Public Procurement Law) comprise the main legal framework under which all federal public procurement for defence and security matters are regulated, and detail the general constitutional principles. At the local level, procurement for security goods and equipment is regulated in state and municipality's public procurement legal framework, all of which contain somewhat similar provisions to those contained in the Public Procurement Law and its ruling. 2. How are defence and security procurements identified as such and are they treated differently from civil procurements? Defence and security procurements are identified as cases where the exceptional procedure under article 41, subsection IV of the Public Procurement Law is to be used. Owing to their special status, they are treated differently from standard civil procurements in
Waste to energy infrastructure projects—an introduction
Waste to energy infrastructure projects—an introduction Historically, the main treatment route for waste in the UK has been landfill, primarily due to the availability of suitable sites created by past mineral extraction. However, since the mid-1990s, use of landfill sites has been changing, as the potential impact of waste management on climate change has become recognised and legislation has made landfill less attractive. These developments have, in turn, helped drive the development of waste to energy plants, which is about taking waste and turning it into a usable form of energy. This waste to energy can include energy outputs such as electricity, heat and commodities such as transport fuels or natural gas. Many plants are now being built with energy generation, in addition to waste management, being a key part of their function. Each year the UK produces 22 tonnes of municipal (ie from households, retail etc) solid waste and 47 tonnes from business. Over time, increasing amounts of waste have been processed at Energy from Waste plants and, by 2020, over 50 Energy from Waste plants were operating in the UK. These plants are feeding increasing amounts of power into the grid. There remains potential for growth and investment in this industry despite a number of high-profile insolvencies facing several large contractors working in this sector. The bad publicity will be a deterrent to some entrants
SEIS—introduction to regime and description of tax reliefs
SEIS—introduction to regime and description of tax reliefs The seed enterprise investment scheme (SEIS) was announced at the Autumn Statement in November 2011 and took effect from 6 April 2012. SEIS was originally introduced for a limited period only but, as announced at Budget 2014, legislation was introduced by Finance Act 2014 to remove the expiry clauses for SEIS relief, making the regime permanent (beyond its original expiry date of 5 April 2017). SEIS allows early-stage, unquoted companies (companies listed on AIM are unquoted for these purposes) that meet certain requirements to raise finance by issuing qualifying shares to qualifying investors. The SEIS regime is heavily based on the EIS regime, the key difference being the requirements are more stringent and targeted at companies in their initial start-up phase. These requirements relate to: • the individual investors (see Practice Note: SEIS—conditions for relief: individual investor conditions) • the issued shares, the funds raised and arrangements in general (see Practice Note: SEIS—conditions for relief: issued shares, the funds raised and arrangements in general), and • the issuing company (see Practice Notes: SEIS—conditions for relief: issuing company and SEIS—conditions for relief: qualifying trades) When advising on the availability of SEIS tax relief,
Software development—agile method
Software development—agile method Agile software development methods are now being widely used in the IT sector and are increasingly advocated as preferable to the traditional waterfall development model. However, contracting for Agile software development projects remains a challenge. Most standard software development contracts were designed for use with the waterfall model and can be difficult to reconcile with the principles that underpin Agile working practices. What is Agile? ‘Agile’ is an umbrella term for a number of different software development models or methods (including Scrum, Extreme Programming (XP), Crystal Clear and Dynamic Systems Development Method (DSDM)). A detailed overview of these development models is beyond the scope of this Practice Note. However, for further information about how Agile development models work in practice, see Bird & Bird’s Position Paper: Contracting for Agile software development projects. Waterfall v Agile—key distinctions The waterfall model The key feature of the waterfall model is that it is sequential—the project is divided into a sequence of separate phases (ie design, coding, testing and deployment), with each phase starting only when the previous phase has been completed. The project typically starts with a detailed planning phase, in which the customer’s requirements are analysed and documented in a detailed functional specification. Once the functional specification has been agreed, the project continues through the design, coding and testing phases, leading, finally, to deployment of the developed product. This process naturally leads to
SDLT: alternative property finance relief and musharaka—FA 2003, s 71A
SDLT: alternative property finance relief and musharaka—FA 2003, s 71A A musharaka is a form of Islamic financing that operates as a form of shared ownership arrangement. It can be used as a Shari’a-compliant alternative to acquiring land using a mortgage (see an example below at: SDLT consequences of the first transaction) or as a way of refinancing an existing loan secured over land. For more information on musharaka, see Practice Notes: • Musharaka—tax consequences of diminishing shared ownership arrangements—what is musharaka? • Structure of a musharaka transaction, and • The structure and elements of a musharaka transaction Where land is situated in England or Northern Ireland, the stamp duty land tax (SDLT) relief that is most relevant to a musharaka is set out in section 71A of the Finance Act 2003 (FA 2003) (land sold to a financial institution and leased to another person). This Practice Note: • outlines the conditions for relief under FA 2003, s 71A • illustrates the application of this relief by reference to a musharaka structure, and • is written on the assumption that: ◦ the only asset owned under the musharaka is land situated in England or Northern Ireland, and ◦ the eventual owner is not a first-time
UK REITs—anti-avoidance
UK REITs—anti-avoidance STOP PRESS: data-ln-csis="274768" data-ln-lnis="64X5-VMB3-GXF6-80XP-00000-00">Finance Act 2022 amended the real estate investment trust (REIT) regime. The amendments aim to reduce administrative burden and unnecessary costs for certain REITs and to increase the attractiveness of the regime. The changes amend: • the listing requirement • the definition of an overseas equivalent of a UK REIT • the holders of excessive rights rule, and • the balance of business test This follows a review of the UK funds regime and in particular, a consultation on the tax treatment of asset holding companies. The changes took effect from 1 April 2022. The government also consulted until 20 April 2021 on the UK funds regime more generally and sought views on REITs and: • the interest cover test and the corporate interest restriction • the three-year development rule • the three property rule, and • the overseas property rules See News Analyses: Autumn Budget 2021—Tax analysis—Real estate investment trusts (REITs), Legislation Day: Draft Finance Bill 2022—Tax analysis—Real estate investment trusts (REITs)—amendments and Promoting UK funds—potential reform of the UK REIT regime. This Practice Note examines the principal anti-avoidance provisions which apply to companies and groups of companies within the UK REIT regime. These rules amplify the anti-avoidance purpose of the conditions (and tests) for entry to, and ongoing application of, the UK REIT regime. These conditions and tests are considered in more detail in Practice
Taxation of investment trust companies (ITCs)—breaches of approval conditions and requirements
Taxation of trust'>investment trust companies (ITCs)—breaches of approval conditions and requirements FORTHCOMING CHANGE relating to the UK funds regime: It was announced at Budget 2020 that the government would be carrying out a review of the UK funds regime, covering both tax and relevant areas of regulation. The government published a call for input on 26 January 2021 setting out the scope and objectives of the review and inviting stakeholders to provide views on which reforms should be taken forward and how these should be prioritised. The call for input ran until 20 April 2021 and following Autumn Budget 2021, the government published a summary of responses and the proposed next steps. These include making the taxation of authorised funds simpler and more efficient, including in relation to the genuine diversity of ownership requirement, and solutions to deal with the tax efficiency of multi-asset authorised funds. In addition, work is also ongoing to review the VAT treatment of fund management fees and to consider the taxation of the new long-term asset fund structure (LTAF). For more details, see News Analyses: Review of the UK funds regime—an analysis and HM Treasury’s review of the UK funds regime—a call for input. As discussed in Practice Note: Taxation of investment trust companies (ITCs)—what are they?, a company must satisfy certain eligibility conditions and
Bonds in international supply contracts
Bonds in international supply contracts This Practice Note, Bonds in international supply contracts, sets out an introduction to the most common types of bonds used in international supply contracts such as pre-qualification bonds, tender (or bid bonds), advance payment bonds (APB), maintenance bonds, completion bonds, retention bonds, customs bonds and facility bonds. Bonds or guarantees are used on many projects in order to provide security to the customer against the supplier's non-performance. The Practice Note also considers how trade sanctions and embargoes may affect the performance of contractual obligations in international contracts for which a bond or guarantee may be required. Types of bonds Cross-border transactions may involve a string of guarantees and indemnities. The buyer may require a guarantee for obligations owed by the seller under the contract, and may insist that the guarantee is: • issued by a bank, and • payable in the buyer's home country Bonds may be conditional or payable on demand. A conditional bond is payable on the terms specified in the guarantee, and is generally conditional upon actual default under the underlying contract as evidence by an arbitration award or judgment in favour of the beneficiary of the bond. A demand guarantee is unconditional and payable upon first, usually written, demand. An international supply contract may have a bond put in place for a specific purpose depending on the point at which it is
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Joint venture shareholders’ agreement—deadlock (50:50)
Joint venture shareholders’ agreement—deadlock (50:50) This Agreement is made on [insert date] 20[insert year] Parties 1 [Insert name of first shareholder] incorporated in England and Wales under number [insert company number] whose registered office is at [insert address] ([A]), 2 [Insert name of second shareholder] incorporated in England and Wales under number [insert company number] whose registered office is at [insert address] ([B]), and 3 [Insert name of the company in which the shares are held] incorporated in England and Wales under number [insert company number] whose registered office is at [insert address] (the Company). BACKGROUND (A) The Company, at the date of this Agreement, has in issue ordinary shares of £[insert nominal value] each, of which one ordinary share has been issued fully paid and is registered in the name of [A] and one ordinary share has been issued fully paid and is registered in the name of [B]. (B) The Company shall carry on business in accordance with the terms and conditions of this Agreement. (C) [A] and [B] shall exercise their rights in relation to the Company in accordance with the terms and conditions of this Agreement. The parties agree: 1 Definitions and interpretation 1.1 In this Agreement, unless the context otherwise requires the following expressions shall have the following meanings: [A Business • means the business to be transferred to the Company by [A] at or before Completion on
Letter of instruction to costs draftsman to prepare a costs budget
Letter of instruction to costs draftsman to prepare a costs budget Dear [insert name of costs draftsman] Re: [Client’s name] Address: [Insert address] Date of Birth: [Insert date of birth] Date of Accident: [Date] You will note the proceedings served in this matter. As you aware, the case concerns [insert name of matter]. We anticipate that the likely issues in the case will be: [Insert details] 1 Incurred costs For details of incurred costs, see fee notes and file attached In brief, we have already prepared the following evidence: Expert evidence [Insert details of expert evidence] Witness evidence [Insert details of witness evidence] Counsel is acting on a [private OR CFA] basis. Relevant pre-action conduct by the other side: [Insert details] The defendants have [admitted liability OR denied liability OR failed to respond]: [Insert details]. The defendants were invited to mediate on [insert date] but [refused OR did not respond OR mediation failed]. The defendants have given the following disclosure: [insert details] The defendants have refused a request for disclosure of: [insert details] FUTURE WORK Future work on this case is likely to be as follows. 2 Statements of case An amendment to particulars is anticipated: [insert details]. Reply to defence is [necessary OR unnecessary]. Part 18 request is needed on the issue of [insert details]. Conference with counsel. 3 Case Management Conference
Monthly budget—law firms
Monthly budget—law firms The monthly budget predicts what income will flow into the firm and what financial expenditure will flow out each month, resulting in a net profit prediction. Breaking down your annual income and expenditure budget on a monthly basis is important because it helps you to assess whether you
Pro bono opportunity assessment form
Pro bono opportunity assessment form Every pro bono opportunity should be assessed against this checklist to get a clear understanding of whether it is the right type of project, case or initiative for our organisation. A: Opportunity details Summarise the pro bono opportunity [Insert brief details, eg to form an ongoing partnership with the local legal advice centre and provide volunteer lawyers to help run a legal advice clinic] How did this opportunity arise? [Insert details, eg one of our trainee lawyers used to volunteer at this advice centre and has been approached by her contact to see if the firm would be interested in providing it with ongoing support] Does this opportunity tie into the organisation’s values and ethics? ☐ Yes☐ No Will this opportunity help the organisation achieve any of its strategic goals? ☐ Yes☐ NoIf yes, please state which goal(s) Is the client an existing customer/client? ☐ Yes☐ NoIf yes, enter client name B: Scope and resource requirements What is the scope of this pro bono opportunity? [Describe what is involved with this pro bono opportunity eg Provision of two lawyers every Tuesday and Thursday evening between 5pm and 9pm to help the local legal advice centre run a legal advice clinic. Photocopying and printing support provided free of charge to help the clinic promote its services in the local community] What financial
Budget variance analysis—law firms
Budget variance analysis—law firms An annual or monthly income and expenditure budget is useful only if it is monitored. You should compare your predicted performance against actual performance on a monthly or quarterly
Schedule of services—Structural Engineer (traditional procurement)
Schedule of services—Structural Engineer (traditional procurement) Schedule of services—structural engineer (traditional procurement) The Consultant shall: General responsibilities (Stages 0–7) • [act as Lead Consultant in relation to the Project, which shall include: • advising in relation to the scopes of services for other members of the Design Team • advising on the need for other specialist consultants that may be required to complete the Project (and their scopes of services) • directing other consultants forming the Design Team • co-ordinating and integrating the design of the Project as a whole • arranging and chairing regular design meetings to facilitate the conduct of the Project and ensure that minutes are taken and circulated afterwards • facilitating communication between the Client and the Design Team] • [perform services as Principal Designer for the purposes of the Construction (Design and Management) Regulations 2015 to ensure best practice at all times in respect of safety in design OR interact and liaise as required with the Principal Designer and ensure best practice at all times in respect of safety in design] • receive the Client’s instructions and information relating to the Project • [liaise and co-operate with the Lead Consultant] • liaise and co-operate with other members of the Design Team • develop design within the cost parameters of the Project • prepare and/or review drawings and specifications as may be required • provide, agree and review with the Client on a regular basis a deliverables
Project management plan—arbitration
Project management plan—arbitration PRIVILEGED AND CONFIDENTIAL [COMPANY NAME] ARBITRATION WITH [NAME] [CASE REFERENCE] ____________________________________ PROJECT MANAGEMENT PLAN ____________________________________ SECTION A—INTRODUCTION 1 Purpose 1.1 This Project Management Plan (the Plan) is intended to provide an overview of the arbitration between [name] (Claimant) and [name] (Respondent). 1.2 The main purposes of the Plan are to: 1.2.1 [Enter text] 1.2.2 [Enter text] 1.2.3 [Enter text] 1.3 This Plan will be kept under review, and will be revised at key stages of the arbitration. The history of the revision of the Plan is as follows: No. Revision Date 1. Original version 2. 3. 2 Definitions 2.1 2.1.1 Claimant(s) in arbitration: (a) [name] (b) [name] 2.1.2 Respondent(s) in arbitration: (a) [name] (b) [name] 2.1.3 [Other definitions] SECTION B—OBJECTIVES AND REQUIREMENTS 3 [Name]’s objectives 3.1 [Name]’s objectives are: 3.1.1 [Enter text] 3.1.2 [Enter text] 3.1.3 [Enter text] 3.2 [Other party]’s likely objectives Objectives Basis 3.3 If the arbitration proceeds all the way to the end of proceedings, [name] seeks an award which: 3.3.1 [Enter text] 3.3.2 [Enter text] 3.3.3 [Enter text] 4 Requirements 4.1 [Name] has the following requirements, for the achievement of the above objectives: 4.1.1 [Enter requirement] 4.1.2 [Enter requirement] 4.1.3 [Enter requirement] 5 Methods of achieving objectives Method Timing Comments Arbitration Commenced on [date]. [Enter comment] Negotiation This may take place at any time. [Enter comment] Mediation This may take place at any time, but the chances of success are improved if it takes place after parties have set out their cases. [Enter comment]
List of issues to be determined
List of issues to be determined In the employment tribunals Case no: [Insert case number] Between: [insert name of claimant] Claimant and [insert name of respondent] Respondent ____________________________ LIST OF ISSUES ___________________________ Equality Act 2010 claims—jurisdictional Issues Time limits 1 Have the Claimant's claims of [insert details of type of claim, eg disability] discrimination been brought within three months of the acts complained of, taking into account the effect of the ‘stop the clock’ provisions in respect of early conciliation? (EqA 2010, ss 123(1)(a) and 140B)) 2 In respect of the Claimant’s complaints which are based on the Respondent’s failure to do something, namely [insert details of complaints based on omissions], when is the Respondent to be treated as having decided those things? (EqA 2010, s 123(4)) 3 In respect of any complaints which are out of time, do they form part of a continuing act, taken together with acts which are in time? (EqA 2010, s 123(3)(a)) 4 If the complaints were not submitted in time, would it be just and equitable to extend time[, having regard in particular to [insert particulars of why the Claimant says it would be just and equitable to extend time, eg the Claimant's ill-health, the Claimant's attempts to seek an internal resolution of his/her/their complaints before submitting tribunal proceedings, the erroneous legal advice given to the Claimant, the fact that the Respondent misled the
Head of learning and development or Learning and development manager—role profile
Head of learning and development or Learning and development manager—role profile Key information Name of firm Name of role holder Reports to Role type [full-time/part-time/contractor][If a contractor role, length of contract] Primary location Date role commenced Length of probation period End of probation review date Role summary • To provide effective learning and development (L&D) support to the business at all levels and across all disciplines. • To ensure the L&D function is fully aligned with business needs and at all times delivers value for money. • To build strong working relationships with all departmental managers. • [[insert any additional requirements specific to your firm]] Key responsibilities • Management of the L&D provision as a leading-edge, efficient and responsive support function to the operational business. • Support the [insert relevant role title, eg Head of Professional Standards and Training] to achieve the firm’s quality standards. • Management and development of the L&D team. • Management of the L&D budget. • Identify organisational and individual learning needs through appropriate methods of research, eg by conducting a detailed learning needs analysis and produce a rolling training plan for all staff. • Creation and management of relationships with key stakeholders throughout the firm. • Creation, agreement and achievement of service level
Process management—step plan
Process management—step plan This Step plan links to Practice Note: data-ln-csis="394018" data-ln-lnis="649C-3BT3-CGX8-01C7-00000-00">Process management. Task Points to consider Actions ☐ Prioritise Legal department’s work according to what is strategic for the business A review of Legal department’s budget and activity will help you to assess how the legal team can work more effectively and achieve the right outcomes for the organisation. An understanding of your organisation’s long-terms goals and objectives will help you to ensure that Legal department can align its skills and resources to the organisation’s strategy. For more guidance take a look at:—Practice Note: Strategic alignment —Precedent: Strategic planning—step plan Which are the high-value activities that Legal department engages in, which are the low-value ones?Consider how to stop/outsource/re-process low-value activity.Is all the work done by Legal department still appropriate/relevant? Just because something has been done in the past doesn’t mean that it has value or that it is even relevant now. ☐ Assess the ways that Legal services are delivered to the organisation Is work being diverted to external providers/advice being sought that could be provided by Legal department? Categorise existing service
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Where the court has ordered a defendant entitlement to enter judgment on its counterclaim following strike out of the claimant’s claim for non-compliance with directions, how does the defendant seek recovery of its costs (of defending the claim and bringing the counterclaim) in excess of fixed costs, incurred to date?
Where the court has ordered a defendant entitlement to enter judgment on its counterclaim following strike out of the claimant’s claim for non-compliance with directions, how does the defendant seek recovery of its costs (of defending the claim and bringing the counterclaim) in excess of fixed costs, incurred to date? The Q&A does not specify whether the proceedings are subject to the fixed costs regime, or whether the case has been allocated to a different track. Different tracks have different costs rules. In particular, whereas the usual rules about recovering costs apply on the fast track (for example, the ‘loser pays’ principle, and the court’s assessment of reasonableness and proportionality), costs recovery is likely to be limited. In addition, in fast track cases, recoverable trial costs are very limited (CPR 28.2(5)). Given that there should be no difficulty in recovery of costs in excess of fixed costs for a claim to be allocated to the multi-track, it is assumed that the proceedings in this Q&A are allocated to the fast track. The fixed costs regime in CPR 45 applies unless the court orders otherwise (CPR 45.1(1)). The court has wide discretion regarding costs (CPR 44.2). Moreover, it has been established that the discretion provided by CPR 44.2 applies to fixed costs cases
How are the costs of budget drafting (1% of approved budget or £1,000) and budget process (2%) in a budgeted case recovered? Should they be added into the bill of costs or is there a different process?
How are the costs of budget drafting (1% of approved budget or £1,000) and budget process (2%) in a budgeted case recovered? Should they be added into the bill of costs or is there a different process? See the model electronic bill of costs, Precedent S and specifically sheet 15, entitled ‘ReferenceTable—Phase
What do I need to know about ICANN's new gTLD program?
What do I need to know about ICANN's new gTLD program? What is happening? The Internet Corporation for Assigned Names and Numbers (ICANN) oversees around 20 generic top-level domains (gTLDs) such as .com, .biz and .net. The new gTLD program heralds the introduction of thousands of new gTLDs. To date ICANN has released over 175 new gTLDs. ICANN is expected to release a further 2,000 domain names during the remainder of 2014. Around 40% of the gTLD applications are for brand names eg .bmw, .boots and the remainder are mainly generic words eg .book, .car or acronyms. The rationale behind this expansion is to encourage competition in the domain name market as organisations (companies, individuals, governments etc) may apply to operate their own gTLD registries. ICANN's initiative may be both an opportunity for brand owners to increase online presence and a potential problem as the scope for trade mark infringement via domain name registration (cybersquatting) appears limitless. As many deadlines have shifted there is confusion among brand owners and gTLD applicants. This FAQ sets out some key issues for brand owners which are explored further in Practice Note: ICANN—New Generic Top Level Domain Program and brand protection. Where are we now • ICANN began accepting applications for new gTLDs in the first half of 2012—the application window closed on 30 May 2012 • as of August 2014,
Is there guidance on what should go into a top-up agreement for care fees between a local authority and third party following section 30 of the Care Act 2014 and Care and Support and After-care (Choice of Accommodation) Regulations 2014, SI 2014/2670?
Is there guidance on what should go into a top-up agreement for care fees between a local authority and third party following section 30 of the Care Act 2014 and Care and Support and After-care (Choice of Accommodation) Regulations 2014, SI 2014/2670? Guidance on what should go into an agreement concerning the additional cost condition Section 30 of the Care Act 2014 and the Care and Support and After-care (Choice of Accommodation) Regulations 2014, SI 2014/2670 entitle an individual to select the accommodation of their choice to provide residential care. If the cost of the chosen accommodation is more than the amount specified in the personal budget, the Choice of Accommodation Regulations 2014,
What are the costs budget requirements for Part 20 claims? Should the defendant bringing a Part 20 claim file a single budget including all costs or separate budgets relating to them as a defendant and as a Part 20 claimant?
What are the costs budget requirements for Part 20 claims? Should the defendant bringing a Part 20 claim file a single budget including all costs or separate budgets relating to them as a defendant and as a Part 20 claimant? Costs budgeting Each party normally prepares one costs budget, seeks to agree it with the other party and, if not agreed, makes submissions at the case management conference supporting the costs budget it has produced. However, where a case involves multiple parties or claims there are no specific Civil Procedure Rules provisions on how to approach costs budgets. The rules for costs budgeting are set out in Part 3 at CPR 3.12–CPR 3.18 and Practice Direction, CPR PD 3E. The court may order a bespoke system of costs management including how to deal with costs budgets. Caw law The case of CIP Properties v Galliford Try Infrastructure involved a defendant which had brought a Part 20 claim. The Queen’s Bench Division (Technology and Construction Court) considered whether the defendant should provide separate
How can compliance teams ‘do more with less’ and ensure their companies avoid the existential threat of a compliance breach, while fighting to avoid the existential threat that is the coronavirus (COVID-19)?
How can compliance teams ‘do more with less’ and ensure their companies avoid the existential threat of a compliance breach, while fighting to avoid the existential threat that is the coronavirus (COVID-19)? This Q&A suggests how compliance teams can ‘do more with less’ and ensure their companies avoid a compliance breach during the coronavirus (COVID-19) pandemic. It is part of a series of Q&As, produced in partnership with Emily Lewis and Rubi Palmieri of Fulcrum Chambers, covering various compliance issues for in-house teams during the coronavirus pandemic. It is likely that many compliance teams are facing significant resource challenges as a result of the coronavirus (COVID-19) pandemic, both in terms of financial resources (as a result of budget stripping/reallocation) and human resources (as a result of employee absences and a concurrent increase in workload flowing from the changing risk landscape and supply chain weaknesses). To ‘do more with less’, compliance teams need to ensure they use technology to do routine tasks to free up team members for tasks of a more advisory or complex nature. Such routine tasks may include: • updating/assigning counterparty risk profiles • identifying proportionate due diligence requirements for counterparties • notifying team members
Where a litigant in person appoints solicitors after the deadline for costs budgets has passed, is there a requirement to file a costs budget?
Where a litigant in person appoints solicitors after the deadline for costs budgets has passed, is there a requirement to file a costs budget? It is assumed that the claim falls with the requirements for a costs budget and that you are acting for the claimant. For guidance, see Practice Note: Costs management and costs budgeting—general principles. A litigant in person is exempt from costs budgeting and therefore there was no requirement to file a costs budget at the time of the case management conference. Where, as in the scenario set out in the question, a litigant in person subsequently instructs solicitors to act on their behalf, the issue is whether a costs budget should then be filed. There is no rule within the CPR that addresses this point and we have been unable to find any case law which would assist in understanding the approach to be taken. A starting point is to look at the purpose of costs budgeting which is set out in CPR 3.12(2). This states that: ‘...[t]he purpose of costs management is that the court should manage both the steps to be taken and the costs to be incurred by the parties to any proceedings so as to further the overriding objective.’ The court retains a discretion to order costs management in any case in which parties are
Will my client have to pay the higher 3% rate of stamp duty land tax (SDLT) on the purchase of a main residence where there is an order for sale of the former marital home following the grant of a decree absolute in place but the former marital home has not yet been sold?
Will my client have to pay the higher 3% rate of stamp duty land tax (SDLT) on the purchase of a main residence where there is an order for sale of the former marital home following the grant of a decree absolute in place but the former marital home has not yet been sold? The higher rates apply to the purchase of a major interest in a single dwelling by an individual, if at the end of the day of purchase, Conditions A–D are met: • Condition A—the chargeable consideration is £40,000 or more • Condition B—the dwelling is not subject to a lease which has more than 21 years to run on the date of purchase • Condition C—the purchaser owns a major interest in another dwelling which has a market value of £40,000 or more and is not subject to a lease which has more than 21 years to run at the date of purchase of the new dwelling, and • Condition D—the dwelling being purchased is not replacing the purchaser’s only or main residence Autumn Budget 2017 introduced certain exemptions to the higher rates that apply from 22 November 2017. One of these exemptions relates to property on a divorce. Where a person (A) has a major interest in a dwelling and that dwelling is subject to a property adjustment order on divorce or dissolution of a
How do I protect my trade mark following registration?
How do I protect my trade mark following registration? Use notices There is no legal requirement to use trade mark notices but it may help to deter would be infringers. It is a good idea to the ® symbol alongside the trade mark. Include a trade mark notice on your website or marketing literature. The use of the TM symbol which is used in respect of unregistered trade marks may serve as a deterrent although it has no legal meaning. See precedent: Intellectual property notices and Do I need to use trade mark and copyright notices?. Monitor trade mark applications Use a professional watch service (offered by trade mark attorneys ) to monitor any identical or similar trade mark applications that you might wish to oppose to protect your trade mark rights. Visit the Institute of Trade Mark Attorneys website to find an attorney. See Practice Note: Opposing a UK trade mark application. Enforce trade mark rights Unchallenged trade mark infringement will dilute the value of your trade mark.
What is the type and extent of due diligence required in an AIM or Main Market IPO and how long does it take to complete?
What is the type and extent of diligence'>due diligence required in an AIM or Main Market IPO and how long does it take to complete? Written in partnership with Daniel Simons (Partner, Hogan Lovells International LLP) and Melissa Ratchev (Associate, Hogan Lovells International LLP). This Q&A considers the nature and extent of due diligence required in an AIM or Main Market Initial Public Offering (IPO) and how long such due diligence takes to complete. Why carry out due diligence on an applicant pursuing an AIM or Main Market IPO? The due diligence exercise is a critical part of the IPO process. It requires a full investigation by the company and its advisers into the company's business, finances, prospects and risks in order to provide the necessary information in the offering document (that is, a prospectus where there is an offer to the public or for an admission of securities to trading on the Main Market, or an admission document for an admission of securities to trading on AIM) which will be distributed to potential investors. Sufficient due diligence can lead to a defence of reasonable care for the company and the sponsor or nominated adviser to any allegation of liability arising from incomplete or misleading disclosure. Additionally, the due diligence exercise helps the deal team to: • ascertain the value of the company and consequently, assist with pricing the
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Caterpillar or copy-cat?—a look at copycatting in the food and drink sector
IP analysis: With news that an out of court settlement has been reached between Marks & Spencer (M&S) and Aldi in the widely publicised dispute over caterpillar shaped cakes, Joe Francké, trade mark attorney at Kilburn & Strode, takes a deeper look at copycatting in the food and drink sector.
EU Competition law—daily round-up (17/06/2022)
A round-up of EU competition law developments, including (amongst other things) the latest Commission decision under the State Aid Temporary Framework for the coronavirus pandemic.
Requirement for physical address for service and award of indemnity costs the norm (Axnoller Events v Brake)
Dispute Resolution analysis: The case involved a useful examination of the rules on the requirement for parties to provide a physical address for service and whether an email address is suitable. His Honour Justice Paul Matthews held that the wording of CPR 6.23 is clear and that an address ‘must be an address within the UK or EEA state at which the party resides or carries on business’. For these purposes, an email address will not satisfy the rules. Paul Matthews HHJ also held that under CPR 5.4B, the court can dispense with or qualify the requirement to provide a physical address to another party. The court must decide in case of any dispute. The judgment also highlights circumstances in which the conduct of the parties involved in litigation can justify an award of costs against them to be assessed on an indemnity basis. Finally, the judgment confirmed that parties can agree variations to costs budgets between themselves (but are still subject to court approval) and clarified the law on an interim payment to court on account of mesne profits. Written by Michael Anderson, solicitor at Lee Bolton Monier-Williams LLP.
EU Law weekly highlights—16 June 2022
This week's edition of EU Law weekly highlights includes the EU taking legal action against the UK after the publication of the Northern Ireland Protocol Bill, the European Parliament calling on the European Council to start revision of EU Treaties and MEPs objecting to the European Commission’s plan to include gas and nuclear activities as environmentally sustainable under the Taxonomy Regulation. The highlights further include MEPs adopting the position on vehicle emissions, carbon sinks and effort sharing as well as MEPs rejecting proposed revisions to EU ETS, CBAM and Social Climate Fund as part of the Fit for 55 initiative and the Council of the EU adopting its position on the revised EU consumer credit directive.
UK still lacking on ability to probe suspicious finance
Law360, London: The UK has taken some steps to bolster its Financial Intelligence Unit (FIU), but the agency still lacks the resources needed to operate robustly, the Financial Action Task Force (FATF) has found.
Environment weekly highlights—9 June 2022
This week's edition of Environment weekly highlights includes an analysis on the Office for Environmental Protection’s first monitoring report of the 25 Year Environment Plan and the legal challenge against the inclusion of gas projects in the EU’s list of projects of common interest. In addition, this week, the Department for Environment, Food & Rural Affairs launched a consultation on marine net gain, the Ivory Act 2018 entered into force, the Environment Agency published the Flood and Coastal Erosion Risk Management Strategy Roadmap to 2026, the Department for Transport launched a consultation on proposals to create an approval scheme for new road vehicles in Great Britain, and the European Parliament and Council of EU reached a political agreement on common charger rules.
Commercial weekly highlights—9 June 2022
This week's edition of Commercial weekly highlights includes: analysis of the Commercial Court judgement in Ivy Technology Ltd v Martin which held that a non-compete clause in a sale and purchase agreement was unenforceable, analysis of the High Court judgment in Montres Breguet v Samsung considering Article 14 of the E-Commerce Directive and news of the Commercial Court judgment in DD Classics Ltd v Chen ruling that time was not of the essence of a contract for sale of a car.
Family monthly highlights—May 2022
This month’s edition of Family highlights includes details of the announcement from the Financial Remedies Court on transparency following consideration of anonymity orders in financial cases, consideration of sharing and conduct in short marriages, practice points on the use of intimate images within private law children proceedings and guidance on the approach to retained EU law. Updated HMCTS guidance on lodging a contested financial remedy application is set out, together with a new notice of change facility confirmed for online financial remedy proceedings and changes to listing at the Central Family Court. In addition to links to analysis of other key decisions, recently updated content is also detailed.
Environment weekly highlights—26 May 2022
This week's edition of Environment weekly highlights includes analysis on the Pensions and Lifetime Savings Association’s report on net zero carbon emissions by 2050 provisions in retirement saving schemes investment plans and EU’s plans to include sustainability preferences in insurance-based investment assessments. In addition, this week, the Department for Environment, Food & Rural Affairs announced a new Genetic Technology Bill, published a policy paper outlining a broad range of statistics and data that will be obtained to monitor the improvement of the natural environment, published the Pollinator Action Plan for 2021–24 and opened a £6.4m fund for threatened species, the Office for Environmental Protection responded to the consultations on the Joint Fisheries Statement, biodiversity net gain proposals and nature recovery green paper and , the Environment Agency confirmed that 33 companies were fined over £27m for breaching climate change schemes. We have also published a new Practice Note which summarises the provisions in the Environment Act 2021 which relate to environmental governance.
Draft law on external management over certain foreign-owned companies submitted to Russian Parliament
Restructuring & Insolvency analysis: The draft law on external management was submitted to the Russian Parliament and differs considerably from the previous version. The new draft provides for the establishment of a special interdepartmental commission that will have broad powers to impose external management on any company as it deems necessary. The law is still proposed to apply to circumstances that occurred from 24 February 2022. If adopted, the law will create further uncertainty in Russian markets. Written by partner Vasilisa Strizh, and associates Polina Sizikova, Valentina Semenikhina, and Alexandra Rotar at global law firm, Morgan, Lewis & Bockius LLP.
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