GLOSSARY

Compute definition

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What does Compute mean?

Typically used to refer to the processing resources (speed, capacity) of a computer device.

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Artificial intelligence and machine learning—an introduction to the technology

Artificial intelligence and machine learning—an introduction to the technology This Practice Note explains the basics of artificial intelligence (AI) and machine learning (ML) technology. It covers: • The history of AI and ML • The importance of data • Training an ML model • Types of ML • Considerations when selecting or assessing an ML algorithm • Neural networks • What is deep learning? • Common neural network architectures • Some examples of other commonly used ML algorithms • Key challenges for AI and ML—transparency, explainability and bias • Privacy and data protection • Protecting AI technology This Practice Note does not consider legal and regulatory issues arising in connection with the use or development of AI or ML technologies. For more on these matters, see Practice Notes: • Artificial intelligence—data protection • Artificial intelligence—intellectual property • Artificial intelligence in the EU—the key legal issues and Contractual considerations for the procurement of artificial intelligence—checklist. For a timeline of key legal developments in relation to AI, see Practice Note: Artificial intelligence—tracker. The history of AI and ML Although often thought of (and used) as a new exciting technology, AI has in fact been around for over 70 years. While sometimes assumed to be incomprehensible to anyone without a specialism in computing, AI is built on relatively simple mathematical concepts. Even today, when it has advanced into more computational complex algorithms, it is important to remember that it is just that, mathematical concepts implemented in software and written

When do the UK transfer pricing rules apply?

When do the UK transfer pricing rules apply? Scope of UK transfer pricing rules The UK transfer pricing rules apply for UK corporation and income tax purposes where: • a provision has been made or imposed between two persons by means of a transaction or series of transactions • the participation condition is satisfied • the actual provision differs from the arm’s length provision, and • there is a potential UK tax advantage These are explained further below. The rules apply to accounting periods ending on or after 1 July 1999 and (for income tax purposes) years of assessment from 1999/2000 onwards. Finance Act 2004 expanded the original legislation to cover transactions between UK companies from 1 April 2004. There are separate rules for oil-related ring-fence trades. Where they apply, the broad effect of the UK transfer pricing rules is to require an adjustment of taxable profits and losses of affected persons by substituting the arm’s length provision in the place of the actual provision. For more details, see Practice Note: What happens when the transfer pricing rules apply? Participation condition The participation condition is satisfied where • at the time of making the provision one of the affected persons was directly or indirectly participating in the management, control or capital of the other, or • the same person(s) was or were directly or indirectly participating in the management, control or capital of the affected persons The time frame within

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What is the deemed date of service, what is the purpose and how do I work it out?

What is the deemed date of service, what is the purpose and how do I work it out? When serving a claim form in the jurisdiction, the date of service is not the date on which the defendant receives the claim form. Instead, it is a date which is determined by application of provisions within the CPR. It is therefore called the 'deemed date' of service, as it may bear no correlation with the date on which the defendant receives the claim form. The deemed date of service is used to work out the timetable for the next stages of the proceedings, which are marked by the number of days since service of the claim form. The deemed date of service is laid down by the CPR and is not rebuttable by evidence (Godwin). Therefore even if it can be shown that the claim form was received, or even acknowledged as having been received on a particular date prior to the date of deemed service, is irrelevant for determining whether it was served in time. What is the purpose of the deemed date of service? This has been considered by a number of authors and

What is the courts’ approach where one party is suffering from a life-shortening illness, in particular in relation to capital?

What is the courts’ approach where one party is suffering from a life-shortening illness, in particular in relation to capital? There is limited case law on the issue of life-shortening illness and its impact on financial awards. Such cases often fall within the court’s consideration of section 25(2)(e) of the Matrimonial Causes Act 1973 (MCA 1973) as to any physical or mental disability of either of the parties to the marriage. The judgment in M v M, where the wife had a life-limiting illness, is considered in the News Analysis: Non-discrimination on the basis of disability. The decision in M v M (property adjustment: impaired life expectancy), was considered in M v M, in which the wife had been diagnosed as having a brain tumour, and this had led to a reduction in her life expectancy. The court at first instance found that the circumstances of the wife's health meant that a clean break could not be achieved, even as between husband and wife alone. The view of the judge was that a charge-back was necessary if the wife was satisfactorily to be provided for during her life. On appeal, the court found that to charge back 100% of her interest might provide legitimate grounds for criticism, since this would

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High Court enforces liquidated damages despite infelicitous drafting and partial possession of works (Buckingham Group v Peel)

Construction analysis: This case arises from the development of a new plant for the manufacture of corrugated cardboard at Ellesmere Port in Merseyside. The amended JCT Design and Build Contract 2016 contained a bespoke schedule setting out two alternative bases for calculating liquidated damages (LADs) in the event of a failure to meet one or more of the milestone dates. The claimant/contractor sought Part 8 declarations that the LADs were void and unenforceable, based on allegations that: (1) there were drafting errors in respect of the completion date, rates for LADs and/or the Contract Sum which was the basis for calculating LADs; and (2) the LADs provisions failed to provide a workable scheme in respect of partial possession. After undertaking a process of conventional construction, the court rejected the claim for declarations held that the LADs provisions were sufficiently certain and enforceable. This once again confirms the court’s reluctance to find that LADs agreed by the parties are void for uncertainty. Written by Mathias Cheung, barrister at Atkin Chambers.

Information Law weekly highlights—14 July 2022

This week’s edition of Information Law weekly highlights includes news that the Information Commissioner’s Office (ICO) has called for a review into the UK government’s use of private correspondence channels. It also includes news that the ICO and the National Cyber Security Centre (NCSC) have urged the legal profession to not advise clients to pay ransomware demands and of other recent developments relating to data protection, cybersecurity, confidential information and databases.

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