GLOSSARY
Programme definition
What does Programme mean?
The programme, usually presented as a timeline/chart, is the document recording the contractor’s sequencing and timing for carrying out the works. It is usually prepared by the contractor at the start of the works, presenting the timeline that the contractor proposes to build to, showing activities occurring between particular dates.
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Equity derivatives—France—Q&A guide
Equity derivatives—France—Q&A guide This Practice Note contains a jurisdiction-specific Q&A guide to equity derivatives in France published as part of the Lexology Getting the Deal Through series by Law Business Research (published: March 2020). Authors: Latham & Watkins LLP—Thomas Vogel; Suzana Sava-Montanari 1. Other than transactions between dealers, what are the most typical types of over-the-counter (OTC) equity derivatives transactions and what are the common uses of these transactions? The market for OTC derivatives transactions in France is well established and equity derivative products are routinely used in the implementation of stake-building transactions, equity price risk hedging strategies and share repurchase schemes. Typical equity derivatives products used by issuers on the French market include (but are not limited to): • call options, put options and total return swaps to hedge equity price risks on a bespoke basis; • funded collar in the context of the leveraged acquisition of a stake in a publicly listed company involving an embedded hedge to the market price of the equity purchase (often on a tranched basis); • unfunded collar in the context of the disposal of a stake in a publicly listed company involving an embedded hedge to the market price of the equity disposal (often on a tranched basis); • prepaid equity forward in the context of share buy-backs involving a forward transaction that is settled on the basis of the discounted volume-weighted average price of
Sponsorship
Sponsorship This Practice Note provides an overview of the key elements of a sponsorship deal, including establishing a sponsorship hierarchy for multiple sponsors, exclusivity arrangements, standard and additional rights commonly found in a sponsorship deal, fees and payment by value-in-kind, protection of sponsorship as well as compliance and regulatory issues. Brands are increasingly looking to align themselves with events or content that consumers care about. For this reason, sponsors are increasingly aligning themselves with areas outside of the traditional sports sponsorship model. For example, there has been significant growth in sponsorship of music events and artists, sectors that brands traditionally shied away from due to the myriad of rights owners. English law does not recognise the existence of proprietary rights in a sports (or other) event. It follows that there is no such recognised right as ‘sponsorship rights’ to an event, team or league. The sponsorship rights granted by rights holders to brands do not exist in and of themselves, rather they are created, exploited and protected via a contractual and legal matrix. Types of sponsorship There are many different types of sponsorship opportunities available, including sponsoring: • a team • an individual • an event, or series of events • a venue • content (such as a television programme) Key components of a sponsorship deal Sponsorship hierarchy Sponsorship programmes have developed to form a hierarchical model with the sponsors at the top granted the widest suite
Head of State and Parliament
Head of State and Parliament Who is the Head of State? The monarch is Head of State and is formally: • the Supreme Executive Officer of the State • the Supreme Governor of the Church of England • titular commander-in-chief of the three branches of the armed forces (army, navy, and air force) and • the source of justice and of all titles of honour, distinctions and dignities Foreign affairs, including international treaty-making powers and declarations of war and peace are conducted in the monarch’s name by the executive. This is referred to as the exercise of the royal prerogative (see below). In the absence of a single written constitution, the Crown operates as a symbol for the State with the monarch acting as a figurehead in performing substantive ceremonial duties, such as the State opening of Parliament. Relationship with Parliament The Crown’s dependence on its people is represented through its relationship with Parliament. Originally the monarch exercised the supreme executive, legislative and judicial power of the state in person. Over the course of modern history, particularly following the enforced abdication of James II and enactment of the Bill of Rights 1688, the monarchy’s role has developed to that of a public institution acting as the constitutional Head of State. The phrase ‘Crown/Queen in Parliament’ is used to describe the legislature, which consists of the Sovereign, the House of Lords and the House of
Preparing for an immigration appeal to the First-tier Tribunal (IAC)
Preparing for an immigration appeal to the First-tier Tribunal (IAC) Coronavirus (COVID-19): This Practice Note contains guidance on subjects impacted by the government’s response to the coronavirus (COVID-19) outbreak. For updates and links to useful information, news and news analysis in relation to the implications for immigration lawyers, see Practice Note: Coronavirus (COVID-19) immigration resources. The procedural steps to be followed in a First-tier Tribunal appeal are examined in the Practice Note on Procedure in the First-tier Tribunal (IAC). This Practice Note looks at the practical issues involved in the preparation of the evidence, appellant’s bundle and pleadings in an appeal to the First-tier Tribunal, following the lodging of the appeal and payment of any fee. Preparation of appellant’s bundle As a matter of the First-tier Tribunal’s case management powers, it will invariably require a party to produce a bundle of evidence. Under the online process, the respondent is required to provide the respondent’s bundle not later than 14 days after the notice of appeal is lodged. The model directions require the documents listed at r 24(1) of the Procedure Rules to be included within the respondent’s bundle. These are: • the notice of the decision to which the appeal relates and any other documents provided to the appellant giving reasons for the decision • any statement of evidence or application form completed by the appellant • any record of interview that
Statement of Changes in Immigration Rules, HC 693—analysis [Archived]
Statement of Changes in Immigration Rules, HC 693—analysis [Archived] This analysis covers the main changes to the Immigration Rules (the Rules) set out in HC 693 that are likely to be of most interest to business immigration advisers. It is possible to navigate to specific topics quickly using the Contents bar at the bottom of the page. HC 693 was issued on 16 October 2014 and covers a wide range of new measures including: • the introduction of new procedural rules and Appendix AR, which covers the administrative review (AR) procedure which replaces appeal rights for Tier 4 students and their family members, who have not made a human rights or protection claim • substantive changes to the Tier 1 (Investor) category, further to the government's consideration of a related report from the Migration Advisory Committee which was published earlier in the year • what many commentators are calling the 'final death knell' of the Points-Based System (PBS), with the introduction of genuineness and related subjective tests into various of the remaining PBS categories that were previously unaffected • specific provisions to deal with suspected fraud in relation to English-language testing in relation to applications for limited leave under Appendix FM and Part 8 and for settlement where Appendix KoLL applies (where there is also a similar provision in relation to the Life in the UK test) • numerous minor technical
Pharmaceutical trade marks and parallel imports
Pharmaceutical trade marks and parallel imports Pharmaceutical trade marks: regulation and naming procedures In most fields of business, trade mark owners have a relatively free hand in selecting the brands they use to market their goods or services. In general, where there is no risk of confusion on the part of the relevant consumer with an earlier brand, a trade mark will be free for use. This is not the case with respect to trade marks for pharmaceutical products, which are subject to an extra layer of regulation in order to protect public health. Pharmaceutical trade marks can only be put into commercial use once they have been granted a marketing authorisation (MA). In determining whether to grant an MA, the competent authorities will decide whether the trade mark poses a risk to public health. This decision is not reached through a classical trade mark infringement assessment, but instead centres on the potential for medication errors which could lead to serious health risks. The various considerations applicable to pharmaceutical trade marks will impact in different ways on the selection of the candidate marks. Where identical or confusingly similar trade marks are used for the same or related medical indication, there is a trade mark conflict. Where a trade mark is likely to cause confusion in print, handwriting or speech with the name of another medicinal product, there is
Applying for a Workers and Temporary Workers sponsor licence: key personnel and representatives
Applying for a Workers and Temporary Workers sponsor licence: key personnel and representatives When applying for a sponsor licence, an organisation must decide who will act as its 'Key Personnel' for the purposes of the licence and its relationship with the Home Office. These are: • Authorising officer (AO) • Key contact (KC) • Level 1 user • Level 2 user Roles, responsibilities and requirements The table below summarises the key duties and responsibilities of each role and the key requirements for the holder of each. The same person can fill all the roles or different people can fill different roles. All must be a paid member of staff of the applicant organisation and/or an ‘office holder’, unless one of the other possibilities shown in the table applies. An office holder is usually a person who has been appointed to a role of responsibility at the organisation but who is not employed by them, eg as a registered company director. The Sponsor Guidance gives more details of this. 'Paid members of staff' will not include temporary staff supplied by an agency. Only Level 2 users can be agency staff. None of the roles can be undertaken by contractors or consultants who are contracted to perform a specific function, although Level 1 and 2 users can be employees of a third party to whom a sponsor has contracted out its HR function, and legal representatives can act as
GDPR enforcement by UK and EEA supervisory authorities—tracker
GDPR enforcement by UK and EEA supervisory authorities—tracker A key objective of the EU’s General Data Protection Regulation, Regulation (EU) 2016/679 (EU GDPR) was to achieve a level of consistency in relation to how data protection law is implemented and enforced across the EU and EEA. However, there is no single repository for enforcement actions taken by the over thirty supervisory authorities that exist across Europe. See Practice Note: EU and EEA data protection supervisory authorities for a list of the main supervisory authorities in the EU and EEA. Due to the lack of a single repository for enforcement actions, this Practice Note is not comprehensive but tracks those EU GDPR enforcement decisions: • published as a ‘national news’ press release by the European Data Protection Board (EDPB) • that the Information Law team otherwise become aware of from various sources where total fines are over €2m This Practice Note also tracks enforcement actions in the UK by the UK Information Commissioner’s Office (ICO) under: • Regulation (EU) 2016/679, the EU GDPR regime (applicable under UK law until the end of the Brexit implementation period at 11 pm UK time on 31 December 2020), and • the United Kingdom General Data Protection Regulation, Retained Regulation (EU) 2016/679 (UK GDPR) regime (applicable under UK law from the end of the Brexit implementation period on 31 December 2020) References to provisions are to those
Agricultural holdings in Scotland—subsidy rights
Agricultural holdings in Scotland—subsidy rights The administration of the present EU agricultural subsidy schemes in Scotland is in disarray due to multiple and ongoing failures of the computer system run by the Scottish Government Rural Payments and Inspections Department (RPID) also referred to as Agriculture Food and Rural Communities Directorate (AFRCD). RPID administers a variety of EU and National subsidy schemes, mostly through the Integrated Administration and Control System (IACS)—hence the term ‘IACS Forms’. Notwithstanding the problems with the computer, application forms, either hard copy or online, must be completed, usually annually and with scheme specific closing dates, to apply for subsidy. The Agriculture Act 2020 (AA 2020) contains wide-ranging provisions dealing with agriculture following the UK's withdrawal from the EU. Much of AA 2020 does not apply in Scotland. Agriculture is a devolved matter under the Scotland Act 1998. The Agriculture (Retained EU Law and Data) (Scotland) Act 2020 (A(REULD)(S)A 2020), in force from 1 January 2021, provides powers for the Scottish Ministers to modify the effect of retained EU law relating to the Common Agricultural Policy (CAP), and to collect and process agricultural data. A(REULD)(S)A 2020, ss 1–12 deals with retained EU law and regulations being those incorporated in domestic law by virtue of the European Union (Withdrawal) Act 2018, the Direct Payments to Farmers (Legislative Continuity) Act 2020, or such other enactment as the
Mergers and acquisitions in the life sciences sector
Mergers and acquisitions in the life sciences sector On 31 January 2020, the UK ceased to be an EU Member State and entered an implementation period during which it continues to be treated by the EU as a Member State for many purposes. As a third country, the UK can no longer participate in the EU’s political institutions, agencies, offices, bodies (except to the limited extent agreed), but it continues to be subject to EU law and must submit to the continuing jurisdiction of the Court of Justice of the EU in accordance with the transitional arrangements in Part 4 of the Withdrawal Agreement. For further reading, see: Brexit—Life Sciences and News Analysis: Brexit Bulletin—key updates, research tips and resources. In recent years, the life sciences sector has experienced significant merger and acquisition (M&A) activity. This Practice Note discusses some of the factors that have driven deal flow in the industry and explores some of the key considerations legal counsel should be mindful of when representing parties to such transactions. For the purposes of this Practice Note, the life sciences sector is generally considered to include pharmaceuticals, health-oriented biotechnology products and medical devices. This Practice Note focuses on issues that are common in life sciences M&A transactions and issues that tend to assume more importance in life sciences deals than in deals in other industries. Industry-specific
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Concurrent delay clause
Concurrent delay
Notice of exercise of option
Notice of exercise of option The Company Secretary [insert date of letter] [insert name of company who granted the option] (Company) [[insert address of company that granted the option]] Form of notice of exercise From: [insert name of option holder] 1 Exercise of the Option I refer to the option granted to me on [insert date on which the share option was originally granted] over [insert class and nominal value of shares under option] shares in the Company (Shares) [under the terms of the [insert name of plan under which option was granted] (Plan) OR by a deed entered into by the Company on that date (Deed)] (Option), and hereby give notice that I am exercising the Option in respect of [insert number of shares being exercised] Shares at the exercise price of £[insert exercise price per share as in the original grant documentation] per Share (Exercise price) and request the allotment or transfer to me of those Shares in accordance with the terms of the [Plan OR Deed OR and the Memorandum and Articles of Association of the Company. I request that you place my name on the register of members in respect of those Shares and I hereby confirm that the above exercise is subject to the remainder of this Notice. [I enclose the share option agreement OR Deed OR share option
In-house lawyers—Business case for learning and development
In-house lawyers—Business case for learning and development Executive summary [Insert a brief summary of the main recommendations within the document.] What is the business need? [Insert details of what performance changes are needed to meet the business needs.] [Insert details of how these performance changes can be best met by training.] What external factors are affecting the legal department? [Insert details of any external factors impacting the legal department.] [Insert details of any known financial impact on the legal department as a result of the identified external factors.] What internal factors are affecting the legal department? [Insert details of the business objectives from the current business
MLCO and nominated officer—combined job description and role profile
MLCO and nominated officer—combined job description and role profile 1 Introduction This job description and role profile relates to the combined position of money laundering compliance officer (MLCO) and nominated officer (NO). References to the MLR 2017 are to the Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017, SI 2017/692. 2 MLCO/NO role holder details Name of organisation [Insert organisation name] Name of MLCO/NO [Insert name] Status [Insert description that demonstrates board-level or equivalent status for MLCO role, eg Director and member of senior leadership team] Full time/part time ☐ Full time☐ Part time Details of any other roles held within the organisation [Insert details, eg COO] Date appointed by the organisation [Insert date] 3 Role summary 3.1 To act as the board-level (or equivalent) officer responsible for the organisation’s compliance with the MLR 2017 (the MLCO), and: 3.1.1 be the main point of contact with the [insert name of relevant AML supervisory authority] on any matter relating to anti-money laundering (AML) and counter-terrorist financing (CTF); and 3.1.2 ensure the organisation’s AML/CTF efforts have appropriate oversight and engagement at the highest level. 3.2 To act as the nominated officer appointed in accordance with the MLR 2017 and to: 3.2.1 receive and review internal suspicious activity reports (SARs) and determine whether they give rise to knowledge or suspicion (or reasonable grounds for knowledge or suspicion) that a person is engaged in money
Agile software development agreement
Agile software development agreement This Agreement is made on [date] Parties 1 [insert name of supplier] [of OR a company incorporated in [England and Wales] under number [insert registered number] whose registered office is at] [insert address] (Supplier); and 2 [insert name of customer] [of OR a company incorporated in [England and Wales] under number [insert registered number] whose registered office is at] [insert address] (Customer) (each of the Supplier and the Customer being a party and together the Supplier and the Customer are the parties). Background (A) The Customer [insert information about the business of the Customer] wishes to [insert objectives of the project]. (B) The Supplier is a provider of [insert business of the Supplier] and has experience in [insert services being procured]. (C) The parties have agreed to contract with each other in accordance with the terms and conditions set out below. THE PARTIES AGREE: 1 Definitions 1.1 In this Agreement: Acceptance Criteria • in respect of an Iteration means criteria formulated by the Development Team that determine whether Software developed in respect of that Iteration is of satisfactory quality and, in respect of a Release, whether the Features are of satisfactory quality, in each case as approved by the relevant Product Owner; Acceptance Testing • means the testing of any Deliverables for conformance with the relevant Acceptance Criteria; Actual Cost • has the meaning given in paragraph 2.4.2 of Schedule 3; Adjustment Ratio • has 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
Money laundering compliance officer—MLCO—job description and role profile—law firms
Money laundering compliance officer—MLCO—job description and role profile—law firms 1 MLCO details Name of firm [Insert name] Name of MLCO [Insert name] Status of MLCO [Insert description that demonstrates board-level or equivalent status, eg Member of managing board] Details of any other roles held within the organisation [Insert details of any other roles held, eg Head of Real Estate] Date appointed [Insert date] 2 Role summary To be the board-level (or equivalent) officer responsible for the firm’s compliance with the Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017 (MLR 2017), SI 2017/692 and to: 2.1 be the main point of contact with the Solicitors Regulation Authority (SRA) on any matter relating to anti-money laundering (AML) and counter-terrorist financing (CTF); 2.2 take a leading role in dealing with the SRA on AML/CTF; 2.3 take a leading role on AML/CTF issues within the senior management of the firm; 2.4 support the work of the firm’s nominated officer; and 2.5 ensure the firm’s AML/CTF efforts have appropriate oversight and engagement at the highest level. 3 Job description/role profile The MLCO [is OR has appointed [insert, eg the nominated officer] to be] responsible for creating, managing and reviewing the firm’s AML/CTF policies, controls and procedures. 3.1 Policies, controls and procedures 3.1.1 [Take responsibility for OR Supervise] the firm’s systems and controls in relation to AML/CTF. 3.1.2 [Establish and maintain OR Supervise the establishment and maintenance of] appropriate and
Letter of claim—rescission and damages for fraudulent misrepresentation
Letter of claim—rescission and damages for fraudulent misrepresentation [ON THE HEADED NOTEPAPER OF CLAIMANT’S SOLICITORS] FAO [RELEVANT NAME] [NAME OF PROPOSED DEFENDANT’S SOLICITORS, IF ANY] [ADDRESS LINE 1] [ADDRESS LINE 2] [POSTCODE] [DATE] Dear [insert organisation name] RE [PROSPECTIVE CLAIMANT’S NAME] AND [PROSPECTIVE DEFENDANT’S NAME] LETTER OF CLAIM [ [We write further to our letter dated [insert date] OR We write further to your letter dated [insert date]].] [As you know, we OR We] act on behalf of [insert client’s full name], whose address is [insert full address]. This is our client’s letter of claim sent in accordance with the Practice Direction Pre-Action Conduct and Protocols of the Civil Procedure Rules (the Practice Direction), a copy of which is enclosed for your ease of reference. We draw your attention to the final section of this letter, which sets out the deadline by which your response is required, and the consequences of failing to respond properly within that time. [Your client should notify their insurer of this claim immediately. We would be grateful if you could kindly confirm the identity of your client’s insurer by return]. 1 Overview and basis of claim 1.1 [As outlined in our initial letter, our OR Our] client’s claim against your client concerns a contract dated [insert date of contract] between our client and [your client OR [insert name of other party]] whereby [insert details of transaction]. We are instructed that, at the time, your
Contractor’s programme clause
Contractor’s programme clause Contractor’s programme 1 Within seven days of the date of this Contract the Contractor shall without charge produce to the Employer a programme for carrying out the Works [detailing the critical path and] including any details and information required by the [insert relevant contract document eg
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
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Is there liability for exit assistance costs on termination when there is no express provision in the agreement?
Is there liability for exit assistance costs on termination when there is no express provision in the agreement? Termination A termination clause in a contract allows for the agreement to be terminated on the grounds and in the manner specified in the clause. There are four broad grounds: • termination by notice or agreement. See: Contract termination—overview and Practice Note: Ending a contract by agreement • breach of the agreement. See Practice Note: Termination for breach of contract • a party ceasing to conduct business or becoming insolvent. For restrictions on the enforceability of such clauses, see Practice Note: Corporate Insolvency and Governance Act 2020—restrictions on ipso facto clauses • an force majeure event. See Practice Note: Force majeure—consequences and contract discharge Exit assistance The contract may also have an exit or termination assistance clause. This might provide for an exit plan to be agreed upon termination but the assistance provisions would more likely be included in the contract itself. The assistance to be provided would usually begin after the service of a termination notice but might begin in a set period before the expiration date of the contract. Termination assistance services would usually include one or both of
Can a private children application under section 8 of the Children Act 1989 be withdrawn? What is the procedure to do so, and the approach of the courts to such an application?
Can a private children application under section 8 of the Children Act 1989 be withdrawn? What is the procedure to do so, and the approach of the courts to such an application? Family proceedings are governed by the Family Procedure Rules 2010 (FPR 2010), SI 2010/2955. The rules in respect of private law proceedings relating to children are largely contained in FPR 2010, SI 2010/2955, Pt 12 and the accompanying FPR 2010, PD 12B, the Child Arrangements Programme. An application that relates to the welfare or upbringing of a child (such as an application under section 8 of the Children Act 1989 (ChA 1989) for a child arrangements order), may only be withdrawn with the permission of the court (FPR 2010, SI 2010/2955, 29.4). A person seeking permission to withdraw an application must file a written request for permission setting out the reasons for the request. The written request should clearly set out the reasons for
If an employer provides a non-emergency ambulance service that may visit care homes to provide transport and treatment for residents, given the requirements from 11 November 2021 for vaccination in CQC-registered care homes, would the employer be able to potentially dismiss drivers who are not vaccinated, as on a daily basis staff would not be sure where they are going?
If an employer provides a non-emergency ambulance service that may visit care homes to provide transport and treatment for residents, given the requirements from 11 November 2021 for vaccination in CQC-registered care homes, would the employer be able to potentially dismiss drivers who are not vaccinated, as on a daily basis staff would not be sure where they are going? With effect from 11 November 2021, a person may not enter a CQC-registered care home without evidence either that they have had a complete course of coronavirus (COVID-19) vaccination, or that they should not be vaccinated for clinical reasons, unless they are: • a resident • a friend or relative of a resident • visiting a resident who is dying, or providing comfort or support in relation to a bereaved resident • it is reasonably necessary for them to provide emergency assistance in the premises • attending the premises in the execution of their duties as a member of the emergency services • providing urgent maintenance work in the care home, or • under the age of 18 The person responsible for ensuring that anyone who enters a care home is either vaccinated or exempt is the ‘registered person’, ie, the person registered with the CQC as the manager or service provider. The provisions will clearly affect anyone who enters a care home to provide transport or non-emergency assistance; they do not affect anyone
When making an application for settlement under the long residence rules, would an absence of approximately six months break the period of continuous residence if a Tier 4 student was studying abroad as part of their UK university course? During the six-month absence, the applicant would return to the UK on some weekends, and during the qualifying period, the applicant was always based in the UK.
When making an application for settlement under the long residence rules, would an absence of approximately six months break the period of continuous residence if a Tier 4 student was studying abroad as part of their UK university course? During the six-month absence, the applicant would return to the UK on some weekends, and during the qualifying period, the applicant was always based in the UK. Paragraph 276A(a) of the Immigration Rules defines continuous residence for the purpose of the 10-year long residence rules as follows: 'Residence in the United Kingdom for an unbroken period, and for these purposes a period shall not be considered to have been broken where an applicant is absent from the United Kingdom for a period of 6 months or less at any one time, provided that the applicant in question has existing limited leave to enter or remain upon their departure and return, but shall be considered to have been broken if the applicant: (i) has been removed under Schedule 2 to the Immigration Act 1971, section 10 of the Immigration and Asylum Act 1999, has been deported or has left the United Kingdom having been refused leave to enter or remain here; or (ii) has left the United Kingdom and, on doing so, evidenced a clear intention not to return; or (iii) left the United Kingdom in circumstances in which he could
What does coronavirus (COVID-19) mean for environmental compliance in areas such as environmental permitting?
What does coronavirus (COVID-19) mean for environmental compliance in areas such as environmental permitting? What issues of compliance might arise? Permit holders are generally expected to comply in full with the terms and conditions of their permit. However, due to the disruption caused by the coronavirus (COVID-19), regulators acknowledge that such compliance may not be possible. There may be necessary changes in operation, such as changes to production of items necessary to deal with the COVID-19 crisis. Staff shortages may disrupt continued business operation, and may prevent compliance with the requirements of an environmental management system. Staff shortage may also affect key competencies. Waste management issues due to changes in collection and/or the generation of new types of waste, could also affect compliance. How are regulators responding? Regulators need to consider the welfare of their own staff, alongside the disruption to their own business processes as a result of COVID-19. Relevant regulators are now clarifying their position on compliance through letters, guidance and in the case of the Environment Agency (EA), the publication of COVID-19 regulatory position statements (RPSs). On the whole, regulators are tending towards a relaxation of regulation where strict compliance is not possible. However, according to the chemical safety and regulatory intelligence network Chemical Watch, regulations concerning pollution and the control of chemicals in products is ‘ramping up, not slowing down’. For further information see: Regulatory environment
The respondent in proceedings under the Children Act 1989 is unable to attend a dispute resolution appointment because of a holiday. What is the procedure to apply to adjourn the hearing and what are the grounds for seeking an adjournment?
The respondent in proceedings under the Children Act 1989 is unable to attend a dispute resolution appointment because of a holiday. What is the procedure to apply to adjourn the hearing and what are the grounds for seeking an adjournment? If a hearing has been listed in family proceedings, it can be possible for the hearing to be adjourned in circumstances whereby one party is unable to attend. As a first hearing dispute resolution appointment is an opportunity for parties to reach an agreement in proceedings, it is important that both parties are able to attend the hearing and the parties and their representatives must attend unless excused by the court. See Practice Note: Child Arrangements Programme—the procedure for section 8 applications, in particular section ‘First hearing dispute resolution appointment—weeks 5–6’. The court’s ability to adjourn a hearing arises from the provisions of FPR 2010, SI 2010/2955, Pt 1 as to the court’s case management powers. A comprehensive list of the court's general case management powers is set out in FPR 2010, SI 2010/2955, 4.1 including to adjourn or bring forward a hearing, or to require a party or a party's legal representative to attend the court. See Practice Note: Court's case management powers—FPR 2010. If an adjournment is sought,
What are cookies and cookie consent in relation to advertising?
What are cookies and cookie consent in relation to advertising? What is a cookie? A cookie is a text file containing a unique piece of alphanumeric text. The publisher (in the case of onsite/first party advertising) or the ad network provider (in the case of an advertising network) will place a cookie on the web browser of a user’s device when the relevant advert is first viewed. It is important to note that a 'device' could be a computer, a tablet, a smartphone or any other internet enabled device, such as a smart-TV. See Practice Note: Cookies and ICO Guide to PECR: Cookies and similar technologies. When a user, using the same web browser, visits the website for a second time, or visits another website within an ad network provider’s network, the publisher or ad network provider is able to access the same cookie on the web browser of the user’s device to recognise the user (or more specifically recognise the user’s device). Cookies have different lifespans. Some cookies are automatically deleted when the user closes their browser. These are referred to as 'session cookies'. Some cookies stay on the user’s device for extended periods of time. These are called 'persistent cookies'. The lifespan of persistent cookies varies. Most internet browsers offer the possibility to block cookies. Alternatively, users are able to manually delete cookies placed on their devices.
How have changes to section 72 of the Copyright Designs and Patents Act 1988 impacted the free public showing or playing of broadcasts and in a particular example: non-commercial broadcasting in communal areas such as in student accommodation?
How have changes to section 72 of the Copyright Designs and Patents Act 1988 impacted the free public showing or playing of broadcasts and in a particular example: non-commercial broadcasting in communal areas such as in student accommodation? Historically, section 72(1) of the Copyright, Designs and Patents Act 1988 (CDPA 1988) provided an exception to the right of communication to the public. It allowed organisations that did not charge for admission to show television broadcasts (in public) without needing permission from the owners of some of the rights in those broadcasts. In particular, it meant that such organisations did not need permission from owners of film copyright. The historical CDPA 1988, s 72 wording led some commercial premises to attempt to rely on the exception to show exclusive subscription television broadcasts without paying for the required commercial licences. This made it difficult, though not impossible, for copyright owners to take legal action to enforce the use of commercial subscriptions, distorting the market between, for example, pubs which pay for commercial subscriptions, and those that use comparatively cheaper unauthorised systems. Following a full government consultation and a subsequent technical review, the government removed the reference to ‘film’ from the CDPA 1988, s 72 exception via the Copyright (Free Public Showing or Playing) (Amendment) Regulations 2016, SI 2016/565, in force from 15 June 2016. For further detail on
Under the JCT and NEC contracts, is the contractor entitled to an extension of time if construction works are delayed due to the impact of coronavirus (COVID-19)?
Under the JCT and NEC contracts, is the contractor entitled to an extension of time if construction works are delayed due to the impact of coronavirus (COVID-19)? A contractor may be entitled to an extension of time due to coronavirus where, for example: • labour supply is affected • material supplies are delayed by supply chain issues affected by overseas governments exercising statutory powers • the site is closed partially or wholly or restrictions are placed • government exercise of statutory powers The terms of the contract will determine the routes available to a contractor. This Q&A looks at the provisions in the two forms most commonly used in the United Kingdom—the JCT contracts and NEC contracts. JCT contracts Under the JCT Standard Building Contract 2011/2016 there are three possible avenues for a contractor to make a claim for an extension of time: Force majeure ‘Force majeure’ is not defined in the standard JCT contract (it is advisable to check any schedule of amendments for a definition) but does constitute a ‘Relevant Event’. So long as the contractor has followed the correct contract procedures and given notice of the Relevant Event, the contractor may be entitled to an extension of time. As there is no definition of force majeure in the JCT standard contract, case law should be consulted for an appropriate reference point. The case law is limited but in a 1920s case Lebeaupin
Can a Tier 4 (General) student set up and establish a charity in the UK?
Can a Tier 4 (General) student set up and establish a charity in the UK? There is, perhaps unsurprisingly, nothing in Immigration Rules or published UKVI guidance about whether a student can set up and establish a charity in the UK. Certain kinds of work are expressly prohibited, but establishing a charity is not featured in this list. Under the Immigration Rules, those with Tier 4 (General) leave cannot: • be employed as a doctor in training (except on a recognised foundation programme) • be employed as a professional sportsperson (including a sports coach) • be employed as an entertainer • be self-employed (except where you are awaiting a decision on an application you have made for leave to remain as a Tier 1 (Graduate Entrepreneur) migrant) • engage in business activity, or • fill a full-time, permanent vacancy (except on a recognised foundation programme) Establishing a charity does not, in itself, amount to self-employment or engagement in business activity. Support for this view can be found at paragraph 323 of
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Property weekly highlights—30 June 2022
This week's edition of Property weekly highlights includes: more on the recent Supreme Court judgment on the Electronic Communications Code, a reminder of the commencement of the Leasehold Reform (Ground Rent) Act 2022 and the Building Safety Act 2022 and release of a new version of CPSE6.
DWP launch consultation on online pension portals
Law360: The Department for Work and Pensions (DWP) has floated the possibility of a 90-day countdown for the launch of new pensions dashboards for retirement savers following concerns that the prospect of bottlenecks could undermine public trust in the system.
Energy weekly highlights—30 June 2022
This week's edition of Energy weekly highlights including Ofgem’s decision on amending the CfD methodology, HMRC’s consultation on the draft Energy (Oil and Gas) Profits Levy Bill, BEIS’ agreement to modernise the terms of the Energy Charter Treaty that will align with the Energy Security Strategy, and the Council of the EU’s agreement to raise renewables and energy efficiency targets.
Financial Services weekly highlights—30 June 2022
Welcome to the weekly Financial Services highlights from the Financial Services team for the week ending 30 June 2022. This week’s edition of Financial Services highlights provides an aggregation of the news reported by the Lexis®PSL Financial Services team over the past week and includes (1) news items relating to the conflict in Ukraine, (2) news items relating to Brexit, (3) updates from UK regulators, (4) updates from EU and international regulators, (5) updates from industry bodies and market participants, (6) new and updated content and (7) dates for your diary from Financial Services.
EU accepts fix for Ireland insurers’ competition concerns
Law360, London: The European Commission has ruled that Insurance Ireland has a legal obligation to offer non-members access to its claims database, after the initial findings of an antitrust probe suggested that restrictions put in place by the trade body could have hindered competition in the country's insurance market.
Environment weekly highlights—30 June 2022
This week's edition of Environment weekly highlights includes analysis on the challenge to Southampton airport expansion project being rejected. In addition, this week the Climate Change Committee published its 2022 progress report on emissions reduction to Parliament, an agreement has been reached on modernising the Energy Charter Treaty, the UK signed up to the Sustainable Productivity Growth Coalition, the Taskforce on Nature-related Finance Disclosures released version 2 of the beta framework for nature-related risk and opportunity management and disclosure, and the Committee on Transport and Tourism of the European Parliament adopted a draft negotiating mandate on the ReFuelEU aviation rules. We have also published a new Practice Note which details the key Environment resources available in Lexis®Library.
Planning weekly highlights—30 June 2022
This week's edition of Planning weekly highlights includes: court decisions on the compatibility of subsequent planning permissions, change of use, LGO’s implied power to withdraw reports and the making of special development order; the coming into force of various provisions of the Building Safety Act 2022; and DLUHC’s response to the scaling up self-build and custom housebuilding review.
UK urged to amend draft online safety rules to combat insurance fraud
Law360, London: UK consumer organisation, Which?, called on the government on 29 June 2022 to toughen its draft online safety rules, saying a study it ran showed that social media sites are serving as platforms for insurance scams.
Private Client weekly highlights—30 June 2022
This week’s edition of Private Client highlights includes: (1) Companies House’s blog ‘Explaining the secondary legislation for the Register of Overseas Entities—part 1; (2) Lavinia Deborah Osbourne v (1) Persons Unknown (2) Ozone Networks Inc, in which the court granted an injunction over stolen NFTs held on constructive trust; (3) Official Receiver v Obaigbena, which considered the principles governing the disqualification period for directors in insolvency proceedings; (4) Analysis of Royal Commonwealth Society for the Blind v Beasant, which concerned the construction of a legacy determined by reference to the nil rate band; (5) The Department for Work and Pensions’ call for evidence on helping pension scheme members to understand pension choices; (6) Analysis of the Bill of Rights Bill and its implications for human rights in the UK, and (7) Devall v Ministry of Justice, which concerned the systemic and operational duties owed by a public authority to the deceased pursuant to Article 2 and 8 of European Convention on Human Rights.
Dispute Resolution weekly highlights—30 June 2022
This week's edition of Dispute Resolution weekly highlights includes: analysis of a number of key DR developments and key judicial decisions including the long awaited judgment in Osbourne v Persons Unknown (are NFTs property?) as well as that of the Court of Appeal in AIG Europe SA v John Wood (anti-suit injunctions to support contractual agreements); dates for your diary; details of our most recently published content; and other information of general interest to dispute resolution practitioners.
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