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PRECEDENTS
Additional definitions Option Holders • [insert list of Option Holders who are exercising their Options or refer to relevant schedule of Option Holders]; Options • the respective rights to acquire Option Shares granted to each Option Holder which have been exercised as at the date of this Agreement; Option Shares • the [insert aggregate number of shares under option which will
PRACTICE NOTES
CASE HUB ARCHIVED—this archived case hub reflects the position at the date of the decision of 1 August 2019; it is no longer maintained. See further: timeline, commentary and related cases. Case facts Outline CMA Article 101 TFEU/Chapter I CA98 investigation into Casio Electronics Co. Ltd (Casio) in relation to the allegation that Casio has breached UK and EU competition law by restricting retailer freedom to discount digital pianos and digital keyboards supplied by Casio online. Latest developments On 1 August 2019, the CMA issued a decision finding that Casio infringed Article 101 TFEU/Chapter I CA98 by preventing online discounting for its digital pianos and keyboards. The CMA imposed fines totalling £3.7m on Casio (including a 20% settlement discount). Parties Casio Electronics Co. Ltd (Casio) is the UK-based subsidiary of Casio Computer Co. Ltd (based in Japan). Casio supplies electronic musical instruments, such as digital pianos and keyboards. Market(s) Supply of digital pianos
NEWS
Law360: An employment tribunal has ruled that a Tamil Hindu engineer can't pursue race discrimination claims against his former employer because his caste doesn't fall within the meaning of 'ethnic origin' under UK law.
NEWS
Law360: A union's challenge to a casting directory over the listing fees it charges actors has been rejected by the High Court, which has ruled that restrictions on levies for work-finding services do not apply because the directory isn't an employment agency.
GLOSSARY
An individual who is hired by an employer as and when the employer requires him to do work.
PRACTICE NOTES
NOTE: On 2 December 2024, the Lord Chancellor announced that the discount rate would change to positive 0.5%. The positive 0.5% discount rate is effective from 11 January 2025. Schedule A1 to the Damages Act 1996 provides that subsequent reviews are to take place within five years of the conclusion of the previous review which means that the next review must commence on or before 2 December 2029. Accommodation See also Practice Note: Cost of accommodation. It is very common for a severely injured claimant to require specially adapted accommodation, unless they are in long-term residential care. Being in accommodation which meets their needs will be one of the crucial factors in a claimant’s rehabilitation. The practitioner must therefore give early attention to accommodation, with consideration of: • suitability or otherwise of current accommodation for both present and future needs • whether it will be possible to meet the claimant’s needs by modifying, adapting and equipping their existing accommodation • if new accommodation is required, what are the specifications for it? The considerations vary
PRACTICE NOTES
This Practice Notes sets out the important issues and steps to be considered, preferably with the input of counsel. Indeed, one of the important early considerations is the choice of counsel. Selection of specialist counsel In cases of severe injury, the role of counsel is crucial and the solicitor will often wish to instruct an experienced junior at an earlier stage than might be normal practice in more modest claims. The solicitor will want counsel to be heavily involved in the formulation of the claim and the approach and strategy to be adopted. It is essential that the chosen barrister is capable and experienced in such work. However, it is equally important that the barrister should be approachable and happy to be consulted regularly. The chosen individual should be someone with whom not just the instructing solicitor but also the claimant and family will feel comfortable. In many cases, counsel will be asked to attend a conference in the claimant’s home and a good rapport between counsel and the claimant (and family) is very important. As
PRACTICE NOTES
First meeting and early stages In a case of severe injury, it is very important that the claimant practitioner should meet with the claimant and family at an early stage. This early contact may run to several visits. It will usually be desirable for the claimant practitioner to arrange to visit the claimant and family at their home. This may not be possible when the claimant is still in hospital or a rehabilitation unit. However, following the client’s discharge it will be useful for the practitioner to visit them and their family at home. There are good reasons for this: • the obvious practical considerations relating to the difficulties of transporting a disabled person • the client and family may feel more at ease in their home surroundings • the practitioner will gain far more insight into the claimant’s situation—the current accommodation (and for instance, particular difficulties with the layout) and home environment, family relationships and what support and care is provided and by whom • it is not uncommon for resourceful families to put in place some
PRACTICE NOTES
NOTE: On 2 December 2024, the Lord Chancellor announced that the discount rate would change to positive 0.5%. The positive 0.5% discount rate is effective from 11 January 2025. Schedule A1 to the Damages Act 1996 provides that subsequent reviews are to take place within five years of the conclusion of the previous review which means that the next review must commence on or before 2 December 2029. This Practice Note sets out the potential heads of claim in a case of severe injury and, where appropriate, provides some limited guidance. General damages for pain, suffering and loss of amenity Damages for pain, suffering and loss of amenity will be valued in the normal way, using the Judicial College Guidelines and case authorities. In cases of catastrophic brain injury, there may be some issue as to the claimant’s consciousness (and therefore their perception of pain). It is true that an award in relation to pain and suffering depends on the claimant’s awareness of their suffering (it is a subjective loss). For further guidance on valuing
PRACTICE NOTES
The related Practice Note: Catastrophic injury claims—preliminary considerations covers the key issues which need to be considered in such claims including the role of the solicitor, liability, insurance, limitation, funding and rehabilitation. The related Practice Note: Catastrophic injury claims—conduct of the claim provides guidance on the commonly encountered issues involved in conducting a claim on behalf of a claimant who has been severely injured, including instruction of counsel, applications for interim payments, instruction of experts and case manager and issues relating to damages and settlement meetings. This Practice Note provides guidance on the more practical day-to-day mechanics of representing a severely injured claimant. It is presented chronologically, from the perspective of the claimant solicitor, and covers the main practical steps and considerations pre-issue from the first point of contact with the catastrophically injured claimant or their family. Where applicable, relevant issues concerning the defendant insurer or solicitor are addressed. It may be of most assistance to those who are new to practising in this area. Definition of catastrophic injury As with other
PRACTICE NOTES
Definition of a catastrophic injury It is common for practitioners to categorise only the most severe of injuries as a 'catastrophic' injury. This might restrict the classification to injuries so severe that they render the victim dependent on round-the-clock care. This Practice Note and the related Practice Notes in the catastrophic claims subtopic have not adopted such a restrictive and precise definition or classification. Rather, they cater for cases of injury which will change the claimant’s life permanently, often depriving them of the capacity for fully independent living and reducing or removing their ability to work. Where the change brought about by the accident and resulting disability is so fundamental, the quantum of the award obtained will have a very significant impact on the quality of life that the claimant (and very often their family) is able to enjoy. Nature of the role of the claimant’s solicitor In a catastrophic injury case, the claimant’s solicitor may first be instructed when the claimant is still hospitalised and domestic life is on hold. As the claimant progresses
GLOSSARY
A mechanism that allows the carried interest partner to temporarily take a greater share of fund profits than would normally be allowed. This usually occurs when a fund has reached the hurdle. The catch up offsets the early payment of the preferred return to investors to ensure that the carried interest partner receives the correct allocation of profits over the fund's lifetime.