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NEWS
The Coal Authority has published its determination of the Woodhouse Colliery licence applications, refusing to grant conditional underground coal mining licences to West Cumbria Mining Ltd under section 26 of the Coal Industry Act 1994.
NEWS
The Coal Authority has been renamed the Mining Remediation Authority (MRA). This change, approved by the Department for Energy Security and Net Zero, better reflects the MRA’s expanded focus in managing the effects of historical mining across England, Scotland, and Wales. While the MRA’s statutory responsibilities as outlined in the Coal Industry Act 1994, remain unchanged, including managing coal assets and legacy issues, the MRA will now expand its remit to include metal mine pollution prevention, tip safety, environmental remediation, and the development of low-carbon opportunities, such as mine water heat, from nationalised mining assets.
GLOSSARY
A type of cable commonly used in cable television systems which is composed of two concentric conductors: an inner wire, and an outer braided sleeve.
NEWS
Law360, London: With the case somewhat flying under the radar, on April 14, Southwark Crown Court was the venue for the recent sentencing of three companies, which were all convicted of failing to prevent an associated person from bribing on their behalf under section 7 of the Bribery Act 2010 (BA 2010).
PRACTICE NOTES
CASE HUB ARCHIVED—this archived case hub reflects the position at the date of the decision on 22 June 2023; it is no longer maintained. See further, timeline Case facts Outline UK merger investigation into the anticipated acquisition by Cochlear Limited of the hearing implants business of Demant A/S (known as Oticon Medical). The transaction involves horizontal overlaps in the supply of cochlear implants and bone conduction solutions (BCS). Latest developments On 22 June 2023, the CMA issued its final report, partially prohibiting the transaction. The CMA found that the merger may be expected to result in an SLC in the supply of BCS products in the UK. In particular, the CMA concluded that the merger will eliminate a major BCS competitor. Competition from the only other BCS supplier and other hearing solutions would not be sufficient to offset the effects on competition of the merger. The loss of this competitor would significantly reduce the alternatives available to the NHS and patients. Furthermore, entry or expansion would not be likely, timely and sufficient to prevent an SLC from arising. To address
NEWS
Law360, London: The operator of the Dirty Martini cocktail bar chain has settled its £4m claim against a Maltese insurer for losses it claimed to have suffered during the coronavirus (COVID-19) pandemic.
GLOSSARY
The City Code on Takeovers and Mergers (also known as the 'Blue Book').
GLOSSARY
The Code Committee carries out the majority of the rule-making functions of the Panel and is solely responsible for keeping the Code (other than certain matters set out in Section 4(b) of the Introduction) under review and for proposing, consulting on, making and issuing amendments to the Code. Up to twelve members of the Panel are designated by the Panel as members of the Code Committee. Its membership from time to time and Terms of Reference are available on the Panel’s website.
NEWS
Property Disputes analysis: The Court of Appeal have recently considered, following an appeal by AP Wireless II (UK) Ltd (‘APW’), whether an agreement which provides for a ‘minimum term’ is a lease or a licence. The tribunal’s original decision was that an agreement which was expressed to be for a minimum term of ten years would be a licence, rather than a lease, as there was no term certain. The Court of Appeal agreed with the tribunal’s decision that such an agreement was a licence, even with exclusive possession and rent forming part of the agreement. The distinction between an agreement being a lease or licence is an important one, particularly when considering how to deal with the renewal or termination of such an agreement. Written by Katie Briggs, principal associate and Roxanne Watson, associate in Property Litigation at Browne Jacobson LLP.
PRECEDENTS
This Agreement is made on [date] between: Parties 1 [name], whose [address/registered office] is at [address] (the ‘Grantor’); and, where applicable, whose Company Registration Number is [insert CRN]; and 2 [name], whose [address/registered office] is at [address] (the ‘Operator’), and, where applicable, whose Company Registration Number is [insert CRN] Recitals (A) The Code (as defined in clause 1) facilitates the deployment of electronic communications apparatus by persons in whose case it is applied (B) The Code has been applied to the Operator by virtue of a direction under section 106 of the Communications Act 2003 (C) The Grantor is the occupier of certain land (D) This Agreement is an agreement pursuant to paragraph 9 of Part 2 of the Code. It sets out the contractual basis upon which the Grantor is willing to confer code rights in respect of that land on the Operator It is agreed as follows: 1 Definitions and interpretation 1.1 In this Agreement, the following words shall have the following meanings: Act • means the Communications Act 2003; Apparatus • means the Electronic Communications
GLOSSARY
A technology for digital transmission of radio signals based on spread spectrum techniques where each voice or data call uses the whole radio band and is assigned a unique code.
GLOSSARY
Issued by the Director of Public Prosecutions under section 10 of the Prosecution of Offences Act 1985 and sets out the general principles Crown Prosecutors should follow when making decisions about prosecutions including the Full Code and Threshold Tests for deciding whether to charge a suspect in specific circumstances.