Arbitration analysis: The Commercial Court allowed a charterer’s appeal under section 69 of the Arbitration Act 1996 (AA 1996) against an arbitral award which had treated laytime as commencing upon the start of cargo operations despite the absence of a valid notice of readiness (NOR). Peter MacDonald Eggers KC (sitting as Deputy Judge of the High Court) held that, unless there is a valid NOR or a waiver, estoppel or contrary agreement, laytime does not begin to run. The court rejected the owners’ argument that English law recognises a separate doctrine of ‘deemed waiver’ requiring a lower threshold than ordinary waiver. The decision reinforces the strict approach to NOR requirements, clarifies the limited circumstances in which defects in an NOR can be overcome, and confirms that the correction powers under AA 1996, s 57 do not displace a properly constituted appeal on a question of law under AA 1996, s 69.

A winding up will either commence on the date of the resolution of the company to enter into a voluntary winding up, or it will be deemed to commence at the time of the presentation of the winding up petition.

A type of statutory instrument used to bring into force the whole or part of an Act of Parliament after the date of Royal Assent.

This Practice Note explains how to commence proceedings for an order of divorce, dissolution, judicial separation or separation on or after 6 April 2022 following the commencement of the Divorce, Dissolution and Separation Act 2020 (DDSA 2020). It also provides guidance on how to commence proceedings on paper and by electronic means using the His Majesty’s Courts and Tribunals Service (HMCTS) online system when making either a joint or sole application. It looks at who the parties are, the question of jurisdiction and what documents should accompany the application and explains what to do if the marriage certificate is not available. It does not cover an application for nullity. DDSA 2020 came into effect on 6 April 2022. Proceedings issued by the court on or after 6 April 2022 are subject to the provisions of DDSA 2020 and the changes to procedure under the amended Family Procedure Rules 2010 (FPR 2010), SI 2010/2995. For further information as to the changes that have been introduced, see

This Practice Note explains how to commence nullity proceedings on or after 6 April 2022 following procedural changes introduced into the Family Procedure Rules 2010, SI 2010/2955 consequential on the commencement of the Divorce, Dissolution and Separation Act 2020 (DDSA 2020). It explains what the changes to terminology are and sets out the basis of the courts’ jurisdiction for proceedings for a nullity of marriage order and nullity order in the case of civil partnerships. It details what documents must be filed when commencing proceedings for nullity and what to do if the marriage or civil partnership certificate is not available. DDSA 2020 made fundamental amendments to the Matrimonial Causes Act 1973 (MCA 1973) and the Civil Partnership Act 2004 (CPA 2004) in relation to divorce, civil partnership and (judicial) separation proceedings issued on or after 6 April 2022. It removed the requirement to provide evidence of ‘conduct’ or ‘separation’ facts in divorce, dissolution of civil partnerships and judicial separation. That requirement is replaced in the case of divorce or dissolution proceedings

Save in limited circumstances where proceedings are commenced in the Crown Court, all criminal cases begin in the magistrates' court, regardless of the seriousness of the offence. There are a number of ways in which criminal proceedings may be commenced in England and Wales: • the defendant may be arrested and charged by the police and required to attend a magistrates’ court (see below: Instituting proceedings by way of police charge) • a public prosecutor may issue a written charge together with a requisition requiring the defendant to attend a magistrates’ court on a specified date and time (see Practice Note: Commencing criminal proceedings—written charge and requisition or single justice procedure notice) • where available, a public prosecutor may issue a written charge together with a single justice procedure notice requiring the defendant to indicate a plea and if guilty, consent to the disposal of the case by use of the single justice procedure on the papers (see Practice Notes: Commencing criminal proceedings—written charge and requisition or single justice procedure notice and

All criminal cases begin in the magistrates' court regardless of the seriousness of the offence. There are, however, a number of ways of commencing criminal proceedings in England and Wales: • the defendant may be arrested and charged by the police and brought before a magistrates’ court • the prosecution can apply to the magistrates’ court for the issue of a summons (also called ‘laying an information’) requiring the defendant to attend court on a specified date and time • a relevant prosecutor may issue a written charge together with a requisition requiring the defendant to attend court on a specified date and time • a relevant prosecutor may issue a written charge together with a single justice procedure notice requiring the defendant to indicate a plea and if guilty, consent to the disposal of the case by use of the single justice procedure on the papers This Practice Note explains the procedure which must be followed to commence a criminal prosecution by way of written charge and requisition

This Practice Note explains how to commence divorce proceedings on paper. Note that it applies only to applications that were issued prior to 4 October 2021. It looks at who the parties are and the question of jurisdiction. It explains what to do if there is a previous petition on file. It provides practical tips on drafting a petition, including omitting the petitioner's address and the prescribed information that must be included in a petition (application for matrimonial order) and how to draft a statement of case. It also provides details about the online divorce service. The Divorce, Dissolution and Separation Act 2020 (DDSA 2020) came into force on 6 April 2022. Proceedings issued by the court on or after 6 April 2022 are subject to the provisions of DDSA 2020 and the changes to procedure under the amended Family Procedure Rules 2010 (FPR 2010), SI 2010/2955. For further information, see Practice Notes:Introduction to the Divorce, Dissolution and Separation Act 2020, in particular the section: HMCTS guidance , Commencing and filing

This Practice Note relates to proceedings that were commenced prior to 6 April 2022. It explains how to commence judicial separation proceedings, and what to do if there is a previous petition on file. It provides practical tips on drafting a petition, including omitting the petitioner's address and the information that must be included and how to draft a statement of case. The Divorce, Dissolution and Separation Act 2020 (DDSA 2020) came into effect on 6 April 2022. Proceedings issued by the court on or after 6 April 2022 are subject to the provisions of DDSA 2020 and the changes to procedure under the amended Family Procedure Rules 2010, SI 2010/2955. For further information, see Practice Notes: Introduction to the Divorce, Dissolution and Separation Act 2020 and Commencing and filing an application for a divorce, dissolution or judicial separation order (post-DDSA 2020). Proceedings issued by the court on or before 5 April 2022 continue to progress under the pre-DDSA 2020 law. Such applications are not impacted by the coming into force

This Practice Note explains how to commence proceedings for nullity. Note that it applies to applications that were issued prior to 6 April 2022. It sets out the time limits applicable to nullity, where to commence proceedings and the issue of jurisdiction. It explains what to do if there is a previous petition on file. It provides practical tips on drafting a petition, including omitting the petitioner's address and the information that must be included and how to draft a statement of case. Nullity proceedings Family proceedings are governed by the Family Procedure Rules 2010 (FPR 2010), SI 2010/2955. The rules relating to proceedings for nullity are to be found in FPR 2010, SI 2010/2955, Pt 7 and the supplemental PD 7A and PD 7B. On 6 April 2022 the provisions of the Divorce, Dissolution and Separation Act 2020 (DDSA 2020), came into effect. Although DDSA 2020 did not make substantive changes to the law regarding nullity proceedings, there were some consequential changes to the procedure under the amended Family Procedure

Arbitration analysis: European Commission state aid rules extend to declarations of incompatibility impacting on the enforcement of international arbitration awards relating to intra-EU investments. Written by Josep Galvez, barrister at 4-5 Gray´s Inn Square chambers and former Spanish judge.

MLex: News published on 18 January 2024 that Amazon's iRobot deal will be blocked by the EU merger regulator raises a big question: If the e-commerce giant can't buy a lowly vacuum-cleaner maker, can it ever buy anything again? Another question pops up too: Aren't the European Commission's objections to the deal broadly covered by the impending Digital Markets Act (DMA) and its ban on ‘gatekeepers’ (such as Amazon) from using their platforms to favour their own products? It's too early to predict the DMA's full impact on merger control, but the regulator seems keen to stress that it won't make it any easier for gatekeepers to make acquisitions.