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PRACTICE NOTES
ARCHIVED—this archived case hub reflects the position at the date of the judgment of 17 May 2022; it is no longer maintained. See further, Case facts Outline CAT judgment in relation to an applications for a a collective proceedings order by the Consumers’ Association who sought permission to act as the class representative to bring opt-out collective proceedings under section 47(B) of the Competition Act 1998. Latest development On 17 May 2022, the CAT issued its judgment in which the CAT concluded (amongst other things) that: (i) the Consumers’ Association meets the authorisation condition; (ii) the claims sought to be combined meet the eligibility condition; (iii) a clause in the Consumers’ Association’s after-the event insurance policies should be amended but the Consumers’ Association is not required to add anti-avoidance endorsement to its post CPO after-the-event policies; and (iv) granted CPO on an opt-out basis for those of the class domiciled in the UK and on an opt-out basis for class members domiciled outside the UK. Parties Applicant:• Consumers’ Association, commonly known
NEWS
Commercial analysis: the Court of Justice ruled that it is possible for a potentially unfair term to be the subject of a novation agreement between a seller/supplier and a consumer, and that a consumer is able to waive their right under the Unfair Terms in Consumer Contracts Directive (UTCCD) to rely on the non-binding nature of an unfair term, provided such a waiver was a result of the consumer’s free and informed consent. However, a consumer cannot waive their rights under UTCCD in respect of future disputes.
GLOSSARY
The first act of sexual intercourse between a couple following their marriage.
NEWS
Private Client analysis: The French government have recently introduced a new law that will affect those with assets based in France. For UK based advisors, there are a number of considerations that must now be taken into account in order to ensure that clients are properly advised. Written by Joshua Ryan, solicitor at RadcliffesLeBrasseur LLP.
GLOSSARY
An order providing for a child to visit, stay or have contact with the person named in the order. Now known as a child arrangements order.
PRACTICE NOTES
This Practice Note sets out the general principles to be applied in relation to contact orders, both prior to and following adoption. It also details who may apply for a contact order in adoption proceedings, together with the procedure to be applied and provides guidance on the duration, variation and suspension of contact orders in adoption, as well as discharge considerations. Planning for adoption and contact The issue of contact must be addressed in the social worker’s permanence report and also by the agency decision-maker. In the rare cases where the adoption panel considers whether children should be placed for adoption, and in all cases concerning matches between children and prospective adopters, the panel must address contact issues. There is no presumption for or against contact once the adoption agency is authorised to place the child for adoption. Adoption and contact—principles Prior to the Adoption and Children Act 2002 (ACA 2002), the clean break principle often held sway in social work thinking and court decisions, and the ability of the natural family to support the placement
GLOSSARY
A means by which a software application can be virtualised, irrespective of the server that it runs on. Containerisation makes the application instance portable between servers.
GLOSSARY
See Canister.
PRACTICE NOTES
CASE HUB ARCHIVED–this archived case hub reflects the position at the date of the decision of 7 July 2016; it is no longer maintained. See further, timeline Case facts Outline European Commission Article 101 TFEU investigation into price announcements made by container shipping companies (Case AT.39850 Latest development On 7 July 2016, the Commission accepted binding commitments from the 14 container liner shipping companies and ended its investigation. The commitments accepted are: • the carriers will stop publishing and communicating GRI announcements, ie changes to prices expressed solely as an amount or percentage of the change • to allow customers to understand and rely on price announcements, the price figures that the carriers announce will benefit from further transparency and include at least the five main elements of the total price (base rate, bunker charges, security charges, terminal handling changes and peak season charges if applicable) • any such future announcements will be binding on the carriers as maximum prices for the announced period of validity (but carriers will be free to offer prices below these ceilings) • prices announcements
GLOSSARY
During the construction of a facility designed to house radioactive materials, a series of containment barriers is put up between the materials inside and the environment outside the facility during construction. This creates separate areas called "containment areas".
GLOSSARY
The contaminated land regime was introduced in 2000 to ensure contaminated sites in the UK are identified and remediated and is set out in Part IIA of the Environmental Protection Act 1990 and statutory instruments and guidance issued under it.
GLOSSARY
A warning card published by the Law Society in relation to contaminated land which indicates that as a matter of best practice solicitors must consider whether contamination is an issue in every property transaction.