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NEWS
Law360: Seven out of ten insurance underwriting professionals in the US and UK fear losing their jobs within the next five years to artificial intelligence, a survey released Tuesday suggested, as the sector increasingly invests in new forms of automation.
NEWS
Law360: More than 700 staff in a claim against supermarket giant Sainsbury’s and in-store pharmacy chain Lloyds have won their appeal to remain in a long-running equal pay claim, as the Court of Appeal, on 6 April 2023, dismissed a challenge to their inclusion.
NEWS
Dispute Resolution analysis: On 12 July 2016, the Making Document for the 84th update to the CPR was released by the Ministry of Justice. In this article, we summarise the amendments, some of which are already in force.
PRACTICE NOTES
A ‘merger’ may fall within the EU merger rules and require notification to the European Commission (the Commission) if at least two parties to the transaction generate fairly substantial world and EU-wide revenues (combined and individual). In particular (and subject to certain narrowly construed exceptions), a transaction will need to be notified to and cleared by the Commission if: • it is a ‘concentration’ within the meaning of the EU Merger Regulation (EUMR) • the merger is permanent, and • it meets the financial thresholds set out. Where these conditions are met then, subject to certain narrowly construed exceptions, EU merger control rules will apply to the exclusion of the national merger rules of any European Economic Area (EEA) Member State. The EUMR defines a ‘concentration’ as follows: • where two independent undertakings merge—this includes arrangements where previously 'independent' undertakings set up a common management team, or a dual listing on a Stock Exchange • the acquisition of control by one (or more) undertaking over another (see below) • where there is a change
Q&As
What is pre-planning restrictive covenant insurance? Restrictive covenant insurance provides protection for people who hold an interest in land which is burdened by a restrictive covenant. It would ordinarily provide cover for loss in relation to damages awarded against the insured, costs of altering or demolishing a building to comply with a covenant, abortive works costs and legal costs. Such insurance may be obtained before planning permission has been obtained for a development where the intended development site is burdened by restrictive covenants. When is it appropriate to take out a pre-planning restrictive covenant insurance policy? Clearly, when it appears that a restrictive covenant may affect the planned development, every effort should be made to iron out issues as early as possible.
PRACTICE NOTES
The merger control rules of the UK are contained in the Enterprise Act 2002, as amended by the Enterprise and Regulatory Reform Act 2013 and the Digital Markets, Competition and Consumers Act 2024 (DMCC Act). Under the UK merger control rules, the Competition and Markets Authority (CMA) has jurisdiction to review both completed and anticipated merger transactions provided there is a ‘relevant merger situation’. Three conditions must be met for a ‘relevant merger situation’ to exist: • two or more enterprises (or businesses) must ‘cease to be distinct’, and • the target's size or the merger's impact on competition is large enough to meet one of the jurisdictional threshold tests, and • the merger is within the time limit for review For information on the CMA's investigation process, see The UK merger investigation process. For details of ongoing UK merger investigations, see UK mergers–case tracker. DMCC Act On 3 June 2024, the DMCC Act was published, following Royal Assent given on 24 May 2024. In relation to merger control, the DMCC Act: • establishes
Q&As
The Landlord and Tenant (Covenants) Act 1995 (LT(C)A 1995) made considerable changes to the extent to which a tenant could be liable for breaches of covenant after assignment. Until it came into force on 1 January 1996, even after assignment, the original tenant remained liable for any default by an assignee. In the case of long leases assigned at a relatively early stage, this could result in a liability when no benefit had been enjoyed from the lease for some years. LT(C)A 1995 draws a distinction between old tenancies (broadly, those in existence when it came into force) and new tenancies (broadly those entered into after 1 January 1996). Where a tenant assigns its interest under a new tenancy, then as from the assignment, the new tenant
Q&As
For an adoption order to be made, the person must be a child at the date of the application. The child must not have been married or in a civil partnership. The child can attain the age of 18 during the proceedings and still be adopted, provided the child is adopted before their 19th birthday, see sections 47 and 49 of the Adoption and Children Act 2002 (ACA 2002) and Practice Note: Adoption orders—eligibility and pre-application requirements. Section 41(6) of the Children Act 1989 lists the ‘specified proceedings’
Q&As
There are various ways for a landlord to end a tenancy which is protected by the Landlord and Tenant Act 1954 (LTA 1954). These are set out below. Forfeiture The usual way to end a tenancy protected by LTA 1954 is via the mechanisms provided in LTA 1954 which involve serving notices (see below). Other possibilities exist however. The LTA 1954 specifically permits ending a tenancy by other common law methods such as forfeiture. In this Q&A, the tenant has sublet without landlord consent and that the unlawful subtenant has carried out works to the premises, also
Q&As
Trade mark registrations as property The registration of UK trade marks is governed by the Trade Marks Act 1994 (TMA 1994) and the Trade Mark Rules 2008, SI 2008/1797. The UK trade mark register is administered by the UK Intellectual Property Office (UKIPO). A UK trade mark registration is a property right obtained by the registration of the trade mark under TMA 1994 and the proprietor of a registered trade mark has the rights and remedies provided by TMA 1994, s 2. Trade mark registrations and applications are objects of personal property (TMA 1994, ss 22, 27). For more information about trade mark registrations as property, including the licensing