With thanks to other contributors from Squire Patton Boggs offices across its global network. Cross-border JVs There is no ‘one size fits all’ approach when forming cross-border joint ventures (JVs) (ie where one or more of the JV parties is based outside the UK and they intend to form a JV outside the UK). The terms of any agreement must ultimately describe the commercial arrangement between the parties. However, many of the legal issues set out in this and the following Practice Notes: Cross-border joint ventures—initial considerations, Cross-border joint ventures—management and control and Cross-border joint ventures—termination may in fact influence the choice of jurisdiction for the JV entity, as well as the commercial deal itself and should therefore be considered as early as possible to give the JV the best chance of success. Even if a joint venture agreement (JVA) has a familiar governing law, such as English law, establishing a cross-border JV can lead to unexpected and

With thanks to other contributors from Squire Patton Boggs offices across its global network. Cross-border JVs There is no ‘one size fits all’ approach when forming cross-border joint ventures (JVs) (ie where one or more of the JV parties is based outside the UK and they intend to form a JV vehicle outside the UK). The terms of any agreement must ultimately describe the commercial arrangement between the parties. However, many of the legal issues set out in this and the following Practice Notes: Cross-border joint ventures—initial considerations, Cross-border joint ventures—management and control and Cross-border joint ventures—taxation and funding issues may in fact influence the choice of jurisdiction for the JV entity, as well as the commercial deal itself and should therefore be considered as early as possible to give the JV the best chance of success. Even if a joint venture agreement (JVA) has a familiar governing law, such as English law, establishing a cross-border JV can lead to unexpected and unfamiliar issues arising. Each

ARCHIVED: This Practice Note has been archived and is not maintained. This Practice Note sets out the scope and key objectives of the Mediation Directive 2008/52/EC. It also addresses its implementation in the UK and its effect on the CPR. It sets out some key definitions and provides guidance on the court’s attitude to the directive vis-à-vis domestic mediations. Impact of Brexit The Mediation Directive was implemented into the laws of England and Wales under the Cross-Border Mediation (EU Directive) Regulations 2011, SI 2011/1133 (as discussed further below at Mediation Directive implementation—United Kingdom. These regulations were revoked on IP completion day (31 December 2020 at 11 pm), subject to transitional provisions. For guidance on those transitional requirements, see Practice Note: Brexit post implementation period—considerations for dispute resolution practitioners [Archived]—Mediation. Where those transitional requirements are met, separate provision has been made in UK domestic legislation for the continued application of certain parts of the civil procedure rules that have otherwise been revoked or amended as of 31 December 2020, at 11 pm,

ARCHIVED: This Practice Note has been archived and is not maintained. This Practice Note is for use in mediations where the transitional criteria in Article 69 of the Withdrawal Agreement between the UK and the EU were met on or before IP completion day (ie 31 December 2020, 11 pm) such that the mediation is subject to the Mediation Directive 2008/52/EC. For further guidance on those transitional requirements, see Practice Note: Brexit post implementation period—considerations for dispute resolution practitioners [Archived]—Mediation. Where those transitional requirements are met, provision has been made in UK domestic legislation for the continued application of certain parts of the civil procedure rules that have otherwise been revoked or amended as of 31 December 2020, at 11 pm, including old Part 78 discussed throughout this Practice Note. For further guidance, see Practice Note: Brexit post implementation period—CPR changes [Archived]. Copies of the old provisions are available here: This Practice Note addresses how to enforce a cross-border mediated settlement agreement under Mediation

ARCHIVED: This Practice Note has been archived and is not maintained. This Practice Note is for use in mediations where the transitional criteria in Article 69 of the Withdrawal Agreement between the UK and the EU were met on or before IP completion day (ie 31 December 2020, 11 pm) such that the mediation is subject to the Mediation Directive 2008/52/EC. For further guidance on those transitional requirements, see Practice Note: Brexit post implementation period—considerations for dispute resolution practitioners [Archived]—Mediation. Where those transitional requirements are met, provision has been made in UK domestic legislation for the continued application of certain parts of the civil procedure rules that have otherwise been revoked or amended as of 31 December 2020, at 11 pm, including old Part 78 discussed throughout this Practice Note. For further guidance, see Practice Note: Brexit post implementation period—CPR changes [Archived]. Copies of the old provisions are available here: This Practice Note sets out, in the context of mediations subject to the Mediation Directive

ARCHIVED: This Practice Note has been archived and is not maintained. This Practice Note is for use in mediations where the transitional criteria in Article 69 of the Withdrawal Agreement between the UK and the EU were met on or before IP completion day (ie 31 December 2020, 11 pm) such that the mediation is subject to the Mediation Directive 2008/52/EC. For further guidance on those transitional requirements, see Practice Note: Brexit post implementation period—considerations for dispute resolution practitioners [Archived]—Mediation. Where those transitional requirements are met, provision has been made in UK domestic legislation for the continued application of certain parts of the civil procedure rules that have otherwise been revoked or amended as of 31 December 2020, at 11 pm, including old Part 78 discussed throughout this Practice Note. For further guidance, see Practice Note: Brexit post implementation period—CPR changes [Archived]. Copies of the old provisions are available here: This Practice Note deals with how, in the context of mediations subject to the Mediation

In the context of the now revoked Cross-Border Merger Regulations, a type of statutory merger which involved at least one company within the meaning of CA 2006, s 1 and at least one company governed by the law of an EEA State other than the United Kingdom. In a cross-border merger, all the assets and liabilities of one or more 'transferor companies' would be transferred by way of the transaction to a 'transferee company' (Cross-Border Mergers Regulations).

The Financial Stability Board (FSB) has issued finalised recommendations on cross-border payments set out in two reports, the first addressing greater alignment in data frameworks and the second addressing  consistency in the regulation and supervision of bank and non-bank payment service providers (PSPs). The recommendations are part of the FSB's efforts under the G20 cross-border payments roadmap. The FSB is also inviting stakeholders to nominate senior representatives to serve on its Taskforce on Legal, Regulatory, and Supervisory matters (LRS Taskforce) to enhance private sector engagement. Nominations are requested by 31 January 2025.

ARCHIVED: This archived Practice Note has been archived and is not maintained. It considers cross-border pension schemes (also known as ‘pan-European pension schemes’) as they operated in the UK before IP completion day, including the reasons for wanting to establish such a scheme, the requirements that such schemes had to satisfy pre-IP completion day, how cross-border legislation applied to cross-border transfers between schemes, the tax treatment of European members’ contributions, the way in which cross-border schemes worked in practice and applicable funding requirements. This Practice Note also explores the revocation of the UK’s cross-border pension regime on IP completion day, the impact of such revocation on cross-border pension schemes in place at the time and alternatives to cross-border schemes. This Practice Note is not maintained. Brexit revocation of the cross-border pension scheme regime As a result of Brexit, the UK’s cross-border pension scheme regime became obsolete with effect from IP completion (11pm on 31 December 2020) and thus ceased to apply to UK schemes on and from that date. This was achieved through

Philanthropy is a key element of the wealth plan of many ultra-high-net-worth individuals and their families (UHNWIs). The methods used to further an individual’s charitable goals can vary from cash donations to establishing and running their own charitable organisation. In many cases, such activities may take in more than one jurisdiction, facilitated in part by new payment technologies, crowdfunding and new transaction structures. This Practice Note outlines some of the issues faced by UHNWIs with a UK connection in engaging in cross-border charitable and philanthropic activities. UK as a centre for cross-border philanthropy The UK offers several advantages as a base for charities operating both within and outside its borders. These advantages include the UK’s tax and regulatory systems, as well as its long history of multiculturalism. UK regulation of charities English and Welsh charities operate within an established statutory and common-law framework, which offers stability and flexibility to change in accordance with societal demands. A key element of the system is a dedicated, independent regulator in the form of the Charity Commission for England and Wales (Charity Commission).

Family analysis: Where a child was being looked after by an English local authority under section 20 of the Children Act 1989 (ChA 1989) in a residential children’s home in Scotland with the consent of the parents, Mr Justice Cobb found that there is no bar to such a placement and considered the legal framework under which such an interim placement could take effect and/or whether there are legal impediments or lacunae, concluding that there is nothing in primary or secondary legislation that prevents such an interim placement provided the local authority complies with its duties and the court has scrutinised and approved the interim care plan. Poonam Bhari, barrister at 3PB Chambers, considers the issues.

Interaction of matrimonial and other laws Marriage can affect the rights of the parties in one or more of the following ways: Matrimonial contract and property regimes English law has always recognised that the law of matrimonial domicile may bring with it foreign concepts of matrimonial contract and matrimonial property regimes. Whether such a regime applies only to movables or also to immovables is less clear. In June 2016, the EU introduced regulations on the recognition of matrimonial regimes for marriage and registered partnerships. Both mixed sex and same sex marriage and registered partnerships can be subject to matrimonial property regimes. The registration of a marriage or a registered partnership can therefore have an effect on property rights. See Practice Note: Forced heirship and succession law — Matrimonial property regime for more information. Taxation Spouses and civil partners are given favourable tax treatment in many jurisdictions, with either exemptions or reliefs in relation to taxes on death or upon lifetime gifts, and also in relation to capital gains tax (CGT). Succession