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PRACTICE NOTES
The EU has set itself ambitious targets to achieve ‘A Europe Fit for the Digital Age’, which aims to bring about the digital transformation of the EU. This objective was one of the six European Commission priorities for 2019–2024. This Practice Note summarises the key initiatives taken by the European Commission to achieve its objective. For more detailed information on key EU digital initiatives, see Practice Note: Key EU digital initiatives—summary. Timeline On 19 February 2020 the European Commission adopted its ‘Shaping Europe’s Digital Strategy’, which is a policy plan for the digital transformation of the EU. This initiative was complemented by the adoption by the European Commission, on 9 March 2021, of the Communication ‘2030 Digital Compass: the European way for the Digital Decade’ (Digital Compass Communication) which presented a vision for a successful digital transformation of the EU by 2030. The digital targets for 2030 are based on four cardinal points: digital skills, digital infrastructures, digitalisation of businesses and of public services. The Communication was followed by the ‘Digital
Q&As
For the purpose of this Q&A it is assumed that: • the deceased died in the UK • the party who has submitted the query is acting for the heirs of the estate This query raises a number of important issues. UK tax liability of estate Whether there is a UK tax liability normally depends on the residence for UK tax purposes of the personal representatives (PRs) of the deceased.
NEWS
Family analysis: The issue in Re X (a child) (No 2) An NHS Trust v X involved a challenge to the ‘conventional wisdom’ that no child has an absolute right to refuse medical treatment, even if the child is Gillick competent or, having reached the age of 16, is presumed to be Gillick competent pursuant to section 8 of the Family Law Reform Act 1969 (FLRA 1969), and whether the court, in the exercise of its inherent parens patriae or wardship jurisdiction, can overrule that decision in an appropriate case. The challenge was unsuccessful and the court held that Re R (A Minor) (Wardship: Consent to Treatment) and Re W (A Minor) (Medical Treatment: Courts Jurisdiction) remain good law. Claire Watson, barrister, at Serjeants’ Inn Chambers considers the implications of this decision.
Q&As
Interest on judgment debts Judgment debts accrue simple interest at a rate of 8% a year until payment, unless the court rules otherwise. Interest runs from the date judgment is given, unless the court or a rule or Practice Direction says otherwise. The court may order that interest shall begin to run from a date before the date that judgment is given. For further guidance, see Practice Note: Interest on judgment debts as well as Practice Notes: • County Court judgments and orders—additional matters • Which enforcement of judgment method should I choose? in particular, the section: Which enforcement of judgment method should
Q&As
The most common method for a landlord to terminate a tenancy protected by the Landlord and Tenant Act 1954 (LTA 1954) is service of a notice under LTA 1954, s 25. This question asks whether the landlord can serve such a notice at a time when the tenancy is not protected, but circumstances may change to bring it within the Act before the contractual expiry date. LTA 1954, s 25(1) provides that 'The landlord may terminate a
Q&As
Under section 24 of the Landlord and Tenant Act 1954 (LTA 1954), if a lease is not contracted out of LTA 1954, the lease can only be brought to an end: • using one of the methods provided for under the LTA 1954, ie section 25 notice, section 26 request or section 27 notice, or • by way of surrender or forfeiture, or tenant’s notice to quit Following a section 25 notice or a section 26 request being served, but before the end of the statutory period,
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. 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
The effect of Part II of the Landlord and Tenant Act 1954 (LTA 1954) is to give security of tenure to the tenant of business premises. The way in which this security is given is that at the end of the contractual term the term is continued until such time as it is brought to an end by the service of the notice under LTA 1954, s 25 by the landlord either objecting to the grant of a new tenancy on one of the grounds set out in the LTA 1954 or consenting to the grant of a new tenancy and suggesting terms or the service of a section 26 request for a new tenancy by the tenant. In either case the notice will state a date
Q&As
In England and Wales property in multiple ownership is held in two manners. The legal proprietors of the property are those in whose name title is held; if the property is registered their names will be entered upon the proprietorship register. The legal owners hold the property on trust for the beneficial owners. The beneficial owners may and often will be the same as the legal owners, but do not have to be. Joint legal owners hold the legal title as joint tenants. The beneficial interest can be held either as equitable joint tenants or as tenants in common,
Q&As
Section 21(1) or 21(4) notice in the context of a statutory periodic assured shorthold tenancy (AST) A landlord can use either a section 21(1) or section 21(4) notice in the context of a statutory periodic AST which was continuing following expiry of the fixed term. It had previously been assumed that a section 21(1)(b) notice could only be served where the notice is being served before or on the day the fixed term of a tenancy terminates and, accordingly, if the notice was served during the
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IP analysis: In a painstakingly thorough 514-paragraph judgment, Mr Justice Edwin Jones examined 55 instances where the claimant, Merck KGaA, alleged the five defendants, including Merck, Sharpe & Dohme LLC (together MSD) had used the word ‘Merck’ in ways prohibited by an agreement between the parties (the 1970 Agreement), infringed Merck KGaA’s UK trade marks and ultimately breached an injunction ordered by the court in July 2020. Merck KGaA sought declaratory relief from the court rather than filing contempt proceedings. Despite MSD’s disagreement, Jones J found this to be an appropriate approach and, following his determination that three of the defendants had indeed committed many of the alleged breaches of the 2020 Order, he decided to grant partial declaratory relief to that effect. Written by Emma Kennaugh-Gallacher, senior professional support lawyer at IP firm Mewburn Ellis.
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Corporate Crime analysis: In August 2025, the SFO and CPS published their updated Joint Corporate Prosecution Guidance, reflecting the expanded corporate criminal liability provisions created by the Economic Crime and Corporate Transparency Act 2023 (ECCTA 2023). Rachel Cook, senior solicitor at Peters & Peters considers the importance of this update and explains how it equips prosecutors for the failure to prevent fraud offence, signals a firm deterrent message to corporates and how it is both a roadmap for prosecutors and a manual for defence lawyers advising on corporate criminal liability.