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NEWS
IP & IT analysis: The recent dismissal of the appeal in Actavis v Eli Lilly means the noteworthy part of the first instance judgment still stands—and the ability of a UK court to decide on infringement of non-UK EP designations of patents remains.
GLOSSARY
Acte clair is a doctrine that permits national courts of last instance to refrain from requesting a preliminary ruling under Article 267(3) TFEU from the Court of Justice of the European Union (CJEU) when the point of EU law at issue is indubitably obvious.
PRACTICE NOTES
This Practice Note provides guidance on acting as a guardian for a missing person under the Guardianship (Missing Persons) Act 2017 (G(MP)A 2017), including the powers and duties of guardians, how guardians are supervised by the Office of the Public Guardian (OPG) and practical first steps on being appointed. For guidance on when it will be appropriate to apply for the appointment of a guardian under the G(MP)A 2017 and on the procedure for making a claim, see Practice Note: Making an application to appoint a guardian to manage the property and financial affairs of a missing person. For guidance on changing, ending or renewing a guardianship order, see Practice Note: Changing, ending or renewing a guardianship for a missing person. Duties of the guardian The guardian will be subject to any duties imposed by their guardianship order and by G(MP)A 2017 and any secondary legislation made under that Act. The guardian is also bound by duties arising from the law of agency as the guardian is deemed to be the agent of the missing
PRACTICE NOTES
This Practice Note considers the practical steps for establishing and operating an Authorised Corporate Service Provider (ACSP) service, including the governance, systems and controls that should be put in place when acting as an ACSP and the arrangements required for maintaining compliance. The internal controls suggested in this Practice Note are practical recommendations to help firms implement statutory requirements and Companies House guidance. Unless expressly identified as a legal or Companies House requirement, a suggested control is not presented as mandatory. Firms should tailor the controls, the allocation of responsibility and the frequency of review to the nature, scale and risks of their ACSP services. The legislation concerning the ACSP regime is: • Economic Crime and Corporate Transparency Act 2023 (ECCTA 2023) • Companies Act 2006 (CA 2006) • the Registrar (Identity Verification and Authorised Corporate Service Providers) Regulations 2025, SI 2025/50 (the ACSP Regulations) For the legal framework, eligibility requirements and enforcement provisions, see Practice Note: Corporate transparency reform—Authorised Corporate Service Providers (ACSPs). For the detailed requirements applying when
PRACTICE NOTES
The role of secretary to pension trustees has changed dramatically in recent years and is important to the smooth running of a scheme. This Practice Note explains the legal and governance considerations for anyone appointed to that role. Change in the role of secretary The way that trust-based pension schemes are run has changed greatly over the past decade, and with it the role of secretary has taken on a new importance. In past decades when there was less concern about pension scheme funding and a lighter regulatory framework, the secretary might well have been a silent minute taker. But the extra work that is now demanded of pension trustees and the greater expectations placed on them mean that more is now expected of a secretary. The secretary will generally play an active role in the running of the scheme—certainly in the trustee meetings and in organising work between those meetings. In some cases the secretary to the trustees will be visible to the pension scheme's
PRECEDENTS
This Checklist sets out points you should consider and actions you should take before representing or acting for a partner or employee, yourself, friends or members of your family, including situations where you are instructed jointly by another external client or where you are assisting others in your personal capacity. There is a section for you to insert comments or note action points. See also [insert, eg our Policy—acting for yourself, friends and family]. 1 Acting for a partner or employee Generally, [insert name of firm] will not accept instructions from a partner or employee of the firm in a personal matter relating to that partner/employee or any member of their family (including spouse, civil partner, children, parents, brothers or sisters) or friends (meaning close personal friends where it could be said that our objectivity may be impaired). The [insert, eg Board or other decision making body] has, however, agreed that some defined types of work may be undertaken provided our [insert, eg Policy—acting for yourself,
PRACTICE NOTES
This Practice Note highlights key issues to consider when acting for an outgoing tenant on the assignment of a rack rent (occupational) commercial lease. See also Practice Note: Transferring commercial property—a practical guide and Assignment of a rack rent lease (assignor)—checklist. Is the landlord’s consent required to the assignment? Check the terms of the lease (including any deeds of variation or supplemental documents). If the lease is registered and it is a lease that contains HM Land Registry prescribed clauses, the register will state whether or not the lease contains provisions that prohibit or restrict dispositions (as shown by clause LR8 of the lease). In addition, there may be a restriction on the title prohibiting assignment without landlord’s consent. Where relevant, also check the terms of any superior lease to see if there is a restriction prohibiting the assignment (for example a prohibition on assigning an underlease without consent). Assignment may be: • prohibited • permitted without consent—this is the case if the lease is silent (note that a covenant not to part with possession
PRACTICE NOTES
This Practice Note provides guidance on the approach that trustee’s counsel would typically take when reviewing bond documentation and the specific points that trustee’s counsel should look for in the documentation. It includes an overview of the trustee's role in a debt capital markets (DCM) transaction, a discussion of some of the key concerns of trustees in the negotiation of documents, the issues arising in connection with an enforcement and an overview of other points that arise in connection with specific types of bond issuances. Unless otherwise noted, this Practice Note discusses only the transaction structures of English trustees acting under English law governed trust deeds in connection with debt securities issued on a standalone basis. Overview of the trustee’s role The trustee is an entity appointed by the issuer to represent the interests of the bondholders, acting as the intermediary between the issuer and the bondholders. The trustee's main functions are to: • hold the issuer's covenant to pay principal and interest on trust for the bondholders
Q&As
Restriction and successor covenant The question of how to comply with the overage deed will of course depend upon its provisions. However it is likely that the overage beneficiary’s entitlement to the overage is protected by a restriction on the proprietorship register and a requirement for the new buyer to enter into a positive covenant to observe and perform the terms of the overage deed (a 'successor covenant'). Your client will need to: • procure that the buyer enters into that successor covenant, and • deliver this to the overage beneficiary, who should then produce an HM Land Registry consent letter to permit
Q&As
The Housing Act 2004 prescribes specific requirements and legal responsibilities in relation to landlords of houses in multiple occupation (HMOs). Regulations promulgated by way of secondary legislation set out further requirements. An HMO is a property that is rented to at least three people who do not form one household but share facilities. HMOs are divided into small HMOs and large HMOs. A large HMO is a property which is rented to five or more people who form more than one household, is at least three storeys high, and has shared toilet, bathroom or kitchen facilities. All large HMOs require a licence. In some areas directions have been given by the local authority requiring small HMOs also to be licensed. A licence is valid for a maximum of five years. When acting in a purchase of
PRACTICE NOTES
Extreme caution should be exercised by firms and individuals considering acting for themselves, friends or family. Risks include potential conflicts of interest, compromised professional judgment, breaches of the SRA’s insurance and other regulatory requirements and AML breaches. This Practice Note covers considerations where a law firm wishes to act for one of its own partners or employees, where an individual lawyer wishes to represent or act for themselves, and for your lawyers representing or advising others in a personal capacity. Regulatory considerations There is no specific reference in the SRA Standards and Regulations to acting for friends and family. SRA Principles The SRA Principles require you to act: • in a way that upholds the constitutional principle of the rule of law, and the proper administration of justice—Principle 1 • in a way that upholds public trust and confidence in the solicitors’ profession and in legal services provided by authorised persons—Principle 2 • with independence—Principle 3 • with honesty—Principle 4 • with integrity—Principle 5 • in the best interests of each client—Principle 7 Conflicts of interest The
PRECEDENTS
1 Introduction 1.1 This policy covers three separate situations: 1.1.1 the firm acting for one of our partners/employees, alone or jointly with an external client—see section 2; 1.1.2 a partner/employee acting for themselves—see section 3; and 1.1.3 giving advice to others in a personal capacity, whether or not they are friends or family—see section 4. 1.2 This policy serves to protect every client, so that all legal work undertaken by the firm is subject to our standard processes, which help mitigate the risk we face as a firm and as individuals. 1.3 Compliance with this policy is compulsory. 1.4 If you have any queries in relation to this policy, its scope, interpretation or application, contact [insert, eg the COLP]. 2 [Insert name of firm] acting for partners or employees alone or jointly with an external client 2.1 Generally [insert name of firm] will not accept instructions from a partner or employee of the firm in a personal matter relating to that partner/employee or any member of their family (including spouse, civil partner, children, parents, siblings) or friends (meaning close personal friends where it could be said that your objectivity