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NEWS
Public Law analysis: Dervla Simm, associate at Hogan Lovells, examines Wasif and advises all practitioners involved in bringing judicial review applications to bear in mind the criteria for totally without merit (TWM) certification before making an application.
NEWS
PI & Clinical Negligence analysis: This case concerned a gas explosion in Sunderland in 2017, which destroyed two residential properties and caused significant personal injury. The claimant was, the court observed, ‘truly fortunate to survive this horrific incident’. It was agreed between the parties that the direct cause was corrosion damage to the one-inch diameter steel service pipe situated below the soil surface. The service pipe ran from the iron mains pipe to the internal installations. This allowed gas to escape and to accumulate within the property, eventually being ignited by the unwitting claimant. Written by Harry Lambert at Crown Office Chambers.
GLOSSARY
The system of controlling the transfer of any nuclear related material including goods, information, software and technology from the UK to another State.
NEWS
The Export Control Joint Unit has announced that amendments to Syria sanctions by the Foreign, Commonwealth and Development Office (FCDO) took effect from 25 April 2025. The changes include the removal of certain export prohibitions and the revocation of the general trade licence previously issued for earthquake relief efforts in Syria. The notice forms part of the ongoing notices to exporters collection addressing embargoes and sanctions.
PRACTICE NOTES
Exporters who wish to take their goods or services to overseas markets will often face significant risks in their endeavours to generate new business. The likelihood of non-payment in these environments is heightened in the face of enhanced: • commercial risk (ie failure to pay by an overseas buyer, overseas buyer's insolvency, unilateral breach of contract, non-performance of the asset or non-payment by off-takers), and • political risk (ie the risk that government action or political circumstances will have an adverse effect on local business and/or international investment) For certain goods or services or in certain markets, these risks may substantially inhibit the availability of commercial financiers, meaning that in the absence of Export Credit Agency (ECA) assistance, many such projects may never get off the ground. ECAs exist to step into this gap and help mitigate the commercial and/or political risks inherent in dealing with an overseas business, providing an important source of financial support
GLOSSARY
A governmental agency, quasi-governmental entity or a private institution acting on behalf of a government, which has the primary focus of supporting the national economy by supporting trade. ECAs provide support through a variety of financial products, depending on the nature of the transaction and the type of risk that the exporter or sponsor wishes to cover. Common types of support include direct loans, guarantees and insurance.
GLOSSARY
The UK's official export credit agency. It operates under the name UK Export Finance.
PRACTICE NOTES
There are strict controls on the export, brokering and transshipment of ‘strategic’ goods, software and technology from and through the UK. This includes military equipment and ‘dual-use’ items that can be used for both civil and military purposes. For guidance on whether the controls apply, see Practice Note Export controls—Requirement for an export licence. The Export Control Joint Unit (ECJU), which is a unit of the Department for Business, Innovation, Science and Trade, is responsible for licensing controlled goods and for monitoring exporters’ compliance with the controls. Breaches of the controls are a criminal offence. HMRC and the Crown Prosecution Service (CPS) are responsible for investigating and prosecuting those who fail to comply. Export licensing and related compliance interactions are administered through Department for Business, Innovation, Science and Trade systems, including SPIRE and, for certain applications and approvals, the ‘Apply to export controlled goods’ service (formerly referred to as LITE). For information on the enforcement and prosecution of export controls, see Practice Note: The enforcement
PRACTICE NOTES
This Practice Note provides practical guidance on the requirement to have export control licences in the UK for a variety of goods subject to UK export controls. Introduction Export controls do not always prohibit the export of controlled goods. In fact, it is mostly possible to apply for an export licence to export the controlled goods. For guidance on export controls in the UK, see Practice Note: Export controls in the UK. In the UK, the Export Control Joint Unit (ECJU) administers the UK’s system of export controls and licensing for controlled goods, software and technology. Export licence may be applied for using the ECJU’s SPIRE. Which licences may be applied for on SPIRE It is possible to apply for five different licences for goods that are subject to export controls. These are: • open general export licences (OGELs) • open individual export licences (OIELs) • standard individual export licences (SIELs) • brokering licences, and • transhipment licences Open general export licences OGELs are reusable licences for exporters who regularly export military
PRACTICE NOTES
This Practice Note provides practical guidance on the type of exports controls applicable in the UK as well as the legal basis and source of the export controls. What are export controls? Export controls are laws or regulations that are applied to a variety of goods. Export controls are normally applied to certain commodities, software, technology and weapons. It could also be applied to food, live animals and plants, and products derived from plants and animals and medicines to name a few. The control that export controls exert varies. It could be that the export of some product is prohibited. Other products may be exported provided that they fall within some quantity limits that have been imposed. Some products may only be exported if the exporter has obtained some sort of authorisation, such as an export permit or license. The variety of products covered by export controls and the manner of control over those exports varies from country to country. As such, the domestic legislation must be consulted in order to understand the export control
PRACTICE NOTES
What are export controls? Export controls are laws that require the licensing of the export, and in some cases the brokering or transhipment, of certain sensitive goods, components, software, technology and technical assistance (‘items’) including those: • specially designed or modified for military use (‘military items’) • designed for civilian use but with potential military or security uses (‘dual-use items’) • any item if the exporter has been informed by the government, is aware, or has grounds for suspecting that the item is or may be intended for use in connection with a Weapons of Mass Destruction (‘WMD’) programme (WMD ‘end-use controls’) • any item if the exporter has been informed or is aware that it may be intended for: use as a part in a military item that has been exported without authorisation; or, where the destination is a country subject to an arms embargo, for incorporation into, or the production of, a military item; or use by military, para-military, police, security or intelligence services or related development
GLOSSARY
A receivable which is payable by a debtor domiciled outside the UK. Typically the contract of sale referable to the debt is governed by English law and disputes must be resolved in the English courts.