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PRACTICE NOTES
NOTE—to see whether notification thresholds in Algeria and throughout the world are met, see further: Where to Notify. 1. Have there been any recent developments regarding the Algerian merger control regime and are any updates/developments expected in the coming year? Are there any other ‘hot’ merger control issues in Algeria? The provisions of the current Algerian Commerce Code (Ordinance No. 75-59 of 25 September 1975) govern the corporate aspects of this regime, while the Competition Law (Ordinance No. 03-03 of 19 July 2003) (the 2003 Ordinance) governs its competition aspects. The 2003 Ordinance was amended and supplemented by two successive decrees in 2008 and 2010—Ordinance No. 08-12 of 25 June 2008 (the 2008 Ordinance) and Ordinance No. 10-05 of 15 August 2010—which extended its scope to imports of goods for resale, agricultural products, and public procurement. However, the Conseil de la Concurrence (Competition Council) considers that many of the current provisions are no longer suited to Algeria’s economic context and has repeatedly proposed amendments to the existing competition law framework. These proposed reforms were
NEWS
MLex: AliExpress says it will appeal against the European Commission's record €550 million fine for failing to adequately assess and mitigate the risks posed by the sale of illegal, unsafe and counterfeit products on its platform. The Chinese e-commerce site, owned by the Alibaba Group, said the penalty for breaching the EU's digital services law was disproportionate and failed to reflect the improvements and voluntary commitments the company had made during the regulator's two-year investigation into illegal products on its platform.
GLOSSARY
In legal practice, an alias is any name or style a person uses that is not their current legal name. It is recorded to ensure accurate identification in criminal proceedings, civil claims and regulatory checks. The term is descriptive rather than statutory; courts, police and prosecutors commonly denote aliases as “also known as” (AKA) or “otherwise known as”. Inclusion on indictments, charge sheets, warrants, judgments and court orders links records, attributes previous convictions, and reduces mistaken identity. Recording an alias does not effect a change of name; a change of name depends on evidence of use or a formal instrument (for example, deed poll or statutory declaration). Using an alias is not unlawful per se, but use intended to deceive or obstruct may constitute offences (such as fraud, identity document offences, or perverting/obstructing justice), and may affect bail, sentencing or immigration decisions. In drafting and due diligence (KYC/AML, sanctions, insolvency), list known aliases for service and enforcement; trading names are not strictly aliases. Usage is broadly consistent across England and Wales, Scotland, Northern Ireland and Ireland, with only minor variations in wording.
GLOSSARY
An alibi is a defence in criminal proceedings where the accused asserts that they were elsewhere when the alleged offence was committed, making their participation factually impossible. In practice, it involves evidence such as witnesses, CCTV, phone or travel records showing the defendant’s presence at a different place and time from the crime.Across England and Wales, Scotland, Northern Ireland and Ireland, the concept is broadly consistent and arises from case law rather than detailed statutory definition. Criminal procedure rules in each jurisdiction impose specific requirements for giving notice of an alibi, usually requiring advance disclosure of the time, place and identity of supporting witnesses. Failure to give proper notice can affect the ability to rely on alibi evidence or the weight accorded to it.An alibi does not shift the legal burden of proof: the prosecution must still prove guilt beyond reasonable doubt. However, a credible alibi can create reasonable doubt, while a fabricated or inconsistent alibi may support an inference of guilt or damage the accused’s credibility. Effective handling of alibi evidence is central to criminal defence practice, case preparation and trial strategy.
GLOSSARY
An alibi witness is a person who gives evidence that the accused was somewhere else when the alleged offence was committed, and therefore could not be the offender. In criminal proceedings across England and Wales, Scotland, Northern Ireland and Ireland, the term is descriptive rather than formally defined in statute, but is widely used by courts and practitioners.An alibi witness typically provides testimony about the accused’s whereabouts, supported where possible by documents, CCTV, phone records or other corroborating material. Their evidence is directed to reasonable doubt about identity or presence at the crime scene, rather than to justification or excuse.All four jurisdictions have procedural rules requiring advance notice of an alibi and details of proposed alibi witnesses (for example, the Criminal Procedure and Investigations Act 1996 in England and Wales, and equivalent provisions in Northern Ireland, Scotland and Ireland). Failure to give proper notice can affect the court’s discretion on admitting or commenting on alibi evidence.Practitioners must assess credibility, potential cross‑examination, consistency with other defence evidence and disclosure obligations when calling an alibi witness, as weak or fabricated alibis can seriously damage the overall defence case.
NEWS
IP analysis: This case consolidates the existing UK and Court of Justice case law on evidence of genuine use of a trade mark and defending an application for total or partial revocation. Conversely, it also demonstrates the risk that an alleged infringer takes when it must rely solely on a counterclaim for revocation in the face of infringement allegations. Written by Emma Kennaugh-Gallacher, senior professional support lawyer at Mewburn Ellis.
GLOSSARY
Alien species include any live animal, plant, fungi or micro-organism introduced outside of its natural range. This includes things such as eggs and seeds, as well as any hybrids, varieties or breeds that might survive and subsequently reproduce.
GLOSSARY
Assigning, underletting, parting with or sharing possession or occupation of premises. Typically a lease will contain restrictions on a tenant’s ability to do so, without the landlord’s prior written consent.
PRACTICE NOTES
This guide enables companies to align their corporate strategy and transition plan, incentivise board members to achieve their emissions-reduction targets, mitigate reputational and liability risks, especially greenwashing, and demonstrate climate leadership and commitment to reducing
PRACTICE NOTES
This Practice Note together with Precedent: Strategic planning—step plan, suggests some initiatives to help you understand the broader business goals of your organisation and to deliver legal services in alignment with them. Strategic alignment The first step is to understand the business priorities and strategy of your organisation. It is recommended that you meet with your organisation’s CEO to discuss the organisation’s objectives and your CEO’s views of the long, medium and short-term strategy to achieve those objectives. See Practice Note: Understanding business strategy. This is your opportunity to demonstrate that the in-house legal team is key to the organisation’s success because all key business considerations involve the law to some degree. You can also show your capability, as leader of the in-house team, to ensure the legal department can improve the operational capabilities of the organisation by discussing the ways in which your legal team can align itself to support the organisation’s objectives. The legal department’s important stakeholders and ‘customers’ It is very important to set aside specific time to build relationships
GLOSSARY
Financial support for a spouse or civil partner or child that can be enforced by law.
GLOSSARY
Not available to meet the claims of creditors. Formerly common in ante-nuptial contracts of marriage where property was provided by the wife. See also liferent'>alimentary liferent.