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GLOSSARY
Particularly harmful forms of collusive conduct such as price-fixing, market sharing and agreements to limit supply between competitors.
GLOSSARY
The period of time before the commencement of an insolvency process where an insolvency practitioner can challenge certain antecedent transactions entered into by the insolvent company.
NEWS
Law360: Nick Ephgrave quickly built a reputation for decisive action at the helm of the Serious Fraud Office (SFO)—but a year into his tenure he now faces the tougher challenge of reviving the agency's fortunes by bringing new and historic cases to trial.
PRECEDENTS
Hardship • means[, subject to clause [1.6 OR 1.7],] a [fundamental OR material] change in the balance of a party’s benefits and obligations under this Agreement caused by a[ legal, technical, political, economic or financial] event (or events) that occurs[ or the impact of which becomes known to the affected party] during the term of this Agreement which: (a) is not a [insert (eg ‘Force Majeure Event’ or ‘circumstance to which clauses [X] or [Y] relate’)]; (b) [except in the case of the circumstances referred to in [insert reference eg to clause 1.6 or 1.7 if appropriate], ]could not reasonably have been anticipated, mitigated against or avoided by the Disadvantaged Party at the time of execution of this Agreement; (c) is beyond the control of [the Disadvantaged Party]; and (d) the risk of which is not otherwise assumed[
CHECKLISTS
In brief This Checklist outlines key points to consider in agreements for the purchase of IT hardware through orders placed under a framework agreement. However, the same checklist can be used for consideration of one-off IT hardware purchase agreements. See also Precedents: IT equipment purchase agreement—pro-customer, Framework agreement for the provision of IT products and services—balanced, Framework agreement for the provision of IT products and services—pro-supplier and Framework agreement for the provision of IT products and services—pro-customer. A framework agreement will usually have an ordering process and an order form attached, which will be used to specify the type, quantity, price and delivery terms. Note that, for international sales, there may be specific issues of tax (including VAT, customs duties and withholding taxes) and import/export restrictions, depending on the countries involved, which are beyond the scope of this Checklist. Checklist The third column can be used to record observations or comments as the Checklist is worked through. Checklist Further information Notes (if any) Specification ☐ List hardware to be purchased. Include details of models, pricing
GLOSSARY
Hare coursing involves dogs being assessed for their skill in hunting and catching hares by the use of live hares.
NEWS
Harlow Council has launched legal action against the government over plans to restructure local government in Essex. The council is seeking judicial review of the decision, arguing that it is not supported by enough evidence and cannot be delivered within the government’s timetable. It has also warned that the changes could cost Harlow tens of millions of pounds, pull staff and funding away from existing priorities, and disrupt local services and investment.
GLOSSARY
Harmonisation refers to the process of bringing national policies and standards closer in line with one another.
PRACTICE NOTES
The original version of this note was written by the late Professor Alexander Türk Definition of harmonisation The creation of an internal market, which has been one of the main objectives of the EU, the removal of national measures that create obstacles to free trade. To that end, EU law prohibits the Member States from adopting acts restricting the free movement of goods, services, persons and capital. However, removing national barriers (deregulation) to trade is not enough to ensure the functioning of the EU Internal Market. The realisation of the EU Internal Market also requires the development of common standards which apply across the Internal Market (re-regulation). ‘harmonisation’, also known as standardisation or approximation, refers to the determination of EU-wide legally binding standards to be met in all Member States. A classic example would be common EU-wide safety standards for children’s toys sold on the EU market. The effective functioning of the EU internal market relies on both the removal of national barriers to trade (deregulation) and the adoption of common EU standards through harmonisation
PRACTICE NOTES
Key dates On 6 June 2019, the European Council adopted the Directive (EU) 2019/1023 of the European Parliament and of the Council of 20 June 2019 on preventive restructuring frameworks, on discharge of debt and disqualifications, and on measures to increase the efficiency of procedures concerning restructuring, insolvency and discharge of debt, and amending Directive (EU) 2017/1132 (the Restructuring and Second Chance Directive). Directive (EU) 2019/1023 has been effective since 17 July 2019 (20 days after publication in the Official Journal on 26 June 2019) and had to be implemented by Member States by 17 July 2021 (within two years of it coming into force; see: LNB News 26/06/2019 67 and LNB News 06/06/2019 70). Note that the requirements on using electronic communications for: • (a) filing of claims, (b) submission of restructuring or repayment plans and (c) notifications to creditors had to be complied with by 17 July 2024, and • (d) lodging of challenges and appeals must be complied with by 17 July 2026 (see Articles 28 and 34.1 of Directive
GLOSSARY
Short numbers intended to have a common significance in all European countries. Examples are ‘00’ for international access, ‘112’ for emergency services, ‘118’ for access to competitive Directory Enquiry services.
GLOSSARY
A technical specification adopted by a recognised standards body under a mandate from the European Commission in conformity with the procedures laid down in Directive 98/34/EC of the European Parliament and of the Council of 22 June 1998 laying down a procedure for the provision of information in the field of technical standards and regulations (as amended) for the purpose of establishing a European requirement, compliance with which is not compulsory.