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GLOSSARY
Leveraged finance facilities agreements will typically include provisions allowing borrowers to use some of the revolving credit facility commitment to access certain kinds of banking facilities such as an overdraft, stand-by letter of credit facility or foreign exchange facility. These facilities are typically provided on a bilateral basis and known as ancillary facilities.
GLOSSARY
Ancillary jurisdiction describes a court’s power to hear and determine matters that are not the primary claim before it, but which are sufficiently connected that they must be resolved to do justice or give effect to its decisions. It is a descriptive doctrine rather than a single statutory definition, and is developed mainly through case law.In England and Wales and Northern Ireland, ancillary jurisdiction commonly covers: enforcing and supervising court orders; dealing with consequential and incidental applications (for example, costs, interim relief, committal, variation and interpretation of orders); and determining related issues necessary to make the principal proceedings effective. In civil procedure it overlaps with concepts such as “incidental” or “supplemental” jurisdiction.In Scotland, similar ideas are reflected in the court’s inherent powers and its competence to deal with incidental procedure, including ancillary orders in actions raised in the Court of Session or sheriff court.In Ireland, courts likewise rely on inherent and statutory jurisdiction to make ancillary orders and to resolve related issues required to implement their judgments.Across all four jurisdictions, ancillary jurisdiction is practically significant in complex litigation, enforcement, insolvency, family law and regulatory proceedings.
GLOSSARY
Applications for financial provision brought by one party to a marriage or civil partnership on divorce or dissolution whether for themselves or for any children of the family.
PRACTICE NOTES
Article 101(1) TFEU prohibits agreements which may affect trade between Member States and which have as their object or effect the prevention, restriction, or distortion of competition within the internal market. However, EU case law has confirmed that not every restriction of a party's economic freedom is necessarily a ‘restriction of competition’ within the meaning of Article 101(1) TFEU—the Court of Justice confirming (for example) that it: '...may be doubted whether there is an interference with competition if the said agreement seems really necessary for the penetration of a new area by an undertaking' This observation led to the ‘ancillary restraints doctrine' with the EU Courts and the European Commission (Commission) recognising that certain restrictions should not be ‘restrictions of competition’ within the meaning of Article 101(1) TFEU where, in consideration of the 'legal and economic context', they are demonstrably necessary for protecting the legitimate interests of the parties to the agreement. Doctrine Inspired by the common law approach to assessing commercial restraints (ie, exceptions to the rule against ‘restraints of trade’), the concept
NEWS
Andrew Warnock QC, of 1 Chancery Lane, and Rosalind English, of 1 Crown Office Row, have discussed the new British Bill of Rights, seeking to replace the Human Rights Act 1998 (HRA 1998).
GLOSSARY
An angel investor is a high-net-worth individual who provides early-stage equity or quasi-equity finance to start-ups or growth companies, typically before institutional venture capital investment. In UK and Irish legal practice, the term is descriptive rather than a defined legal concept in company or securities legislation, though it is used widely in corporate, tax and financial regulation contexts.Angel investment is usually structured through ordinary shares, preference shares, convertible loan notes or advance subscription agreements, often documented via subscription and shareholders’ agreements. Key legal issues include valuation, dilution, minority protection, governance rights (board seats, vetoes), exit provisions and compliance with financial promotion restrictions under UK and Irish securities laws.Lawyers advising angel investors or investee companies will consider tax reliefs (for example, the UK’s EIS/SEIS regimes, Ireland’s Employment and Investment Incentive), due diligence, intellectual property ownership, and fit with later funding rounds. Across England & Wales, Scotland, Northern Ireland and Ireland, the expression “angel investor” is used consistently in practice, with differences arising mainly from local company, tax and regulatory frameworks rather than from any divergence in the underlying concept.
NEWS
Private Client analysis: It has now been some time since Angela Rayner resigned as the UK Deputy Prime Minister after her admission that she underpaid stamp duty land tax (SDLT) on the purchase of her £800,000 flat. This has provided much needed space to understand the circumstances and background in which the transaction was made which provides a stark warning to solicitors, licensed conveyancers and tax advisers. Written by Raghav Trivedi, barrister at St Philips Chambers in Birmingham.
NEWS
Sittings at Courts 1 & 2, Anglesea Street Courthouse, Cork are cancelled on 8 July 2024 due to the death of Judge Elizabeth MacGrath as a mark of respect. All parties with matters listed for 8 July will be notified of the adjourned date this week.
PRACTICE NOTES
CASE HUB ARCHIVED–this archived case hub reflects the position at the date of the decision of 1 May 2012; it is no longer maintained. See further, timeline NOTE–on 26 April 2018, following a request under the undertakings accepted in relation to this transaction, the CMA approved Tarmac’s reacquisition of certain assets of Breedon Group PLC. Case facts Outline UK merger investigation into the joint venture between Anglo American PLC and Lafarge SA. Latest developments On 1 May 2012, the CC issued its final report and cleared the JV subject to divestment. The parties agreed a divestiture package with the CC, including the divestment of Tarmac's stake in MQP, primary aggregate, RMX, cement, asphalt and RMX plants and linked rail depots There was a subsequent market investigation into the supply of aggregates, cement and RMX in Great Britain. A provisional report has found evidence
PRACTICE NOTES
1. What is the applicable legislation? Private investment in Angola, whether it is considered foreign direct investment (FDI) or not, is regulated by the Law No 10/18, of 26 June 2018, as amended by Law No 10/21, of 22 April 2021, which approved the Private Investment Law (PIL). In addition to this, private investment (and thus FDI) is also regulated by Presidential Decree No 250/18, of 30 October 2018 (as amended by Presidential Decree No 271/21, of 16 November 2021), which regulates the PIL and establishes the procedures for registration of a private investment project. It is also important to reference the Tax Benefits Code, approved by Law No 8/22 of 14 April 2022, which establishes the tax benefits and incentives applicable to the private investment projects. 2. Which government or other body (or bodies) reviews foreign investments? The Agency for Private Investment and for the Promotion of Exports (AIPEX) is governed by Presidential Decree No 53/26 of 1 April 2026 and is the public entity with administrative, financial and patrimonial independence that is responsible for reviewing
PRACTICE NOTES
NOTE—to see whether notification thresholds in Angola and throughout the world are met, see further: Where to Notify. 1. Have there been any recent developments regarding the Angolan merger control regime and are any updates/developments expected in the coming year? Are there any other ‘hot’ merger control issues in Angola? Law No. 5/2018 of 10 May 2018 (the Competition Act) established a modern legal framework for competition law in Angola and created the Competition Regulatory Authority (the Authority) to enforce it. The Competition Law Regulations were approved by Presidential Decree No. 240/18 of 12 October 2018, and additional rules formally establishing the Authority were adopted in December 2018. More recently, the notification forms regulation was approved in January 2020, followed by the filing fees regulation in February 2021. The Authority became operational in 2019 and has since been regularly receiving merger notifications. Between 2019 and 2024, the CRA reviewed a total of 73 merger filings, 14 of which were submitted in 2024 alone. Most notified transactions involved the oil and gas sector, followed
GLOSSARY
Animal testing refers to the use of live animals in experiments or procedures for scientific, medical, cosmetic, educational or regulatory purposes, often in the context of product safety or biomedical research. In UK law, the practice is primarily regulated by the Animals (Scientific Procedures) Act 1986 (ASPA), which requires a project licence, personal licence and establishment licence, and imposes controls on the care, use, pain relief and euthanasia of “protected animals”. The concept overlaps with statutory terms such as “regulated procedures” under ASPA. In Ireland, animal testing is governed by legislation implementing Directive 2010/63/EU, with a similar licensing and inspection regime, and parallel concepts such as “procedures” on protected animals. Across England & Wales, Scotland, Northern Ireland and Ireland, animal testing law is underpinned by the Three Rs (replacement, reduction, refinement) and engages administrative, criminal and regulatory law. The term is significant in advising on compliance, challenging or defending enforcement action, drafting research protocols, procurement and ethics policies, judicial review of licensing decisions, and navigating overlapping regimes on medicines, chemicals, veterinary products and cosmetics.