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NEWS
The House of Lords (HoL) Library has published a briefing on the Education (Assemblies) Bill [HL], a private member's bill introduced by Baroness Burt of Solihull. The bill seeks to repeal the requirement for daily acts of collective religious worship in non-religious schools in England, replacing them with non-religious assemblies focused on pupils' spiritual, moral, social and cultural education. This iteration is identical to the 2021-22 version, which passed all stages in the Lords but fell in the Commons. The bill has support from secular organisations but faces opposition from religious groups. Notably, the current labour government has not yet proposed changes to existing assembly requirements. The bill is scheduled for its second reading on 7 February 2025.
NEWS
The House of Lords Industry and Regulators Committee has published a report on the performance, independence and accountability of UK regulators, which argues that the government should create a new, independent statutory body—‘the Office for Regulatory Performance’—to advise and support Parliament and its committees in holding regulators to account on a ‘much more systematic and thorough basis’.
NEWS
A Special Public Bill Committee established by the House of Lords has issued a call for evidence on the Property (Digital Assets etc) Bill. The deadline for submissions is Friday 20 December 2024.
NEWS
The House of Lords Financial Services Regulation Committee (FSRC) has responded to the Financial Conduct Authority (FCA) consultation paper CP24/2: Our Enforcement Guide and publicising enforcement investigations––a new approach, which proposes changes to how the FCA publicises its enforcement investigations, namely by announcing investigations when they are opened, without prejudice to the outcome. The FSRC says the proposal risks having a disproportionate effect on firms named in investigations, where those firms are subsequently cleared of any wrongdoing, particularly given the length of many investigations.
NEWS
The House of Lords (HoL) has completed the third day of committee stage for the Product Regulation and Metrology Bill on 27 November 2024. Members proposed amendments concerning industry cooperation with emergency services, product withdrawal following Trading Standards concerns and protection of patent software. The bill seeks to modernise regulations on product marketing, quantities, and measurements in the UK to enhance consumer protection and ensure fair business practices. The next committee stage session is scheduled for 11 December 2024, as part of the ongoing detailed examination of the bill's provisions.
PRACTICE NOTES
This Practice Note provides practical steps for local authorities dealing with hoarders and nuisance neighbours. It covers hoarding behaviour for social landlords and local social services including their powers and duties and the relevant law under the following legislations: • Public Health Act 1936 (PHA 1936) • Housing Act 1985 (HA 1985) • Environmental Protection Act 1990 (EPA 1990) • Human Rights Act 1998 (HRA 1998) • Mental Capacity Act 2005 (MCA 2005) • Housing Act 2004 (HA 2004) • National Health Service Act 2006 (NHSA 2006) • Equality Act 2010 (EqA 2010) • Care Act 2014 (CA 2014) • Anti-social Behaviour, Crime and Policing Act 2014 (ABCPA 2014) Its purpose is to identify the key statutory schemes by which public bodies can address hoarding behaviours and the parameters of each scheme. It is not concerned with private law rights of action in relation to hoarding. Hoarding is a complex area because it engages various statutory schemes and is likely to require the involvement of a
NEWS
Hogan Lovells, in collaboration with Middlesex University Dubai, has published the inaugural Middle East and North Africa (MENA) Arbitration survey report. This comprehensive study examines current trends, preferences, and challenges in arbitration practices across the MENA region, with a particular focus on commercial arbitration in the construction and energy sectors. The survey, which gathered input from a diverse group of stakeholders including arbitrators, legal practitioners, in-house counsel, and academics, provides valuable insights into the evolving arbitration landscape in the region. It addresses key topics such as the selection of arbitral institutions, dispute resolution methods, and obstacles encountered in arbitration proceedings. The report comes at a crucial juncture, as the MENA region experiences significant growth and transformation in its arbitration framework, marked by legislative reforms, modernisation of rules, and the emergence of prominent arbitration centres.
PRACTICE NOTES
CASE HUB ARCHIVED–this archived case hub reflects the position at the date of the decision of 5 June 2014; it is no longer maintained. See further, timeline and relevant/related cases. Case facts Outline European Commission merger investigation into the planned acquisition by Holcim of Cemex West (Case M.7009).The parties are two of the key suppliers of cement, ready-mix concrete, aggregates and cementitious materials in Western Germany, Belgium and areas of France and the Netherlands. Germany had made an Article 9 referral request, but this was rejected by the Commission. Latest developments The Commission unconditionally cleared the transaction on 5 June 2014. An Article 9 referral request was received from Germany, however this was rejected by the Commission on 6 January 2014 on the grounds that the market impacted by the transaction was not purely national in scope, but covered a number of different Member States.The case was referred for a phase II investigation on 22 October 2013. The phase II investigation was suspended by the Commission from 12 November to 2 December 2013 and again from 19 December
GLOSSARY
A contractual allocation of risk covering certain circumstances but not an indemnity clause proper.
GLOSSARY
A creditor or bondholder refusing to agree to the course of action supported by the majority.
GLOSSARY
A creditor or bondholder refusing to agree to the course of action supported by the majority.
GLOSSARY
In an acquisition finance transaction the special purpose vehicle (SPV) in the group structure that acts as holding company of the acquisition vehicle; holdco may be owned directly by the investors or it may be owned by another SPV (Topco). It may issue subordinated loan capital, PIK or high yield debt.