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PRACTICE NOTES
This Practice Note provides practical guidance on how the normal value is determined in anti-dumping investigations. As such, it provides practical guidance on the three bases that are used to determine the normal value, namely the domestic price, the export price to third countries and the constructed normal value. Introduction The World Trade Organization’s (WTO) Agreement on the Implementation of Article VI of the General Agreement on Tariffs and Trade 1994 (the Anti-dumping Agreement) states that a product is dumped if the export price is less than the normal value. Thus, in the ordinary course of trade, the export price must be less than the normal value. It is therefore of vital importance that both the normal value and the export price of the specific product (referred to as the like product) are determined in order to evaluate if dumping in fact occurred. Usually, investigation authorities first determine the normal value of the like product. Indeed, Article 2 of the Anti-dumping Agreement also firstly deals with the determination of the normal value before it deals
PRACTICE NOTES
This Practice Note explains how to develop and implement a strategy to reduce absence in your firm. See further Precedent: Example Absence Management Strategy—law firms. What is an absence management strategy? An absence management strategy is a systematic approach to the management of absence through the implementation of specific initiatives and interventions to reduce absence and the negative impact it has on the business of the firm. The purpose of an absence management strategy High rates of absence have a detrimental impact on the business of a firm and its workforce as a whole. The purpose of an absence management strategy is to reduce the rate of absence in the workplace to an acceptable level that supports and does not impede the firm in achieving its aims and objectives. The benefits of an absence management strategy These include: • reduced costs associated with absence, including contractual sickness payments, statutory sickness payments and in some cases the cost of temporary replacement of the worker • improved service
PRACTICE NOTES
This Practice Note examines the techniques that will enable you to present with confidence and authority, build trust with your audience and deliver a message that is memorable for all the right reasons. It applies to presenting in person and online and complements Practice Notes: Presenting with confidence—in person and Presenting with confidence—virtually. Why presenting with confidence is important A self-assured presenter will gain the confidence of the audience, which will radiate back, boosting the confidence of the presenter further. Stand-up comedians usually hit the audience with a few quickfire jokes as soon as they come on stage, as a way of saying ‘trust me, I know what I’m doing, and I can make you laugh’. The opening few minutes of your presentation set the tone for the whole session, so you need to exude confidence from the start. Adopting a clear and confident voice will enable you to: • build confidence—a confident tone will reassure your audience of your expertise • ensure clarity • demonstrate professionalism—the language
NEWS
Crime analysis: The difference between civil and criminal contempt of court is considered by Ben Douglas-Jones, a specialist fraud, criminal and regulatory barrister at 5 Paper Buildings, in the light of a recent Supreme Court judgment.
PRACTICE NOTES
This short guide provides practical information on how to disclose inside information under Assimilated Regulation (EU) No 596/2014 on market abuse (the UK Market Abuse Regulation). For a comprehensive review of the regime relating to the disclosure and control of inside information, see Practice Note: Continuing obligations—disclosure and control of 'inside information'. The legal requirement to disclose inside information The following companies are subject to the provisions on the disclosure and control of inside information in the UK Market Abuse Regulation: • a company with securities admitted to trading on a UK regulated market, which includes the London Stock Exchange’s Main Market and the AQSE Main Market • a company with securities admitted to trading on a UK multilateral trading facility, which includes AIM and the AQSE Growth Market, and • a company which has requested admission of securities to trading on such markets In addition, the UK Listing Rules require a company listed in the equity shares (commercial companies) category that is not already required to comply with the obligations on the disclosure of inside
PRACTICE NOTES
This Practice Note contains practical guidance on how to draft publicly available statements for regulated search services that are compliant with the Online Safety Act 2023 (OSA 2023). OSA 2023 sets out the UK regulatory framework for the regulation of certain internet services. It imposes a number of duties of care on providers within scope which, for example, require them to take certain steps to prevent the use of their services for criminal activity. Broadly, the requirements of OSA 2023 apply to: • user-to-user services (eg social media sites which enable user-generated content to be shared with other users) • search services (eg search engines), and • services that display or publish ‘regulated provider pornographic content’ For further information on OSA 2023, see Practice Note: The Online Safety Act 2023. Search services and publicly available statements This Practice Note focuses on certain requirements applicable to search services in relation to their ‘publicly available statements’. The full definition of a search service is set out in OSA 2023, s 3(4) as an internet service
PRACTICE NOTES
This Practice Note contains practical guidance on how to draft terms of service that are compliant with the Online Safety Act 2023 (OSA 2023). OSA 2023 sets out the UK regulatory framework for the regulation of certain internet services. It sets out a number of duties on care on those providers within scope which, for example, require them to take certain steps to prevent the use of their services for criminal activity. Broadly, the requirements of OSA 2023 apply to: • ‘user-to-user services’ (eg social media sites which enable user-generated content to be shared with other users) • ‘search services’ (eg search engines), and • websites which contain ‘regulated provider pornographic content’ For further information, see Practice Note: The Online Safety Act 2023. User-to-user services This Practice Note focuses on certain requirements applicable to user-to-user services in relation to their ‘terms of service’. The full definition of a ‘user-to-user’ service is set out in OSA 2023, s 3, being ‘an internet service by means of which content that
PRACTICE NOTES
This Practice Note is a ‘how to’ guide on preparing contracts to cover unforeseen events which signposts relevant content. It includes links to potentially relevant issues, including clauses dealing with force majeure, and other commercial and practical considerations. Where an unforeseen event has made a contract impossible to perform, or the obligations under a contract have been transformed into something radically different, it may be frustrated, thereby bringing the contract to an end and releasing both parties from any further performance obligations. However, the common law doctrine of frustration has a very narrow application. For more information, see Practice Note: Discharge by frustration. Parties will commonly agree contractual terms to cover the possibility of unforeseen events. For further guidance with links to more detailed content, see Practice Note: Drafting for unforeseen events—commercial contracts. See also: Contract risk management clauses—checklist for key clauses for managing contract risks, generally. Clauses to consider Force majeure Typically, the most obvious contractual provision when drafting to cover unforeseen events is a force majeure clause. There is no legal
PRACTICE NOTES
This Practice Note provides detailed guidance for criminal practitioners on how to draft a defence case statement (DCS) in criminal proceedings in England and Wales. It focuses on statutory requirements under the Criminal Procedure and Investigations Act 1996 (CPIA 1996), associated case law, and practical drafting considerations. A DCS is a critical procedural and strategic document. It serves both to comply with statutory obligations and to shape the scope of prosecution disclosure. Properly deployed, it is a key tool in advancing the defence case and ensuring a fair trial. For information on when a DCS is required and when it should be served, see Practice Notes: Disclosure in the magistrates’ court and Defence disclosure in criminal proceedings—defence statements and defence witness notices. Purpose of a DCS A DCS is a formal document served by the defence in criminal proceedings, primarily governed by CPIA 1996 and the Criminal Procedure Rules 2025, SI 2025/909 (CrimPR 2025). A DCS may be used in summary proceedings but must be served in Crown Court proceedings
PRACTICE NOTES
This Practice Note is a ‘how to’ guide providing practical guidance on how to draft and issue a refusal notice in response to a Freedom of Information Act 2000 (FIA 2000) request, including confirming whether information is held, considering the requester’s preferred format and applying any relevant exemptions. Both FIA 2000 and the Environmental Information Regulations 2004 (EIR 2004), SI 2004/3391 provide a right of access to recorded information held by public authorities. This guide focuses on FIA 2000. For further reading on EIR 2004, see: Environmental information—overview. This guide does not cover the various grounds for refusing an FOI request or withholding information. For details, see Practice Notes: Absolute exemptions to a freedom of information request and Qualified exemptions to a freedom of information request. Key legislation and guidance This guide should be read in conjunction with the following legislation, code of practice and guidance from the Information Commission (ICO): • FIA 2000 • Cabinet Office—Freedom of Information Code of Practice • ICO—Guidance: Recognising a request made under
PRACTICE NOTES
What is a letter of claim? A letter of claim puts an alleged infringer on notice that court proceedings may be brought against them. A letter of claim is sometimes referred to as a ‘letter before action’ or a ‘cease and desist letter’. This Practice Note explains how to draft a letter of claim in an IP dispute. It sets out the special considerations that apply to IP disputes and, in particular, the strategic issues that should be taken into account to reduce the risk of a claim for unjustified threats. It summarises the key contents of a letter of claim and sets out practical tips for drafting one. It also includes links to Precedent letters of claim for the core IP rights. Whether it is appropriate to write an initial informal letter or begin communication with a formal letter of claim depends on the situation. An informal letter means that the proprietor of the IP rights is not tied to issuing proceedings, but it may cause delay if it then has
CHECKLISTS
How to use this Checklist This Checklist sets out the points to be considered when drafting a letter of claim in an IP dispute. These include: identifying the client; assessing their standing to bring a claim; analysing the potential acts of infringement; considering the use of technology; assessing timing and urgency; dealing with pre-action conduct and unjustified threats; considering strategy for remedies and settlement; and looking at alternative and ancillary actions. It is intended to be used alongside Practice Note: How to draft a letter of claim in an IP dispute. For example letters of claim, see Precedents: • Letter of claim—patent infringement • Letter of claim—copyright infringement • Letter of claim—trade mark infringement • Letter of claim—passing off • Letter of claim—design right infringement Checklist schedule for proposed letter of claim Checklist Further information Notes (if any) Client and standing ☐ Legal basis for claim Who