An inquest is an inquisitorial, non-adversarial process in which there are no ‘parties’, rather there are individuals or organisations who might have a particular interest in the inquest and are notified about the investigation and are permitted to play a role. They are formally called ‘properly interested persons’ or interested persons (IPs) for short. The purpose of an inquest is to answer four statutory questions: who died, when, where and how they died. It is the ‘how’ question which in most inquests is the most contentious. This Practice Note identifies some of the major issues which can arise while preparing for an inquest. Helpful guidance to the approach to inquests is to be found in the Chief Coroner’s Guidance for Coroners on the Bench (the Bench Guidance). The Bench Guidance is intended to be a ‘live’ document which will be regularly reviewed. It is stated to be a resource for coroners to help them locate key principles, practical information and precedents when dealing with inquests. It is not legally binding and

Law360: Parties can prepare for the coming storm of investor-state disputes arising from government measures to fight coronavirus (COVID-19) by reviewing international investment agreements for potential claims and the International Law Commission’s draft articles for state responsibility, say Ian Meredith, Matthew Weldon and Robert Houston, lawyers at K&L Gates.

In financing transactions, conditions precedent (known as CPs) are the specific conditions that need to be fulfilled for funding to occur under a facility agreement. They are not necessarily conditions to the facility agreement coming into effect, but typically conditions to lending (although some facility agreements will also contain conditions precedent to signing of the facility agreement (the Loan Market Association leveraged facility being an example)). CPs can also be used in finance documents as conditions to the effectiveness of amendments/waivers or an accession. There are two types of conditions precedent: • factual conditions precedent, and • documentary conditions precedent The factual conditions precedent are usually found within the body of the facility agreement in the clause dealing with conditions to utilisation. The borrower's lawyers should check with the borrower that the factual conditions precedent will be satisfied immediately prior to drawdown. These sorts of conditions will often be related to the representations and warranties given by the obligors. For more information, see Practice Note: Representations and

Summary A secured creditor has a variety of remedies available to it to realise value from its security. However, it is prudent for any secured creditor to check a number of issues before exercising those rights. Inevitably, a secured creditor will be motivated by a desire to maximise the chances that it will be repaid in full. It will want to ensure that enforcement of security is the best way to achieve that objective. If a decision to enforce security is made, the security holder will need to assess which method of enforcement will provide the most effective and efficient means of achieving the overall objective. This Practice Note outlines the major issues which a secured creditor will need to consider before a decision is taken to enforce its security. The issues covered in this note are: • is there a viable alternative to taking enforcement action, eg a consensual restructuring of the debt or voluntary programme of disposals to reduce the debt? • is the security valid in all respects and comprehensive

An organisation cannot process personal data simply because it wishes to do so. It can only process personal data if it satisfies one of the conditions set out in Article 6(1) of Assimilated Regulation (EU) 2016/679, United Kingdom General Data Protection Regulation (UK GDPR). These are commonly known as the ‘lawful grounds’, ‘legitimate grounds’ or ‘conditions’ for processing. If your organisation processes personal data in the absence of a lawful ground, it will breach the UK GDPR. Failing to comply with the UK GDPR can expose an organisation to serious reputational damage, claims by aggrieved data subjects and fines up to £17.5m or up to 4% of the total worldwide annual turnover. The lawful grounds for processing personal data under UK GDPR Under the UK GDPR, there are seven potentially lawful grounds for processing personal data: • the data subject has given consent to the processing of their personal data for one or more specific purposes—see below: Consent • processing is necessary for the performance of a contract to which the data subject is a

This Practice Note looks at how to prosecute a company and other business entities, including partnerships. The Note sets out factors for and against proceeding with a prosecution, as well as important steps to consider before commencing a prosecution. It also explains how a company is represented at court, the trial process and what types of sentences can be imposed upon different types of businesses following conviction. What factors influence the decision to prosecute a company When deciding whether or not to prosecute a company, the Joint Serious Fraud Office (SFO) and Crown Prosecution Service (CPS) Guidance on Corporate Prosecutions should be read in conjunction with the Code for Crown Prosecutors. The Joint SFO-CPS Guidance on Corporate Prosecutions stipulates the following public interest factors that would support a prosecution: • history of similar conduct (including prior criminal, civil and regulatory enforcement actions against it); failing to prosecute in circumstances where there have been repeated and flagrant breaches of the law may not be a proportionate response and may not provide adequate deterrent effects

This Practice Note considers the main ways in which parties who wish to do so can protect confidential information being revealed either during the pursuit or defence of a civil claim or by starting a new claim. Defining confidential information Information considered as confidential to the person who is in control of it (and perhaps by others mentioned either by name or by reference) would include personal data as well as: • data about another person, even if obtained legitimately and with the consent of the subject of the data • data in a family member’s control (such as a parent in control of a child’s data) • data in the control of a legally appointed representative such as a trustee being in control of a beneficiary’s data • trade secrets • material given or sent in confidence to a third party, including legal professionals, and sometimes disclosed under a contractual restriction against any further disclosure to others • passwords relating to password-protected email accounts Understanding whether information is confidential

Law360: The advent of new technologies often brings opportunities and risks to the practice of law. The introduction of new generative artificial intelligence tools is no exception.

IP rights need to be defended and protected to retain their value. This Practice Note explains how to protect your IP. It discusses what IP and IP rights are before looking at the difference between registered and unregistered IP rights. It then summarises the application/registration procedures or subsistence/qualification requirements for various IP rights, setting out some key practical points to take into consideration when seeking to protect each of these rights. It also discusses the importance of and mechanisms for maintaining IP rights and avoiding infringement of third-party rights. For information about the law and practice in relation to enforcing IP rights, see Practice Note: How to enforce your IP rights. What is IP? IP is defined by the World Intellectual Property Organization (WIPO) as ‘creations of the mind, such as inventions; literary and artistic works; designs; and symbols, names and images used in commerce’. How is IP protected? IP is protected in law by IP rights. IP rights enable businesses to earn recognition and financial benefit from the IP they create. It is therefore essential

How to use this checklist This Checklist sets out the points to be considered when seeking to protect your IP in the UK. It is split into three separate checklists—the first addresses general points to bear in mind relevant to all IP rights, the second outlines the steps to take when protecting registrable rights (ie patents, trade marks and registered designs), and the third deals with protecting IP rights that cannot be registered (ie copyright, unregistered design rights, unregistered trade marks, sui generis database rights, and trade secrets and confidential information). The Checklist gives practical guidance on assessing whether your asset is capable of being protected with a particular IP right, requirements when filing applications to register a right, notifying others of your right, and maintaining protection for the entire term for which protection is available in relation to individual rights. It is intended to be used alongside Practice Note: How to protect your IP. To determine which IP rights can be used to protect your asset, see Practice Note: IP right comparison table. Checklist

Once a property and financial affairs or health and welfare lasting power of attorney (LPA) has been registered by the Office of the Public Guardian (OPG), the OPG will write to the donor and the attorney(s), confirming that the LPA has been registered. When the attorney wants to use the LPA to act on the donor’s behalf, they will need to prove their authority to act to the relevant person or organisation. They may do this by either showing the original or a certified copy of the registered LPA or by using the government’s online service ‘Use a lasting power of attorney’. Both of these options are explained further below. Online ‘use an LPA’ service This OPG service provides persons or organisations with access to an online summary of the LPA and allows the attorney(s) and/or the donor to keep track of who has been given access. This service can only be used for LPAs registered on or after 1 January 2016 and for LPAs registered in

This Practice Note provides practical guidance on how confidential information may be provided in a non-confidential format for purposes of trade remedy investigations. It addressed redaction, deletion, indexing, ranging as well as instances where it is not possible to provide a non-confidential summary of confidential information. Introduction When applicants and interested parties participate in an anti-dumping investigation, they are required to submit information. Such information is typically supplied when the applicant completed the application form or when interested parties respond to the investigating authorities questionnaire. However, it could be that the applicant and/or interested parties need to submit information throughout the duration of the investigation. For guidance on the stages of the investigation, see Practice Note: Stages in an anti-dumping investigation. When the applicant and interested parties submit information to the investigating authority, some of the information may in fact be confidential. For guidance on what information is deemed to be confidential, see Practice Note: Evidence in anti-dumping investigations. However, parties are required to submit non-confidential versions of any submitted confidential