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GLOSSARY
[means a class of organic chemical compounds predominantly consisting of hydrogen and carbon, which includes fossil fuels such as coal, crude oil and natural gas. OR means an organic compound consisting entirely of hydrogen and carbon, which includes crude oil and natural gas. OR means organic chemical compounds consisting of hydrogen and carbon, which are found in fossil fuels such as coal, crude oil and natural gas. OR means principally oil, gas and coal or other fuel source derived from an organic compound made up of hydrogen and carbon.]
PRACTICE NOTES
CASE HUB NOTE—appeals lodged before the CMA in Intas Pharmaceuticals Limited & Others v CMA (1414/1/12/21), Allergan plc v CMA (1407/1/12/21), Auden Mckenzie (Pharma) Limited & Another v CMA (1413/1/12/21), Cinven (Luxco 1) S.a.r.l (formerly Cinven (Luxco 1) S.A.) & Others v CMA (1412/1/12/21) and Advanz Pharma Corp v CMA (1411/1/12/21) ARCHIVED—this archived case hub reflects the position at the date of the decision of 15 July 2021; it is no longer maintained. See further, timeline, commentary and related cases. Case facts Outline CMA Chapter I and Chapter II investigation into alleged anti-competitive agreements and abuses of dominance incentivising delayed entry into the market and excessive and unfair prices for hydrocortisone tablets (50277) Latest developments On 15 July 2021, the CMA issued its infringement decision in which it found that: (i) Auden Mckenzie and Actavis UK abused their dominant position by charging excessive and unfair prices for hydrocortisone tablets, and (ii) Actavis UK, Concordia (now Advanz Pharma) and Waymade infringed the Chapter I provision by entering into pay-for-delay agreements. The CMA imposed fines totalling over £260m,
NEWS
Energy analysis: The race is on for net zero. With countries seeking to achieve varying degrees of decarbonisation of their energy industries by 2030 and 2050, many are looking to hydrogen (and in particular low carbon hydrogen) to play a significant role in the energy mix of the future. Tom Cummins and Matthew Harnett of Ashurst LLP draw on their experience of disputes elsewhere in the energy industry to highlight seven potential areas of dispute that could arise in relation to low carbon hydrogen projects as they are increasingly deployed. Originally published on the ICLG website.
PRACTICE NOTES
Brexit impact As of 31 January 2020 (exit day), the UK is no longer an EU Member State, but it has entered an implementation period during which it continues to be treated by the EU as a Member State for many purposes. 11 pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s withdrawal from the EU. At this point in time (referred to in UK law as ‘IP completion day’), key transitional arrangements came to an end and significant changes began to take effect across the UK’s legal regime. Any changes relevant to this content are referenced below. Upon IP completion day, the European Union (Withdrawal) Act 2018 (EU(W)A 2018) created a new category of domestic UK law—retained EU Law (REUL)—made up of EU-derived rights and legislation that were preserved in the UK following Brexit. On 29 June 2023, the Retained EU Law (Revocation and Reform) Act 2023 (REUL(RR)A 2023) gained Royal Assent. REUL(RR)A 2023 reforms the treatment of REUL by:  • revoking substantial amounts of REUL from 31 December 2023
CHECKLISTS
Under Food Safety and Hygiene (England) Regulations 2013 (FSH(E)R 2013), SI 2013/2996, reg 8, where an authorised officer of an enforcement authority is satisfied that the health risk condition is fulfilled with respect to any food business, that officer may serve a hygiene emergency prohibition notice on the relevant food business operator which imposes prohibitions on the operation of the food business. This Checklist summarises the issues which need to be considered when a hygiene emergency prohibition notice is served under FSH(E)R 2013, SI 2013/2996, reg 8: • is the officer an authorised officer for the purposes of serving a hygiene emergency prohibition notice and do they meet the competency requirements in Chapter 3 of the Food Law Code of Practice? ◦ an authorised officer is a person who is authorised by the enforcement authority to act in matters arising under FSH(E)R 2013, SI 2013/2996 ◦ Lead and Authorised officers must possess relevant baseline qualifications
PRACTICE NOTES
What are hygiene improvement notices? Hygiene improvement notices are used by enforcement authorities such as the Food Standards Agency (FSA) or a local authority to enforce the Food Safety and Hygiene (England) Regulations 2013 (FSH(E)R 2013), SI 2013/2996. The effect of a hygiene improvement notice is to require a 'food business operator' to take measures which are necessary to secure compliance with FSH(E)R 2013, SI 2013/2996. See Practice Note: Applying the Food Safety and Hygiene (England) Regulations 2013. Hygiene improvement notices should be distinguished from improvement notices issued under the Food Safety Act 1990 (FSA 1990). Improvement notices issued under FSA 1990 are used to enforce the regulations made under Part II of FSA 1990. Failure to comply with a hygiene improvement notice issued under FSH(E)R 2013, SI 2013/2996 is a criminal offence. Guidance on using hygiene improvement notices is provided by the Food Law Code of Practice issued by the FSA. The FSA in Wales has also issued a Food Law Code of
CHECKLISTS
This Checklist summarises the issues which should be considered when a hygiene improvement notice is served under the Food Safety and Hygiene (England) Regulations 2013 (FSH(E)R 2013), SI 2013/2996, reg 6. It should be read in conjunction with Practice Note: Hygiene improvement notices under reg 6 of the Food Safety and Hygiene (England) Regulations 2013. • Is the officer an authorised officer for the purposes of serving a hygiene improvement notice? ◦ an authorised officer is a person who is authorised by the enforcement authority in writing to act in matters arising under FSH(E)R 2013, SI 2013/2996 and Assimilated Regulation EC 178/2002 • Who is the food business operator? ◦ a food business operator is the natural or legal persons responsible for ensuring compliance with food law in the food business under their control • Does the officer have reasonable grounds for believing that there has been a failure
GLOSSARY
The programming language used to design and present computer sites on the Internet in a graphical user interface fashion. HTML is the language used by programmers to design a Home Page for computers on the Internet as part of the World Wide Web project.
GLOSSARY
A management controller which creates and manages multiple virtual machines and the physical computing resources (memory, storage processing etc) that are available to each virtual machine.
GLOSSARY
Hypothec has no equivalent in England. It is a landlord security right, and exists by operation of Scots law to provide a landlord with a security interest on any property of a tenant on the leased property as security for unpaid arrears of rent. So, unlike England where pre-administration rent arrears are classed as unsecured (as per Goldacre) a landlord is entitled to the proceeds of stock and goods of the tenant on site at administration to pay pre-appointment and post-appointment rent falling due, as well as to payment of rent as an expense of administration as it falls due, where the administration uses the leased premises.
GLOSSARY
To hypothecate is to create security over property as collateral for a debt or obligation while leaving possession (and often use) of the asset with the debtor. In modern UK and Irish practice, the concept appears most clearly in secured lending, capital markets and shipping, and is usually implemented through specific security instruments rather than a standalone “hypothecation” document.In England & Wales and Northern Ireland, the idea of hypothecation is reflected in charges, mortgages and security interests under common law and statute (for example, under the Companies Act regimes on company charges), rather than being separately defined. It is often used descriptively in financial documentation to refer to charging or pledging assets, including re‑hypothecation of securities collateral by intermediaries.In Scotland, “hypothec” has an older, more technical meaning in relation to certain statutory or common law security rights, but in contemporary practice secured transactions are more commonly structured as fixed or floating charges or standard securities.In Ireland, the term is similarly used in finance and securities law as a descriptive expression for granting security over assets without transfer of possession, aligning broadly with practice in England & Wales and Northern Ireland.
PRACTICE NOTES
CASE HUB NOTE—appeal lodged before the General Court in Case T- 156/22 ARCHIVED—this archived case hub reflects the position at the date of the decision of 13/01/2022; it is no longer maintained. See further, timeline and commentary. Case facts Outline European Commission merger investigation into the proposed acquisition by Hyundai Heavy Industries Holding of Daewoo Shipbuilding & Marine Engineering Co Ltd (Case M.9343). The transaction involves horizontal overlaps in various global markets for cargo shipbuilding. Latest developments On 13 January 2022, the Commission prohibited the transaction.The Commission concluded that the merger between HHI and DMSE would have created a dominant position by the new merged company and reduced competition in the worldwide market for the construction of large liquefied gas carriers. The parties did not formally offer remedies to address the Commission's concerns, meaning that the merger would have led to fewer suppliers and higher prices for large vessels transporting large liquefied gas. Parties • Hyundai Heavy Industries Holding (HHI): HHI is a privately held South Korean company that is