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NEWS
The Energy Charter Secretariat has announced that Iceland has submitted written notification of its decision to withdraw from the Energy Charter Treaty (ECT). Under Article 47 of the ECT, the withdrawal will take effect one year after receipt of the notification by the Secretariat. Accordingly, Iceland’s withdrawal will take effect on 17 March 2027.
GLOSSARY
anyone who can be identified directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
GLOSSARY
A concept in defamation cases which obliges the claimant to prove that a defamatory statement refers to him, either explicitly or implicitly.
NEWS
Restructuring & Insolvency analysis: The European Court of Justice provided helpful clarity on the test to be applied when ascertaining an individual’s centre of main interests (‘COMI’) for the purpose of opening insolvency proceedings under Article 3(1) of Regulation (EU) 2015/848 of the European Parliament and of the Council of 20 May 2015 on insolvency proceedings (the EU Recast Regulation on Insolvency). Here, the court held that the COMI for individuals ‘exercising independent business or professional activity’ is in the principal place of business for that individual, regardless of whether the business has an establishment (ie any human means or assets) in that jurisdiction. Written by Matthew Padian, partner, and Lucy Trott, senior associate, at Stevens & Bolton LLP.
FLOWCHARTS
Purpose of the contract of insurance–flowchart The purpose of this flowchart is to assist in identifying whether particular
NEWS
In Pike v Somerset County Council, the Court of Appeal held that indirect discrimination cannot be shown by bringing into the equation people who have no interest in the advantage or disadvantage in question. The essence is that to test whether there is discrimination it is appropriate to use a pool that suitably tests the particular type of discrimination complained of.
PRACTICE NOTES
The rules applicable to advertising in the UK are found in both legislation and in self-regulatory industry codes of practice. A key principle is that advertising must be obviously identifiable as such. This Practice Note considers the rules set out in the UK Code of Non-broadcast Advertising and Direct & Promotional Marketing (CAP Code) and UK Code of Broadcast Advertising (BCAP Code) on identifying advertising and the various labels commonly used for this purpose. It provides an introduction to the self-regulatory regime and considers specific guidance on the application of the CAP Code rules in the context of: • advertisement features • native advertising • affiliate marketing • social media advertising • influencer advertising • podcasts and audio streaming • vlogs and live streaming • reviews, testimonials and endorsements • direct marketing It is important to keep in mind that there will be some cross-over between the specific guidance provided. For example, influencer advertising often consists of advertisement features and affiliate marketing carried out on social media. All guidance relevant to the specific scenario should therefore be considered. For
PRACTICE NOTES
Local authorities (LAs) have an obligation, in defined circumstances, to children and young persons with special educational needs, to ensure that these needs are met by providing special educational provision. As part of their duties, a local authority will specify the identified needs of a child in an Education Health and Care Plan (EHCP) and, in doing so, distinguish educational needs from health or social care needs. It is during the drafting of these documents that the local authority recognises the distinction between educational provision (designed to meet educational needs) and other provision to meet health and social care needs. This distinction is relevant because it will affect who is responsible for delivering the provision necessary to meet the need, as well as its enforceability. To an LA this will be relevant from a budgetary perspective and, to a parent or young person it is relevant from a delivery perspective. This Practice Note explains the process of identifying SEN provision
PRACTICE NOTES
This Practice Note provides guidance on how to identify and communicate bondholders in the context of a restructuring. For more information on the topic of debt securities generally, see Practice Notes: • Key features of the debt capital markets • Bonds and notes • Issuing debt securities—key documentation • Parties in an issue of debt securities For more information on restructuring involving debt securities, see Practice Notes: • Guide to representing bondholders in a restructuring • Liability management of bonds • Enforcement of debt securities Why keep in touch with bondholders? Historically, bond issuers have not engaged regularly with their bondholders and communication with them was limited primarily to instances where certain action was required from debt holders, usually in connection with a corporate action. Such interactions typically consisted of a notification published or distributed by the issuer, often through a bond trustee. The trustee is a financial institution with trust powers, such as a commercial bank or trust company that is given fiduciary powers by a bond issuer to represent bondholders’
PRACTICE NOTES
This Practice Note considers identifying contracts of insurance in English law. It considers what a contract of insurance is from the perspectives of UK legislation and the common law, and the regulatory implications of being a contract of insurance. The problem The problem of identifying exactly which commercial arrangements should properly be identified as ‘contracts of insurance’ in English law is not new. That is not least because successive lawmakers have sought to regulate insurance and insurers, in some form or other, since Elizabethan times. It is a testament to the remarkable pragmatism of the English legal tradition that to this day there is no fixed legal definition of a contract of insurance in English law, even though in 2023, the UK was estimated to have the third-largest insurance industry in the world, with total gross written premiums of £300Bn. The European interlude From the UK’s accession to the European Common Market in 1972 until ‘IP Completion Day’, at 11pm on 31 December 2020, the statutory
PRACTICE NOTES
This Practice Note is intended to help you: • identify the information and data that your firm holds and that your firm is responsible for (sometimes called your information assets) • determine the associated risks (the information risks) • consider how information risks can be mitigated or removed altogether The amount of time spent identifying and managing information and associated risks will vary from firm to firm and will depend on many factors such as the size of the firm and the degree to which it holds and processes information and data, including personal data. Identifying what information you hold, manage or are responsible for There are a number of management tools you can use to assist you in identifying what information you hold and are legally responsible for. One example of a management tool is an information audit. An information audit is a process through which you: • identify and consider all of the information you hold (or are responsible for), and • consider how and why the information is processed To undertake