The Interoperable Europe Act has entered into force on 11 April 2024 following its publication in the Official Journal of the European Union. The Act aims to facilitate cross-border data exchanges and accelerate the digital transformation of the public sector and applies to public bodies including EU institutions and bodies. Most provisions will apply by 11 July 2024 with the exception of European institutions, bodies and agencies, and public sector bodies who will run interoperability assessments as of January 2025, and Member States have until January 2025 to designate national competent authorities.

Private Client analysis: This analysis examines the High Court’s approval of trustees’ proposed exercise of a power of advancement to address uncertainty over whether a child born through surrogacy fell within the beneficiary class of historic family trusts. HHJ Matthews held that ’benefit’ should be construed broadly, encompassing moral and familial considerations as well as financial advantage, and rejected arguments that the proposal amounted to an improper purpose or fraud on the power. The decision highlights the flexibility of trustees’ powers when confronting outdated trust definitions and modern family structures, while underscoring the need for trustees and advisers to review trust instruments in light of developments in fertility arrangements and succession planning. Produced in partnership with Hermione Wiliams, barrister of New Square Chambers.

Interpol have reported that organised crime groups are increasingly using artificial intelligence (AI), large language models and cryptocurrencies, with phishing and ransomware to carry out sophisticated and professional fraud campaigns, at a low cost and without the need for advanced technical skills. This was highlighted following a new Interpol assessment on global financial fraud, with the report to be launched the Secretary General at the Financial Fraud Summit organised by the UK. The other key findings of the report state: that the most prevalent global trends are investment fraud, advance payment fraud, romance fraud and business email compromise; that financial fraud is most often carried out by a network of co-offenders, varying from highly structured to loosely affiliated; and, there is an urgent need to strengthen data collection and analysis in order to develop more informed and effective counter strategies. The report has also made recommendations, including the need to build multi-stakeholder, public-private partnerships to trace and recover funds lost to financial fraud.

Interpol's Secretary General, Jürgen Stock, has called for more specialist units and greater global cohesion to help investigate online child abuse. Currently 68 countries are connected to Interpol’s International Child Sexual Exploitation (ICSE) database, that can be used by investigators globally to make connections between victims, abusers, and locations from across all regions. However, many countries still do not have specialized units dedicated to this type of crime. This, along with significant under-reporting of online child sexual exploitation and improper legislation has prevented the effective combatting of online child abuse. The Secretary General has thus urged for greater participation in connecting to the ISCE database to prevent this, help make more victim identifications and avoid duplication of efforts.

There are many occasions on which a corporate lawyer might need to understand a set of accounts of a business. ‘Accounts’ is a broad term and can include both internal accounts, often called management accounts, as well as statutory accounts, which are those required by company law. This Practice Note sets out to demystify some of the important elements that can be found within the accounts and equip you to be able to ask sensible questions, highlight areas of concern or good performance and ultimately feel more comfortable with the information provided. While most corporate entities in the UK are companies, some, especially accountants and lawyers, have limited liability partnerships (LLPs) as their corporate structure. The accounting requirements for LLPs are broadly the same as for companies, but the tax treatment is different in that the LLP itself is not liable for tax on its profits, as it is the partners (called ‘members’) that must take responsibility for the tax. For further information, see Practice Note: Taxation of UK LLPs. Formal requirements for accounts exist for all companies

THIS PRACTICE NOTE APPLIES TO OCCUPATIONAL PENSION SCHEMES An amendment to an occupational pension scheme made using the amendment power written into the scheme's trust deed and/or rules will only be valid if it comes within the scope of that power and complies with relevant overriding legislation (including section 67 of the Pensions Act 1995 (PA 1995)). This Practice Note focuses on the restrictions under a scheme's power of amendment which may impact upon the ability of trustees and sponsoring employers to make changes to the scheme's trust deed and/or rules. For further information on the statutory restrictions on amendments to occupational pension schemes, please see Practice Note: Statutory restrictions on amendment—the section 67 regime. The basis—how can the amendment be made? The power of amendment will set out the formalities which will need to be followed in order for an amendment to be validly made to the scheme's trust deed and/or rules. Formalities should therefore be viewed as akin to restrictions on the scheme's power of amendment. Failure

Private Client analysis: The decision in Stingray Trust is the latest in a line of recent case law considering the effect of the Cayman firewall provisions in the Cayman Islands Trusts Act (2021 Revision) (the Act). The Grand court of the Cayman Islands (the Cayman court) determined that section 90 of the Act does not confer exclusive jurisdiction on the Cayman Islands courts to determine issues of validity arising under trusts governed by Cayman Islands law. Accordingly, in a case for the determination of the validity issue, section 90 of the Act does not abrogate the English common law principles of forum non conveniens on the question of whether a foreign court, applying Cayman Islands law to the validity issue, is a more convenient forum for determining the issue than the Cayman Islands courts. Written by Hector Robinson QC (partner, Cayman Islands) and Jessica Vickers (senior associate, Cayman Islands) of Mourant Ozannes, who appeared for the trustee of the Stingray Trust in the proceedings.

Property analysis: The court considers the meaning of ‘agricultural land only’ and ‘ancillary use’ in the context of a nursery business in a restrictive covenant and in a right of way contained in conveyances. The court held that the phrases should be construed in light of the conveyances and the factual background at the time of grant and how they would be understood by a reasonable person informed of those circumstances at that time. Where the words used are unclear or ambiguous then extrinsic evidence may be taken into account, but not where the words are clear. The court concluded that (i) the nursery business did not breach the ‘agricultural land only’ restriction, (ii) various expanded activities of the nursery incidental and ancillary to agriculture did not fall foul of the user restriction, and (iii) although unrelated, activities peripheral to and carried on in a minimal way would also not fall foul of the restriction. The tea-room on site was of a different character and purpose and so not ancillary. As well as being an example of the court’s approach to interpretation of documents, this case also provides a useful illustration of the court’s approach to documentary, witness evidence and expert evidence in undertaking such interpretation. Written by Caroline DeLaney, head of Real Estate Disputes, at Rosenblatt Solicitors.

Arbitration analysis: In this case, the Court of Appeal considered an appeal concerning the interpretation of an arbitral award under English law, focusing on the distinction between the dispositive and non-dispositive sections of the award. The court ultimately held that the final dispositive section contained the tribunal’s operative orders, even though language appearing earlier in the award may have suggested otherwise. The court emphasised that while form and structure are not determinative, they are significant aids to interpretation. The judgment clarifies how courts should approach arbitral awards that include a formal dispositive section, particularly where disputes arise regarding the enforceability of statements made elsewhere in the award. It reaffirms the principle that the dispositive section generally reflects the tribunal’s final and binding orders, akin to the orders giving effect to court judgments. The decision also reinforces the commercial approach courts take in interpreting arbitral awards, prioritising the tribunal’s intention and avoiding undue focus on form over substance. Written by Oliver Browne, partner, at Paul Hastings (Europe) LLP.

Banking & Finance analysis: The court was tasked with interpreting the language of various Deeds of Indemnities in the context of complex financial transactions. In doing so the court construed the Deeds and other securitisation documents in accordance with the principles contained in Rainy Sky v Kookmin Bank and Wood v Capita Insurance Services Ltd. This involved the court considering the language used, the relevant surrounding circumstances and the commercial consequences of rival constructions. The court also had to consider the principle of co-extensiveness, which applies to contracts of guarantee and not contracts of indemnity, and distinctions between the accrual of debts and payment obligations in the context of Master Agreements. The court found in favour of the claimants, dismissing the defendants’ arguments, and finding that sums in the region of €155m were due from the defendants to the claimants. Written by Dale Timson, barrister at Enterprise Chambers.

Dental notes A common difficulty for lawyers dealing with dental negligence claims is the nomenclature in the notes. The format of notes has changed over the years and continues to evolve. Paper records Until approximately the year 2000, very few practices had computerised records. The vast majority wrote clinical records on NHS-derived standardised buff cards (the FP25). Predictably, handwriting was poor and the clinical terminology made things even more difficult to decipher. The buff colour of the notes makes photocopying difficult. If the notes are hard to read, practitioners should return to practices to ask for better copies, copied on a colour copying machine if necessary. Missing cards were common in practice and there often existed a duplicate set of notes. Many practices recorded the card number at the top of the FP25 and continuity should be checked. Occasionally, it is simply not possible for either solicitor or expert to be able to determine what the notes say. In those circumstances, it is appropriate for a claimant solicitor to request clarification from

Law360, Expert analysis: The Financial Ombudsman Service (FOS) published its yearly complaint data in November 2024, revealing that complaints regarding fraud, scams, current accounts and credit cards between July 2024 and September 2024 hit record levels, rising more than 50% compared to the same period in 2023. The data provides a breakdown of the areas where complaints appear to have increased the most. Written by David Allison, partner, and Damien O’Malley, associate, at Reynolds Porter Charmberlain LLP.