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GLOSSARY
A local authority committee or sub-committee satisfying specified conditions and established to discharge executive functions concerning part of the area of the authority (see section 9E Local Government Act 2000 and the Local Authorities (Arrangements for the Discharge of Functions) (England) Regulations 2012 (SI 2012/1019)). In relation to Wales see the Local Government Act 2000 s 18 and the Local Authorities (Executive Arrangements) (Discharge of Functions) (Wales) Regulations 2001, SI 2002/802.
GLOSSARY
An agreement which a franchisor and an operator enter into where the operator is required to operate franchise outlets itself within a designated area and may not sub-franchise to third parties.
GLOSSARY
Area of Freedom, Security and Justice (AFSJ) is a set of European Union policies concerning matters of justice, security and freedom of persons within the Union.
NEWS
Private Client analysis: PSG Trust Corporation Ltd v CK addresses a common scenario encountered by a property and affairs deputy appointed for P, who has received a substantial personal injury settlement or award. Invariably, the Deputy will be concerned by the risks of P knowing about the value of the settlement. Often, these include the risks of P revealing the value to third parties and financial and emotional exploitation. On the other hand, the Deputy will be keen to ensure P’s right to autonomy is maintained. In the two linked cases of Re CK and Re NJ, Mr Justice Hayden tackles this important question: How should a property and affairs deputy approach the issue of whether to inform P of the value of their civil settlement or civil court award? In this case, in which I acted successfully for PSG Trust Corporation Ltd (‘PSG’), Hayden J provides invaluable guidance on the correct approach. Written by Fay Collinson, barrister and mediator at Kings Chambers.
PRACTICE NOTES
STOP PRESS: A revised version of the National Planning Policy Framework was published on 17 August 2026. This content is being reviewed in light of the revised version. What are AONBs/National Landscapes? Areas of outstanding natural beauty (AONBs)/National Landscapes are areas of countryside in England and Wales outside national parks which are designated in recognition of their significant landscape value. The primary purpose of AONB/National Landscape designation is 'to conserve and enhance the natural beauty of the landscape'. Two secondary aims complement this purpose: • to meet the need for quiet enjoyment of the countryside • to have regard for the interests of those who live and work there On 22 November 2023, all designated AONBs in England and Wales were rebranded as ‘National Landscapes’, which is reflected in the National Planning Policy Framework (NPPF), although they are still referred to as AONBs in legislation. Responsible authorities Natural England, Natural Resources Wales, Department of the Environment, Food and Rural Affairs (Defra), the Welsh Ministers and local planning authorities (LPAs) all play
PRACTICE NOTES
1. What is the applicable legislation? Law No. 21,382, as amended (the Law), is the principal legislation governing foreign investment in Argentina. Its most important provision establishes the principle that foreign investors enjoy the same legal status and rights as resident investors. Other laws and regulations may also impact foreign investment, including bilateral investment treaties protecting the investments of nationals of specific countries, regulations governing corporations doing business in Argentina, and, more recently, foreign exchange regulations. Prior government approval is not required to establish a new venture or to acquire an existing one, except for certain specific activities mentioned below and those subject to merger control regulations. 2. Which government or other body (or bodies) reviews foreign investments? The Ministry of Economy is responsible for overseeing the implementation of the Law. Depending on the industry, certain regulatory agencies may also be responsible for supervising foreign investment activities. 3. What is the scope of the foreign investment regime? Does it only apply to specific sectors or types of investors (eg foreign or non-EU / non-WTO)?
PRACTICE NOTES
This table summarises all completed investigations by Argentina’s competition authority (the National Commission for the Defence of Competition—NCDC) investigations into alleged cartels, anti-competitive agreements and abuses of dominant positions since 2018. Note—only investigations that have been made public are included in this table. 2024 Investigations under Section 3 of Law No. 27,442 The NCDC did not issue any decisions under section 3 in 2024 Investigations under Section 5 of Law No. 27,442 Case name, companies under investigation and industry Issues Developments Private anesthesiology contracting• Austral Association of Anesthesia, Analgesia Concerned Austral Association of Anesthesia, Analgesia and Resuscitation abused its dominant position engaging in exclusionary practices • Infringement decision issued—15/11/2024; fines totalling AR 73m imposed 2023 Investigations under Section 3 of Law No. 27,442 Case name, companies under investigation and industry Issues Developments Public tenders• 52 undertakings (listed here) Restrictive agreements—bid
PRACTICE NOTES
A conversation with Esteban Rópolo, Partner at Argentine law firm Baker & McKenzie Sociedad Civil, on key issues on merger control in Argentina. NOTE—to see whether notification thresholds in Argentina and throughout the world are met, see Where to Notify. 1. Have there been any recent developments regarding the Argentine merger control regime and are any updates/developments expected in the coming year? Are there any other 'hot' merger control issues in Argentina? The Defence of Competition Law No. 27,442 (the Law) enacted on 22 May 2018, sets up a new merger control regime in Argentina. Under the Law, a new National Competition Authority (Authority) is envisaged, as a decentralised and self-governing body within the national executive branch, will be the competent authority for competition matters. The new Authority will include by the Antitrust Court, the Secretariat of Anti-competitive Behaviours, and the Economic Concentrations Secretariat. Once their members are appointed, these authorities will replace the current functions of the National Commission for the Defence of Competition (Commission) and of the Secretary of Commerce. Therefore, when we make reference to the
NEWS
Restructuring & Insolvency analysis: In Argo Blockchain, Mr Justice Hildyard granted leave to convene meetings of creditors to consider a restructuring plan under Part 26A of the Companies Act 2006. The hearing was held on short notice, giving the court and affected parties limited time to consider the relevant issues. The case demonstrates the filtering through of points typically taken on sanction, to the first stage of the court process, as is anticipated by the 2025 Practice Direction. Written by Samuel Parsons, barrister at Erskine Chambers.
NEWS
Corporate Crime analysis: This case concerned an appeal against conviction for gross negligence manslaughter. Mr Rebelo had supplied a chemical, Dinitrophenol (DNP) as a weight loss food supplement. A 21-year-old student, who had certain mental health issues ingested eight capsules purchased from Mr Rebelo. She subsequently died. Mr Rebelo was convicted in 2020, an earlier conviction having been quashed by the Court of Appeal on the basis that the jury had been incorrectly directed as to causation. In this appeal, it was argued that the direction in the retrial did not accord with the earlier decision of the Court of Appeal. Mr Rebelo also renewed his application to appeal the trial judge’s refusal to adjourn the hearing for additional expert evidence. The Court of Appeal (Criminal Division) refused the appeal and did not give leave in respect of the refusal of the adjournment. This case gives important guidance on the test of causation and the significance of mental health issues that may affect the victim’s decision-making. Written by Claire Andrews, barrister at Gough Square Chambers.
GLOSSARY
The taxation of income and capital gains as and when they arise. See also ‘remittance basis’ below.
GLOSSARY
The result found by adding a group of values together and dividing by the number of values in the group. Also known as mean.