ARCHIVED: this archived Practice Note is not maintained and is for background information purposes only. Further, some of the links may not direct you to the provisions as at the date the guidance in this Practice Note was published. Key developments in DR in 2016—what you need to know 2016 has seen a number of considerable changes in practice for Dispute Resolution lawyers, some of them actual, some planned and others still a matter of consultation, rumour and conjecture. They range from changes to court guides and a new CPR 52 (both actual), further proposals for change to CPR 52 (likely to be consulted on in 2017) and recommendations for a shake-up of the civil courts such as the creation of an online court (seems likely though still a recommendation) and even a re-writing of the CPR. In this review of 2016, we consider: • changes to court guides—see below • changes to CPR 52—see below • the proposals for transforming the civil justice system, actual changes planned or enacted—see below • what next

ARCHIVED: This Practice Note is archived and is no longer maintained. This timeline tracks the key developments and items of news relating to central counterparties (CCPs). • CCPs—Key developments—2023 • CCPs—Key developments—2022 • CCPs—Key developments—2021 • CCPs—Key developments—2020 • CCPs—Key developments—2019 • CCPs—Key developments—2018 • CCPs—Key developments—2017 • CCPs—Key developments—2016 • CCPs—Key developments—2015 • CCPs—Key developments—2014 • CCPs—Key developments—2013 • CCPs—Key developments—2012 • CCPs—Key developments—2011 • Glossary of defined terms CCPs—Key developments—2023 Date Issuing body Document Description 8 December 2023 UK Legislation Central Counterparties (Equivalence) (United States of America) (Commodity Futures Trading Commission) Regulations 2023 SI 2023/1323: These Regulations are made in exercise of legislative powers under the European Parliament and of the Council of 4 July 2012 on OTC derivatives, central counterparties and trade repositories in connection with Brexit. They come into force on 28 December 2023. 6 December 2023 ECON Report on the proposal for a directive of the European Parliament and of the Council amending Directives 2009/65/EU, 2013/36/EU and (EU) 2019/2034 as regards the treatment of concentration risk towards central counterparties

ARCHIVED: This Practice Note is archived and is no longer maintained.  The LEI is a 20–character, alpha-numeric code developed by the International Organisation for Standardisation (ISO). Under Article 5 of Commission Delegated Regulation (EU) 2017/590, a MiFID II Level 2 measure, from 3 January 2018, firms executing transactions need to ensure that they have a valid LEI at all times and that they are identified with their LEI in transaction reports. For information on this requirement, see Practice Note: EU MIFID II & MIFIR—Transaction Reporting. The Global LEI System High Level Principles and FSB recommendations were published in 2012 and endorsed by the G20. This report proposed the establishment of a uniform global legal entity identification system (GLEIS), intended to contribute to and facilitate many financial stability objectives, including: • improved risk management in firms • better assessment of micro and macroprudential risks • facilitation of orderly resolution • containing market abuse • curbing financial fraud, and • enabling higher quality and accuracy

This timeline tracks the key developments and items of news relating to securities lending transactions and repos. For information on the Regulation on reporting and transparency of securities financing transactions (Regulation (EU) 2015/2365), see: Securities Financing Transactions Regulation (SFTR)—essentials. Glossary of defined terms ACI FMA—ACI Financial Markets Association ANNA—Association of National Numbering Agencies AFME—Association for Financial Markets in Europe AIFs—Alternative Investment Funds AIMA—Alternative Investment Management Association BCBS—Basel Committee in Banking Supervision Better Finance—European federation of Investors and Financial Services Users BIS—Bank for International Settlements BoE—Bank of England CSDR—Central Securities Depositories Regulation (EU) 909/2014 ECB—European Central Bank EU EMIR—Regulation (EU) 648/2012 ERCC—European Repo and Collateral Council ESMA—European Securities and Markets Authority FCA—Financial Conduct Authority FIA—Futures Industry Association FSB—Financial Stability Board GFMA—Global Financial Markets Association GLEIF—Global Legal Entity Identifier Foundation GMRA—Global Master Repurchase Agreement GMSLA—Global Master Securities Lending Agreement HMT—HM Treasury ICMA—International

This Practice Note highlights key differences between the law in Scotland and England from the perspective of an English lawyer practising in the area of Construction law. Terminology differences are not addressed in this Practice Note. Assignment/Assignation In England, there are two types of assignment, legal and equitable assignment. In Scotland, there is no concept of equitable assignment. The transfer of incorporeal property, such as rights arising under a contract, is known as assignation. It is a two-stage process. The first stage is an agreement to transfer the property which creates a personal right in the property. A personal right is one against another person for the performance of an obligation, in this case, the performance of transferring the property. The second stage is conveyance (the actual transfer of legal title), which creates a real right in the property when notice has been given to the other party of the assigned contract. In England, it is not possible to assign obligations under a contract without the consent of the party entitled to

When incorporating a limited company, consideration should be given as to whether the company should be public or private. The Companies Act 2006 (CA 2006) takes a 'think small first' approach and assumes that private companies are smaller than public companies. This means that the CA 2006 generally applies the basic, more simple requirements and procedures to private companies and imposes further additional requirements and procedures on public companies. The following table summarises some of the key differences in the requirements and procedures applying to private and public (unlisted) limited companies. Requirement/procedure Private company Public company Reference Minimum number of directors 1 2 CA 2006, s 154 Requirement for a company secretary No Yes CA 2006, ss 270, 271 Company secretary—requirement for qualifications No Yes CA

Overview This Practice Note sets out key differences between the UK’s vertical block exemption, The Competition Act 1998 (Vertical Agreements Block Exemption) Order 2022 (UK VABEO), and the EU’s Vertical Block Exemption Regulation 2022/720 (EU VBER). On 1 June 2022, the UK VABEO and the EU VBER both entered into force and replaced the previous vertical block exemption, EU Regulation 330/2010 (VBER 2010), which had been retained in UK law following Brexit until its expiry. The UK VABEO is supplemented by the CMA’s Vertical Agreements Block Exemption Order Guidance (VABEO Guidance) and the EU VBER is supplemented by the Commission’s Guidelines on Vertical Restraints (Commission Guidelines). Each block exemption respectively establishes a safe harbour (from section 2 of the UK’s Competition Act 1998 under the UK VABEO, and from Article 101(1), TFEU, under the EU VBER) for vertical agreements which meet the following conditions: • the market share held by the supplier must not exceed 30% of the relevant market on which it sells the contract goods or services;

Scots contract law has in many ways become similar to its English counterpart despite their different roots. Some English law concepts, such as undue influence and anticipatory breach, have been incorporated into Scots contract law and some leading authorities are the same in both systems. However, there are some key differences of which it is important to be aware. The aim of this Practice Note is to highlight some of the key differences between Scots and English contract law. In particular, the Practice Note looks at: • the formation of contracts • rights under contracts, and • enforcing rights following a breach of contract In March 2018, the Scottish Law Commission (SLC) published its Report on Review of Contract Law: Formation, Interpretation, Remedies for Breach, and Penalty Clauses making recommendations for change, including: • a new statutory statement setting out the rules on formation of contract, covering key points for contract formation • abolition of the ‘postal acceptance

STOP PRESS: The Economic Crime and Corporate Transparency Act 2023 (ECCTA 2023) received Royal Assent on 26 October 2023. ECCTA 2023, Pt 1 contains a substantive package of proposals enhancing the role of Companies House and increasing the transparency of UK corporate entities. The provisions of the ECCTA 2023 come into force over an extended period. Many of the provisions in the legislation require detailed secondary legislation and guidance, and the construction of new technical processes and tools to implement the reforms. For more information, see Practice Notes: The Economic Crime and Corporate Transparency Act 2023—what Banking & Finance lawyers need to know and The Economic Crime and Corporate Transparency Act 2023—tracker. This Practice Note highlights the practical differences between legal entities in Scotland and legal entities in England and Wales. It also covers the law relating to Scottish Charitable Incorporated Organisations (SCIOs), a legal entity unique to Scotland. The Practice Note does not cover those aspects of legal entities which are the same on both sides of

US organisations seeking to establish or expand operations in Ireland should be aware of the key similarities and differences between employment law in the two jurisdictions. A common business perception in the United States is that European employment law is heavily weighted in favour of employees, while Irish employees may perceive the US employment law framework as being more favourable to employers. In practice, however, Irish employment law shares a number of similarities with US employment law, while also containing important differences that employers should understand from the outset. US employers operating in Ireland may also find that certain aspects of Irish employment law are less burdensome than expected, including in areas such as trade union engagement and corporate immigration. Set out below are some of the key employment law considerations for US employers doing business in Ireland. Written by Alice Duffy, Geraldine Carr and Caleb Crandall of Matheson.

This Checklist sets out the key documents and information required by funders to address the issues set out in What funders look for—checklist. Issue Documents Comments Documents available Liability As a starting point the funder will require the key documents to enable it to assess the merits of the case from a liability perspective.The funder is also likely to request copies of any opinions produced by counsel or the instructed solicitors as to the merits of the claim. Some funders will always require such an opinion to have been produced before taking the claim forward. At the outset, the funder is unlikely to request all of the documents relating to the case but they will need to see sufficient documents

This Practice Note sets out an introduction to some of the most common agreements and documents within a PFI/PF2 project. The particular documents used will depend upon the project in question. In the 2018 Budget (delivered on 29 October 2018), it was announced that the government will no longer use PF2 on new projects (see News Analysis: Budget 2018—what does it mean for infrastructure and housebuilding?). However, existing PFI and PF2 projects will continue to run, and given the typical lifespan of such projects this is likely to be for many years. Project documents Project Agreement This is the principal agreement in any PFI project. It sets out all of the terms and conditions which govern the relationship between the Authority and Project Co/SPV for the duration of the project. The Project Agreement may be referred to as a concession agreement where the Project Co/SPV is being granted a concession (ie the exclusive right to supply/operate/exploit something to generate third party income). The Project Agreement is usually a lengthy document and for that reason is commonly split