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GLOSSARY
An exclusion applies to the regulated activities of dealing, arranging, safe custody and assets and applies when the regulated activity may reasonably be regarded as a necessary part of other services provided in the course of that business
PRACTICE NOTES
Article 6 Article 6 of the European Convention on Human Rights (the ‘ECHR’) sets out that: ‘1. In the determination of his civil rights and obligations or of any criminal charge against him, everyone is entitled to a fair and public hearing within a reasonable time by an independent and impartial tribunal established by law. Judgment shall be pronounced publicly but the press and public may be excluded from all or part of the trial in the interests of morals, public order or national security in a democratic society, where the interests of juveniles or the protection of the private life of the parties so require, or to the extent strictly necessary in the opinion of the court in special circumstances where publicity would prejudice the interests of justice. 2. Everyone charged with a criminal offence shall be presumed innocent until proved guilty according to law. 3. Everyone charged with a criminal offence has the following minimum rights: (a) to be informed promptly, in a language
GLOSSARY
Exclusion which applies to the regulated activities of dealing as principal or agent, arranging deals and giving advice in connection with the purchase or sale of shares in a company.
GLOSSARY
Exclusion which applies when providing information to a policyholder or potential policyholder and means that the solicitor is not arranging and assisting in the performance of a contract of insurance
PRACTICE NOTES
Article 8 of the European Convention on Human Rights 1950 (ECHR), which is incorporated into domestic law by section 1 of the Human Rights Act 1998 (HRA 1998), sets out a right to respect for private and family life. Every immigration practitioner needs to be able to identify when a client can rely upon Article 8 and to assess the related prospects of success. This Practice Note covers key considerations for immigration practitioners raising arguments based on Article 8 ECHR, including what Article 8 covers, the standard of proof and how Article 8 applies to different kinds of application, such as to entry clearance applications or claims involving children. This Practice Note does not cover pre-2012 Article 8 claims, but case law that pre-dates the 2012 rules is referred to where it has ongoing relevance. Key resources at a glance Resource type Reference Immigration Rules Immigration Rules, Part 1 Immigration Rules, Appendix FM Immigration Rules, Appendix Private Life Application forms UK visa and immigration application forms (collection) Home Office guidance Considering human
NEWS
Immigration analysis: This immigration analysis considers the impact of Entry Clearance Officer (ECO) v FA, which confirms that although the refusal of a medical visit visa application did constitute the refusal of a human rights claim, that did not necessarily mean Article 8 was in fact engaged where there was no pre-existing private life in the UK and the Article 8 family life ‘additional elements of dependency’ threshold was not met.
PRACTICE NOTES
Introduction Article 8 of the European Convention on Human Rights (ECHR) provides: ‘1. Everyone has the right to respect for his private and family life, his home and his correspondence. 2. There shall be no interference by a public authority with the exercise of this right except such as is in accordance with the law and is necessary in a democratic society in the interests of national security, public safety or the economic wellbeing of the country, for the prevention of disorder or crime, for the protection of health or morals, or for the protection of the rights and freedoms of others.’ The rights protected under Article 8 are also provided for in Schedule 1 of the Human Rights Act 1998, and are qualified rights (see Practice Note: Convention rights—structure of qualified rights). Article 8 is engaged whenever one or more of the interests identified at Article 8(1) are in issue. Private Life A ‘private life’ is not precisely defined by the ECHR or in the relevant
PRECEDENTS
1 Authority to allot shares—no distinction made between different classes of shares (general or specific authority) 1.1 [ Without prejudice to section 550 of the CA 2006 and] [subject OR Subject] to article 1.2[, OR and] 1.3 [and [insert reference to any relevant articles that set out pre-emption rights]], the directors are [generally and unconditionally authorised, for the purpose of section 551 of the CA 2006 and generally, to exercise all and any powers of the company to allot shares and to grant rights to subscribe for, or to convert any security into, shares in the company to any person, at any time and subject to any terms and conditions as the directors think proper, up to an aggregate nominal amount of £[insert maximum nominal amount] OR specifically authorised, for the purpose of section 551 of the CA 2006 and generally, to [insert details of the specific authority to allot and to grant rights to subscribe for, or to convert any security into, shares in the
PRECEDENTS
1 Authority to allot shares—no distinction made between different classes of shares (general or specific authority) 1.1 Save to the extent that they are authorised to do so by these articles or from time to time by ordinary resolution of the company, the directors of the company shall not exercise any power of the company to allot shares or to grant rights to subscribe for, or to convert any security into, any shares in the company. 1.2 Subject to article 1.3[, OR and] 1.4 [and [insert reference to any relevant articles that set out pre-emption rights]], the directors are [generally and unconditionally authorised, for the purpose of section 551 of the CA 2006 and generally, to exercise all and any powers of the company to allot shares and to grant rights to subscribe for, or to convert any security into, shares in the company to any person, at
NEWS
Planning analysis: On 1 September 2025, the government launched a consultation seeking views on streamlining the Nationally Significant Infrastructure Project (NSIP) process. Building on previous reforms, it proposes wide-ranging changes to support the goal of consenting 150 infrastructure projects this term. Responses are invited by 27 October 2025. Key updates include guidance on pre-application engagement and acceptance now the requirements have changed. The role of statutory bodies is also under the microscope, with views sought on performance indicators and cost recovery guidance. It also addresses procedural challenges surrounding examination change requests, proposing flexibility for Examining Authorities, as well as greater flexibility for the fast-track and pre-application services to improve uptake. This article was written by Olivia Heininger, an associate at Burges Salmon in the Planning and Compulsory Purchase team.
PRACTICE NOTES
Relevant articles on the Market Abuse Regulation The Lexis+® UK Financial Services team have published articles on the Market Abuse Regulation, which are set out in the links in the table below. Date News analysis Brief description of the article 1 September 2017 Clarifying the scope of MAR: some suggestive indicative factors (2017) 8 JIBFL 491 John Ahern of Jones Day discusses the FMLC’s paper identifying legal uncertainties arising in the context of the Market Abuse Regulation. 1 January 2017 Market Soundings: 10 Introductory Q&A (2017) 1 JIBFL 40 Julia Machin of Clifford Chance discusses common issues
CHECKLISTS
Objects Is it necessary or appropriate for the company to restrict its objects? If the company was incorporated before 1 October 2009, check if any of the objects stated in its memorandum of association need deleting (by way of a members’ special resolution). Application of model articles Determine if the model articles are to apply to the company. If the company was incorporated before 1 October 2009, consider whether Table A should still apply (if not previously amended). Determine what, if any, of the model articles should not apply to the company. Board of directors How many directors will be on the board? Which of the managers will be directors? How many directors will the investor have the right to appoint to the board? What is the quorum for board meetings? Does the chair (or other director) have a second or casting vote? Are fees payable to the investor directors and/or chair? If so, what are they? Set out administrative matters relating to the board (eg frequency of meetings, location, quorum, minimum notice, agenda of meetings, alternates)? What