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PRACTICE NOTES
This Practice Note considers the factors to be taken into account by the court in internal relocation cases in which one parent seeks to move with their child to another part of the UK and the other parent objects. It reviews the cases and guidance including the decision in Re C (Internal Relocation). It also consider the procedure to be followed. Internal relocation Internal relocation cases are cases in which one parent seeks to move with their child to another part of the UK, and the other parent objects. For cases concerning applications for permission to remove a child from the jurisdiction (external relocation), see Practice Note: Leave to remove-external relocation. A person who is named in a child arrangements order (CAO) as a person with whom the child is to live does not require permission to relocate within the UK in the same way that they would if they wished to take the child to live outside the UK, ie there is no equivalent provision to section 13 of the Children Act 1989 (ChA 1989) that
PRECEDENTS
Insert the following as new definitions (if not already included) in the articles of association of the relevant company: Bad Leaver • means a person who is not deemed to be a Good Leaver [or designated as a Good Leaver by an Investor Direction]; [Employee Trust • means any trust established to enable or facilitate the holding of Shares whose beneficiaries include bona fide employees of any Group Company and which satisfies the requirements of section 86 of the Inheritance Tax Act 1984;] Fair Value • shall be as defined in Article 1.6; Family Member • means, in relation to a Director or Relevant Employee, their spouse and/or any one or more of their children (including step-children); Family Trust • means, in relation to a Director or Relevant Employee, a trust or settlement set up wholly for the benefit of that person and/or their Family Members; [Financing Documents • means the facilities agreement to be entered into on the same date as the [Subscription and Shareholders’ Agreement OR Investment Agreement] between [[the Company] OR [insert the name of the company in the investee group party to the financing arrangements,
NEWS
Private Client analysis: What are the key considerations for individuals when considering leaving part of their estate to create a scholarship or bursary? Darren Hooker, associate solicitor in the charity and social enterprise team at Stone King, outlines the practicalities of setting up a scholarship or bursary.
PRACTICE NOTES
1. What is the applicable legislation? There is no designated Lebanese foreign direct investment (FDI) law. Instead, provisions governing foreign investment in Lebanon can be found in the Investment Law 360/2001 (Investment Law 2001), which applies equally to foreign and domestic investors alike. The Investment Law 2001 is primarily an investment promotion tool that includes incentives for investment in Lebanon. It does not establish any oversight authorities or restrictions for foreign investment. Such restrictions can be found in several other laws, including the Law on the Lebanese Code of Commerce 304/1942 (Code of Commerce 1942), the Law on Publications 1962, the Gun Laws of Lebanon 137/1959 (as amended), and the Law on Foreign Acquisition of Real Property 296/2001. In addition, the Code of Money and Credit governs capital movements and banking activities, and sector-specific legislation may impose further limitations depending on the nature of the investment. 2. Which government or other body (or bodies) reviews foreign investments? Foreign Investment in Lebanon is generally overseen by the Investment Development Authority
PRACTICE NOTES
NOTE—to see whether notification thresholds in Lebanon and throughout the world are met, see Where to Notify. 1. Have there been any recent developments regarding the Lebanese merger control regime and are any updates/developments expected in the coming year? Are there any other ‘hot’ merger control issues in Lebanon? In early 2022, Lebanon enacted its first comprehensive competition law with the adoption of Law 281/2022 on the Competition Law (Competition Law 2022), which came into effect on 17 March 2022. The Competition Law 2022 marks the first comprehensive competition legislation ever implemented in Lebanon and introduced a comprehensive antitrust and merger control regime in the country. Prior to the Competition Law 2022 entering into force, there was no standalone or designated competition law in Lebanon. Instead, competition matters were regulated by a few, rudimentary provisions spread out over several laws, such as Law 34-67/1967 on Commercial Agencies, Law 73-83/1983 on Acquisition of Goods and Agricultural Crops, and Resolution 2385/1924 on Industrial Property Rights. However, none established a merger control regime. Lebanon introducing the Competition
PRACTICE NOTES
CASE HUB ARCHIVED—this archived case hub reflects the position at the date of the judgment of 16/08/2019; it is no longer maintained. Case facts Outline An appeal by Lebedev Holdings Limited for review of the Public Interest Intervention Notice (PIIN) given by the Secretary of State for DCMS on 27 June 2019 pursuant to section 42(2) of the Enterprise Act 2002. Parties • Lebedev Holdings Limited (LHL): LHL is a holding company and the majority shareholder in Evening Standard Limited, the company which amongst other things publishes the Evening Standard printed newspaper and the Evening Standard news website.• Independent Digital News and Media Limited (IDMN: IDMN is a digital consumer media business delivering news and entertainment content through its websites indpendent.co.uk and indy100 and its digital mobile application The Independent Digital Edition.• Secretary of State for Digital, Culture, Media and Sport (Secretary of State). Background Russian businessman, Mr Evgeny Lebedev, owns the Evening Standard and the Independent newspapers. Mr Lebedev sold: (i) in June or July 2017, 30% of the share capital
GLOSSARY
The nuclear legacy is represented by: (a) the nuclear sites and facilities operated by UKAEA and BNFL which were developed between the 1940s and the 1960s, including the wastes, materials and spent fuels they produced; and (b) the Magnox fleet of nuclear power stations designed and built in the 1960s and 1970s and operated on the Government’s behalf by BNFL, and the plant and facilities at Sellafield used for the reprocessing of Magnox fuel as well as all associated wastes and materials.
PRACTICE NOTES
This Practice Note explores projects which involve legacy IT systems, the background to such legacy IT refresh projects (focusing particularly on the financial services sector and technology refresh through non-transformational outsourcing, cloud based solutions and software development/integration), and the issues and practical points to be considered with respect to each. Technology refresh refers to the adoption of newer or enhanced technology in substitution for incumbent IT products and systems, often to maintain capabilities, introduce new or added functionality, improve performance and efficiency, keep up with technological advancements (the state of the art) or to address other changing needs or requirements (such as operational transformation and process change in the business). Where the old IT systems host or process a significant amount of data, the migration of that data and related data integrity and security issues will be a significant factor to be considered as part of the refresh project. Background to legacy IT refresh projects Technology refresh plays an important role in allowing companies to drive efficiencies, reduce
NEWS
The Legal 500 has announced P.R.I.M.E Finance as an Important Regional Arbitration Centre in their Arbitration Powerlist: Benelux 2024. P.R.I.M.E Finance aims to resolve disputes concerning complex financial transactions and is based in The Hague.
GLOSSARY
The body responsible for providing legal aid (formerly known as public funding) for legal representation.
PRACTICE NOTES
If you hold a legal aid contract with the Legal Aid Agency (LAA), you must have the Specialist Quality Mark (SQM) standard or the Lexcel Practice Management standard (Lexcel). This Practice Note identifies Precedents you could use or adapt to comply with the SQM requirements that fall within the scope of these two modules. A: Access to service A1: Business planning • Strategic business plan—consumer • Strategic business plan—commercial • Business plan and strategy—minutes of bi-annual review meeting A2: Service promotion • Publicity policy—law firms • Publicity material audit form—law firms • Publicity register • Client care manual A3: Equality and diversity • Policy—equality, diversity and inclusion (EDI) (short form) • Policy—equality, diversity and inclusion (EDI) • Policy—harassment and bullying A4: Safeguarding Safeguarding procedures are not covered. B: Seamless service Signposting and referral procedures are not covered. C: Running the organisation C1: Staff and management structures and independence • Structure chart—day to day supervision • Supervision policy—law firms • Compliance officer for legal practice—COLP—job description and role profile • Compliance officer for finance and administration—COFA—job description and
PRACTICE NOTES
This Practice Note covers the limited circumstances in which Legal Aid Agency funding is available for clinical negligence claims. Background The Access to Justice Act 1999 (AJA 1999) established the Legal Services Commission (LSC), the body which came into being on 1 April 2000 to replace the Legal Aid Board. The Act also established the Community Legal Service (CLS). It provided that legal service providers (in the case of clinical negligence, solicitors) who were members of the CLS could, subject to eligibility criteria, obtain public funding for clients in civil matters (other than those matters excluded under AJA 1999, Sch 2). AJA 1999, Sch 2 provided that CLS funding was not to be granted in relation to allegations of negligently caused injury, death or damage to property. Importantly however, allegations relating to clinical negligence were excluded from this provision. Therefore it remained the case that, subject to satisfying eligibility tests, a clinical negligence claim could still attract public funding after 1 April 2000. However, the Legal Aid, Sentencing and