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NEWS
The Department for Culture, Media and Sport (DCMS) has, in its first Mid-Term Review of the BBC’s Royal Charter, recommended major reforms to ensure best outcomes for audiences. Ofcom’s oversight will be extended to parts of the BBC’s online public services and it will be given a legally binding responsibility to review more of the BBC’s complaints decisions, boosting the audiences’ confidence in a fair complaints system. The BBC must also clearly demonstrate how it balances delivering for licence fee payers and supporting the wider creative industries when making decisions on how its services and output are distinctive. Increased transparency in the BBC’s service changes and the development of a public strategy is also recommended. DCMS also urges the BBC to increase representation of some audience groups, such as disabled viewers, by considering how diversity of thought and opinion could be better reflected in its decision-making.
GLOSSARY
Used to describe collectively those companies of medium-sized market capitalisation.
PRACTICE NOTES
This Practice Note provides practical guidance on a mid-term review in safeguard investigations. It provides guidance on the legal basis for a mid-term review, the initiation and conduct of a mid-term review as well as the possible outcomes of a mid-term review. Introduction The World Trade Organization’s (WTO) Agreement on Safeguards makes provision for several reviews that may occur during the duration of a safeguard measure. One such review is commonly referred to an interim or mid-term review. The purpose of a mid-term review is to review the situation which led to the imposition of the safeguard measures and to determine if the safeguard measure should still remain in force or if its pace of liberalisation must be increased. For guidance on a situation which may lead to the imposition of safeguard measures, see Practice Note: An introduction to the Agreement on Safeguards. Legal basis for mid-term review The Agreement on Safeguards provides that safeguard measures should only apply for such period of time as may be necessary to prevent or remedy serious injury
NEWS
Arbitration analysis: Ashique Rahman, senior associate at Fietta LLP, looks back over the key developments in investment treaty arbitration from the past year, and considers what may be coming up in the months ahead.
PRACTICE NOTES
This Practice Note provides an overview of the differences between the Sukuk markets in the Middle East and Far East, including common trends and structures used. For further information on Sukuk transactions and structures, see Practice Notes: The structure and elements of a Sukuk transaction and Sukuk documentation and transaction mechanics. Middle East and Far East Markets The Sukuk market is growing as an alternative to conventional debt financing for companies and investors with a need or desire to follow a Shari’ah-compliant investment strategy. It is also attracting the interest of non-Shari’ah-compliant institutions and investors as a viable alternative to conventional financing. The Sukuk market provides access to a pool of Shari’ah-compliant investors, considered to be an untapped market for conventional institutions. As a result, although the Sukuk market has already developed into a sophisticated market in the Middle and Far East, there has been a diversification and globalisation of the market, with more 'conventional' financial hubs (such as Hong Kong, London and Luxembourg) vying with more traditionally
NEWS
Law360, London: British citizens who reside in the United Arab Emirates (UAE) and other Persian Gulf states returning home because of the war in Iran may face tax bills from HM Revenue & Customs (HMRC) on overseas deals, as Britain's tax authority appears unlikely to make concessions for them.
GLOSSARY
The 'midstream' segment of the oil and gas industry falls between 'upstream' and 'downstream' activities, it usually refers to processing, storing, transporting, or even marketing of oil and gas.
Q&As
Might a lender holding a legal mortgage (or Scottish pledge) of shares be considered a PSC? Based on a direct interpretation of the conditions (Conditions) set out in the Companies Act 2006 (CA 2006), Sch 1A, Pt 1 it would appear possible in certain circumstances for a lender or collateral-taker to be a PSC or relevant legal entity (RLE). While various aspects of the statutory guidance seek to provide lenders with certain protection from this conclusion (see below), such protection is by no means guaranteed in all circumstances. Relevant legislation The Condition for being a PSC which is most likely to apply to a lender to a company (as opposed to a shareholder) is Condition 4: X has the right to exercise, or actually exercises, significant influence or control over company Y. Paragraph 23 of CA 2006, Sch 1A, Pt 3, further states: Rights attached to shares held by way of security provided by a person are to be treated for the purposes of
Q&As
The requirements for indefinite leave to remain as a partner of a points-based system (PBS) migrant are contained in paragraph 319E, Part 8 of the Immigration Rules. Immigration rules, Part 8, para 319E(d) states that: ‘The applicant and the Relevant Points Based System Migrant must have been living together in the UK in a marriage or civil partnership, or in a relationship similar to marriage or civil partnership, for at least the applicable specified period in either (i) or (ii), subject to (iii)143…’ The relevant time periods are two years, when the applicant’s leave as a partner of the person who became
GLOSSARY
Ability to claim UK income tax and corporate tax relief for employee and employer contributions to overseas pension schemes.
NEWS
The organisations Migrants Organise and the 3million have created what is called a ‘bust card’ which aims to assist eVisa holders understand their rights as a eVisa holder, and gives advice about evidencing these rights when travelling. The card notes that the  Home Office has introduced eVisas as the new method for demonstrating immigration status, replacing physical Biometric Residence Permits (BRPs) and Biometric Residence Cards (BRCs). All physical cards will expire by 31 December 2024, though this does not affect the holder's leave to remain. eVisas maintain all existing rights, including UK entry, residence, employment, and NHS access. The card states that authorities are obligated to verify status directly with the Home Office if an individual cannot present their eVisa. Notably, airline carriers must continue accepting expired BRPs or BRCs for boarding until at least 31 March 2025. The primary method for proving status to landlords and employers is now through generated share codes, valid for 90 days. Travellers are advised to log into their eVisa account, generate a share code, and carry their expired physical document and linked travel document when travelling.
NEWS
Migrants Organise has published a joint briefing from 68 organisations on the need for legal aid in immigration. The briefing, which has been prepared in the context of the Ministry of Justice’s ongoing ‘Review of Civil Legal Aid’, outlines the importance of legal aid for people to have equal access to justice, in particular considering the complex UK immigration system. It states that recent policy has had disastrous impacts on communities and increased the need for legal aid. It also highlights that cuts in the sector mean working in legal aid is now unsustainable for providers, and people across the country have been left without proper legal support. The briefing recommends that the government ensures legal aid can be accessed by everyone who needs it, including an end to 'legal aid deserts', restoring the scope of legal aid to the pre-LASPO 2012 position and amending the means test, and that it improves the pay and conditions for legal aid workers such as by immediately increasing pay rates, and stopping fixed fee arrangements. The report also calls for an end to what it terms the ‘hostile environment’ against migrants, recommending government departments work together to fix the legal aid system.