Environment analysis: How can those dealing with carbon credit companies ensure they aren’t dealing with fraudsters? Chris Staples, partner at Linklaters, says it is important to make sure purchases are made in accordance to a robust standard.

Under section 245 of the Insolvency Act 1986 (IA 1986), liquidators and administrators can avoid certain floating charges if: • the floating charge was created at the relevant time • in certain circumstances, the company was either insolvent at the time or as a cause of the transaction under which the floating charge was created • the value or so much of the consideration for the creation of the charge was not provided at the same time as, or after, the creation of the charge The overall aim of the section is to prevent creditors from obtaining an unfair advantage over other creditors (like trade creditors) at a time when the company's ability to repay its debts is in doubt. It is therefore similar to a preference claim, although it is the security over the debts that will be avoided as opposed to the actual repayment of the debt. In Re Comet Group Ltd (in liquidation), the judge described its purpose as ‘to prevent

This Checklist sets out a methodology to apply when considering how to avoid the scope of Article 101 TFEU when it appears that an agreement contains a restriction on competition. NOTE—This Checklist assumes the starting point is an agreement that, by its object or effect, restricts competition. It is aimed at guiding an assessment of whether such an agreement may nonetheless fall outside Article 101 TFEU. Is the agreement between two or more undertakings? The first question to consider is whether the agreement is made between two or more ‘undertakings’. EU competition law only applies to ‘undertakings’—ie types of economic entities that are involved in providing goods or services to the market on a commercial basis. For further information on the concept of an ‘undertaking’ and the meaning of an ‘economic activity’, see further: What is an undertaking? Agreements involving only one undertaking and/or those which are not engaged in an economic activity—instead performing tasks that are public or social in nature—will fall outside the scope of Article 101 TFEU. For further information

This Checklist sets out a methodology to apply when considering how to avoid the scope of the Chapter I prohibition under section 2 of the Competition Act 1998 (CA 1998) when it appears that an agreement contains a restriction on competition. NOTE—This Checklist assumes the starting point is an agreement that, by its object or effect, restricts competition. It is aimed at guiding an assessment of whether such an agreement may nonetheless fall outside the Chapter I prohibition. Is the agreement between two or more undertakings? The first question to consider is whether the agreement is made between two or more ‘undertakings’. UK competition law only applies to ‘undertakings’—ie types of economic entities that are involved in providing goods or services to the market on a commercial basis. For further information on the concept of an ‘undertaking’ and the meaning of an ‘economic activity’, see further: What is an undertaking? Agreements involving only one undertaking and/or those which are not engaged in an economic activity—instead performing tasks that are public or social in nature—will

This Checklist sets out practical steps for senior managers within the scope of the FCA and PRA’s Senior Managers and Certification Regime (SM&CR) to help them fulfil their personal regulatory responsibilities and, ultimately, reduce the risk of regulatory enforcement action. What do senior managers need to do initially when commencing their role? On taking up a new role within a financial institution, senior managers should carry out a documented initial assessment of the risk management framework in place for their area of the business, within the first two to three months. To be clear, no matter how large the firm’s compliance or risk function is, the responsibility for regulatory compliance, including the design and effectiveness of the risk management framework, also lies with the senior manager responsible for that area of the business. This assessment will involve arranging meetings with the people in the business who have the best knowledge of how the relevant area was managed before the senior manager’s appointment (ideally including the predecessor

Avowal in legal practice refers to an express and usually formal acknowledgment, statement or admission of fact, belief or intention, made personally and unequivocally. It is not generally a term of art defined in UK or Irish legislation, but a descriptive expression used across civil, criminal and public law contexts in England & Wales, Scotland, Northern Ireland and Ireland.An avowal may appear in witness evidence, affidavits, statements of case, pleadings, statutory declarations, letters before action, settlement correspondence or advocacy, where a party or representative openly asserts a position (“avows”) on the record. In criminal proceedings, an avowal may describe a clear admission or assertion by a defendant or witness, potentially relevant to credibility, weight of evidence or abuse of process arguments.In disciplinary, regulatory or public law matters, an avowal can be significant where a professional, office-holder or public authority formally asserts compliance, knowledge or lack of knowledge, which may later be tested against documents or disclosure.Across the UK and Ireland, the core meaning is consistent: an avowal is a deliberate, unambiguous assertion or admission, capable of legal consequence, including use in cross-examination, submissions and findings of fact.

Local Government analysis: Kevin Long, solicitor at Hackney Community Law Centre considers the Coroner’s ruling and regulation 28 report to Prevent Future Deaths following the death of Awaab Ishak. The analysis includes background information, the proposals, the time frame for the proposals coming into force and whether the proposals will improve standards in social housing.

Generally, a final, binding decision of the arbitral tribunal on the substantive dispute between the parties. Arbitral awards may also be interim (ie they have temporary, not final, effect) and partial (ie deciding one or more, but not all, of the issues in the dispute on a final, binding basis).

The order issued by a sheriff following a petition lodged by a creditor or by the AiB following an application for sequestration by the debtor declaring a person to be bankrupt and sequestrating their estate. The Award vests the debtor’s estate in the trustee

This Deed is dated [insert date]. Parties 1 [Insert name of company] with company number [insert company number] whose registered office is at [insert address] (the Company). 2 [Insert name of participant] of [insert address] (the Participant). Background and interpretation (A) The Company has established the [insert name of plan] (the Plan). (B) The Participant is an Eligible Employee and the Company wishes to grant an Award to the Participant pursuant to the Plan. (C) Terms defined in the rules of the Plan (the Rules) (but not defined in this Deed) shall have the same meanings in this agreement unless the context requires otherwise. (D) This agreement is entered into as a Deed. This agreement is SUPPLEMENTAL to the Rules. Where there is any ambiguity or difference between the terms of this agreement and the Rules, unless otherwise provided for

PI & Clinical Negligence analysis: The High Court (Mr Justice Ritchie) assessed quantum in a domestic abuse claim following default judgment on liability, awarding substantial damages to both claimants for psychiatric injury and consequential loss. The court held that the first claimant’s injuries fell within the Judicial College Guidelines for sexual and physical abuse, rather than PTSD, justifying an award within the severe bracket, and adopted a Smith v Manchester approach to future loss given evidential uncertainty. It clarified that liability for recoverable benefits rests with the defendant and that Criminal Injuries Compensation Authority (CICA) recoupment arises only upon actual recovery. The decision provides important guidance on quantification methodology and evidential treatment in domestic abuse claims. Written by Dominic Ruck Keene, barrister of 1 Crown Office Row.

Corporate Crime analysis: What is the correct approach for an application for costs when there has been a successful private prosecution for statutory nuisance? This was the issue in R (on the application of Parker) v Magistrates Court at Teesside which involved an analysis of the correct construction section 82(12) of the Environmental Protection Act 1990 (EPA 1990) and provided some useful guidance on how the magistrates court should approach the award of costs in statutory nuisance cases. The court also considered a procedural point as to whether the correct avenue of appeal was via the case stated procedure rather than judicial review. Written by Lee Fish, barrister at New Park Court.