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PRACTICE NOTES
This Practice Note sets out the process public authorities need to follow in order to make a lawful subsidy award under the Subsidy Control Act 2022 (SCA 2022). It assumes that the public authority has already identified the beneficiaries of a measure and assessed the presence of subsidy with regard to each. For background reading, see Practice Notes: Subsidy control and Identifying subsidies regulated by the Subsidy Control Act 2022. Value of the subsidy The choice of route to award a subsidy is likely to be shaped by the value and characteristics of the proposed award. The Subsidy Control (Gross Cash Amount and Gross Cash Equivalent) Regulations 2022, SI 2022/1186 set out how public authorities should value subsidies. For a subsidy given as a grant, the subsidy value will be the grant sum. Where a subsidy is given by any other means (other than as a tax deduction), the gross cash equivalent value will be the difference between the terms on which the subsidy is
NEWS
Law360, London: A law firm that became part of now-collapsed Axiom Ince has settled its claim with Aviva in a dispute over its business interruption insurance policy that erupted in the wake of national lockdowns imposed during the coronavirus (COVID-19) pandemic.
NEWS
Law360: Insurer Axis must pay £6m to an American real estate developer under a law firm’s insurance policy after a partner misappropriated funds intended to buy a Scottish castle, a London appellate court ruled 15 January 2024.
PRACTICE NOTES
NOTE—to see whether notification thresholds in Azerbaijan and throughout the world are met, see further: Where to Notify. 1. Have there been any recent developments regarding the merger control regime in Azerbaijan and are any updates or developments expected in the coming year? Are there any other ‘hot’ merger control issues in Azerbaijan? On 8 December 2023, a new Law on Approval of the Competition Code of the Republic of Azerbaijan (Competition Code) was adopted. The Competition Code represents a significant update to the country’s regulatory framework. With 12 chapters and 84 articles, it introduces new concepts and definitions such as relevant market, unfair trade practices, low monopoly price, barriers to entry, and concentration of economic entities. The Competition Code replaces the Law of the Republic of Azerbaijan on Antimonopoly Activity dated 4 March 1993, the Law of the Republic of Azerbaijan on Unfair Competition dated 2 June 1995, and the Law on Natural Monopolies dated 1998. It also introduces, in a more structured manner, merger control rules governing economic concentrations. The Competition Code entered
Q&As
Yes, a Landlord and Tenant Act 1954 (LTA 1954) protected lease can be surrendered without the service of a section 25 notice. The surrender must be an actual surrender by deed or operation of law. Any agreement to surrender must not fall foul of LTA 1954, s 38 and must comply
NEWS
Local Government analysis: The UK’s Department of Health and Social Care (DHSC) has published on 19 January 2021, an updated guide to the initial ‘Code of Conduct for Data-Driven Health and Care Technologies’ (Guide). Alongside the Code, the Guide provides guidance to National Health Service (NHS) suppliers of what the NHS is looking for when it buys digital and data-driven technology for use in the health sector, so these principles can be built into the strategy and product development. This should make the procurement process more straightforward, as many of the criteria will already have been met. Dr Nathalie Moreno of Addleshaw Goddard LLP outlines the 12 principles of good practice (Principles) from the Guide.
Q&As
Under the Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017 (MLR 2017), SI 2017/692 (as amended by the Money Laundering and Terrorist Financing (Amendment) (EU Exit) Regulations 2020 (MLR 2020), SI 2020/991 and the Money Laundering and Terrorist Financing (Amendment) Regulations 2022 (MLR 2022), SI 2022/137), all UK express trusts are required to be registered with
Q&As
The nature of joint and several liability As seen in Practice Note: Joint, several, and joint and several liability, joint and several liability arises where two or more persons under the same contract make a promise to the same person, and at the same time each of them individually makes the same promise to that same person. For instance, where B and C jointly promise to pay £100 to A, but both B and C also separately promise A that £100 will be paid to
Q&As
In answering this Q&A we have limited our research to cover the case where the company A enters compulsory liquidation (ie where a winding-up order is made against that company) and assume this Q&A is referring to A entering compulsory liquidation rather than simply being struck off/dissolved through inactivity or by an application made by the company’s directors under section 1003 of the Companies Act 2006. Effect of compulsory liquidation on corporate personality Under section 129(2) of the Insolvency Act 1986 (IA 1986), a company winding up by the court is deemed to have commenced at the date of the presentation of the winding-up petition. On liquidation following the making of the winding-up order, usually an insolvency practitioner is appointed while the assets of the company are realised for the benefit of creditors.
GLOSSARY
A method of returning excess cash to members by the creation and issue of a new class of shares (‘B shares’) to members in proportion to their existing holdings, followed by the payment of a dividend on those shares, the redemption or buyback of those shares for cash, or the shares being cancelled in a reduction. Depending on the exact method chosen, shareholders may be able to treat the gain as either income or capital. See also special dividends, share buyback and reduction of capital.
NEWS
The Bath & North East Somerset Council's (B&NES) Trading Standards service has successfully obtained a compensation order of £108,085 against a rogue builder, Martin Brain, following a proceeds of crime hearing on 6 October 2024. Brain, who had previously pleaded guilty to contravening professional diligence under the Consumer Protection from Unfair Trading Regulations 2008, must repay the sum within three months to four victims he had defrauded of £133,000. The Bristol Crown Court ruling stipulates that failure to comply will result in a 12-month prison sentence, with the obligation to repay persisting upon release. This action follows Brain's earlier nine-month suspended prison sentence and demonstrates the council's commitment to utilising legal powers to protect residents and recover ill-gotten gains from unscrupulous traders.
B2B
GLOSSARY
Business to business—contracts between two businesses.