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MLex: The European Commission has warned 19 EU countries that they could face lawsuits at the European Court of Justice if they fail to pass national legislation to enact the EU's Network and Information Systems II, which sets out EU-wide rules on cybersecurity. The following countries have two months to respond to the commission: Austria, Bulgaria, Cyprus, Czechia, Denmark, Estonia, Finland, France, Germany, Hungary, Ireland, Latvia, Luxembourg, the Netherlands, Poland, Portugal, Slovenia, Spain and Sweden.
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Law360: The Ninth Circuit on 12 August 2026 enforced an arbitral award worth over USD2 billion issued to a satellite communications company, ruling for the first time that the legal concept that a dispute might be better heard elsewhere does not apply in cases seeking to enforce international arbitral awards.
GLOSSARY
An order nisi is a provisional order.
PRACTICE NOTES
CASE HUB ARCHIVED–this archived case hub reflects the position at the date of the decision of 8 October 2021; it is no longer maintained. See further, timeline ,commentary and related cases. Case facts Outline CMA Article 101 TFEU/Chapter I investigation into AMCo (now Advanz Pharma Services (UK) Limited), Morningside Healthcare Limited, Morningside Pharmaceuticals Limited and Alliance Healthcare (Distribution) Limited in relation to an alleged breach of competition law concerning the supply of the antibiotic drug Nitrofurantoin. Latest developments On 8 October 2021, the CMA announced that it had closed the investigation on the grounds of administrative priorities. Parties • Advanz Pharma Services (UK) Limited (Advanz): Advanz is a wholly-owned subsidiary of Mercury Pharma Group Limited, which is incorporated in the UK. It is principally engaged in the provision of support services on behalf of the group headed by Concordia International Corp. (formerly Concordia Healthcare Corp).• Mercury Pharma Group Limited (Mercury): Mercury is a wholly-owned subsidiary of Concordia Holdings (UK) Limited and is an intermediate holding company. The principal activity of Mercury is that of a holding company of the operating
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The Nkafu Arbitration Services has announced the Cameroon Arbitration Week (CAW) conference, which will take place in Douala from 6 October 2024 until 9 October 2024. The theme of this year’s conference is 'Convergence at sea: unifying forces in maritime, commercial, and commodity arbitration and ADR'. CAW is a series of events that explores arbitration and alternative dispute resolution (ADR) mechanisms in Cameroon. It seeks to unite professionals in the field, share knowledge on recent legal developments and best practices, foster in-depth discussions, and showcase Cameroon as a suitable destination for arbitration and ADR proceedings. The event will cover a range of topics such as technological advancements and their impact on arbitration, maritime disputes, environmental and sustainability issues and cultural and legal diversity in international arbitration.
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Public Law analysis: The Solicitor General sought permission of the High Court pursuant to CPR 81.3 to bring proceedings for criminal contempt at common law against Ms Warner. He alleged that Ms Warner’s conduct in holding a placard outside court and ‘confronting’ jurors, ‘instructing, encouraging or inciting’ them to disobey the judge’s directions of law was a direct interference with and undertaken with an intention to interfere with the administration of justice. Mr Justice Saini refused to grant permission to proceed with the application on the basis that Ms Warner’s conduct did not amount to actionable contempt (at para [33]). Written by Jonathan Lewis, barrister at Monckton Chambers.
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Employment analysis: Employment tribunals do not have the power under ET Rule 29 to order an employer to give a former employee access to their email inbox and/or Outlook calendar, according to the EAT.
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Immigration analysis: The Court of Appeal confirmed that where an EU national beneficiary of the EU-UK Withdrawal Agreement (WA) committed criminal conduct after the end of the transition period, the Secretary of State for the Home Department (SSHD) may deport them relying solely on the domestic deportation regime without applying an EU law proportionality test. As a result, EU nationals with post 2020 offending are no longer in a privileged position compared to other foreign nationals, and resisting deportation is significantly more difficult. Important questions remain unresolved, including how tribunals should approach cases involving mixed pre and post 2020 conduct, and whether an EU national’s historic exercise of free movement rights should influence the Article 8 proportionality assessment. Written by Eva Doerr, barrister at Garden Court Chambers.
NEWS
IP analysis: The Court of Appeal held that the 'more likely than not' threshold under section 12(3) of the Human Rights Act 1998 (HRA 1998) applies to interim injunctions restraining alleged unjustified threats under the Trade Marks Act 1994 (TMA 1994). Allowing the appeal, the court confirmed that the ordinary test set out in in Cream Holdings Ltd v Banerjee [2004] UKHL 44 governs such applications and rejected arguments that unjustified threats claims form an exceptional category warranting a lower merits threshold. The decision provides important guidance for right holders and competitors engaged in trade mark disputes, particularly where pre-action correspondence is directed at distributors or customers. It also clarifies that commercial harm and supply chain disruption, without clear evidence of grave consequences, will not justify departure from the ordinary HRA 1998, s 12(3) standard. Produced in partnership with Tamsin Knight and Lee Curtis of HGF Ltd.
GLOSSARY
The risk of death of one in one million per annum which is generally considered in the radiation protection community as equating to a dose of 10 micro Sieverts.
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Private Client analysis: A claim by an adult child under the Inheritance (Provision for Family and Dependants) Act 1975 (I(PFD)A 1975) against two estates was summarily dismissed when the claimant died after issuing proceedings. A related claim by the claimant’s wife who alleged that she had been treated as a child by her parents-in-law was also dismissed as the evidence did not show a qualifying relationship. In any event, permission was not granted for the claims to proceed against either estate, some ten months out of time in one case and seven and a half years in the other, under I(PFD)A 1975, s 4. Written by James McKean, barrister at New Square Chambers.
NEWS
The Pension Protection Fund (PPF) has announced that it will not charge a levy for conventional defined benefit (DB) pension schemes in 2027/28 and will pause the Alternative Covenant Scheme (ACS) levy for one year.