Bilateral investment treaties

Restructuring & Insolvency analysis: The High Court held that contracts for the sale of land owned by the claimant companies were validly made under section 43 of the Companies Act 2006 (CA 2006), despite arguments that the director’s signature placement meant execution had to comply with CA 2006, s 44. The court rejected an over-formalistic approach: the contracts objectively showed that the director signed on the companies’ behalf and intended to bind them. However, the receivers’ appointment was invalid because, although the appointment letter contained an obvious error, there was no single obvious correction capable of curing it under Chartbrook. The decision clarifies company contract execution and underscores the need for exact drafting when appointing receivers, as construction cannot rescue an instrument where competing corrections are reasonably possible. Produced in partnership with Bridget Williamson of Enterprise Chambers.

CASE HUB ARCHIVED—this archived case hub reflects the position at the date of the judgment of 2 October 2013; it is no longer maintained. Outline Appeal by BMI Healthcare, HCA International and Spire Healthcare against a decision of the Competition Commission’s (CC) allowing access to a disclosure room but preventing the use of evidence obtained in the disclosure room as part of the private healthcare market investigation Parties BMI Healthcare (BMI), HCA International (HCA) and Spire Healthcare (Spire), the three largest UK private hospital groups. They are the principal parties in the private healthcare market investigation. Competition Commission Background This is the first appeal following the CC's provisional findings in the private healthcare market investigation. Both appeals relate to the CC's procedure in providing material that it has collected to parties involved in an investigation. The stakes are high as the CC has provisionally found competition concerns in the market and is considering ordering BMI, HCA and Spire to divest hospitals. Market(s) Privately funded healthcare services in the UK, including both independent

Balancing Market Principles Code of Practise

British Nuclear Fuels plc: Formerly a nuclear company owned by the UK Government and the holding company for British Nuclear Group and Nexia Solutions (now known as NNL). On 1 April 2005, all BNFL assets and liabilities of BNFL were transferred to NDA under nuclear transfer schemes provided in the Energy Act 2004. Further assets were subsequently sold. In October 2010, the Government announced that BNFL was to be formally abolished.

Planning analysis: The government has published responses to two biodiversity net gain (BNG) consultations: one on improving implementation for minor, medium and brownfield development, and the other on BNG for nationally significant infrastructure projects (NSIPs). The responses confirm greater flexibility for smaller development and that mandatory BNG will apply to NSIPs from 2 November 2026, while providing further detail on how the regime will operate in practice. A further consultation on a targeted BNG exemption for residential brownfield development has also been published.

Balance of Nuclear Island: All components, equipment and systems included in the nuclear island scope, with the exception of the NSSS.

Law360, London: BNP Paribas SA has pushed to move a claim filed by VietJet Aviation to the English courts, arguing that disputes over their financial agreements with the Vietnamese low-cost airline belong in England, not Vietnam.

Law360, London: BOC Aviation (Ireland) Ltd has reached a settlement with Cathedral Capital (1998) that it had claimed should partly cover for an alleged US$129m loss from planes stranded in Russia after the country's invasion of Ukraine.

Balance of Conventional Island: All components, equipment and systems included in the conventional island scope, with the exception of the turbine generator plant.

The Bank of England (BoE) and the Prudential Regulation Authority (PRA) have published policy statement PS27/20, which provides feedback to responses to consultation paper CP13/20, ‘UK withdrawal from the EU: Changes before the end of the transition period’ and CP18/19 ‘UK withdrawal from the EU: Changes following extension of Article 50’. It also contains the BoE and PRA’s final and near-final policies in the appendices to PS27/20. For ease of cross-reference, PS27/20 broadly follows the same structure as PS5/19 ‘The Bank of England’s amendments to financial services legislation under the European Union (Withdrawal) Act 2018’.

Build, Own, Operate. Rosastom will use this model for the Akkuyu nuclear power plant in Turkey.