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NEWS
Corporate Crime analysis: This is the first time the courts in England and Wales have considered the relationship between financial sanctions and freedom of expression. The claimant was sanctioned by the UK in July 2022 for producing and publishing video content from the Donbas region of Ukraine which the Secretary of State contended amounted to propaganda in favour of the Russian invasion of Ukraine. Mr Phillips applied for a court review of the decision to maintain his listing in January 2023 on the grounds that the Sanctions and Anti-Money Laundering Act 2018 (SAMLA 2018) does not give the government power to make regulations authorising the imposition of financial sanctions on a person because of their political views, and that his designation was a disproportionate restriction on his right to freedom of expression, property and family life. The court rejected the claimant’s application. Written by Malcolm Birdling, barrister at Brick Court Chambers.
NEWS
Local Government analysis: How will the courts balance the article 8 rights of parents against the duty of local authorities to protect children? Ruth Cabeza, barrister at Field Court Chambers, examines Williams v London Borough of Hackney and argues that the proportionality test must inevitably address the tension between the necessity of child protection and the requirement of the state to refrain from interference with family life.
PRACTICE NOTES
ARCHIVED: This Practice Note has been archived and is not maintained. Title Bali Road Map Location Bali, Indonesia Date 3–14 December 2007 Subject Implementation of the United Nations Framework Convention on Climate Change (UNFCCC) and the Kyoto Protocol What is the Bali Road Map? The Bali Road Map was adopted at the Bali Climate Change Conference, the thirteenth conference of the Parties to the UNFCCC (COP 13) which also served as the third meeting of the Parties to the Kyoto Protocol (CMP 3), in Indonesia in December 2007. The aim of the Parties had been to create an agreement that would replace the Kyoto Protocol from 2012. However, the Bali Road Map is not a binding commitment to reduce greenhouse gas (GHG) emissions. It was the beginning of a two year process that ended in 2009 at the Conference's fifteenth session in Copenhagen. For more information, see Practice Note: Copenhagen Accord 2009—snapshot [Archived]. For the first time, developing countries agreed to consider taking ‘measurable, reportable and verifiable’
PRACTICE NOTES
CASE HUB ARCHIVED–this archived case hub reflects the position at the date of the decision of 15 January 2016; it is no longer maintained. See further, timeline and commentary. Case facts Outline European Commission merger investigation into the proposed acquisition by Ball of Rexam (case number M.7567). There are horizontal overlaps in the market for the manufacture and supply of beverage cans and aluminium bottles in the EEA. Latest developments The Commission cleared the transaction subject to commitments on 15 January 2016. Under the commitments, Ball is to divest ten plants making can bodies and two plants making can ends to a suitable purchaser. The can body plants to be divested are: • Ball’s plants in the UK (Rugby and Wrexham) • Ball's plants in Germany (Weissenthurm, Hassloch and Hermsdorf) • Ball's plant in the Netherlands (Oss) • Ball's plant in Poland (Radomsko) • one of Ball’s two plants in France (La Ciotat) • Rexam’s plant in Austria (Enzesfeld) • one of Rexam’s two plants in Spain (Valdemarillo). Ball is also divesting two can end plants, one in Deeside (the UK) and another in Braunschweig (Germany). In addition,
GLOSSARY
An investment which is intended to give stability to a portfolio of investments and is less volatile than most.
GLOSSARY
A final payment on a debt that is much larger than the preceding payments due to holding back most of the debt and paying it only towards the end of the agreement. The name comes from the fact that the debt becomes inflated like a balloon as a result of the interest'>compound interest accumulating on the large sum. Balloon payments can also be called partially or amortised loans.
GLOSSARY
Where the final repayment of principal in a loan transaction is substantially larger than earlier repayment instalments.
GLOSSARY
The procedure whereby employees are entitled to vote (normally secretly) on a particular work matter, for example in relation to a Trade Union proposal to strike or for the election of employee representatives to act on their behalf in a redundancy process.
NEWS
The Home Office has published a guidance webpage which announces the opening of the ballot process for Indian nationals applying under what is termed the ‘India Young Professionals Scheme visa’. The webpage confirms that the ballot will open on 28 February 2023 at 2.30pm India Standard Time and will close at the same time on 2 March 2023 (extended to 8.59pm due to initial technical difficulties). 2400 places will be available in this February ballot.
PRACTICE NOTES
FORTHCOMING CHANGE: For industrial action to have the support of a ballot, at least 50% of those entitled to vote must take part in the ballot. Section 68 of the Employment Rights Act 2025 provides for removal of the 50% participation threshold but has not yet been commenced. The 50% participation threshold therefore continues to apply until section 68 comes into force, which is expected sometime in 2027. See Practice Note: Employment Rights Act 2025—tracker. This Practice Note explains the statutory balloting and notice requirements for a trade union to have immunity from tortious liability for industrial action (eg a strike or action short of a strike). It considers the need for a qualified independent scrutineer of ballots, the permissible means of voting including postal, electronic, hybrid and workplace voting, requirements relating to voting materials and the conduct of ballots, balloting thresholds and the need to inform members of the result. It also looks at the requirements for calling industrial action and for the notices which unions must serve on employers in order
PRACTICE NOTES
CASE HUB (NOTE—appeal lodged before the Court of Appeal by Balmoral against the CAT’s judgment in Balmoral Tanks Limited & Anr v Competition and Markets Authority (C3/2017/3539)) ARCHIVED–this archived case hub reflects the position at the date of the judgment of 6 October 2017; it is no longer maintained. See further, timeline, commentary and related cases. Case facts Outline Appeal by Balmoral Tanks Limited and Balmoral Group Holdings Limited against the CMA’s decision in the supply of galvanised steel tanks for water storage cartel Latest development On 6 October 2017, the CAT issued its judgment and rejected the appeal. Parties Balmoral Tanks Limited (Balmoral) and its parent company Balmoral Group Holdings Limited Competition and Markets authority Background The CMA’s investigation he CMA launched its investigation on 27 November 2012. The CMA also conducted a criminal prosecution in this case under the criminal cartel offence. The former Managing Director of Franklin Hodge , Nigel Snee, pleaded guilty to dishonestly agreeing with others to fix prices, divide up customers and rig bids between 2005 and 2012. On 14 September
PRACTICE NOTES
ARCHIVED–this archived case hub reflects the position at the date of the judgment of 15 February 2019; it is no longer maintained. See further, timeline, commentary and related cases. Case facts Outline Appeal by Balmoral Tanks Limited and Balmoral Group Holdings Limited against the CAT’s ruling upholding the CMA’s decision in the supply of galvanised steel tanks for water storage cartel. Latest development On 15 February 2019, the Court of Appeal handed down a judgment in which it dismissed Balmoral’s appeal in its entirety. Parties • Appellants—Balmoral Tanks Limited (Balmoral) and its parent company Balmoral Group Holdings Limited• Respondent—Competition and Markets Authority Background Background On 27 November 2012, the CMA launched its investigation in relation to the supply of galvanised steel tanks for water storage cartel (CE/9691/12).It should be noted that the CMA also conducted a criminal prosecution in relation to the above case under the criminal cartel offence. In short, the former Managing Director of Franklin Hodge Industries Ltd (Franklin Hodge), Nigel Snee, pleaded guilty to dishonestly agreeing with others to fix prices, divide up customers