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NEWS
The European Commission has announced the commencement of operations at the Yara Sluiskil plant in Sluiskil, Netherlands, described as Europe's largest commercial carbon capture and storage project. The industrial ammonia and fertiliser facility is expected to capture and liquefy up to 800,000 tonnes of CO₂ annually from ammonia production, with the captured CO₂ transported by ship to the Northern Lights facility for permanent storage beneath the Norwegian North Sea. The Northern Lights facility has received EU funding under the Connecting Europe Facility. The project, which the Commission states is a direct result of the EU-Norway Green Alliance signed in 2023, is expected to capture and store around 12 million tonnes of CO₂ over the next 15 years and support the decarbonisation of energy-intensive industries, including fertiliser and ammonia production.
CHECKLISTS
This Checklist sets out the issues that should be considered for inclusion in a franchising operations manual. The operations manual for a franchise contains the practical application of the franchisor's method, setting out what the franchisee is required to do and what assistance it can expect from the franchisor. The franchise agreement will oblige the franchisee to comply strictly with the operations manual, as this is proven to lead to business success. The franchisee is likely to use it every day, certainly in the initial stages of the franchise. The manual may be written by the franchisor itself, or by an external consultant with input from the franchisor. Where an external consultant is used, the franchisor should ensure the consultant is familiar with the franchise business. Where the consultant is not, the manual may not cover risks and other matters which need to be addressed, leaving the franchisor exposed. Although the exact content of the manual will depend on the nature of the franchise business, it will normally cover the following matters: General • a summary of the franchise business
GLOSSARY
An operative fact is a fact or event that has direct legal effect in itself, giving rise to, altering or extinguishing legal rights or obligations, rather than merely providing evidence of them. In practice, it is a fact that the law treats as constitutive of a legal relationship or consequence, for example: making a contractual offer and acceptance, serving a statutory notice, publishing an allegedly defamatory statement, or committing a tortious or criminal act.The expression “operative fact” is largely descriptive and doctrinal rather than a defined statutory term in the UK or Ireland. It is used in litigation, legal drafting and legal analysis to distinguish between: (i) facts that create or change legal rights (operative facts) and (ii) evidential facts used to prove those operative facts.Identifying operative facts is central to pleading a cause of action, framing issues for trial, advising on limitation, and assessing remedies. Usage is broadly consistent across England and Wales, Scotland, Northern Ireland and Ireland, including in contract law, tort/delict, property law and public law, although particular operative facts will depend on the substantive legal rules of each jurisdiction.
PRACTICE NOTES
In England, Wales and Scotland, operator licences are issued by Traffic Commissioners. Traffic Commissioners are responsible for the licensing and regulation of those who operate heavy goods vehicles (HGVs), Light Goods Vehicles (LGVs) and passenger service vehicles (PSVs) as well as the registration of local bus services. For an overview of the operator licensing system generally, see Practice Note: Goods vehicle licensing. The Traffic Commissioners are statutorily independent licensing authorities and they can also take action against the vocational entitlement of bus, coach and lorry drivers who commit road and certain other offences. Traffic Commissioners act under the direction of the Secretary of State. The enforcement of the standards and requirements set down in an operator's licence and under road transport law is the responsibility of the Driver and Vehicle Standards Agency (DVSA) and the police. For information on the powers that these agencies have and an overview of enforcement, see Practice Note: Goods vehicles—enforcing transport compliance. While in some locations the DVSA
GLOSSARY
A common carrier that provides services from public phones, including payphones and hotel or motel phones.
NEWS
Property Disputes analysis: The Upper Tribunal has handed down judgment in which it confirms that rights for telecommunications operators under the Electronic Communications Code (the ‘Code’) (Schedule 3A Part 1 to the Communications Act 2003) and Part II of the Landlord and Tenant Act 1954 (LTA 1954) are mutually exclusive and confirms that operators cannot benefit from Code rights if they have exhausted their renewal rights under the LTA 1954. Written by David Jones and Mark Barley, associate and partner at Womble Bond Dickinson.
NEWS
Property Disputes analysis: The Upper Tribunal (UT) has handed down judgment in a case dealing with interim rights of access for operators under paragraph 26 of the Electronic Communications Code (the Code). Despite concerns raised by the site provider, London Underground Ltd, regarding security and the integrity of critical national infrastructure, an order was granted in favour of EE Ltd and Hutchinson 3G Ltd, allowing them to undertake a multi-skilled visit (MSV) at a high security building in Central London. The decision has implications for site providers facing requests from operators for interim access Code rights to assess the suitability of the site for telecommunications apparatus and highlights that even concerns that may ultimately prevent the grant of permanent rights will not necessarily prevent an MSV taking place.
NEWS
MLex: Web browser Opera's challenge to the European Commission over its refusal to designate Microsoft's Edge as a digital 'gatekeeper' was heard in court this week. It delved into the thorny question of who can challenge the regulator's Digital Markets Act decisions: The law doesn't specify any official status for third parties, despite the commission relying on them to inform its decisions. The outcome of the appeal will be significant for companies that operate in the shadows of the biggest platforms.
GLOSSARY
Common name of the conclusions adopted by the Advocate General in the context of cases lodged before the Court of Justice of the EU—not before the General Court—and on which EU judgments are often based on.
NEWS
IP & IT analysis: What opinion did Advocate General (AG) Wathelet come to regarding a referral from Spain’s Supreme Court on article 13(1) of the Enforcement Directive, on whether a party claiming infringement damages for pecuniary loss on a hypothetical royalty or licence fee basis can also claim damages for the moral prejudice suffered?
GLOSSARY
Article 288 TFEU on legal acts, allows EU institutions to adopt opinions. Opinions are non-binding instruments which do not have any legal force but are merely persuasive. They simply allow the EU institutions to make their views known and to suggest a line of action without imposing any legal obligation on those to whom they are addressed.
PRACTICE NOTES
A legal opinion is a formal opinion expressing a view on legal matters relevant to a transaction. As described further below, legal opinions will typically cover a number of different aspects of a transaction and the scope of the opinion will vary on a case-by-case basis. This Practice Note is focused on opinions relating to matters of English law. Transactions involving parties or assets located in different locations will often need multiple legal opinions covering matters pertinent to each relevant jurisdiction. This Practice Note focuses on issues relevant to opinions in respect of secured bond issues. Most of the matters covered by such opinions will be the same as those dealt with in opinions relating to unsecured bond issues. There are, however, a number of issues specific to secured transactions that will need to be covered in such opinions and some additional assumptions and reservations that will typically be included and these are explored in detail below. For general information on legal opinions, see Practice Note: Legal opinions—uses, scope and structure. For