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GLOSSARY
A financial reward to a financial adviser for the ongoing payment of premiums on a regular premium contract. It is due at the annual renewal date of the policy and is expressed as a percentage of the premium.
GLOSSARY
Causation is a principle used in assessing the level of damages for breach of contract or duty in tort. Damages will be awarded only when loss was caused by the breach.
GLOSSARY
A formal procedure (essentially, a contract between the company and its Creditors) provided for by the IA 1986 which enables a company to agree with its Creditors how its debts should be dealt with.
GLOSSARY
A formal procedure (essentially, a contract between the company and its creditors) provided for by the Insolvency Act 1986 which enables a company to agree with its creditors how its debts should be dealt with.
NEWS
This week's edition of Life Sciences weekly highlights includes analysis by Herbert Smith Freehills LLP of the UK Court of Appeal judgment confirming it cannot deviate from previous UK precedent on second medical use SPCs (Merck Serono v Comptroller-General of Patents), analysis by Arnold & Porter of the Court of Justice decision clarifying whether various promotional schemes offered by pharmacists such as discounts or rewards schemes constitute ‘advertising of medicines’ under Directive 2001/83/EC, as well as, Law360 analyses of the Court of Appeal’s injunction decision striking a compromise to permit rival Glenmark to ship supplies of its generic already packed in trucks without progressing to retail sales (AstraZeneca v Glenmark Pharmaceuticals), the impact of the Unified Patent Court asserting its authority to hear claims involving UK patents, reporting of a nonbinding opinion advising the Court of Justice to uphold a €60.5m fine against Teva and Cephalon for an alleged pay-for-delay conspiracy and the impact of the new EU Product Liability Directive on tech and AI. Also included, is news of the ICO levying a £3.07m fine against Advanced Computer Software Group following a 2022 ransomware attack that compromised personal data including NHS patient data, the European Commission publishing an Explanatory Guide to the microplastics restriction regulation, of MHRA CEO Dame June Raine’s retirement, and the DHSC dispute resolution panel ruling that B. Braun is liable for scheme rebate payments because its off-contract sales of a branded sedative do not qualify for exceptional central procurement exemption under VPAS due to NHS England procurement, among several other important stories.
PRACTICE NOTES
ARCHIVED: This Practice Note has been archived and is not maintained. One of the difficulties for practitioners is keeping up to date with developments in case law that affects their practice area. This Practice Note summarises the key appeal cases (Court of Appeal and Supreme Court, and, where relevant, Court of Justice of the European Union (CJEU)), which we have reported on, allowing users ease of access in finding those decisions. This tracker can be browsed and the cases are divided into the following sections: • Key DR developments • Applicable law • Jurisdiction • Service • Limitation • Claims and remedies • Injunctions and other relief orders • Pre-action • Litigation • Case management • Applications specific • Evidence and disclosure • Settlement • ADR • Appeals and Judicial Review • Costs and funding • Enforcement • Insolvency Alternatively, this tracker can be searched using [CTL]+[F]. This tracker is not intended to provide an exhaustive list of all appeals. Key DR developments Brexit—Supreme Court—Article 50 litigation―UK Supreme Court rules
PRECEDENTS
This Agreement is made on [date] Parties 1 [insert name of party] [of OR a company incorporated in England and Wales under number [insert registered number] whose registered office is at] [insert address] (Manufacturer); and 2 [insert name of party] [of OR a company incorporated in England and Wales under number [insert registered number] whose registered office is at] [insert address] (Distributor); each of the Manufacturer and the Distributor being a party and together they are the parties. Background (A) The Manufacturer manufactures [and supplies] the Products. (B) The Distributor has agreed to distribute [and support] the Products on [an exclusive OR a shared exclusive] basis in the Territory in accordance with the provisions of this Agreement. The parties agree: 1 Definitions 1.1 In this Agreement: Active Sales • has the meaning given in Article 8(7) of VABEO; Affiliate • means any entity that directly or indirectly Controls, is Controlled by, or is in under common Control with, another entity; Business Day • means a day other than a Saturday, Sunday or bank or public holiday in England; Business Plan • means the business plan set out in Schedule 6 as modified by the Manufacturer from time to time by giving written
NEWS
Arbitration analysis: In a decision of 24 February 2026, the Paris Court of Appeal dismissed Team France SAS (Team France)’s action to set-aside a French Arbitration Association (AFA) award in favor of M. [W] [B] (M. [B]) and his company SASU Immo Dream (Immo Dream) (the Award). Team France sought annulment of the Award on the basis of an alleged violation of due process under Article 1492(4) of the French Code of Civil Procedure (FCCP), arguing that the arbitral tribunal relied on a belated argument submitted in the post-hearing phase and on additional grounds that it raised sua sponte without giving the parties an opportunity to comment. The court dismissed all allegations of due process violations. It started by recalling that, under Article 1466 of the FCCP, a party who fails to raise a procedural irregularity in a timely manner during the arbitration shall be deemed estopped from relying on it later. The court further explained that arguments addressed during the hearing and in the post-hearing submissions cannot be challenged before the annulment judge if the party failed to raise the alleged irregularity before the arbitral tribunal and to request the reopening of the proceedings. The court also clarified that the tribunal did not violate due process by: finding Team France’s claim for a reduction of damages raised in its post-hearing brief inadmissible as Team France could have requested to reopen the proceedings but failed to do so; and relying on the absence of certain documents at the time the contract was executed, to conclude that it must be deemed rescinded. The tribunal had requested these documents, which had been included as appendices to a pre-contractual document submitted in the arbitral proceedings, from the parties, to no avail. Written by Julie Spinelli, partner, Emma Ruby, associate, and Marta Kakounis, trainee, at Le 16 Law.
PRECEDENTS
This Agreement is made on [date] Parties 1 [insert name of party] [of OR a company incorporated in England and Wales under number [insert registered number] whose registered office is at] [insert address] (Manufacturer); and 2 [insert name of party] [of OR a company incorporated in [country] under number [insert registered number] whose registered office is at] [insert address] (Distributor); each of the Manufacturer and the Distributor being a party and together they are the parties. Background (A) The Manufacturer manufactures [and supplies] the Products. (B) The Distributor has agreed to distribute [and support] the Products on [an exclusive OR a shared exclusive] basis in the Territory in accordance with the provisions of this Agreement. The parties agree: 1 Definitions 1.1 In this Agreement: Active Sales • has the meaning given in Article 1(1)(l) of VBER; Affiliate • means any entity that directly or indirectly Controls, is Controlled by, or is in under common Control with, another entity; Business Day • means a day other than a Saturday, Sunday or bank or public holiday in England; Business Plan • means the business plan set out in Schedule 6 as modified by the Manufacturer from time to time by giving written notice to the Distributor; Confidential Information
PRACTICE NOTES
STOP PRESS: In March 2025, the government announced its intention to consolidate the Payment Systems Regulator (PSR) and its functions primarily into the Financial Conduct Authority. The move is intended to streamline the regulatory environment, reduce overlap, and allow businesses to focus on innovation and service delivery. HM Treasury consulted on the regulatory approach to achieving this consolidation on 8 September 2025. The government proposes to move the functions of the PSR into the Financial Services and Markets Act 2000. No new categories of persons will be brought in scope of payment systems regulation and the FCA's conduct and prudential regulatory remit in relation to payment services providers will not be changed. The relevant statutory amendments to achieve the merger of the PSR and the FCA were included in the Financial Services and Markets Bill 2026 introduced in Parliament on 19 May 2026. In the interim, the PSR and FCA plan to collaborate closely. Forthcoming Change: The Financial Services and Markets Act 2000 (Cryptoassets) Regulations 2026,
NEWS
Banking & Finance analysis: This News Analysis provides a summary of the cases we have alerted in Banking & Finance from October 2025.
NEWS
Employment video analysis: In this second instalment in our series on grey areas arising from the recent statutory changes to holiday entitlement and pay, Cathy Hoar, solicitor, and Sarah Watson, barrister, members of the Lexis+® UK Employment team, discuss the new categories of irregular hours and part-year workers that are being introduced for holiday years beginning on or after 1 April 2024.