ARCHIVED: This Practice Note has been archived and is not maintained. Postponement and sentence The court should usually make a confiscation order before the defendant is sentenced. However, if confiscation proceedings have not concluded before sentence, then they may be started and postponed so that they conclude after sentence. Such commencement and postponement must take place within 56 days from the imposition of the sentence (ie the period within which a sentence can be varied or rescinded under section 385 of the Sentencing Act 2020 (SA 2020)—the ‘slip rule’). Confiscation proceedings may be postponed for a specified period of up to two years from the date of conviction (the permitted period). If there was more than one offence, the date of conviction is the most recent date on which the defendant was convicted. The period of postponement may itself be extended but any extension must take effect within the permitted period of two years, unless there are found to be exceptional circumstances. In R v Haden, the Court of Appeal held that where

Restructuring & Insolvency analysis: Edward Rowntree, barrister of Hardwicke, considers the discretion afforded to judges to postpone the sale of a bankrupt’s home in light of the decision in Grant v Baker where the High Court overturned the indefinite postponement of sale ordered by a judge seeking to protect a vulnerable individual residing at the property.

What does this Practice Note cover? This Practice Note summarises the cure periods for each Event of Default set out in Section 5 of the ISDA Master Agreement in both bullet point format and in a table. Under an ISDA Master Agreement, if an Event of Default (as set out in Section 5(a) of the ISDA Master Agreement) occurs, often the Defaulting Party is given a period of time in which to 'cure' the default. This means that until that cure period has ended, the derivative transaction cannot be terminated early on the grounds of an Event of Default. The different Events of Default have differing cure periods which are set out below. In general, the cure periods are shorter under the 2002 ISDA Master Agreement. The reason for this is that the ISDA working group was concerned that in periods of market uncertainty, the cure periods under the 1992 ISDA Master Agreement were too long and would add to market uncertainty and stress. Each

Circumstances or state of affairs that may or will result in the occurrence of an event of default.

Public Law analysis: The High Court refused to strike out or summarily dismiss Bromcom’s unlawful means conspiracy claim alleging that Arbor’s responses during a public procurement process amounted to actionable implied misrepresentations about its financial standing. Although Arbor’s stated Experian score was accurate, the court held that the wider context, including its comments about that score and its response concerning audited accounts, meant that the alleged implied representations were sufficiently arguable to proceed to trial. However, the court struck out Bromcom’s alternative case alleging a freestanding duty to disclose financial information. The decision highlights the potential exposure of successful tenderers where factually accurate procurement responses may nevertheless convey misleading implied representations, and underlines the importance of ensuring that tender submissions present an accurate overall picture. Produced in partnership with Ed Williams of DWF Law LLP.

CASE HUB ARCHIVED–this archived case hub reflects the position at the date of the decision of 18 September 2015; it is no longer maintained. See further, timeline and commentary. Case facts Outline UK merger investigation into the anticipated acquisition by Poundland plc of 99p Stores Ltd. The transaction involves a horizontal overlap in the market for value retail. The CMA cleared the merger after a phase 2 investigation on 18/09/2015 Latest developments On 18 September 2015, the CMA unconditionally cleared the transaction, confirming its provisional findings. Parties Poundland plc, based in the UK and listed on the London Stock Exchange, is Europe’s largest single price value general merchandise retailer. It has over 600 stores in the UK, Republic of Ireland and Spain (it trades under the 'Dealz' brand in the Republic of Ireland and Spain). 99p Stores Ltd is a family-owned and run company based in the UK. It has 251 stores under two brands–‘99p Stores’ and ‘Family Bargains’. Background On 6 February 2015, it was announced that Poundland plc had agreed to acquire 99p Stores

CASE HUB (NOTE—appeals lodged before the General Court in Cases T- 419/14, T- 422/14, T- 438/14, T- 439, T- 441/14, T- 444/14, T- 445/14, T- 446/14, T- 447/14, T- 448/14, T- 449/14, T- 450/14, T- 451/14, T- 455/14 and T- 475/14, see Cases T-422/14 et al–Viscas and others v Commission (power cables cartel) [Archived]) ARCHIVED–this archived case hub reflects the position at the date of the decision of 2 April 2014; it is no longer maintained. See further, timeline and commentary. Case facts Outline European Commission Article 101 TFEU investigation into a cartel in the market for high-voltage power cables (AT.39610). The Commission imposed fines totalling €301.6m on 02/04/2014. Parties • ABB • Nexans• Prysmian (previously Pirelli)• J-Power Systems (previously Sumitomo Electric and Hitachi Metals) • VISCAS (previously Furukawa Electric and Fujikura)• EXSYM (previously SWCC Showa and Mitsubishi Cable)• Brugg• NKT• Silec (previously Safran)• LS Cable• Taihan. The defendants include most of the world's leading producers of high-voltage power cables. Several of the companies initially in the cartel merged their activities into joint ventures and others were sold during the cartel. Background The

A communication network that uses existing power lines to send and receive data by using electrical signals as the carrier. Power flows on the line at 50–60 Hz while data is sent in the 1 MHz range.

A power of attorney is a document that is entered into as a deed under which one party (known as the donor) grants to the other party (known as the attorney) the power to act on behalf of and in the name of the donor.

1 If the Contractor fails to execute and deliver any collateral warranty

1 Appointment and powers We, [insert name of company] a company incorporated in [England and Wales] under number [insert registered number] whose registered office is at [insert address] (Company), HEREBY APPOINT on [insert date] [insert name of attorney] of [insert address of attorney] to be the Company’s true and lawful attorney (Attorney) with full power, authority and legal right in the name and on behalf of the Company: 1.1 to do and perform any and all acts, matters and things and to have the absolute discretion to approve the form and content of and to execute, deliver, seal and sign any and all deeds, contracts, consents, letters or other documents, whether as deeds or otherwise, and to grant any authorisations or consents which may be required by the Company which the Attorney may in their sole and absolute discretion consider necessary or desirable in connection with the proposed agreement between the Company and [insert name of other party to the commercial agreement] (Party B) in connection with [insert description of the subject matter of the

Power of attorney 1 Appointment, powers and definitions [name of grantor], [of OR incorporated in England and Wales with company registration number [number] whose registered office is at] [address] (the Grantor), Hereby appointS on [date] [name of attorney] of [address of attorney] to be the Grantor's true and lawful attorney (the Attorney) in connection with the Transaction. 1.1 In this power of attorney, the following definitions apply: Property [address and description of Property]; Transaction [description of the Transaction, eg the purchase of the Property by the Grantor from [insert details of seller]]. 1.2 The Attorney may, with full power, authority and legal right in the name and on behalf of the Grantor: 1.2.1 do and perform any and all acts, matters and/or things (and has the absolute discretion to approve the form and content of and to execute, deliver, seal and sign any and all deeds, agreements, consents,