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PRACTICE NOTES
ARCHIVED: This archived Practice Note observes the impact made on the TMT sector following the end of the implementation period under the Withdrawal Agreement and the EU (Withdrawal Agreement) Act 2020. 11 pm (GMT) on 31 December 2020 marked the end of the implementation period put in place to enable the UK to transition away from the EU’s laws and institutions. At this point in time (referred to in this document as ‘IP completion day’) there was an immediate and significant change in the UK’s legal regime. This Practice Note explains the implications of this change in relation to the following areas of TMT law and practice: • Overview—what happened on 31 December 2020 • TMT implications of the EU-UK Trade and Cooperation Agreement • Access to EEA workers • Technology contracts • Drones • Internet of things • Software licensing • Cloud computing • E-commerce • Domain names • ePrivacy • Data protection • Media • Telecoms • Advertising • Databases • Defamation For a tracker of key TMT Brexit legislation and guidance, see
NEWS
This week's edition of PI & Clinical Negligence weekly highlights includes an analysis of a High Court judgment which found that the defendant was not vicariously liable for an independent contractor. We also consider personal injury claims involving e-scooters including the legal framework governing their use, the distinction between private and rental use, the common types of personal injury claims involving e-scooters, and possible future regulatory reform. In addition, we have our usual round-up of other news, cases, webinars and New Law Journal articles of interest.
NEWS
Energy analysis: 2024 has been a dynamic and interesting year for energy law and policy. The Energy team at LexisNexis® look back at some of the key developments in 2024 and highlight what to look out for in 2025 with respect to: hydrogen, Carbon Capture, Usage and Storage (CCUS), the National Energy System Operator (NESO), grid connections reform, the Review of Electricity Market Arrangements (REMA), proposed government support for Long Duration Energy Storage (LDES), Contracts for Difference (CfDs), the Capacity Market, the establishment of Great British Energy (GB Energy), changes to planning law and policy which impact on the development of energy projects, and climate litigation.
NEWS
This week's edition of Property Disputes weekly highlights includes: commentary on the Renters’ Rights Bill, High Court decisions on an expert determination clause and possession against protestors, County Court cases involving a trustee’s application for a declaration as to beneficial ownership and an application for permission to bring a claim without a named defendant pursuant to CPR r 8.2A, and an Upper Tribunal decision on strike-out of a case in the First—tier Tribunal.
NEWS
This edition of Employment weekly highlights includes: (1) a Supreme Court decision on vicarious liability of the Crown in relation to the actions of Scottish sheriffs, (2) an EAT ruling on the treatment of recruitment costs when determining unfavourable treatment in an age discrimination claim, (3) an employment tribunal decision that an employer harassed a gender critical employee in its handling of an argument over access to female changing facilities and a second tribunal case that allowing use of female toilets by transgender women was not discriminatory or harassment, (4) new client guides on bringing and defending employment tribunal claims, disclosure, giving evidence, and unfair and wrongful dismissal, (5) the January 2026 edition of the Industrial Relations Law Reports (IRLR), (6) dates for your diary, and (7) other news items of interest to employment practitioners.
PRACTICE NOTES
Insurance premium tax (IPT) is an indirect tax on insurance premiums. Unless an exemption applies, IPT is charged as a percentage of the premium paid on certain types of insurance policies issued by certain types of insurers covering risks located in the UK. The economic cost of IPT is typically borne by the policyholder, but the tax itself is collected and paid to HMRC by the insurer by reference accounting periods of three months. Strictly speaking, the premium includes IPT. Accordingly, the legislation distinguishes between the premium and the ‘chargeable amount’ (the amount before IPT is added). The premium is the chargeable amount plus IPT. For more information on the meaning of ‘premium’ for IPT purposes, see: Premium below. IPT is chargeable at 12% of the chargeable amount, the standard rate, unless the premium is liable to the higher rate of 20%. Legislation and guidance The main sources of legislation are: • the Finance Act 1994 (FA 1994), and • the Insurance Premium Tax Regulations 1994, SI 1994/1774
NEWS
This week's edition of Property weekly highlights includes: an interim statement from the Law Commission on security of tenure for business tenancies, a Supreme Court decision on the Etridge protocol in hybrid transactions, more coverage of cases on the use of section 234 of the Insolvency Act 1986 and the recovery of insurance rent and cases on recoverability under DPA 1972, service charge liability, specific enforcement and rates mitigation.
PRACTICE NOTES
This Practice Note is intended as an introductory guide to acquisition finance for those with no, or limited knowledge of the area. It explains: • what is meant by acquisition finance • parties and documents on an acquisition finance transaction • how acquisition finance transactions are typically structured • the main stages of an acquisition finance transaction • the key areas of relevant law, and • recent developments of particular relevance to the leveraged finance market It also contains links to relevant resources within Lexis+. Understanding key terminology There is a large amount of terminology and jargon on acquisition finance transactions. For an explanation of commonly used terms, see Practice Note: Glossary of acquisition finance terms and jargon. It may be helpful to read this Practice Note in conjunction with the glossary. What is meant by the term acquisition finance? Acquisition finance transaction The term 'acquisition finance transaction' is usually used to describe an acquisition of a business substantially funded by debt which has been specially raised for the purpose of making the
PRACTICE NOTES
This Practice Note examines the issues for both a developer landlord and a prospective tenant in relation to an agreement for lease with development obligations (otherwise known as a ‘pre-let’ or ‘pre-letting agreement’) where: (i) the property to be let has not yet been constructed or will undergo substantial refurbishment, (ii) the landlord is to completion of the required works by a projected target date, and (iii) following which the tenant will take a lease of the property. It also considers ancillary issues in relation to early access, tenant’s fit out, insurance, etc. Terminology in this Practice Note This Practice Note uses the following terminology: ‘Pre-let’ A ‘pre-let’ is an agreement for lease with major developer’s works. This type of agreement is also sometimes referred to as a ‘pre-letting agreement’ or a ‘development agreement’, but the latter term in particular has the potential to cause confusion because it is also used to describe either: • a ‘stand alone’ development agreement, where a landowner contracts with a developer to carry out a development project,
PRACTICE NOTES
Software can be broadly defined as a computer program comprising a series of instructions which, in combination with the underlying hardware and inputs from an end user, allow or cause a computer to perform a specific operation. There are various categories of software based on the operation it causes the computer to perform. For example, operating systems such as Microsoft Windows or Apple’s macOS control and manage a computer’s basic functions. A computer’s operating system is what recognises input from devices like the keyboard and mouse, sends output to the monitor and manages the sharing of memory between programs. At the other end of the scale are applications which sit on top of the computer’s operating system and provide a particular, visible function to the end user of the machine. Examples of applications range from word processors to media players to games. A software licence is a binding agreement that grants a customer the right to use a defined piece of software subject to certain
GLOSSARY
A documentary letter of credit is where the buyer under an international sales contract procures his bank to issue an irrevocable credit in favour of the seller to pay an agreed sum of money against tender by the seller of the shipping documents.
PRACTICE NOTES
STOP PRESS: In March 2025, the government announced its intention to consolidate the Payment Systems Regulator 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. It is not clear when the change will come into effect but HM Treasury has said in a letter that it intended to consult on the details of the proposal over the course of summer 2025. HM Treasury opened a public consultation on 8 September 2025 (which closed on 20 October 2025) setting out options for a streamlined payments regulatory architecture. This will see the FCA take on the PSR’s responsibilities, including for promoting competition and innovation in payment systems and the services provided by payment systems, as well as supporting the interests of consumers and businesses who make payments every day. Legislation will follow when Parliamentary time allows. In the interim, the PSR and FCA plan to collaborate closely. Scope of this Practice Note The Payment Accounts Directive