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GLOSSARY
A particular type of radioactive decay in which a beta particle is emitted from an atom. Beta decay can occur in two forms: Beta minus or Beta plus.
GLOSSARY
Beta decay in which an electron is emitted from an atom (?-).
GLOSSARY
An electron emitted by the nucleus of a radionuclide in beta decay.
GLOSSARY
Beta decay in which a positron is emitted from an atom (?+).
NEWS
Property analysis: On 29 January 2024 the BBP launched its updated Green Lease Toolkit, which is available for anyone to access, free of charge. Cheryl Gurnham, partner at CMS Cameron McKenna Nabarro Olswang LLP and Warren Gordon, senior professional support lawyer at CMS provide comments on some of the commonly asked questions.
NEWS
In response to the European Insurance and Occupational Pensions Authority’s (EIOPA) staff paper published 11 September 2024 on the slow uptake of the Pan-European Personal Pension Product (PEPP), Better Finance, the European Federation of Investors and Financial Services Users has issued a position paper supporting EIOPA's analysis whilst proposing specific improvements. Better Finance endorses retaining the 1% fee cap for the basic PEPP option and recommends expanding the product's target market through feature adjustments rather than fee increases. Key suggestions include ensuring equal tax treatment across Member States and simplifying PEPP features, potentially modelled on the US Individual Retirement Account system. Better Finance emphasises that these changes could transform PEPP into a competitive, low-cost pension option that addresses both consumer needs and policymakers' goals for long-term savings allocation in the EU economy.
NEWS
Better Finance has published a report titled ‘BETTER FINANCE Transition of Capital Flows Report January 2025’ providing a comprehensive analysis of shareholder engagement and the transition of capital flows in Europe, structured into five key chapters. It highlights the importance of coordinated efforts from policymakers, professional investors, and corporate issuers to overcome barriers and promote effective transition investing. The report proposes policy and practical recommendations, accompanied by unique Principles for Transition Investing Engagement. These recommendations aim to achieve greater alignment between shareholder interests and corporate sustainability objectives.
NEWS
Dispute Resolution analysis: This judgment, concerning a multi-faceted claim for breach of warranty in the context of environmental wrongdoing, provides helpful guidance to both litigants and draftsmen involved in sale and purchase agreements. Judge Keyser QC examines some unusual wording in such a contract and its consequent effect on the claims in contract and tort available to the purchaser of an overvalued company with a concealed history of significant environmental wrongdoing. Written by Natalie Todd, partner and Anastasia Tropsha, lawyer at PCB Byrne LLP.
Q&As
It is likely that the buyer will bear the risk of damage to the property that has occurred between the buyer’s inspection/survey and exchange of contracts. The usual statement in a sale contract (see, for example, clause 7.2.3 in Precedent: Contract for sale—freehold, vacant possession or clause 7.1.3 in Precedent: Contract for sale (residential)—freehold, vacant possession (which incorporates the Standard Conditions of Sale, Fifth Edition)) is to the effect that the property is sold subject to and where
NEWS
Insurance & Reinsurance analysis: The Court of Appeal had to consider the correct approach to remoteness in assessing whether a single event could be considered causative of the insured loss in the context of business interruption insurance. In a clause merely requiring a connection between the single ‘event’ or ‘occurrence’ (as opposed to a reference a single ‘cause’), the search for causation, or for the single source of the losses will be much lighter touch. In turn, this means the requirement of remoteness will be applied with less rigour. Notwithstanding, this difference in wordings, the Court of Appeal has confirmed that the concept of remoteness applies in both contexts requiring that ‘the causative link…[is] a significant rather than a weak one’. Written by Lauren Godfrey, barrister at Gatehouse Chambers.
NEWS
Commercial Analysis: A discussion of the case of Su (also known as Hsin Chi Su, Su Hsin Chi and Nobu Morimoto) v Clarksons Platou Futures Ltd and another [2018] EWCA Civ 1115 in which the Court of Appeal considered section 14A of the Limitation Act 1980 (LA 1980). Mr Su had sought to argue an extension of the limitation time period on the grounds that he did not have the necessary knowledge until a time less than three years before issue and that therefore summary judgment should not have been entered against him on the grounds of a time bar. However, the summary judgment at first instance was affirmed—Mr Su had had sufficient knowledge of a potential claim when at court and the Court of Appeal had determined that there was a good arguable case that he had suffered the damage and not just when a court finally determined that he had suffered the damage. Accordingly, his three years had already run out before he issued. Written by Rosamund Baker, a tenant at Selborne Chambers.
NEWS
Commercial analysis: It is trite law that the absence of agreement on essential terms may prevent a contract from coming into existence on the ground of uncertainty. However, where a contract has come into existence, the use of words such as ‘to be agreed’ in respect of future executory obligations is not necessarily fatal to the contract’s continued existence. All will depend on the facts and on the construction of the words that the parties have used in their purported agreement. Dimitris Anassis, partner, and Reema Shour, professional support lawyer, both at Hill Dickinson, consider the court’s decision in KSY Juice Blends UK Ltd v Citrosuco GmbH.