The transfer in a single transaction of all the sums and assets held for the purposes of (or representing accrued rights under) the arrangements under the pension scheme from which the transfer is made, which relate to the member in question and at least one other member of that pension scheme.

Purpose There are three circumstances which give rise to the need for a block transfer of office-holder appointments: • where an office-holder dies • upon the retirement of an office-holder from practice • where an office-holder is otherwise unable or unwilling to continue in office An office-holder may be unable or unwilling to continue in office where they change firms or lose their licence to practice due to regulatory action. While insolvency appointments are personal to individual office-holders, some firms will insist that the insolvency cases of an insolvency practitioner (IP) remain with it and be transferred to IPs who are remaining with the firm. In these circumstances, arrangements will need to be put in place for the proper continuation and management of these insolvency cases. Other firms may be content for the relevant insolvency cases to move with the IP to their new firm with appropriate undertakings as to payment of their work in progress. Which arrangement takes place depends on the terms negotiated between the respective parties. In addition, it

FORTHCOMING DEVELOPMENT: Section 10 of the Finance Act 2022 will increase the normal minimum pension age (NMPA) from 55 to 57 on 6 April 2028 (save for members of the firefighters, police and armed forces public service pension schemes). The Finance Act 2022 will also give members of registered pension schemes a right to take their benefits before age 57, if on or before 4 November 2021 they either had an ‘unqualified right’ to take benefits or were in the process of a substantive transfer to a scheme offering an unqualified right to a protected pension age of less than 57 on or before 4 November 2021. To benefit from this new 2028 protection, the rules of the pension scheme must have included (on 11 February 2021) an unqualified right to take the entitlement to scheme benefits before age 57. For further information, see Practice Note: Increasing the normal minimum pension age (NMPA) to 57—pensions impact. As a general rule, members of registered pension schemes can only start receiving

A decentralised database (chain) stored in its entirety on each of a series of connected devices forming the blockchain network, where time-stamped digital data (blocks) are recorded onto each copy of the complete database and are made confidential by cryptography or hashing.

Banking & Finance analysis: While blockchain is discussed in increasingly excitable terms, questions still abound as to the real world implications of such a technological leap. Richard Usher, commodities lawyer at DLA Piper, examines the structure of the system as well as the nature of some of the problems it will solve, and those it won’t.

Blockchain has erupted into mainstream consciousness, driven in part by the meteoric rise of cryptocurrencies and the booming global fintech sector, with multiple consultations and discussions by regulators underway or completed around the world. Although blockchain and its related technologies are still relatively new, significant investment has been aimed at releasing the efficiencies and capturing the new business models which it is anticipated to offer. Much of the focus to date has been on the technical and commercial aspects. But for blockchain to realise its full potential it will need to navigate the new and existing legal and regulatory environments in which it will operate. The range of potential use cases and the stage of development at which this new technology finds itself, means that this Practice Note is, by necessity, a roadmap to understanding the key legal and regulatory issues which typically arise in relation to blockchain technology rather than a set of definitive answers. The detail of the legislation and regulation applicable to blockchain

It is important to consider the underlying finance documents to determine the requisite majorities of creditors which can block certain actions necessary to maintain an effective standstill, and to complete a successful restructuring (see Practice Notes: Key elements of a standstill agreement). Initial steps Increasingly companies have many different types of creditor, each with conflicting motives. It is important to review the finance documents and any intercreditor agreements (see Practice Note: Intercreditor agreements for R&I lawyers) to determine for each tranche of debt: • what majorities are required from each creditor constituency to waive any covenant breaches/events of default (common terms in a standstill agreement) or amend the finance documents • the process for enforcement actions plus the role of any security trustee/collateral agent/facility agent • whether there are any buy-out rights A valuation (see Practice Note: Where the value breaks and negotiating strength) will identify creditors likely to exercise blocking rights; those close to where the value breaks will maximise any blocking rights they have to secure a better deal. Majorities in syndicated loans For

The technical ability to block websites is within the power of internet service providers (ISPs) who provide the service of connecting users to internet content. The power for the court to order ISPs to take certain action in relation to copyright infringement originated from Article 8(3) of Directive 2001/29/EC (the EU InfoSoc Directive), which was implemented by section 97A of the Copyright, Designs and Patents Act 1988.

The Public Law for Everyone blog, written by Mark Elliott, Professor of Public Law at the University of Cambridge, has published a blog analysing the government’s white paper, ‘Restoring Order and Control: A statement on the government’s asylum and returns policy’. Elliott outlines the principal legal and constitutional questions arising from the proposals, which seek to reform the UK’s asylum system and its interaction with the European Convention on Human Rights (ECHR).

The LexisNexis Arbitration Blog has published its seventh annual survey of international arbitration statistics, written by James Clanchy, arbitrator in independent practice and member of the Lexis®PSL Arbitration Consulting Editorial Board. Clancy notes that in 2023 caseloads rose to their second highest and appointments of arbitrators to their highest levels in the eight years covered by the study. He welcomes the return of the International Chamber of Commerce’s (ICC) detailed statistical reports and he draws attention to the fact that the maritime and commodities sectors scarcely feature in the ICC’s caseload. He further acknowledges the growing demand for the ICC’s expedited procedure.

IP & IT analysis: A recent case in Ireland allowed two bloggers to rely on journalistic privilege to resist orders to testify in the US. What does the extension of protection beyond the bounds of traditional journalism mean for non-career journalists? Brendan Dillon, principal of Dillons Solicitors of Dublin, discusses the ramifications of the case.

Blood-alcohol content (BAC) describes the concentration of alcohol in a person’s bloodstream, usually expressed as milligrammes of alcohol per 100 millilitres of blood, or as a percentage. It is a central evidential concept in drink-driving offences and related road traffic prosecutions across England and Wales, Scotland, Northern Ireland and Ireland. BAC is not usually a defined term in its own right, but statutory limits and evidential rules are set out in legislation, including the Road Traffic Act 1988 (England and Wales, Scotland), the Road Traffic (Northern Ireland) Order 1995, and the Road Traffic Act 2010 (Ireland). The legally prescribed limit for drivers differs by jurisdiction (and, in some cases, by driver category), so practitioners must check the specific statutory provisions. BAC is typically established through evidential breath, blood or urine tests, subject to procedural safeguards and potential challenges (for example, reliability of equipment, chain of custody, medical issues). BAC levels are also relevant in criminal and civil litigation when assessing impairment, contributory negligence, or capacity, and may inform sentencing, insurance coverage disputes and employer disciplinary processes. Usage of the expression “BAC” is broadly consistent across the UK and Ireland.