Dispute Resolution analysis: The High Court has recently clarified the circumstances in which a party will be allowed to rely on witness statements outside the original proceedings in which they are served. In ongoing injunction proceedings to prevent the publication of a BBC investigation report into sexual abuse claims, the court found that the accused should not be allowed to rely on sensitive extracts of that report when making his representations to the police to dissuade them from charging him. Mrs Justice Rice J held that such a decision did not violate the accused claimant’s Human Rights , as he would be able to rely on the report at trial. This decision is most useful in clarifying the circumstances in which the court will allow a witness statement to be used for an alternative purpose, both in civil procedure under CPR 32.12(2) and under the Police and Criminal Evidence Act 1984 (PACE 1984). Written by Natalie Todd, partner, and Samuel Peters, paralegal, at Cooke, Young & Keidan.

A dominant firm's refusal to supply products, provide access or to license its intellectual property rights to other firms (sometimes including its competitors) may amount to an abuse of a dominant position, particularly where the refusal amounts to a foreclosure of a downstream market.

Restructuring & Insolvency analysis: The High Court refused to extend time for members to challenge the liquidators’ admission of a proof of debt under rule 14.8 of the Insolvency (England and Wales) Rules 2016 (IR 2016), SI 2016/1024, applying the Denton framework. A delay exceeding one year was held to be serious and unexplained, and granting relief would render the 21-day period in IR 2016, SI 2016/1024, r 14.8 meaningless and undermine the policy of expedition in insolvency proceedings. The applicants’ arguable merits and the substantial sum in dispute carried limited weight, particularly given procedural failures, including non-compliance with notice requirements. The decision underscores the strict enforcement of short time limits, the limited tolerance for delay, and the importance of procedural compliance when challenging proofs of debt. Produced in partnership with Dale Timson of Enterprise Chambers.

In CPR 7 claims, there will ordinarily be costs budgets, which will stand as the estimate of costs. Cases where an estimate of costs will be relevant otherwise will likely be CPR 8 claims, or those CPR 7 claims where costs budgeting does not apply or has been dispensed with. The alternative procedure for claims set out in CPR 8 is designed for those cases in which the claimant seeks the court’s decision on a question which is unlikely to involve a substantial dispute of fact (CPR 8.1(2)(a)) or where a rule or Practice Direction requires or permits the use of the Part 8 procedure (CPR 8.1(2)(b) and CPR 8.1(6)). An example of a rule requiring the use of CPR 8 is claims brought under CPR 64. By CPR 8.9(c), a Part 8 claim is treated as allocated to the multi-track. CPR 29 governs multi-track claims. CPR

It is assumed that the method of equalisation contemplated in the question envisages asking all scheme members (not just those being discriminated against) to choose a normal retirement date of NRD of 60 or 65. Since the case Barber v Guardian Royal Exchange, occupational pension schemes are required to have their normal retirement dates (NRD) equalised for both men and women, in application of the equal pay principle originally set out in Article 119 of the Treaty of Rome. European and domestic caselaw has sought to clarify what this means in practice. In particular, in Coloroll Trustees v Russell, the European Court of Justice held that during the Barber window (ie from 17 May 1990 to the date on which a scheme has equalised its benefits), the less favoured class must be given the benefits awarded to the

Schedule 8 to the Building Safety Act 2022 (BSA 2022) provides that certain tenants of 'qualifying leases' have protection from service charges for remedying relevant defects. BSA 2022, Sch 8, para 13 provides that certain leases are: ‘...to be treated for the purposes of this Schedule as a qualifying lease unless— (a) the landlord under the lease has taken all reasonable steps (and any prescribed steps) to obtain a qualifying lease certificate from a tenant under the lease, and (b) no such certificate has been provided to the landlord.’ In England,

CRR transitional provisions The transitional provisions of the Capital Requirements Regulation (CRR) (Regulation 575/2013) are set out in Part Ten of the CRR. Article 521 within Part Eleven of the CRR sets out that the CRR applies from 1 January 2014 with the exception of the list of articles set out in Article 521 2(a), (b) and (c) (which does not include Article 63). Chapter 2 of Part Ten sets out arrangements with regards to the grandfathering of capital instruments and derogations from the wording in Article 63 for certain types

The Debt Respite Scheme (Breathing Space Moratorium and Mental Health Crisis Moratorium) (England and Wales) Regulations 2020 (the Regulations), SI 2020/1311, came into force on 6 May 2020. The Regulations, SI 2020/1311, allow an individual with debt issues to apply for a breathing space moratorium which, in essence, freezes interest and charges on debt, and prevents creditors from taking enforcement action against debts. An individual receiving mental health treatment can apply for a mental health crisis moratorium. A breathing space moratorium lasts for up to 60 days. A mental health crisis moratorium lasts for the duration of the debtor’s mental health treatment, plus 30 days. A moratorium does not in itself deal with the debtor’s debts and liabilities,

For information on the tripartite relationship between an agency worker, the agency with which they have a contract and the hirer or end user (sometimes known as the principal), see Practice Note: Employment status of agency workers. For information on the right to be accompanied to a disciplinary or grievance hearing generally, see Practice Note: The right to be accompanied. Under section 10 of the Employment Relations Act 1999 (ERA 1999), a worker who is required or invited by their employer to attend a disciplinary or grievance hearing, and makes a reasonable request to be accompanied, has the right to be accompanied at that hearing. Workers may choose the person they wish to accompany them. That person must be: • another of the employer's workers or • a trade union

The Right to Buy is set out in Part V of the Housing Act 1985 (HA 1985) and gives to most council tenants who are secure tenants the right to acquire the interest of their landlord (ie the freehold if that is owned, or if the landlord does not own the freehold or the dwelling-house is a flat, the right to be granted a lease: see HA 1985, s 118), at a discount. By HA 1985, s 118(2),

This response deals with the position before the introduction of the new national restrictions from 5 November. The Health Protection (Coronavirus, Wearing of Face Covering in a Relevant Place) (England) Regulations 2020, SI 2020/791, reg 3(1), provides that ‘No person may, without reasonable excuse, enter or remain within a relevant place without wearing a face covering’. In the context of employment, the requirement in SI 2020/791, reg 3(1) does not generally apply to employees or workers (SI 2020/791, reg 3(2)), however it does apply

ARCHIVED: This Practice Note has been archived and is not maintained. This practical guidance relates to the pre-Procurement Act 2023 regime This Practice Note contains guidance relevant to public procurement exercises commenced before the Procurement Act 2023 (PA 2023) came into force on 24 February 2025. In-scope procurements begun on or after this date are governed by PA 2023. Under the transitional and savings provisions for PA 2023, the previous public procurement regimes continue to apply to the extent necessary to allow contracting authorities to complete and manage procurements commenced before PA 2023 came into force (ie ongoing procurements). This Practice Note should be read in that context. For background reading, see Practice Note: Introduction to the Procurement Act 2023—PA 2023. Further practical guidance on PA 2023 is set out in a separate subtopic, see: Procurement Act 2023—overview. Public procurement in a development agreement context This Practice Note is intended to assist contracting authorities (including local authorities and bodies governed by public law) looking to facilitate regeneration