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NEWS
Dispute Resolution analysis: In this article, Kenny Henderson (Partner), Philip Woodfield (Partner) and Rachel Harrison (Senior Associate) at Cameron McKenna Nabarro Olswang LLP (CMS) examine two recent judgments, Wirral Council v Indivior and another and Barclays Bank UK PLC v Shaun Richard Terry and another in which claimants sought a bifurcated process, with different outcomes.
PRACTICE NOTES
This Practice Note provides guidance to lawyers representing whistleblowers in criminal investigations. For information on the employment law aspects of whistleblowing, see: Whistleblowing—overview and, in particular, Practice Notes: Entitlement to claim whistleblowing, Whistleblowing—protected disclosures and Whistleblowing defences and exceptions. For information on how to respond to a whistleblower when advising a company or organisation, see Practice Note: Dealing with a whistleblower in internal criminal investigations. To blow the whistle or not to blow the whistle? Employees who decide to blow the whistle are protected by the Employment Rights Act 1996 (ERA 1996), provided the disclosure made is a 'protected disclosure'. For more information about whistleblowing legislation and what constitutes a 'protected disclosure', see Practice Note: Whistleblowing—protected disclosures. For individuals working in the financial services sector, there are protections to ensure that individuals who raise 'reportable concerns' are not victimised. For more information, see Practice Note: Whistleblowing—UK regulatory issues. Preliminary considerations Blowing the whistle can be an important tool in mitigating potential risk to employers,
GLOSSARY
Recycling of spent nuclear fuel into reusable uranium, plutonium and fission products. In the UK this work is currently carried out at the THORP facility at Sellafield in Cumbria, although the THORP plant will be closed in 2018. In France, AREVA operates the La Hague facility on the French Cotentin Peninsula. It has been in operation since 1976, and has a capacity of about 1700 tonnes per year. Japan has a not dissimilar facility at Rokkasho.
GLOSSARY
A performer has the right to prevent the reproduction of the performer's work.
NEWS
The Republic of Albania has released the draft Arbitration law. On 20 April 2023, the draft law was approved by the Council of Ministers.
NEWS
The Irish Department of Enterprise, Trade and Employment has approved the proposal to hold a constitutional referenced on the Republic of Ireland’s participation in the Unified Patent Court (UPC) in June 2024. A priority drafting of a Bill to give effect to the proposed amendment has also been approved, and the General Scheme of the Bill was published in the hopes of obtaining approval for the publication of the Bill and its priority initiation in the Dáil.
PRACTICE NOTES
This Practice Note is part of a multi-jurisdictional guide addressing essential aspects of forming specific business entities in global jurisdictions. Leading law firms in the Multilaw global law firm network answer key questions on this topic. This guide discusses key considerations when forming a joint stock company in the Republic of Korea. Current as of 13 January 2023. Authors: Hyeong Gun Lee, Ki Wook Kang, Yi Jun Chang and Junghae Kang, Lee & Ko, a Multilaw member firm Common entities 1. What form of entity is the subject of this questionnaire? What other forms of entities are commonly used in this jurisdiction and are the subject of another questionnaire response? The subject of this response is the joint stock company—Chusik Hoesa. 2. Identify other types of entities in your jurisdiction that exist but will not be the subject of a questionnaire response at this time • Limited (liability) company—Yuhan Hoesa • Limited liability company—Yuhan Chaekim Hoesa • Unlimited partnership company—Hapmyung Hoesa • Limited partnership company—Hapja Hoesa General principles 3. What
NEWS
The Permanent Court of Arbitration (PCA) reports that the Republic of Rwanda has commenced arbitral proceedings against the United Kingdom of Great Britain and Northern Ireland by Notice of Arbitration dated 24 November 2025, pursuant to Article 22 of the Agreement for the Provision of an Asylum Partnership. The arbitration is conducted under the PCA Arbitration Rules 2012, with the PCA acting as Registry in accordance with Article 1(3) of the Rules.
PRACTICE NOTES
Nature of republication Publication was a declaration by the testator to the witnesses that the Will was theirs. The process of publication of a Will is no longer necessary. Section 13 of the Wills Act 1837 (WA 1837) provides: ‘Every Will executed in manner herein-before required, shall be valid without any other publication thereof.’ Revival and republication of a Will serve different purposes. Revival restores a revoked Will or codicil. Where a testator has revoked their Will and they wish to revive that Will, they may write out the revoked Will again and execute it in accordance with WA 1837, s 9 (see WA 1837, s 22). On the other hand, republication just confirms an unrevoked testamentary instrument. The use of the term republication has been subject to criticism. Lord Porte in Berkeley referred to it as 'an expression now meaningless, but still unhappily in use'. Republication methods Republication is possible by two methods: express or constructive republication. Express republication Express republication takes place where a testator re-executes their Will, with the necessary formalities
PRACTICE NOTES
This Practice Note concerns repudiation and sets out what a repudiatory breach of contract means. It explains how a repudiatory breach goes to the core of the contract and the options or remedies available to an innocent party as a result of the other party’s repudiation, which include either accepting the repudiatory breach and treating the contract as ended, or affirming the contract. This Practice Note explains the meaning of an anticipatory breach of contract and considers when that may also be a repudiatory breach. Termination for repudiatory breach is a common law right and a complex area of law, well documented with cases. If a party is seeking to terminate a contract for another party’s repudiatory breach the advice is to proceed with caution. It is not a risk-free strategy for termination, and each case should be evaluated on its own facts. Where a party purports to terminate a contract for the repudiatory breach of another party and the circumstances turn out not to amount to a repudiation, the act of termination could mean that the terminating
PRACTICE NOTES
Repudiation of a contract occurs where one party communicates to the other (through words or conduct) that they no longer intend to be bound by it, usually by committing a major breach of a significant obligation in the contract. The innocent party can then decide whether to: • elect to continue the contract and seek to enforce performance and/or claim damages (see Practice Notes: Specific performance of property agreements and Contractual damages—general principles), or • accept repudiation and treat the contract as at an end (known as rescission or discharge for breach). Both parties are discharged from further performance of the contract and the innocent party can sue for damages caused by the repudiation. There must be clear and unequivocal acceptance of the breach. Mere inactivity or acquiescence is generally not sufficient For guidance on ending a contract by serving notice to complete, see Practice Note: Notice to complete. Repudiatory breach To be repudiatory, the breach must go to the root of the contract. Its effect must be to: • deprive the innocent party of substantially
GLOSSARY
A repudiatory breach is a breach of contract that goes to the very core of the contract and gives the innocent party the right to treat the contract as being disregarded and entitling the innocent party to refuse to be bound by its terms.