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PRACTICE NOTES
Date Issuing body Document Description 7 March 2014 Commission Commission Delegated Regulation (EU) No 382/2014 of 7 March 2014 Commission Delegated Regulation (EU) No 382/2014 of 7 March 2014 sets out regulatory technical standards (RTS) for the publication of supplements to prospectuses, supplementing the Prospectus Directive. 20 December 2013 ESMA Final report on draft RTS in respect of the publication of a supplement to the prospectusBackground consultation paper The European Securities and Markets Authority (ESMA) published its final report setting out responses to the consultation and containing draft RTS setting out situations where there is an obligation to publish a supplement (see pages 57–61 of the report).The Commission has three months from this date to decide whether to endorse the draft RTS. 8 August 2013 Commission Commission Delegated Regulation (EU) No 759/2013 of 30 April 2013 Commission Delegated Regulation (EU) No 759/2013 of 30 April 2013 published amending the Prospectus Directive Regulation in relation to the disclosure requirements for convertible and exchangeable debt securities. 31
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An employment tribunal should consider an application for review (now reconsideration) even when the grounds of the application include an allegation that there has been a material procedural irregularity on the part of the tribunal at the hearing, eg a lay member appearing to be asleep. In carrying out a review the tribunal should set out the facts ensuring that all available evidence is gathered. It should then decide whether there was any such irregularity and, if there was, whether a fair-minded and informed observer would have concluded that there had not been a fair hearing. EAT: Elys v (1) Marks & Spencer (2) McKeown (3) Mellor.
PRACTICE NOTES
This Practice Note sets out the rare circumstances when the Employment Appeal Tribunal (EAT) may review its own orders. It explains the time limits for parties to request a review and grounds on which an order may be revoked or varied on review. The EAT may, either on application or of its own motion (if it considers it appropriate to do so), review any order made by it. The circumstances in which these powers may validly be invoked are rare. When reviewing an order, the EAT may revoke or vary it on the grounds that: • it was wrongly
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MLex: Germany and France want a broader, deeper review of the EU Audiovisual Media Services Directive to create a level playing field for all actors in the market regardless of the type of intermediaries and means of distribution. EU countries have commented on the latest draft of a political statement intended to influence an upcoming revision of the AVMSD. They touch on issues such as video-sharing platforms, the interplay with other digital laws, and a possible extension of a ‘prominence’ obligation for media services of public interest.
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MLex: The automotive industry is being asked for comments under a review by the European Commission of the EU's antitrust rules that apply to vertical agreements in the sector. The EU competition regulator started an evaluation of its Motor Vehicle Block Exemption Regulation (MVBER) in January 2024, and today said it wanted to hear stakeholders' views to ensure the rules 'keep pace' with rapid changes seen in the market. They have until May 23 to submit comments.
PRACTICE NOTES
What is REMA? In July 2022, the former Department for Business, Energy and Industrial Strategy (BEIS) (which no longer exists and the energy functions of which have subsequently been transferred to the Department for Energy Security and Net Zero (DESNZ)) published a consultation entitled: Review of Electricity Market Arrangements (2022 REMA Consultation), thereby launching the Review of Electricity Market Arrangements (REMA). The existing electricity market arrangements in GB were originally adopted to facilitate centralised, fossil fuel-based electricity generation. REMA is intended to identify the reforms needed to transition to a decarbonised, cost effective and secure electricity system by 2035 (taking into account the need to ensure security of energy supply), by addressing various existing market failures and limitations that hinder this transition. The original scope of the review, as set out in the 2022 REMA Consultation, is very broad and considers potential reform of all wholesale electricity related markets and all technologies that do, or could, participate in electricity markets. This includes enhancement of existing arrangements, eg through reform of the Capacity Market to better
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The Prudential Regulation Authority (PRA) has issued a statement to all PRA-regulated UK Solvency II firms and groups that are currently subject to PRA directions containing waiver or modification of PRA rules. A separate letter will be issued to third-country branches shortly.
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The Prudential Regulation Authority (PRA) has issued a statement in relation to the proposed permission requirement contained in CP5/24 – Review of Solvency II: Restatement of assimilated law, under section 138BA of the Financial Services and Markets Act 2023 (FSMA 2023), in respect of the recognition of an increase in deferred tax assets by firms in their calculation of the loss-absorbing capacity of deferred taxes (LACDT), as part of its restatement of Article 207 of Commission Delegated Regulation (EU) 2015/35, within the PRA’s policy framework. The PRA say that should it retain that component of the proposals in CP5/24 in its final policy, it is considering whether it is appropriate to introduce a temporary delay in implementing that requirement to provide firms with additional time to submit relevant applications for section 138BA permissions. The PRA plans to publish its final policy position on CP5/24 proposals in mid-November.
CHECKLISTS
This Checklist is intended as a neutral, comprehensive tool for reviewing medical expert reports. It assists both parties in litigation by ensuring the expert evidence is complete, internally consistent, supported by relevant records and compliant with CPR 35, CPR PD 35 and the 2014 Guidance for the Instruction of Experts in Civil Claims. Element of report Detail Commentary/points to check Complete Background Details Accident date or date of knowledge Clearly stated, verified and consistent with pleadings, chronology and records Claimant's personal details Name, date of birth, age correctly stated and consistent with other documents Occupation and dependants Clearly documented with name, date of birth, and age correctly stated, verified and consistent with other evidence Medical history Includes hospitals attended (names and dates), relevant GP details included and clearly identifies
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Law360, London: On 21 January 2025, the Ministry of Justice (MoJ) announced a call for evidence in relation to an expert review of the use of evidence generated by computer software in criminal proceedings. Here we will consider the hugely important area of computer evidence in criminal trials.
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Restructuring & Insolvency analysis: Replacement joint administrators successfully applied to vary or set aside an order fixing the former administrator's remuneration. While the order made in relation to the former administrator's pre-appointment costs and expenses was not varied, the court accepted submissions by the replacement joint administrators in relation to the former administrator's post-appointment remuneration and expenses and exercised its discretion under rule 12.59(1) of the Insolvency (England and Wales) Rules 2016 (IR 2016), SI 2016/1024 to vary its earlier order so that the former administrator's claim for remuneration and expenses should be subject to a detailed assessment if the former administrator elects. Although the former administrator was entitled to retain and pay his pre-appointment costs and expenses, he was liable to pay the balance of the funds in his hands to the replacement joint administrators. Written by Lucy Hallwright, associate at Addleshaw Goddard LLP.
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Corporate Crime analysis: Sophie Wood and Brooke Glover of Kingsley Napley consider the recent corporate manslaughter conviction of Deco-Pak and two other recent corporate manslaughter cases, Bosley Mill and Aster Healthcare, and what they tell us about the current approach to this offence.