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GLOSSARY
The Sterling Overnight Index Average (SONIA) and similar benchmarks are described as almost risk-free because the overnight transactions that constitute the input data reflect minimal credit risk. RFRs measure secured or unsecured overnight borrowing costs in the financial markets.
GLOSSARY
The amount of expected return that must be sacrificed in order to reduce risk.
PRACTICE NOTES
Introduction to risk under the FIDIC Red, Yellow and Silver Books The larger and more complex a construction project is, the greater the risks that both parties will face and the greater danger that the project may not be completed on budget, on time or to the required quality or performance standard. The FIDIC forms of contract are generally considered to be fair and balanced standard forms for construction projects and seek to pre-allocate risks arising out of those projects. The philosophy behind the FIDIC forms of contract is that risks should be assigned to the party that can best manage them. There was some criticism around the concepts and definitions relating to risk in the 1999 editions which FIDIC sought to address in the 2017 editions. However, the overall impact on the risk allocation was not very pronounced. FIDIC’s general approach remains that the party best placed to deal with certain risk is as follows: The FIDIC form selected will impact on the base risk allocation:
NEWS
Dispute Resolution analysis: The Chancery Division has ordered the disclosure of a confidential document referred to in the defendant’s defence under CPR 31.14. In doing so, it considered the meaning of ‘mentioned in’ a statement of case, applying the Court of Appeal’s decision in Rubin v Expandable and distinguishing this case from the Patent Court’s decision in Danisco v Novozymes. Having ordered the disclosure of the document, but being aware of the confidential nature of the document and the third party’s interests in seeking to maintain that confidentiality, the court also addressed the extent to which the document should be redacted, the formation of a confidentiality ring, protecting the documents from subsequent use under CPR 31.22(2) and restricting non-parties from being able to access the document from the court file without a court order pursuant to CPR 5.4C. This judgment is interesting to practitioners on the potential risks in referring to documents in statements of case and ways in which confidential information can be protected in the context of disclosure.
PRACTICE NOTES
CASE HUB ARCHIVED—this archived case hub reflects the position at the date of cancellation of the investigation on 3 May 2022 after the abandonment of the transaction; it is no longer maintained. See further, timeline. Case facts Outline UK merger investigation into the completed acquisition by Ritchie Bros Auctioneers Incorporated of Euro Auctions Group. The parties overlap in the supply of auction services for heavy construction machinery. Latest developments On 3 May 2022, the CMA formally cancelled its phase 2 investigation following the parties’ decision to abandon the merger. Parties • Ritchie Bros Auctioneers Incorporated (Ritchie Bro): Ritchie Bros provides auction services. It facilities the sale and purchase of used heavy machinery for the construction, agriculture and transport industries via aucitons, listing websites and marketplaces.• Euro Auctions Group (Euro Auctions): Euro Auction provides auction services. it conducts unreserved heavy equipment auctions with onsite and online bidding under the brands Euco Auctions and Yoder & Frey, with over 200 employees in 14 countries. Background On 8 July 2021, the parties announced that they had entered
NEWS
MLex: A Belgian court ruling on a key mechanism used to preserve privacy in relation to targeted online advertising has prompted a researcher to devise a new way for websites to track when users consent to targeted ads. The proposals are gaining traction to replace the current mechanism with a more transparent, user-controlled system. Critics still argue, though, that such fixes can’t salvage a system that's inherently unlawful under EU data protection rules.
NEWS
River Action has announced it has been granted consent to pursue judicial review by a High Court in Cardiff regarding the Environment Agency’s (EA) failure to protect River Wye from agricultural pollution. River Action claimed that the EA failed to prevent the spread of high levels of manure across agricultural land in the Wye River catchment and enforce the Farming Rules for Water. River Action further argued that had these critical environmental regulations been fully enforced by the EA, then the significant rise in levels of phosphorus in the soil across the catchment could have been significantly reduced.
NEWS
Riyadh International Disputes Week 2026 (RIDW26) will be held in Riyadh, Saudi Arabia, from 1 to 5 February 2026. The event will bring together stakeholders in dispute resolution, government, academia and businesses from local and international sectors, with a series of events and dispute resolution programmes focused on professional development and networking. The programme will include the Saudi Center for Commercial Arbitration's 5th International Conference and Exhibition on 4 February 2026, which is expected to draw over 1,200 attendees.
GLOSSARY
RoHS Directive refers in legal practice to the European Union regime restricting the use of certain hazardous substances in electrical and electronic equipment, and to its retained or implementing legislation in the UK and Ireland. It primarily concerns compliance, product safety, environmental regulation, CE and UKCA marking, and supply chain due diligence.The core EU instrument is Directive 2011/65/EU (RoHS 2), as amended, which limits specified substances (including lead, mercury, cadmium and certain phthalates) and requires conformity assessment, technical documentation and declarations of conformity. In England & Wales, Scotland and Northern Ireland, RoHS requirements are implemented through the Restriction of the Use of Certain Hazardous Substances in Electrical and Electronic Equipment Regulations 2012 (as amended), now part of retained EU law post‑Brexit. In Ireland, RoHS is implemented under national regulations made pursuant to EU law, continuing to track EU amendments.The term is widely used in contracts, regulatory advice, M&A due diligence, product liability and enforcement discussions to describe obligations on manufacturers, importers, distributors and authorised representatives, and associated risks such as regulatory investigations, product recalls, market withdrawal and criminal or administrative sanctions.
NEWS
Registers of Scotland (RoS) and National Records of Scotland (NRS) have announced that, from 17 November 2026, all Sasine deed requests post-1869 will be processed exclusively by RoS. NRS will continue to hold the historic Sasine volumes and burgh registers as part of its archival collections. NRS will continue to process requests for: (1) pre-1869 Sasine deeds; (2) Burgh, Particular and General Registers; (3) Books of Council & Session; (4) the Register of Inhibitions and (5) duplicate plans. From 17 November 2026, NRS will also charge £40 + VAT for any request to search the records for a legal purpose that does not contain a reference number, while the RoS fee for a Sasine deed will remain £25 + VAT. Fees for requests that include a reference number and those that fall under historical and academic research will remain unchanged.
GLOSSARY
Royal Society for the Prevention of Accidents
PRACTICE NOTES
Road Traffic Act 1988—general provisions The requirement for insurance cover in relation to the use of a motor vehicle and the extent of that cover are set out in Part VI, entitled ‘Third-Party Liabilities’, sections 143–162 of the Road Traffic Act 1988 (RTA 1988). It sets out the rights of injured persons against insurers. RTA 1988—relevant provisions Requirement to insure use of a motor vehicle RTA 1988, s 143: a person must not use (or cause or permit to be used) a motor vehicle on a road or other public place unless there is insurance cover in relation to the use of that vehicle. The Motor Vehicles (Compulsory Insurance) (Miscellaneous Amendments) Regulations 2019, SI 2019/1047, in force from 1 November 2019, removed the option of securities and deposits as alternatives to motor insurance. Although under SI 2019/1047, reg 5, a deposit made or security given before 1 November 2019 may continue to be effective until 1 November 2021. Extent of minimum cover required—the ‘compulsory risk’ RTA