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PRACTICE NOTES
What is a Royal Charter? The term 'Royal Charter' has transformed over time. Originally, a Royal Charter was a procedure by which the Crown could grant corporate personality to bodies of persons conducting activities for public, or private, benefit. Today, the term essentially describes an honorary status, which may be granted to eminent professional bodies or charitable organisations which have a record of achievement and are deemed financially sound in the opinion of the Privy Council. The term is sometimes used to refer to municipal charters, which establish towns and cities. Historical usage Obtaining a Royal Charter was the original mechanism to acquire corporate personality for bodies of persons conducting activities for public, or private, benefit. The first Royal Charter for a body of persons providing public benefit was granted to the University of Cambridge in 1231 and for private benefit to The Sadlers Company in 1272. As well as educational institutions, such as universities, and livery companies, a Royal Charter became increasingly linked to groups of persons carrying on a profession.
NEWS
The Jersey Legal Information Board has published the Royal Court (Samedi Division)'s decision on 13 November 2023 in the case of Representation of Zedra Trust Company (Suisse) SA re C and D Trusts [2023] JRC 213. Having considered the role of public policy and human rights legislation, the Royal Court has agreed to vary the terms of two discretionary trusts established in 1974 to allow for the addition of female beneficiaries despite this variation being contrary to the views expressed by the settlor. The Court noted that: ‘The views expressed by the Settlor would appear to be reflective of the culture and values of a different community in a different country in the 1970s, and it is reasonable for the trustees to conclude that they are not reflective of the culture, values and lifestyle of the current living beneficiaries (all of whom live in Country Y) as demonstrated by their support for the Trustee’s decisions.'
NEWS
The Jersey Legal Information Board published the Royal Court's (Samedi Division) decision in the case Representation of BOS Trustee Limited [2023] JRC242 on 30 November 2023. The Royal Court was invited by the Representor to accept the surrender of the trustee’s discretion as to whether or not the trustee should make available a facility of £1 million for the purposes of staged distributions to the First Respondent from the assets of the Q Trust set against the notional allocation under the Trust, and that the trustee’s costs of and incidental to the summons be met from the assets of the Trust on the trustee indemnity basis. The Royal Court declined to grant the relief sought, made further ancillary orders and reserved the Court’s decision in respect of the incidence of the trustee’s costs.
GLOSSARY
SCCO Guide refers to the RCJ and defines this as the Royal Courts of Justice, the postal address of which is Strand, London, WC2A 2LL.
GLOSSARY
The professional body for architects, and a nominating body for adjudicators and arbitrators.
GLOSSARY
The professional body for chartered surveyors, and a nominating body for adjudicators and arbitrators.
PRACTICE NOTES
CASE HUB NOTE—appeal lodged by Royal Mail before the CAT (1299/1/3/18) ARCHIVED–this archived case hub reflects the position at the date of the decision of 14 August 2018; it is no longer maintained. See further: timeline, and commentary. Case facts Outline Ofcom Article 102 TFEU/Chapter II investigation against RoyalMail in relation to an abuse of dominance by discriminating its only competitor for delivering letters (Whistl).  Latest developments On 14 August 2018, Ofcom found Royal Mail in breach of Section 18 of the Competition Act and Article 102 TFEU (abuse of dominance). As a result of this infringement, Ofcom imposed a fine of £50m. Parties Royal Mail Group Ltd (Royal Mail), the incumbent postal service and courier company in the United Kingdom Whistl, formerly TNT Post UK, is a postal delivery company operating in the United Kingdom. Whistl, who filed a complained against Royal Mail, competed directly with Royal Mail by delivering business letters (known as ‘bulk mail’) to addresses in certain parts of the UK – becoming the first company to challenge Royal Mail’s
PRACTICE NOTES
CASE HUB ARCHIVED–this archived case hub reflects the position at the date of the decision of 14 November 2019; it is no longer maintained. See further, timeline and commentary. Case facts Outline Ofcom Article 101 TFEU/Chapter I investigation into Royal Mail and The SalesGroup in relation to a breach of competition law for allocating customers in the delivery parcel services sector. Latest development On 14 November 2019, Ofcom issued an infringement decision finding that Royal Mail and The SalesGroup breached competition law for agreeing not to offer or supply parcel delivery services to each other’s customers.This agreement breached competition law because its object was to restrict competition through the sharing of customers in the relevant market. The agreement between Royal Mail and The SalesGroup prevented some customers from being able to purchase parcel delivery services from their chosen provider and, in some cases, led to them paying higher prices. A fine of £40,000 was imposed on The SalesGroup after it agreed to settle the case. Royal Mail was granted immunity
NEWS
Royal Mail has formally launched its Collective Pension Plan – a collective defined contribution pension scheme - on 7 October 2024. There is now one plan for all employees, with employees with at least a year's service eligible to join. Employees are to be contacted shortly and will be able to sign up to the 'self service' portal. The Collective Pension Plan is managed by a board of Trustee Directors, independent of Royal Mail. In April 2023, the Pensions Regulator granted authorisation for the Royal Mail Collective Pension Plan but its  launch was beset with delays.
PRACTICE NOTES
CASE HUB ARCHIVED—this archived case hub reflects the position at the date of the judgment of 07/05/2021; it is no longer maintained. See further, timeline Case facts Outline An appeal against the CAT’s ruling which upheld Ofcom’s decision that Royal Mail infringed the Chapter II prohibition under the Competition Act 1998 and Article 102 TFEU by discriminating against its only competitor (Whistl) in relation to the supply of bulk mail services in the UK. Latest developments On 7 May 2021, the Court of Appeal issues its judgment in which it dismissed the appeal in its entirety. The Court of Appeal held that the CAT: (i) did not err in finding that it was not necessary to conduct an as-efficient-competitior test (the AEC test) in all cases, and that the application of the AEC test in this case was problematic. This case did not fall easily into any of the categories of abusive pricing in which an AEC test had been considered, in case law , to be appropriate; and (ii)
PRACTICE NOTES
CASE HUB NOTE—appeal lodged before the Court of Appeal (C3/2020/0151) ARCHIVED—this archived case hub reflects the position at the date of the judgment of 12/11/2019; it is no longer maintained. See further, timeline and commentary Case facts Outline An appeal by Royal Mail against Ofcom’s decision of 14 August 2018 which found that Royal Mail abused its dominant position by discriminating against its only competitor (Whistl) in relation to the supply of bulk mail services in the UK as well as the level of fine imposed by Ofcom. Parties • Royal Mail Group plc (Royal Mail): Royal Mail operates a UK and international parcel and letter delivery service business. It provides collection, sortation, transportation and delivery services. Royal Mail’s UK business is complemented by its international parcels business, General Logistics Systems (GLS). GLS operates a ground-based deferred parcel delivery service in Europe, covering 41 countries and seven states in the western United States and Canada. Royal Mail operates its UK business through UK Parcels International and Letters (UKPIL). It operates under
GLOSSARY
The signature of the Sovereign.