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NEWS
The Chancery Guide and its accompanying Practice Note have been updated.
GLOSSARY
‘Sequel rights’ means the exclusive right to make and authorise the making of a sequel film which contains substantially the same leading characters as those contained in the screenplay or the work or the film, but a story that is substantially different from that portrayed or appearing in the screenplay or the work or the film whether such sequel film is temporally prior to, concurrent with or subsequent to the events portrayed or occurring in the screenplay or the work or the film.
GLOSSARY
‘Sequel’ means any film or television film made by the company, its assignees or licensees subsequently to the film which contains substantially the same leading characters as those contained in the work or the film, but a story that is substantially different from that contained in the work or the film whether such sequel is temporally prior to, concurrent with or subsequent to the events portrayed or occurring in the work or the film.
NEWS
Restructuring & Insolvency analysis: The Supreme Court’s decision in BTI 2014 LLC v Sequana SA is rippling through the seas of insolvency with the interesting and robustly reasoned decision of Mr Justice Zacaroli in Hunt v Singh. The court had to consider when the director’s duty to take into account the interests of creditors arose where a company had a disputed liability which, if proven, would have left the company insolvent. Sequana was distinguished because it dealt with directors of a company bordering insolvency. Here, the company had been insolvent, although this had not become clear until the resolution of a dispute over tax liability. The creditor duty arises in such cases if the directors know or ought to know that there is at least a real prospect of such a liability being made out. There is now more certainty for liquidators considering such claims—although the content of the creditor duty remains somewhat unclear. Written by Piers Digby, barrister at Radcliffe Chambers.
GLOSSARY
The order in which the works will be carried out. Disruption to, or interference with, the sequencing could lead to the contractor being unable to complete the works on time.
GLOSSARY
The Scottish term for the bankruptcy of an insolvent estate of an individual or partnership. Technically, it is a person's estate which is sequestrated or set aside for the use of his creditors.
PRACTICE NOTES
Sequestration is a process whereby a creditor applies to the court for sequestrators to take possession of the debtor’s property. In family proceedings, sequestration may arise in two distinct contexts. First, it is a process for dealing with contempt of court which would otherwise be punishable by committal. Under this process, the property is detained until such time as the contempt is deemed to be purged ie the order is complied with. In this context, sequestration is referred to as ‘confiscation of assets’ and is provided for by Family Procedure Rules 2010 (FPR 2010), SI 2010/2955, Pt 37 together with FPR 2010, PD 37A. See Practice Note: Confiscation of assets within contempt proceedings. Secondly and distinctly, it is a method of execution to enforce an outstanding financial order without any contempt of court pursuant to FPR 2010, SI 2010/2955, 33.1(2) and the Civil Procedure Rules 1998 (CPR), SI 1998/3132, Pt 83. This Practice Note examines sequestration in the latter context. Usages Sequestration is a remedy rarely used as an enforcement method in family proceedings. It
PRACTICE NOTES
A conversation with Danijel Stevanović, Partner, Nina Rašljanin, Associate, and Srdjana Petronijevic, Partner, on key issues on foreign direct investment (FDI) control in Serbia. 1. What is the applicable legislation? Serbia does not have a foreign investment control regime comparable to those now arising in Europe in light of the EU FDI Screening Regulation. Rather, Serbia still has in place the traditional / historical single-sector authorization system specifically aimed at the defence sector, similar to those typically established in Europe in the second half of the 20th century. The legislation regulating this authorization system for the defence sector is the Production and Trade of Arms and Military Equipment Act (Official Gazette of Serbia no. 36/2018) (Arms Act). Investments into Serbia more generally are regulated by the Investment Act (Official Gazette of Serbia, nos. 89/2015 and 95/2018), but as stated there is no general/all-encompassing foreign investment control regime in place. 2.
PRACTICE NOTES
This table summarises all completed investigations by Serbia’s competition authority (the Commission for Protection of Competition—the CPC) into alleged cartels, anti-competitive agreements and abuses of dominant positions since 2018. Note—only investigations that have been made public are included in this table. 2020 Investigations under Article 10 of the Law on Protection of Competition Case name, companies under investigation and industry Issues Developments Real estate agencies• Lodge Real Estate Limited• Monarch Real Estate Limited Restrictive agreements—price fixing • High Court gives judgment—10/09/2020; fines totalling $4m imposed Investigations
PRACTICE NOTES
NOTE—to see whether notification thresholds in Serbia and throughout the world are met, see Where to Notify. 1. Have there been any recent developments regarding the Serbian merger control regime and are any updates/developments expected in the coming year? Also, are there any other ‘hot’ merger control issues or points of interest regarding the Serbian merger control regime? Greater enforcement is expected considering that the President of the Commission for Protection of Competition has issued several public statements to this effect. In relation to merger control, the activity of the Commission for Protection of Competition (Competition Commission) has increased in the past year. Apart from the announcement of the adoption of several by-laws, preparation of the draft of the new Law on Protection of Competition 2009 (as amended) (Competition Law 2009), performance of dawn-raids, and enactment of several unprecedented decisions, the Competition Commission has shown significant efforts in developing general awareness of competition policy and its significance in the Serbian economy. The Competition Commission has continuously pointed out in various public
NEWS
Law360: A tribunal has ordered Serco to pay 147 immigration centre workers more than £750,000 in total after it ruled that the public services contractor breached trade union laws by making a pay offer directly to staff.
NEWS
Law360, London: A UK tech company that provides fleet tracking software to government outsourcing giant Serco Group plc, including to its prison van fleet, said on 6 November 2024 that it expects to largely return its operations to normal next week after suffering a cyberattack.