ARCHIVED: This Practice Note has been archived and is not maintained. This Practice Note is for historical reference. It summarises the proposals for reform to Part 36 which were planned for, and came into effect, in April 2015. For guidance on the rules in effect as from 6 April 2015, see Practice Note: Part 36 offers—what are they, why make them? and related content. A Part 36 sub-committee of the CPR Committee has been set up and is currently conducting a review of the whole of Part 36 and considering whether there is a need for reform; such reform to be implemented through CPR changes in 2015 with the current anticipated effective date being April 2015. The sub-committee is headed by Edward Pepperall QC and comprises Mr Justice Sales, David Di Mabro, Amanda Stevens and Qasim Nawaz. While Part 36 was radically reformed in 2007, the further reforms are focusing on specific issues rather than being a complete overhaul of Part 36. For information on the 2007 changes, see Practice Note:

Corporate Crime analysis: Sandip Patel KC of Aliant Law and 33 Bedford Row provides an analysis of the Attorney General’s revised Guidelines on Disclosure, focusing on the background to the revised Guidelines on Disclosure, the main changes being proposed, what practical changes practitioners will notice and any missed opportunities.

Life Sciences analysis: The Prescription Medicines Code of Practice Authority (PMCPA) has launched a consultation to update the 2021 Association of the British Pharmaceutical Industry (ABPI) Code of Practice. The consultation seeks views on proposed changes to clauses of the Code and to the operation and complaints management procedures of the PMCPA. Jayne Packham, Expert ABPI Code of Practice Trainer and Consultant of Jayne Packham Consultancy considers what has triggered the proposed updates, the key proposals and the next steps.

The Association of British Insurers (ABI) and the Reward and Employee Benefits Association (REBA) have warned the government against introducing National Insurance (NI) taxation on employer pension payments in the upcoming Budget, expressing concern that this could reduce the positive impact that pensions have on growth, given that pension firms are some of the largest investors in the UK, and result in employees facing a poorer retirement. A survey conducted by REBA of 613 employers revealed their likely reactions in the event of such an announcement from the government: of the three quarters of employers who answered the survey and pay contributions greater than the auto-enrolment minimum, 42% would reduce these contributions and 63% would be less like to increase contributions in the future. Many would stick to the minimum required contribution in future while 40% would try to retain current contribution levels despite the increased cost.

While artificial intelligence (AI) represents a significant opportunity for businesses, realising value from AI while managing the risks involves a careful approach for businesses implementing and acquiring AI solutions. This quick guide provides an overview of some of the key considerations at each stage of the AI project lifecycle. Step in the project lifecycle Key considerations Find out more Understand the company’s overall AI strategy and risk framework Before commencing any AI project the project team should ensure that it understands the company’s overall AI strategy and in particular:—any company-wide strategy for AI adoption—the company’s AI governance frameworks and policies regarding responsible and ethical use of AI—the company’s internal and supplier-facing policies regarding the use of AI—general risk management policies and frameworks—assurance processes See further:—Precedent: Policy—use of generative artificial intelligence—Practice Note: How to manage the risks of artificial intelligence in your businessAI governance has become a widely discussed theme. A few key resources are highlighted below:—in its ‘Introduction to AI Assurance’ (see 5.3), the UK government published a summary

ARCHIVED: This archived Practice Note considered the key themes of the Alternative Investment Fund Managers Directive (AIFMD) and its application in the UK in the period prior to the end of the Brexit implementation period, which took place at 11pm (GMT) on 31 December 2020 (IP completion day). For information on the AIFMD’s application in UK law following IP completion day, see Practice Notes: Impact of Brexit: AIFMD—quick guide [Archived] and UK regulation of alternative investment fund managers—essentials. What is the AIFM Directive? The Alternative Investment Fund Managers Directive (AIFMD) introduced a secure, harmonised EU framework for monitoring and supervising alternative investment funds, including private equity and venture capital funds. It aims to achieve greater transparency and stability to the way these kinds of funds operate by: • monitoring the risks that Alternative Investment Fund Managers (AIFMs) pose to their investors, counterparties and other financial market participants • monitoring the risks that AIFMs pose to financial stability, and • permitting AIFMs to provide services and market their funds across the internal market subject to compliance with strict requirements The

Arbitration analysis: On 27 November 2023, the Arbitration and Mediation Center of Armenia (AMCA) adopted its first Arbitration Rules (the Arbitration Rules). AMCA is a non-profit organisation with the governing bodies of a Board of Trustees, Secretariat and Arbitration Council. The Arbitration Council functions much like the ‘courts’ of other arbitration institutions. The Arbitration Rules provide a structured, institutional framework to ensure transparency, efficiency, and fairness in the arbitration process. Lilit Petrosyan of AMCA outlines the key features of the Arbitration Rules below.

Corporate Crime analysis: Max Hobbs, senior associate at Macfarlanes, considers the background to the new Economic Crime Manifesto, its main propositions and recommendations and what impact it’s likely to have.

TMT analysis: The Advertising Standard Agency's (ASA) use of AI-assisted collective advert monitoring is having a clear effect; with a 30-fold increase in the number of adverts analysed by the ASA in the period 2022–2023, and the ASA's new strategy to proactively pursue so-called ‘greenwashing’ claims, businesses across many sectors are falling foul of the regulator. In this article, Charlotte Angwin and Hannah Drury, senior associates, Richard J Brown, senior counsel, and Jonathan Rush, knowledge counsel at Travers Smith, explain the risks to business from this increased scrutiny of green claims and what they can do to minimise their exposure.

The Adjudication Society has announced that the King's College London's annual survey is open for responses. It covers UK construction adjudication from May 2023 to April 2024. The survey will close on 23 June 2024.

Arbitration analysis: The highly anticipated amendments to the English Arbitration Act 1996 (AA 1996) were put on hold following the decision to hold elections in the UK in July 2024. However, the King's Speech on 17 July 2024, which set out the new Government’s legislative agenda for its first year in office, confirmed that the largely agreed Arbitration Bill will be set before Parliament in the coming months. In this note we argue that the legislative hiatus caused by the elections, affords legislators a welcome opportunity to reconsider some of the important aspects of the Bill. Written by Shai Wade, member of the Lexis Nexis Arbitration Consulting Editorial Board and head of International Arbitration at RPC and Anna Riquetti, associate at RPC, with the assistance of Kirtan Prasad (Of Counsel, RPC) and Nina Hall (Head of Arbitration, Lexis®PSL Arbitration).

Statutory framework There are currently four principal pension schemes in operation in England and Wales providing benefits for members of the armed forces. The four schemes are: • the Armed Forces Pension Scheme 1975 (AFPS 1975), which was open to members of the regular forces only and which closed to new members with effect from 6 April 2006 and to future accrual with effect from 1 April 2022 • the Armed Forces Pension Scheme 2005 (AFPS 2005), which was again open to members of the regular forces only and which also closed to future accrual with effect from 1 April 2022 • the Reserve Forces Pension Scheme 2005 (RFPS 2005), which was open to full time reservists and which again closed to future accrual with effect from 1 April 2022 • the Armed Forces Pension Scheme 2015 (AFPS 2015), which is open to members of the regular forces and all reservists and which came into effect on 1 April 2015 There are several other schemes which are also managed by the