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PRACTICE NOTES
ARCHIVED: This archived guidance, dated December 2003 and updated in 2013, produced by The Chartered Governance Institute (formerly known as ICSA: The Governance Institute) (CGI), explains the advantages
PRACTICE NOTES
This guidance, dated November 2004, produced by The Chartered Governance Institute (CGI), explains the procedure for passing written resolutions,
PRACTICE NOTES
ARCHIVED: This archived guidance, dated September 1996, produced by The Chartered Governance Institute (formerly known as ICSA: The Governance Institute) (CGI), reflects what is generally considered to be best practice in the
PRACTICE NOTES
The Model Code, which was set out in the former Listing Rules published by the Financial Conduct Authority (FCA), was deleted by the FCA as a consequence of the implementation of the Market Abuse Regulation (EU) 596/2014 (M​AR) on 3 July 2016. Companies with a former premium listing of equity shares were required to comply with the Model Code, which restricted persons discharging managerial responsibilities (PDMRs) dealing in such company's securities. The Chartered
Q&As
As noted, section 4(10)(aa) of the Child Support Act 1991 (CSA 1991) provides that an application may not be made to the Child Maintenance Service (CMS) where a maintenance order has been in force for a period of less than one year beginning with the date on which the order was made. CSA 1991, s 8(5) provides that the courts retain jurisdiction to make or vary orders for the maintenance of children where the parties have agreed a maintenance figure and want that agreement made into an order. Commonly, such agreements will be embodied in a financial order made by consent. CSA 1991, s 8(1) provides that the provisions of that section apply in any case where the Secretary of State would
Q&As
The concept of private fostering arrangements is a family law concept addressing situations where a child goes to live with a person who is not a close family member. It is not intended to cover intermittent visits or childcare. In England and Wales section 66(2) of the Children Act 1989 states that a child is not privately fostered if the person caring for and accommodating them has done so for a period of less than 28 days and does not intend to care for them for longer. The reference to ‘a period’ is singular and therefore to one consecutive period of time. There is a detailed regulatory framework
NEWS
Arbitration analysis: The Chilean Supreme Court issued an important decision on the enforcement of foreign arbitration clauses in Chile (Tarascona Corporation v Breton Diéguez Oscar Alfonso). Written by Felipe Valenzuela Quiros, an associate at Morgan Stanley.
NEWS
The Public Law for Everyone blog, written by Mark Elliott, Professor of Public Law at the University of Cambridge, has published a blog analysing the Chişinău Declaration with an emphasis on its legal and policy implications for migration control and human rights. Elliot examines how the declaration is designed to influence the interpretation of the European Convention on Human Rights by signalling to the European Court of Human Rights (ECtHR) that States wish to more strongly assert their sovereign authority over migration, particularly in facilitating deportation decisions. The blog notes that the declaration emerges from concerns among several European governments that the ECtHR’s case law has excessively confined their ability to manage migration. It asserts the emphasis on the sovereign right to control the entry and residence of foreign nationals, while at the same time attempting to reformulate the application of absolute rights such as those enshrined in Article 3 (the prohibition of torture and inhuman or degrading treatment) and Article 8 (relating to the right to respect for private and family life).
NEWS
The City of London Corporation in partnership with Ernst & Young LLP (EY) have produced a report highlighting the need for the UK to be proactive in pursuing a growth sector talent strategy. Workers’ core skills are expected to change in the next five years and the new EY European Financial Services AI Survey found that 77% of executives are readying for a significant impact to their workforce because of Generative AI. Linked to this, many countries are experiencing skills gaps. This report provides recommendations that the UK should take now, these include aligning immigration policies, establishing a working group, enhancing service and trade routes, building the UK’s brand and embracing new ways of working.
NEWS
Commercial analysis: Stephen Sidkin, partner, and Emma Roake, legal director, at Fox Williams, considers the Commercial Agents (Council Directive) Regulations 1993 (Commercial Agents Regulations 1993) and what changes commercial agents can expect after the end of the Brexit transition period at 11 pm on 31 December 2020.
NEWS
Arbitration analysis: In The Republic of India v CC Devas (Mauritius) Ltd and others the Commercial Court decided an application of the Republic of India under section 45 of the Arbitration Act 1996. India’s section 45 application was concerned with the Tribunal’s procedural orders regarding the identity of the parties’ legal representatives in an on-going English-seated investor-state arbitration between India as respondent and the three Mauritian companies as claimants under the 1998 BIT between India and the Republic of Mauritius [the BIT-2 Arbitration]. The Commercial Court held that in determining of who was permitted to agree to the making of an application under section 45 of the Arbitration Act 1996 (AA 1996), the court was not bound by the procedural orders of the Tribunal. Because the BIT-2 Arbitration was seated in England, the determination of the question of the representation of the parties was a procedural issue that was governed by English law and by English public policy rather than by international law, the substantice law that had been applied by the Tribunal. Written by Martin Lau, barrister at Essex Court Chambers and professor of South Asian Law at SOAS (University of London).
Q&As
This Q&A assumed that: • the new Open Cycle Gas Turbine (OCGT) referred to has a rated thermal input exceeding 50 MW and is therefore subject to the Directive 2010/75/EU on industrial emissions (integrated pollution prevention and control) (Recast) • the OCGT is not an offshore combustion installation • this is a new combustion plant and not exempted within the transitional national plan Directive 2010/75/EU on industrial emissions (integrated pollution prevention and control) (Recast) (the Industrial Emissions Directive (IED)) aims to achieve a high level of protection of human health, and the environment taken as a whole, by reducing harmful industrial emissions into air, water and land, and to prevent the generation of waste, across the EU. It does so for many activities by requiring each of the industrial installations concerned