Immigration analysis: Prior to 28 June 2022, a migrant crossing the English Channel on a small boat, who required but had no visa to enter the UK, could not be convicted for entering the UK contrary to section 24 of the Immigration Act 1971 (IA 1971). Similarly, those transporting migrants could avoid conviction for the offence of facilitating a breach of immigration law contrary to IA 1971, s 25.This was due not to any intention to provide an exception for asylum seekers, but, rather, because persons arriving in this way would not have ‘entered’ the UK, as defined by IA 1971, s 11. This appeal confirmed that the Nationality and Borders Act 2022 fulfilled one of its aims of removing this defence. Written by Timothy Sleigh-Johnson and Stacey-Lee Holland, barristers at 2 Dr Johnson’s Buildings, Temple.

NOTE—to see whether notification thresholds in the Netherlands and throughout the world are met, see further: Where to Notify 1. Have there been any recent developments regarding the Dutch merger control regime and are any updates/developments expected in the coming year? Are there any other ‘hot’ merger control issues with the ACM? Media Following the Authority for Consumers and Market’s (ACM) prohibition of the proposed acquisition of Talpa by RTL (two players active in the Dutch television media market) on 30 January 2023, DPG Media announced its intention to acquire RTL and notified the transaction to the ACM. On 17 May 2024, the ACM decided that a more detailed investigation into the effects of the proposed concentration was warranted and consequently referred the case to the second (‘licence’) phase of the merger control procedure. On 18 July 2024, the parties applied for the required licence to complete the transaction. On 27 June 2025, the ACM granted conditional approval for the merger in its DPG/RTL decision, subject to stringent behavioural remedies. Notably, the ACM incorporated

Loan market and developments Please provide a brief overview of the current state of the loan markets in your jurisdiction and any significant recent market developments The increased mandatory capital buffers for financial institutions continue to provide for reduced numbers and size of transactions in the Dutch loan market when compared to the pre-credit crisis era. Despite expectations COVID did not materially disturb the market, although we see a slight increase in bankruptcies due to COVID support repayment obligations. Foreign banks who used to lend to Dutch borrowers on a frequent basis are generally still less inclined to do so in the current climate. In real estate finance, we still see sufficient appetite from foreign, mainly German, banks and funds, to invest in the Netherlands, nevertheless, due to a flat market and various legislative changes (including tax) investors seem to be reluctant to invest, which leads to a continuing low volume of transactions. Market prices of residential real estate in the Netherlands remain high due to a shortage of houses, meaning that the market remains under

FORTHCOMING CHANGE: This Practice Note reflects the current legislative position, however, note that this position will be impacted by the Cyber Security and Resilience (Network and Information Systems) Bill which was introduced to Parliament in November 2025. For more information, see Practice Note: The UK NIS Regulations and the Cyber Security and Resilience (Network and Information Systems) Bill—tracker. This Practice Note provides an overview of the Network and Information Systems Regulations 2018 (NIS Regulations), SI 2018/506 which implemented the Network and Information Systems Directive (the NIS Directive), Directive (EU) 2016/1148 in the UK. The NIS Regulations (as amended by various Brexit legislation) continue to apply in the UK. It discusses the background and purpose of the legislation and the obligations for operators of essential services (OESs) and relevant digital service providers (RDSPs) under the NIS Regulations and the associated Assimilated Regulation (EU) 2018/151 (Assimilated DSP Regulation), in relation to RDSPs. Background to the NIS Directive The NIS Directive (also known as the Cybersecurity Directive or Network and Information Security Directive) was adopted

Arbitration analysis: In this case, the Singaporean High Court has emphatically rejected the proposition that the New York Convention and/or the principle of minimal curial intervention restrain Singaporean courts from conditioning enforcement of awards on compliance with local procedural law. In the court’s view, an arbitral award is not ‘a golden ticket to immunity’. In an unusual case that involved allegations of fraud and a fictious non-existent arbitral institution, the court had to consider whether proceedings to enforce an award could be struck out due to the failure of the award creditor to comply with an ‘unless order’. A Registrar struck out proceedings for the enforcement of the foreign arbitral award after the award creditor failed to produce documents ordered by the Court and adequately explain its non-compliance with the production order in answer to an ‘unless order’ that it do so. An ‘unless order’ is an order that proceedings will be struck out if a party fails to comply with the order by a certain time. On appeal, the award creditor submitted that the strike out of an enforcement application was inconsistent with the regime for the enforcement of foreign arbitral awards established by the New York Convention and the International Arbitration Act 1994 (Singapore) and was contrary to Singapore’s ‘pro-enforcement policy’ of minimal curial intervention. The Court dismissed the appeal, finding that the New York Convention reserves to courts the power to make enforcement contingent on compliance with local procedural law. Written by Amanda Lees, partner at King & Wood Mallesons (Singapore) and Jack McNally, solicitor at King & Wood Mallesons (Sydney).

This Practice Note provides an introduction to the recognition and enforcement of arbitral awards pursuant to the Convention on the Recognition and Enforcement of Foreign Arbitral Awards (the New York Convention) and should be read in conjunction with Practice Note: Recognition and enforcement of international arbitral awards—an introduction and International arbitration—enforcing international arbitral awards—overview. For guidance on enforcement of arbitration awards in England and Wales, see Practice Note: Enforcing arbitral awards in England and Wales. The case law referred to in this Practice Note is for illustrative purposes only and should not be relied on for the purposes of seeking recognition and enforcement in a particular jurisdiction. Note: the UNCITRAL Secretariat Guide on the New York Convention (2016) (the UNCITRAL Secretariat Guide) referred to in this Practice Note is not an official interpretation of the New York Convention but it is highly authoritative given its objective stance and the calibre of its authors (Professors Gaillard and Bermann). What is the New York Convention? The New York Convention is concerned

What happens if a Probate Registry where the grant was issued closes and the Non-Contentious Probate Rules 1987 provide that an application has to be made to that Registry? Rules 61(2) and 2(1) The rules in question are based on section 25 of the Administration of Estates Act 1925 which provides that the personal representatives of a deceased person are under a duty, when required to do so by the court, to ‘exhibit on oath a full inventory of the estate and when so required render an account of the administration of the estate to the court’. See: • Practice Note: Estate accounts • Precedent: Accounts approval pending final distribution NCPR 1987, SI 1987/2024, r 61 sets out the procedure for this,

How does Brexit impact the Single Electricity Market in Ireland? The UK-EU Withdrawal Agreement, which was entered into between the UK and the EU (effective from 1 February 2020), specifically caters for the island of Ireland Single Electricity Market (SEM) as part of the Northern Ireland Protocol, also known as the Windsor Framework. The Windsor Framework provides, among other things, that Northern Ireland (NI) continues to be bound by certain EU laws that allow the SEM to continue to function. As a result, there have been no significant changes to SEM following IP completion day. This could, however, change over time if laws diverge in the two jurisdictions. The Windsor Framework provides that certain EU laws in respect of electricity generation, distribution, transmission, supply and trading will continue to apply to NI for at least four years after the end of the transition period. After the four-year initial period (which expired in December 2024), and each subsequent four-year period, NI may withdraw from the Windsor Framework on the basis of ‘democratic consent’. The Windsor

Arbitration analysis: The Norwegian Supreme Court’s Appeals Selection Committee held that a guarantor was not bound by an arbitration clause contained in an underlying shipbuilding contract where no arbitration agreement had been concluded between the guarantor and the claimant. Applying ordinary principles of contract law, the Court emphasised that consent to arbitrate cannot be inferred solely from a guarantee’s connection to the underlying contract, corporate group relationships, or considerations of procedural efficiency. The ruling reinforces the centrality of contractual consent in Norwegian arbitration law and highlights the importance of expressly including or incorporating arbitration clauses into guarantee arrangements where parties intend disputes to be resolved by arbitration. Produced in partnership with Yuliya Chernykh of University of Inland Norway (Lillehammer, Norway).

A Notice of Adjudication is the first step in commencing an adjudication. This Practice Note sets out what to consider before serving the Notice of Adjudication, why it must be given and what it should contain. It also provides guidance on the timing of the Notice, how it should be given and whether it can be revised. For a Precedent Notice of Adjudication, see: Notice of Adjudication. What is the Notice of Adjudication? Both the Housing Grants, Construction and Regeneration Act 1996 (HGCRA 1996) and the Scheme for Construction Contracts provide for the service of a written notice of a party’s intention to refer a dispute to adjudication. The Scheme for Construction Contracts (Part I, para 1) refers to this as the ‘notice of adjudication’. The same terminology is used in this Practice Note, although the notice may also be referred to in case law or by other parties as the ‘notice of intention to seek adjudication’, ‘notice of intention to refer to adjudication’ or the ‘adjudication notice’. It should be distinguished from the ‘Referral Notice’, which

PI & Clinical Negligence analysis: The final Ockenden Review into maternity and neonatal services at Nottingham University Hospitals NHS Trust identifies extensive failings in care, governance and organisational culture. Laura Preston of Slater & Gordon considers the report, its likely implications for clinical negligence claims and whether it may encourage earlier admissions and wider systemic change.

The Organisation for Economic Co-operation and Development (OECD) is an international organisation created to promote global economic co-operation and development. It is a forum for governments to develop policies to improve the world economy and global social well-being. A list of the countries which are members of the OECD is available on the OECD website. The UK is a member of the OECD. The OECD Arrangement on Officially Supported Export Credits (known as the OECD Arrangement or the OECD Consensus) is the key source for regulating the terms and conditions upon which export credit agencies (ECAs) in participating countries can provide support to exporters. The OECD also sets standards on anti-bribery and corruption procedures, environmental, social and human rights issues (for more information in the context of dealing with UK Export Finance, see Practice Note: UK Export Finance (UKEF)—The Organisation for Economic Co-operation and Development). Participants to the OECD Arrangement The participants of the OECD Arrangement are Australia, Canada, the European Union (EU), Japan, the Republic of Korea, New Zealand,