Local Government analysis: This case concerned an appeal to the Court of Appeal by the London Borough of Waltham Forest (LBWF) of a decision in the High Court granting the Claimant, Ms Bano’s, application for judicial review challenging LBWF’s refusal to accept that the duty to provide her with accommodation pursuant to section 193(2) of the Housing Act 1996 (HA 1996) following her refusal of a private rented sector offer of accommodation, without providing her with a further notice terminating that duty, had not ended. The Court of Appeal held that it was not the case that refusal of a private rented sector offer of accommodation would bring a local housing authority's main housing duty under HA 1996, s 193(2) to an end only if and when the authority so decided. Instead, the duty ceased automatically upon refusal of the offer by Ms Bano, the applicant for assistance with housing.Written by Tim Baldwin, barrister at Garden Court Chambers.

When entering into any negotiation, be it a multimillion-pound business deal or agreeing the office coffee rota, there are two main elements to consider: the structure and stages of the negotiation and the human aspect, ie emotions and negotiation style. This Practice Note considers the second element. See Practice Note: The structure of a negotiation for guidance on the first element. The human element of negotiations When faced with a negotiation, we often experience a range of emotions, eg fear, excitement, anxiety, depending on how negotiations have gone for us in the past. A negotiation isn’t just about the structure—a skilled negotiator will also take into account the styles and natural attributes of the person they are negotiating with, and adapt their tactics accordingly. There is no such thing as the perfect negotiator, as different people bring different attributes to the table in different circumstances. Successful negotiators share a number of key characteristics: Characteristic Description Patient They recognise they may not get everything all in one sitting Creative They are

Depending on the specific circumstances, it is possible that the planning described, where the wife transfers buy-to-let properties to her stepdaughters in exchange for a deed of variation (DOV) to inherit the husband’s NRB, could be seen as a linked

This Practice Note contains practical guidance on the illegal content duties in the Online Safety Act 2023 (OSA 2023), including the illegal content safety duties set out in OSA 2023, ss 10 and 27. The illegal content safety duties under OSA 2023, s 10 apply to user-to-user services and the illegal content safety duties under OSA 2023, s 27 apply to search services (these terms are explained further below). This Practice Note also includes commentary on Ofcom’s Illegal content Codes of Practice for user-to-user services and its Illegal content Codes of Practice for search services, which are separate documents but referred to collectively in this Practice Note as ‘the Illegal content Codes of Practice’. The Illegal content Codes of Practice set out recommended measures to help services within scope comply with the duties. This Practice Note also deals with ancillary guidance which Ofcom has published which also relates to the illegal content duties. For general guidance on OSA 2023, see Practice Notes: The Online Safety Act 2023 and The Online Safety

PI & Clinical Negligence analysis: His Honour Judge Tindal allowed a claim by a 15-year-old passenger of a stolen motorbike for brain damage sustained when the bike crashed after skipping a red light. The insurer of the motorbike raised several defences including illegality, knowledge that the bike was stolen per section 151(4) of the Road Traffic Act 1988 (RTA 1988), and an exclusion clause in its policy concerning pillion passengers. Contributory negligence was also raised. The judge rejected the defences and the exclusion clause, but allowed contributory negligence at 20% for failure to wear a helmet and accepting a ride from the obviously inexperienced 16-year-old rider. Written by David Juckes, barrister at Hailsham Chambers.

The purpose of a bankruptcy order is two-fold: • first, it is to secure the bankrupt's estate for the benefit of the bankrupt's creditors so that it can be realised to share out among the creditors by way of a dividend • secondly, it is to allow rehabilitation to the bankrupt by releasing them from their debts (with certain exceptions), which now fall exclusively on the bankruptcy estate In order to police this policy properly—and ensure that it is fair to creditors—the trustee in bankruptcy (trustee) is given significant powers of investigation and, where necessary, to reverse the effects of antecedent transactions which had the effect of prejudicing the creditors. This Practice Note examines what happens after a bankruptcy order is made, its main effects, the period of bankruptcy, the bankrupt's discharge from bankruptcy, and the circumstances which might give rise to further sanctions being imposed on the bankrupt. This Practice Note does not examine the powers and duties of the trustee, or the way the trustee will

Life Sciences analysis: Alison Dennis, partner, and Alice Matthews, associate, at Taylor Wessing discuss how the proposed UK and EU medical device regulations diverge in their analysis of the draft Medical Devices (Post-market Surveillance Requirements) (Amendment) (Great Britain) Regulations 2024 (the draft PMS Regulations), which were laid in Parliament on 21 October 2024 and will substantially amend the Medical Devices Regulations 2002 (the UK MDR) in this area.

This Practice Note provides information relating to the impact of Brexit on the recast Markets in Financial Instruments Directive (Directive 2014/65/EU) (MiFID II) and the Markets in Financial Instruments Regulation (Regulation (EU) 600/2014) (MiFIR) (together, the MiFID II regime). It summarises the approach that has been taken in relation to the MiFID II regime generally, and it also sets out key issues for specific aspects of the regime, including passporting, transparency, share and derivatives trading obligations, transaction reporting and reference data, data reporting service providers and market operators. The European Union (Withdrawal) Act 2018 (EU(W)A 2018), as amended by the European Union (Withdrawal Agreement) Act 2020 (EU(WA)A 2020), makes provision for the ratification and implementation in domestic law of the Withdrawal Agreement between the UK and the EU. The Withdrawal Agreement sets out the arrangements for the UK’s withdrawal from the EU. It includes a transition period (or, to use the UK government’s phraseology, an ‘implementation period’) beginning on 31 January 2020 and ending on 31 December 2020 (IP completion

This Practice Note summarises how EU EMIR applies to funds, including alternative investment funds (AIFs) and undertakings for collective investment in transferable securities (UCITS), and their fund managers, and changes made by Regulation (EU) 2024/2987 (EMIR 3). EU EMIR—key requirements The European Market Infrastructure Regulation (EU) 648/2012 (EU EMIR) is the principal EU measure regulating the over-the-counter (OTC) derivatives market. Its key elements are: • a requirement for certain counterparties to clear certain standardised OTC derivatives through a central counterparty (CCP)—see Clearing below • a requirement to report derivative contracts to a trade repository (TR)—see What are a fund or fund manager counterparty’s obligations? below • margin requirements for certain non-centrally cleared OTC derivatives entered into by some counterparties—see What are a fund or fund manager counterparty’s obligations? below, and • additional risk mitigation requirements for uncleared trades, including timely confirmation, portfolio reconciliation, portfolio compression and dispute resolution—see Additional risk mitigation requirements below Who is the counterparty? The specific counterparty requirements that apply to fund counterparties or fund manager counterparties will

ARCHIVED: This Practice Note has been archived is not maintained. What is the status of EU law in English law? EU law has formed part of UK law since the UK acceded to the European Economic Community in 1973. As a result, EU law can be invoked in judicial review proceedings in the English courts: • as a ground for challenging domestic law or a decision of a public body • to inform the interpretation of domestic (primary or secondary) legislation, and • where domestic law or a decision of a public body relies on EU legislation that a claimant seeks to challenge as invalid The application of EU law in the English courts has also had an impact on judicial review procedure. This Practice Note deals primarily with the impact of EU law on judicial review in the context of the UK being an EU Member State. However, the last section of this note addresses the position after the

IP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s withdrawal from the EU. At this point in time (referred to in UK law as ‘IP completion day’), key transitional arrangements come to an end and significant changes begin to take effect across the UK’s legal regime. This document contains guidance on subjects impacted by these changes. Before continuing your research, see Practice Note: What does IP completion day mean for lending lawyers? [Archived]. What is FATCA? The Foreign Account Tax Compliance Act (FATCA) is a piece of US tax legislation enacted by President Obama in 2010. FATCA's primary aim is to help the Internal Revenue Service (IRS) gather information on US taxpayers with investments outside of the US. The primary FATCA legislation as originally enacted applies to many types of non-US financial institutions, including banks but also certain insurance companies and funds, and also has extreme extra-territorial effect. As a result it has since 2010 provoked much discussion,

PI & Clinical Negligence analysis: With the impending introduction of Fixed Recoverable Costs (FRC) for most claims of up to £100,000 on 1 October 2023, Jon Andrews, partner at Express Solicitors, considers the likely implications for personal injury litigation from a practitioner’s perspective.