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GLOSSARY
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Q&As
C is the sole surviving executor of A, who died in 2008. D and E are the executors and joint beneficiaries of B, who was the sole residuary beneficiary of A’s estate. D and E are concerned about C’s delay in finalising the administration of A’s estate, and C’s fees for doing so. The following questions arise: • what duties does C owe to D and E? • could D and E have C removed as executor? If so, how can this be done? • who can challenge C’s fees and how? In answering this Q&A we have not considered the validity or otherwise of C’s stated reasons for the delay in administering A’s estate. We have also assumed that D and E are wholly and beneficially
GLOSSARY
Control and Instrumentation / Instrumentation and Control: The collective term for all the electronics and measurement devices that together run a nuclear power plant. NPP C&I comprises or contributes to some of all of the following: automatic control of plant, alarms and indications, visualisation of plant parameters, facilities to allow manual plant control, automatic protection systems, engineered safety features.
PRACTICE NOTES
CASE HUB ARCHIVED—this archived case hub reflects the position at the date of the judgment of 3 September 2020; it is no longer maintained. See further: timeline and relevant/related cases. Case facts Outline Appeal of the General Court judgment in Case T- 79/16 upholding an action against the Commission’s decision in SA.27301—alleged illegal State aid in connection with the subsidised acquisition or free granting of land for nature conservation in the Netherlands. Latest developments On 3 September 2020, the Court of Justice issued its judgment, in which it dismissed the appeals and upheld the General Court’s judgment and confirmed the annulling the Commission’s 2015 decision. Parties Appellants:• European Commission (the Commission) and 13 Land management organisations (LMOs)Respondent:• Vereniging Gelijkberechtiging Grondbezitters (VGG) and 21 other applicants (together, VGG and Others) Background Background LMOs are non-profit-making, non-governmental associations and foundations whose statutes specify that their object is nature conservation and protection.With a view to establishing an ecological structure and a ‘Natura 2000’ network
NEWS
Arbitration analysis: The Paris Cour d’Appel upholds an annulment challenge brought by Opportunity Fund (‘OF’) to an ICC Award with a facts-based analysis of the nature of previously undisclosed business links between a third-party parent company and the law firm in which the presiding arbitrator was a partner. The court held that irrespective of the whether the parent, Vivendi, had legal control over Telecom Italia (T.I.), the size of its shareholding and the direct involvement in T.I.’s affairs meant that the outcome of the arbitration was of significant importance to it. The importance and significance of the relationship between the firm and Vivendi was confirmed by that law firm’s choice, at the time of the disqualification application against its partner (the presiding arbitrator) to ‘give priority to continuing the business relationship notwithstanding the existence of the arbitration proceeding’. The court held that these links were such that they would likely affect the arbitrator’s independence, characterising an objective situation of conflict of interest likely to give rise to reasonable doubts about the arbitrator’s independence in the minds of the parties. Written by Adi Trivedi, associate, and Sara Nadeau-Seguin, partner at Teynier Pic in Paris.
NEWS
Pensions analysis: The Court of Appeal (CA) dismissed the taxpayers’ appeals against the decision of the Upper Tribunal (UT) finding that expenditure incurred by them was disallowed under section 54 of the Corporation Tax Act 2009 (CTA 2009), because it was not incurred ‘wholly and exclusively for the purposes of the trade’. The CA also upheld the decision of the UT on HMRC’s cross-appeal, that the expenditure was not disallowed under CTA 2009, s 1290. Written by Rebecca Murray, Barrister at Devereux Chambers.
NEWS
The Civil Aviation Authority (CAA) has published the UK Specific Operations Risk Assessment (SORA) as Acceptable Means of Compliance to UK Regulation (EU) 2019/947 Article 11, effective from 23 April 2025. The publication includes new Remote Pilot Competence standards within AMC/GM, effective immediately, alongside an update to CAP 722B. The CAA will launch a digital UK SORA Application Service in April 2025 for Operational Authorisation applications. Current Operational Authorisations will remain valid for their stated period, with a transition period planned for Operating Safety Case updates.
NEWS
The Civil Aviation Authority (CAA) has published a new edition of the CAP 722 Unmanned Aircraft System Guidance. CAP 722 is the main document for the operation of unmanned aircraft systems (UAS) in the UK and is designed to assist those involved in all aspects of both the development and operation of UAS. The new edition represents a restructuring of its predecessor’s contents in order to reflect the requirements of the UAS regulations that come into force after 31 December 2020.
NEWS
The Citizens Advice Bureau (CAB) has published the first in a new series of reports looking into the immigration landscape from the perspective of its advisers. The first report is critical of current Health and Care Worker visa policy, calling it 'a recipe for exploitation' and providing real-life case studies of those who have suffered as a result of visa issues, mistreatment by employers and low pay. The report outlines the various reasons why the current scheme is failing those who take part in it, with a particular focus on care workers. It provides a number of recommended changes.
CAC
GLOSSARY
Collective action clause—typically used in US deals to refer to clauses where a defined majority of creditors can bind all creditors.
NEWS
The Central Arbitration Committee (CAC) has announced that, as part of changes to the statutory recognition scheme under the Employment Rights Act (ERA 2025), the CAC Application form under Part 1 of Schedule A1 to the Trade Union and Labour Relations (Consolidation) Act 1992 (TULRCA 1992) and the Response form have been updated and must be used for all new applications submitted on or after 12 am on 6 April 2026. Any applications submitted without the required request letter and employer response (if any) will be rejected.
GLOSSARY
Children and Family Court Advisory and Support Service.