This Q&A assumes that: • an English court would recognise the English Wills of A and B as mutual Wills on their terms, and • the first testator A was domiciled in England at the time of their death We have not been able to find any authorities which would definitively answer the question. However, we would make the following observations: The main issues which need to be considered appear to be: • would an English Court recognise the formal validity of the surviving testator B’s French Will? • does the constructive trust which arises under B’s English Will as a result of the mutual Will doctrine apply to B’s UK and French assets, or only to their UK assets? In relation to the first issue, in the UK, the Convention of 5 October 1961 on the Conflicts of Laws Relating to the Form of Testamentary

When do you seek an order for sale? A charging order only secures the judgment debt, it does not satisfy it. For more information on charging orders, see Practice Note: Pre-6 April 2016—charging orders—what are they and when to use them [Archived] and for the procedure for obtaining one, see Practice Note: Pre-6 April 2016—procedure for obtaining interim and final charging orders. If the debtor does not satisfy the judgment or order, the creditor can enforce the charge by seeking an order for sale of the charged asset. CPR 73.10 provides that a person who has

In these circumstances, it is appropriate to address such a notice ‘to the personal representative of X’ (the deceased) by virtue of the Administration of Estates Act 1925. Representative appointment Administration of Estates Act 1925, s 1(3) provides that when a person is deceased: ‘The personal representatives shall be the representative of the deceased in regard to his

We refer you to our Lexis®+ UK Restructuring and Insolvency Practice Note: Rent deposit deed—effect of insolvency From the guarantor’s point of view, he should request that the money in the rent deposit deed (RDD) is applied in satisfaction of the rent due as the liquidator will not be able to recover twice for the money (ie take rent from guarantor and the rent deposit). Where the sum in the RDD exceeds the

Life Sciences analysis: One of the most significant public health reforms has been designed to create what the government describes as a ‘smoke-free generation’ while also tightening controls around vaping and nicotine products. Written by Joanna Onisiforou and Jane Anderson of Irwin Mitchell LLP.

The Department of Health and Social Care has announced that the Tobacco and Vapes Bill has received Royal Assent. This Act makes it illegal to sell tobacco to anyone born on or after 1 January 2009, thereby creating the UK's first smoke-free generation. The legislation bans the advertising and sponsorship of vapes and nicotine products while also granting powers to restrict their packaging, branding and displays that might appeal to children. It further bolsters smoke-free protections in certain public areas, with a strong focus on shielding children and medically vulnerable individuals from second-hand smoke. In addition, the Act introduces enhanced enforcement measures, including the ability to implement a retail licensing scheme designed to address illicit tobacco and vape sales.

CASE HUB ARCHIVED—this archived case hub reflects the position at the date of the judgment of 10 January 2020; it is no longer maintained. See further, timeline and commentary Case facts Outline An appeal by Tobii AB (publ) against the Competition and Markets Authority’s decision of 15 August 2019 prohibiting the completed acquisition by Tobii AB (publ) of Smartbox Assistive Technology Limited and Sensory Software International Limited (together Smartbox) and the complete divestment of Smartbox (ie to unwind the transaction. Latest development On 17 February 2020, the CAT issued a ruling in on consequential matters (including permission to appeal (which was rejected) and costs). Parties • Tobii AB (publ) (Tobii): Tobii is a Swedish high-technology company that develops and supplies products or assistive technology for communication and eye control and tracking.• Competition and Markets Authority (CMA) Background The transaction On 20 August 2018, Tobii announced that it had agreed to acquire Smartbox for total consideration of £11m. Completion occurred on 1 October 2018. The CMA’s investigation The CMA commenced an investigation on its own initiative and issued an Initial Enforcement

CASE HUB NOTE—appeal lodged before the CAT in 1332/4/12/19 ARCHIVED—this archived case hub reflects the position at the data of the decision of 15 August 2019; it is no longer maintained. See further, timeline and commentary Case facts Outline UK merger investigation into the completed acquisition by Tobii AB of Smartbox Assistive Technology Limited and Sensory Software International Limited. Tobii AB and Smartbox Assistive Technology Limited and Sensory Software International Limited are the two largest developers and suppliers of augmentative and assistive communication (ACC) technology that enables people with complex speech and language needs to communicate. The products include specialised hardware and software, such as alarms systems, speech generating devices and hearing technologies. Latest developments On 15 August 2019, the CMA issued its final report in its phase 2 investigation. The CMA found that the transaction raised significant competition concerns as Tobii AB and Smartbox Assistive Technology and Sensory Software International Limited are two of the UK’s leading suppliers of ACC solutions and compete closely. To remedy the SLC, the CMA decided

Option in a facility agreement (typically a mezzanine facility agreement) for the borrower to pay payment in kind interest rather than cash interest.

Option in a facility agreement (typically a mezzanine facility agreement) for the borrower to pay PIK interest rather than cash interest.

1. Have there been any recent developments regarding the Togolese merger control regime and are any updates/developments expected in the coming year? Are there any other ‘hot’ merger control issues in Togo? Competition in Togo is regulated by the Law No 99-011 of 28 December 1999 on the organisation of competition in Togo (Competition Law), but this law does not contain merger control provisions. The Directorate of Domestic Trade and Competition (DCIC) is Togo's administrative competition authority under the Minister of Commerce. Togo is a member of the West African Economic and Monetary Union (Union Economique et Monétaire Ouest Africaine) (WAEMU) and is subject to the competition rules and regulations of WAEMU, found in Directive 02/2002/CM/UEMOA (WAEMU Regulations). WAEMU has exclusive jurisdiction over merger control within its member states. The national authorities are empowered to monitor competition in the internal market, report any anticompetitive conduct and transfer any filing seeking negative clearance or individual exception to the WAEMU Commission. Togo is also a member of the Economic Community of West African States (ECOWAS) and Organisation pour I'harmonisation

Sincere congratulations to Toheeb Amuda for winning Young Arbitration Practitioner of the Year Award at the 2024 Africa Arbitration Awards (AAA).  Toheeb is the Managing Partner at Lawvocate Attorneys, a firm of lawyers, investment consultants, and arbitrators based in Lagos, Nigeria.