Arbitration analysis: In two decisions dated 17 May 2022, the PRIDE case and the Billionaire case, the Paris Court of Appeal dismissed two claims for annulment of an award, which were based on an arbitrator’s alleged breach of its duty of disclosure—a component of the arbitral tribunal’s duty of independence and impartiality. This outcome is not surprising, since the French courts rarely annul awards, and even more so on the basis of an arbitrator’s lack of independence and impartiality. However, these two decisions provide insights into the ever-evolving position of the Paris Court on the conditions to challenge an award on this basis. Read together with other recent decisions of the court, they will provide helpful guidance to navigate the arbitral tribunal’s duties, but give little hope for parties wishing to challenge an arbitrator for lack of independence, if the alleged circumstances go back in time and are deemed academic. Written by Flore Poloni, partner & Kimberley Bazelais, associate at Signature Litigation.

The Market Standards Trend Report provides a high-level overview of key data points in relation to parallel merger investigations that have been carried out by the CMA and the European Commission since the end of the Brexit transition period on 31 December 2020. The report also offers market commentary from leading experts on how the CMA and the Commission have approached parallel cases in the four years since Brexit, as well as some general thoughts on what to expect for parallel reviews in 2025 and beyond.

Commercial analysis: Emma Fuller, partner and head of credit hire at DAC Beachcroft, assesses the key developments in credit hire claims concerning hire rates and examines in detail the relevant case law.

ARCHIVED: This archived report examines market trends in respect of delistings from and IPOs on AIM between Q3 2012

ARCHIVED: This report aims to establish for both executive and non-executive directors: • how many agreements included

The unlawful presence of a person on land which is in the possession of another.

The act of remaining or entering on land without a right to do so.

This Practice Note covers the procedure to recover possession from trespassers who entered premises as trespassers (more commonly known as squatters), or who remained on land without the consent of the person entitled to possession, by issuing possession proceedings under CPR 55. It does not include a claim against a tenant or sub-tenant, whether or not their tenancy has been determined. For recovery of possession from a former tenant or sub-tenant who remains in premises unlawfully on expiry of lawful occupation, see Practice Note: Possession proceedings. This Practice Note also does not deal with private residential property let on an assured shorthold tenancy (ASTs) or social housing (including secure tenancies granted under the Housing Act 1985). For more information in respect of ASTs, see Practice Notes: Assured and assured shorthold tenancies—granting and Terminating assured and assured shorthold tenancies—pre-Renters' Rights Act position, and in respect of secure tenancies, see Practice Note: Secure tenancies [Archived]. Possession proceedings Although squatting in a residential property is a criminal offence that can be referred to the police (see Practice Note: Trespass—remedies),

This Practice Note covers what trespass to land is, including trespass in relation to minerals and airspace, trespass by a tenant after expiry of a lease, continuing trespass, who can bring a claim, the necessary elements for actual possession and the possible defences to a claim for trespass. What is trespass? Trespass is the unlawful presence of a person on land or buildings in the possession of another, including: • wrongfully setting foot on or riding or driving over it • taking possession of it or expelling the person in possession • unlawfully remaining after authority expires (eg a former tenant remaining in possession against the will of the owner is, apart from statutory protection, a trespasser from the date of determination of the tenancy. However, a tenant holding over is not a trespasser until demand for possession is made, as trespass can only be committed against the present possessor of the land). For further guidance, see Practice Note: Possession proceedings • using it unlawfully for a purpose other than that for which a public or private right

This Practice Note covers the remedies available to landowners who find their property has been unlawfully occupied by a trespasser or squatter, issues that may arise as a result of trespass, potential remedies available to the landowner including physical repossession, while taking into account the Criminal Law Act 1977 (CLA 1977) and the exception in respect of displaced residential occupiers, use of police powers to arrest where appropriate, the impact of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO 2012) in criminalising residential squatting, injunctions and interim injunctions, damages including the negotiating damages model, mesne profits, exemplary damages and aggravated damages, anticipated damages, and res judicata defences. The methods of regaining possession from a trespasser which are available to a landowner include: • physical repossession • arrest of the trespasser by the police for a criminal offence • injunction • possession claim (including a claim for an interim possession order) In addition to the above remedies which are available for regaining possession, a landowner may also seek damages in respect of the trespass. Physical repossession At

A criminal offence which can be tried in either the magistrates’ court or the Crown Court.

Jury trials in civil claims are extremely exceptional. The statutory framework governing trial by jury in civil claims is contained in section 69 of the Senior Courts Act 1981 (SCA 1981) (for High Court claims) and section 66(1) of the County Courts Act 1984 (CCA 1984) (for County Court claims). Pursuant to this framework, civil jury trials are only likely to arise in claims where there is in issue a charge of fraud or a claim for malicious prosecution or false imprisonment. However, even in these categories, the court may decline to order trial by jury where certain statutory exceptions apply. This Practice Note considers when a civil claim (other than for defamation) may be tried by a jury in the High Court or County Court. For information on defamation and trial by jury in this context, see Practice Note: Defamation. When is jury trial permitted in the High Court? The King’s Bench Division of the High Court can order a jury trial in certain circumstances as set out in SCA 1981, s 69(1). This