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There is currently considerable discussion about what enforcement covers in the context of section 126 of the Consumer Credit Act 1974 (CCA 1974). Certainly the Financial Conduct Authority (FCA) considers that any coercive action taken by a security holder including the type of steps you mention fall within the scope of CCA 1974,
Q&As
The Sanctions and Anti-Money Laundering Act 2018 (SAMLA 2018) governs the ability of the UK to impose sanctions and to implement regulations relating to money-laundering and terrorism financing, post-Brexit. SAMLA 2018, Pt 1 establishes a sanctions framework, giving the Secretary of State and the Treasury wide powers to impose sanctions considered appropriate to comply with a UN regulation, any other international obligation or various specified purposes. By SAMLA 2018, s 44 where an act (which includes an omission) is done in the reasonable belief that act or omission is in compliance with regulations made under SAMLA 2018, s 1 (sanctions regulations) or directions given by virtue of SAMLA 2018, ss 6 or 7 (aircraft and shipping sanctions, respectively), a person is not liable to any civil proceedings
Q&As
Unfortunately, we are unaware of any general guidance regarding the 'reasonable copying costs' requirement under CPR 31.15. Apart from CPR 31.15(c), the CPR does not make any specific provision for the costs of inspection. However, the costs of inspection ought to have been addressed in, among other things, any disclosure report and/or costs budget. In
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Ground 6 has similar wording to ground (f) in section 30(1) of Landlord and Tenant Act 1954 (LTA 1954) where the ground is made out if the landlord intends to carry out substantial work of construction on the holding. However there is no requirement in ground 6 of substantial works of construction, simply substantial works. However, some commentators suggest that the courts may construe the words ‘intends’, ‘demolish’, ‘reconstruct’
Q&As
In answering this Q&A research has been focused on: • Ofgem’s ‘Guidance for generators that receive or would like to receive support under the Renewables Obligation (RO) scheme’, dated 13 March 2017 (Ofgem Generator guidance), • the Renewables Obligation Order 2015 (ROO), SI 2015/1947 • the Electricity Act 1989 (EA 1989) • the Electricity (Class Exemptions from the Requirement for a Licence) Order 2001, SI 2001/3270 (Class Exemptions Regulations) It has been assumed this Q&A does not relate to a hydro generating station or offshore generation facility, given that specific additional factors would apply when considering these types of generating station. As identified, in the absence of a definition of ‘generating station’ in the ROO, SI 2015/1947 (other than in the context of hydro, specifically), the Ofgem Generator guidance provides guidance (at paragraphs 2.12–2.23) on Ofgem’s interpretation of this term. However, the
Q&As
We refer you to Precedents: Loan agreement—individuals and Loan agreement and charge—individuals. Also see the following Q&As: • Can an
Q&As
A special purpose acquisition company (SPAC) is a type of company formed to raise money from investors, which it then uses to acquire another operating business. On 10 August 2021, amended listing rules and FCA guidance relating to the listing of SPACs came into force further to the FCA consultation launched in April 2021 in response to recommendations made by Lord
Q&As
Written in partnership with Danette Antao (Senior Knowledge Lawyer, Hogan Lovells International LLP) and Catherine Lah (Senior Associate, Hogan Lovells International LLP). This Q&A considers the continuing obligations of a commercial company with a listing of shares on the standard segment of the Financial Conduct Authority's (FCA) Official List (a standard listed company). A standard listed company is subject to the minimum listing requirements imposed by EU directives. In comparison, a company whose shares are listed on the premium segment of the Official List are also required to comply with super-equivalent standards imposed by the FCA’s premium listing rules which are more onerous than the minimum EU requirements. What are the key continuing obligations for a standard listed company? A standard listed company must comply with its continuing obligations which are set out in the Listing Rules (LRs), the Disclosure Guidance and Transparency Rules (DTRs) and the Market Abuse Regulation (EU) No 596/2014 (MAR). The key obligations are summarised below. Listing Rules A standard listed company must comply
Q&As
Outsourcing refers to the delegation of a business activity by an organisation (the client) to an external entity (the supplier or service-provider) specialising in that activity. The activity in question will usually involve a number of staff, and may amount to a relevant transfer for the purposes of the Transfer of Undertakings (Protection of Employment) Regulations 2006, SI 2006/246 (TUPE 2006). For further information, see our Outsourcing and joint ventures—overview. See also Precedents: • Outsourcing agreement—long form • Outsourcing agreement—short form By contrast, the term ‘consultancy agreement’
Q&As
The Marine and Coastal Access Act 2009 (MCAA 2009) includes a marine licensing regime within the ‘UK marine licensing area’. The ‘UK marine licensing area’ consists of: • the territorial sea adjacent to the UK (out to 12 nautical miles) • any area of sea within the limits of the ‘exclusive economic zone’ (from the edge of the territorial sea out to 200 nautical miles from the baseline—to be determined exactly in regulations), and • the area of sea within the limits of the UK sector of the continental shelf (out to 200 nautical miles) and includes the bed and subsoil of the sea. See MCAA 2009, ss 44 and 66(4). MCAA
Q&As
Artificial intelligence (AI) refers to the common science fiction theme that a computer or a machine can make decisions based on sentiment rather than logic; essentially that it can ‘think’. The reality is that machines today make decisions based on pre-programmed code. Machines which can learn, do so based on a set of fixed parameters decided by a human. The exponential increase in computer processing power over the last 40 years however, means that machines can now display characteristics which we would previously have attributed only to human cognitive capability, such as writing reports or articles. These appear to demonstrate an expression of creativity. Which leads to the question: who owns the copyright in creative text written entirely by a computer? The law In the United Kingdom, under section 9(1) of the Copyright, Designs and Patents Act 1988 (CDPA 1988), the author of a work is the person who creates
NEWS
Law360, Expert analysis: On 26 January 2024, in a pro-policyholder coronavirus business interruption (BI) insurance test case, the High Court of Justice of England and Wales handed down its decision in Gatwick Investment Ltd v Liberty Mutual Insurance on key questions relating to whether certain prevention of access, non-damage clauses in a BI policy responded to coronavirus-related loss. Josianne El Antoury, special counsel, and Greg Lascelles, partner, at Covington & Burling LLP outline the key questions that the High Court considered, its findings in respect of each question and analyse the decision for policyholders.