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The bringing of an appeal does not automatically operate to suspend the effect of any requirement to pay a fine. The fact that an appeal is pending does not operate to suspend the operation of a fine. Nor is there any separate power for the Court of Appeal to suspend a fine pending appeal: see R v Day per Lord Thomas LCJ. Defendants wishing to defer payment of a fine pending the outcome of an appeal may wish to consider applying to the court to vary the order for the payment terms of the fine
Q&As
Land or buildings can be nominated for listing as assets of community value (ACVs) if their principal use furthers (or has recently furthered) the community’s social well-being or social interests, and is likely to do so in the future. Currently, the provisions in the Localism Act 2011 (LA 2011) and Assets of Community Value (England) Regulations 2012, SI 2012/2421 do not prohibit the redevelopment of an ACV; instead, LA 2011, s
Q&As
The Public Contracts Regulations 2015, SI 2015/102 (PCR 2015) apply only to a ‘contracting authority’. The definition of a ‘contracting authority’ includes • central government • local authorities • associations formed by one or more contracting authority, and • bodies governed by public law (such as housing associations) See Practice Note: Introduction to public contracts procurement—pre PA 2023 [Archived] for more information. When a contracting authority reaches its decision on contract award, under PCR 2015, SI 2015/102 it must hold a standstill period. This is a mandatory period between notification of a contract award decision and entering into the contract, allowing unsuccessful tenderers the opportunity to: • seek further information from the contracting authority, and • consider whether their rights have been prejudiced during the procurement process If the unsuccessful bidders believe that their rights have been prejudiced they can apply to have the contract award decision set aside (and/or claim for damages). See Practice Note: The
NEWS
Environment analysis: What might Brexit mean for the UK’s oil and gas industry? Penny Cygan-Jones, senior knowledge lawyer, Nick Prowse, partner and Kim Wood, partner, at Norton Rose Fulbright, consider the likely impact of Brexit, and the subsequent government reorganisation, on the UK’s oil and gas industry and how such events might affect investment in the sector going forwards.
Q&As
How will European patents and the UK patent system be affected, if at all? What will happen to existing Supplementary Protection Certificates (SPCs) and paediatric extensions and will they still be available after Brexit? What will Brexit mean for the future of the Unified Patent Court (UPC) and the UK’s involvement in the system? Are there any practical steps that patent and/or SPC proprietors should be taking to prepare for Brexit? European and UK Patent Systems Brexit will not affect the existing European patent system because the European Patent Convention (EPC), which established the European Patent Office and governs the grant of European patents, is a treaty between contracting states, not a piece of EU legislation. The UK will remain a signatory to the EPC irrespective of whether they are a member of the EU, as is the case for Norway, Switzerland and Turkey. Similarly, the Patent Cooperation Treaty (PCT), which allows an applicant to file one patent application designating multiple jurisdictions, is not a piece of EU legislation
Q&As
This Q&A considers the impact of the UK’s decision to leave the EU will have on the current regime which protects geographical indications. The current legal framework At present, Protected Geographical Indications (PGIs) are protected in the UK by virtue of EU Regulations, including Regulation (EU) No 1151/2012, which covers agricultural products and foodstuffs and Regulation (EU) No 110/2008, covering spirits. Other EU Regulations cover the description, presentation of, and geographical indications for wines, although this Q&A does not specifically deal with the subject of wine. PGIs under the EU Regulations, like EU trade marks, have unitary effect across all EU Member States. See Practice Note: Protection of geographical indications,
Q&As
The EU principle of exhaustion of trade mark rights currently has effect in the UK by virtue of two pieces of legislation: • section 12 of the Trade Marks Act 1994 (TMA 1994) (which implements article 7 of Directive 2008/95/EC) in respect of national trade marks, and • article 13 of the Council Regulation (EC) No 207/2009 (as amended by Regulation (EU) 2015/2424) (the EU Trade Mark Regulation) in respect of EU trade marks Both the above provide that trade mark rights cannot be enforced against goods which have been put on the market bearing the relevant trade mark ‘in the European Economic Area’ by the trade mark owner or with his consent, unless there are ‘legitimate reasons’ for
Q&As
Vaccination Current case law concerning the coronavirus vaccination relates only to the vaccination of the child themselves rather than the vaccination of a parent. In M v H (private law vaccination), the father applied initially for a specific issue order that the child should receive the MMR (measles, mumps, rubella) vaccination. He subsequently widened his application to encompass all the normal childhood vaccinations, as well as the vaccination for coronavirus. At the time of the application, the coronavirus vaccination had not been rolled out to children. MacDonald J declined to consider the issue of the coronavirus vaccination due to the lack of guidance at that stage from the National Health Service (NHS). He did, however, observe (at para [4]) as follows: ‘…it is very difficult to foresee a situation in which a vaccination against COVID-19 approved for use
Q&As
Every four years we have a ‘leap year’, ie a year in which: • February has 29 days instead of 28, and • there are 366 days in the year instead of 365 The sections below outline the key issues for employers and workers to be aware of about a leap year. References to workers include employees. Pay The way in which a worker’s pay is calculated, and the frequency at which it is paid, should be set out in the contractual terms, see Practice Note: Written statements of employment particulars. Some employees receive an annual salary whereas others are paid on an hourly basis. An worker’s hourly rate of pay cannot be lower than the national living wage (NLW) or national minimum wage (NMW), as applicable. See Practice Note: National minimum wage. Whether or not a leap year will have any impact on a worker’s pay will depend upon the terms of their contract. For example: • a worker who is paid
Q&As
When considering any application for a financial remedy, the court must have regard to the factors set out in section 25 of the Matrimonial Causes Act 1973 (MCA 1973) and achieve an outcome that is fair in accordance with the principles of needs, sharing and compensation. This is the case whether the marriage is brought to an end by a divorce order or a nullity order. We are not aware of any recent case law in which non-consummation has been considered conduct that would be inequitable for the court to disregard in financial proceedings. Conduct is a specific factor to be taken into account under MCA 1973, s 25(2)(g) if that conduct is such that it would ‘in the opinion of the court be inequitable to disregard it’. Cases in
Q&As
There do not appear to be any direct SDLT rules that applying specifically to Personal Injury (PI) trusts. PI trust monies are generally in ‘cash’. Practice Note: Tax and the personal injury trust provides an overview of the main tax implication of a personal injury trust;
Q&As
We refer you to the following resources which address the question of what information beneficiaries of a trust are entitled to: • Practice