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GLOSSARY
When a life policy is issued, ie the application has been accepted by the life company, the applicant is offered the opportunity to change his mind.
Q&As
The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, SI 2013/3134, apply if you enter into an off-premises or distance contract with a consumer client. At the heart of the regulations is the duty to give the client: • notice of their right to cancel (called Instructions for cancellation) and • a prescribed cancellation form These are separate documents, which can be found in Schedule 3 of the Regulations—see precedents: Instructions for cancellation (non-digital content) or Instructions for cancellation (digital content) and Cancellation form This Q&A deals with the practical question: should you include the Instructions for cancellation in your client care letter or terms of business. It also suggests best practice where you are entering into a funding agreement, eg a conditional fee agreement (CFA) or damages-based agreement (DBA). Where this Q&A refers to CFAs, the same principles apply to DBAs. Standard retainer If you are not entering into a CFA, you will probably incorporate the Instructions for cancellation into your client care letter or Terms of Business
PRACTICE NOTES
BREXIT: 11pm (GMT) on 31 December 2020 (‘IP completion day’) marked the end of the Brexit transition/implementation period entered into following the UK’s withdrawal from the EU. Following IP completion day, key transitional arrangements come to an end and significant changes begin to take effect across the UK’s legal regime. This document contains guidance on subjects impacted by these changes. Before continuing your research, see: Brexit and financial services: materials on the post-Brexit UK/EU regulatory regime. This Practice Note explains the rules for the cancellation of client agreements. The rules, which are contained in chapter 15 of the Financial Conduct Authority's (FCA) Conduct of Business sourcebook (COBS 15) are relevant for: • most firms who provide retail financial products based on 'designated investments' (as defined in the glossary to FCA Handbook), and • firms who have distance contracts with consumers for 'designated investment business' (as defined in the glossary to FCA Handbook) or as part of the activity of issuing electronic money COBS 15 implements Article 6 of Directive 2002/65/EC (the Distance Marketing Directive) and Article 186 of
PRACTICE NOTES
STOP PRESS: A significant restructuring of the UK listing regime came into effect on 29 July 2024, which included the removal of the premium and standard listing segments and the creation of a single listing category for equity shares in commercial companies. The commercial companies category is heavily disclosure-based and sits alongside other listing categories, such as the shell companies, secondary listing and closed ended investment fund categories. A new UK Listing Rules sourcebook came into force to implement the changes and the previous Listing Rules sourcebook was revoked. For further information, see Practice Note: Reform of the UK listing regime—fundamentals. This Practice Note reflects the listing regime as it was prior to 29 July 2024. In addition, this Practice Note refers to an earlier version of the UK Corporate Governance Code, rather than the current version that was published on 22 January 2024. For further information, see Practice Note: The UK Corporate Governance Code. In additon, significant reforms to the UK prospectus regime came into force on 19 January 2026. The new rules governing public offers
CHECKLISTS
Requirement Compliant Does your new client/matter process identify clients who have cancellation rights under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013? See Practice Note: Different types of cancellation rights—law firmsDecision tree: does my client have cancellation rights (from 14.06.2014) If yes, does that process identify whether the cancellation rights arise out of an off-premises contract or a distance contract? Before the client is bound by the contract, do you give them:—the information required by Schedule 2 of the Regs—this information is covered in our Client care letter 2019—law firms and Terms of business—law firms—notice of cancellation rights—see Instructions for cancellation—Cancellation form?For off-premises contracts, you must give the information on paper or, if the client agrees, a durable medium, eg email.For distance contracts, there is no requirement for paper or even a durable medium—you can simply give or make the information available to the client, but if you do use email or post, the information must be legible. Do you have a process for
NEWS
Public Law analysis: The Supreme Court dismissed an airline’s appeal that it should not pay compensation due to ‘extraordinary circumstances’ under EU Regulation 261 for a cancelled flight. In so doing it unanimously held that the Court of Appeal was wrong to apply an amended domestic set of Regulations to the Lipton’s claim, a basic principle of the rule of law being that the applicable law is that which is in force when the event took place. There was no suggestion in the Regulations that they applied to past events. Of interest to those outside the travel industry is the Supreme Court’s discussion obiter dicta as to how the respondents’ claim, which arose in 2018 under EU Regulations, survived the legislation implementing the UK’s withdrawal from the EU. The majority found that the European Union (Withdrawal) Act 2018 (EU(W)A 2018) introduced a ‘Complete Code’ which ‘brought forward’ the cause of action which accrued due to events which took place before IP completion day as retained EU law under EU(W)A 2018, as well as the law under which that cause of action arose. The dissenting judgment from Lord Lloyd-Jones argued that the correct analysis was the ‘Interpretation Act analysis’ under which EU(W)A 2018 transposed certain rules of EU law into domestic law but left undisturbed any cause of action which accrued under EU law before IP completion day, unless expressly provided for otherwise. The cause of action was ‘saved’ by section 16 of the UK’s domestic Interpretation Act 1978 (IA 1978), which provides that the repeal of an enactment does not affect the right which had accrued under the relevant enactment, unless expressly provided for. All agreed that the airline’s defence did not stand and the Liptons were entitled to €250 for their cancelled flight. Written by David Mundy, partner and Ally Temple, solicitor at BDB Pitmans LLP.
NEWS
Cancer Research UK (CRUK) has published a report revealing the significant impact of UK immigration costs on research. The report details that CRUK institutes spent £870,000 on visa fees and the Immigration Health Surcharge during 2024–25. These additional costs have diverted money away from critical cancer research. This is evident from the increased budgets to absorb the rising immigration expenses which are cost equivalent to either two three-year cancer research projects, 22 postdoctoral research salaries, training of 40 new PhD students each year or three catalyst awards to accelerate translation of discoveries into cancer drugs. CRUK also reports that a substantial 96% of cancer researchers are experiencing difficulties in recruiting international talent, which is causing delays in cancer research projects and leading to a decline in international applications.
PRACTICE NOTES
The area of medicine which deals with cancer diagnosis and treatment is oncology. Dealing with oncology clinical negligence claims requires an understanding of the nature of cancer and the many different types, symptoms and treatment, methods of diagnosis as well as the limitations on what can be achieved with diagnosis and intervention. Timings of actual and hypothetical non-negligent treatment in the counter-factual scenario are vital in dealing with causation and injury. Choice of expert is not always straightforward. These are cases where management of a claimant’s expectations is important from the outset. A choice sometimes has to be made between seeking damages as a live claimant or for the estate or dependents of the deceased. This Practice Note therefore looks at the basics of what is cancer, how and when it is diagnosed and treated, limitations on treatments and the applicable case law. What is cancer? Cancer occurs when cells in the body divide at a faster rate than normal, becoming a lump or tumour. These tumours can be benign or malignant. There are
PRACTICE NOTES
ARCHIVED: This Practice Note has been archived and is not maintained. What were the Cancun Agreements? Title Cancun Agreements Location Cancun, Mexico Date 29 November–10 December 2010 Subject Climate change The 16th United Nations Climate Change Conference (COP16) and the sixth session of the Conference of the Parties serving as the Meeting of the Parties to the Kyoto Protocol (CMP 6), was hosted by Mexico at Cancun in 2010. The conference drew almost 12,000 participants, including 5,200 government officials, 5,400 representatives of UN bodies and agencies, intergovernmental organisations and nongovernmental organisations, and 1,270 accredited members of the media. The decisions made in the Cancun Agreements produced the basis for a comprehensive and far-reaching international response to climate change concerning the reduction in carbon emissions and the creation of a system where all countries are to be accountable to each other for those reductions. Then Executive Secretary of the UN Framework Convention on Climate Change, Christina Figueres, summarised the outcome of the Cancun Agreements stating ‘Cancun was a big step, bigger than
NEWS
Public Law analysis: After a High Court declaration in R (KTT) v the Secretary of State for the Home Department regarding the unlawful inconsistency of the defendant’s modern slavery leave policy with its policy to comply with Article 14(1)(a) of the Council of Europe Convention on Action against Trafficking in Human Beings 2005 (‘ECAT’), the defendant failed to amend its policy. Instead, during and after its appeal it operated a secret unpublished policy whereby officials were told not to make decisions for victims of trafficking who had made asylum claims. This was unlawful and a breach of articles 8 and 14 of the European Convention on Human Rights (ECHR). Those who brought judicial review claims were granted discretionary leave, in an effort to keep the policy secret. The defendant’s response to the claimant’s claim involved significant failures in the duty of candour, and over-redaction of documents. Written by Emily Wilsdon, barrister at 39 Essex Chambers.
GLOSSARY
A vessel for waste for handling, transport, storage and/or disposal. It is part of the waste container and the waste package. An example would be molten glass poured onto high level waste glass and in a specially designed canister, to cool and solidify. Canister usually refers to high level waste.
PRACTICE NOTES
CASE HUB (appeal lodged at General Court by Riberebro in Case T- 313/16)  ARCHIVED–this archived case hub reflects the position at the date of the final decision of 6 April 2016; it is no longer maintained. See further, timeline. Case facts Outline European Commission Article 101 TFEU investigation into a cartel in the market for canned mushrooms (AT.39965). The cartel involved information sharing, price-fixing, agreed volume targets and the allocation of customers. Latest developments On 6 April 2016, the Commission issued an infringement decision against Riberebro and imposed a fine of €5.194m. The fine included a 50% reduction for leniency. This follows the Commission's infringement decision (and fines totalling €32.2m) imposed on Lutèce, Prochamp and Bonduelle on 25 June 2014 after a settlement. Parties • Lutèce (based in the Netherlands) • Prochamp (based in the Netherlands) • Bonduelle (based in France) • Riberebro (based in Spain) Market(s) Canned mushrooms—this includes all mushrooms sold in tins and jars and does not include