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Effect of registering security on the UK Ship Register on priority of security interests

Effect of registering security on the UK Ship Register on priority of security interests Registration can have an important effect on the priority of competing security interests. Broadly speaking, there are two different systems for registration: • registration against the asset which has been secured, and • registration against the entity providing the security This Practice Note is concerned with the first system of registration, where the asset which is the subject of the security is a ship registered in the UK. It briefly outlines the registration regime for ship mortgages before explaining the impact of registration on priority of competing security interests over ships. For information about how registration against other assets affects priority of security interests, see Practice Notes: • Effect of registering security at HM Land Registry or Land Charges Department on priority of security interests • Effect of registering security on the UK Register of Aircraft Mortgages on priority of security interests, and • Effect of registering security at the IP registries on priority...

The status of EU law in the UK after Brexit [Archived]

The status of EU law in the UK after Brexit [Archived] ARCHIVED: This Practice Note has been archived and is not maintained. This Practice Note provides background reading on the key forms and principles of EU law and legislation, examining the impact of Brexit on EU-derived law and legislation in the UK. For further reading on this subject, see Practice Notes: Brexit—key legislation explained and Retained EU law and assimilated law. For further reading on Brexit generally, see: Brexit toolkit. Effect of Brexit on EU law in the UK The UK ceased to be an EU Member State at 11 pm on 31 January 2020 (exit day). As of that point, directly applicable EU law ceased to apply to the UK under the EU Treaties and the UK ceased to be bound by the obligations under those treaties, which require EU Member States to ensure that their domestic legislation meets the EU obligations set out in EU laws. EU law itself, and its effect on Member States, is...

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Financial services outsourcing agreement (intra group)

Financial services outsourcing agreement (intra group) This Agreement is made on [insert date] Parties 1 [Insert name of party] a company incorporated in England and Wales (under number [insert registered number ]) whose registered office is at [insert registered address] (the Service Provider) and 2 [Insert name of party] a company incorporated in England and Wales (under number [insert registered number]) whose registered office is at [insert registered address] (the Firm) (each of the Service Provider and the Firm being a Party and together the Service Provider and the Firm are the Parties) Recitals: (A) The Firm is an [insert, eg investment management and advisory firm] and is authorised and regulated by the Financial Conduct Authority (FCA) (B) The Firm is a wholly owned subsidiary of the Service Provider (C) The Parties have decided to enter into this Agreement to document those operational functions which are being outsourced to the Service Provider and which are, in the opinion of the Firm,...

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Will the VAT Directive still be relevant for UK taxpayers once the Brexit implementation period is over?

Will the VAT Directive still be relevant for UK taxpayers once the Brexit implementation period is over? In order to answer this question it is necessary to understand the effect of the VAT Directive in UK law prior to Brexit, before going on to consider the position during and after the Brexit implementation period. The position prior to Brexit Member States of the EU (which, prior to Brexit, included the UK) are under an obligation to transpose EU Directives into national law. In the UK, this obligation was recognised in section 2(1) of the European Communities Act 1972 (ECA 1972) which expressly required all UK authorities to give effect to the powers, obligations, liabilities, remedies and procedures which are provided for by EU law. For more information, see Practice Note: Obligation to transpose and process EU Directives. If an EU Member State fails to correctly transpose a provision of a Directive into national law, and if certain conditions are met, the Directive can have direct effect....

A financial consent order was made several years ago, providing for the sale of a property in default of payment of a lump sum, but never implemented. Is the order still enforceable? Should an application be made first in respect of the timing and implementation of the order, given the delay in implementation?

A financial consent order was made several years ago, providing for the sale of a property in default of payment of a lump sum, but never implemented. Is the order still enforceable? Should an application be made first in respect of the timing and implementation of the order, given the delay in implementation? The order will remain enforceable subject to any supervening Barder events (per Barder v Calouri) which might make it capable of being set aside. Delay of itself is unlikely to satisfy the Barder requirements. Two critical issues may be: • the period of time which has elapsed (and therefore the delay) since the order was made • in the event of a sale under the terms of the original order, whether the party who was originally intended to be the recipient of the lump sum is entitled to receive a fixed share or a percentage share of the net proceeds of sale Much will depend on the circumstances of...

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EAT confirms indirect discrimination by association claims permitted for pre-1 January 2024 events (British Airways plc v Rollett & others (Minister for Women and Equalities intervening))

Employment analysis: The Employment Appeal Tribunal (EAT) has ruled that indirect discrimination under section 19 of the Equality Act 2010 (EqA 2010) should be read compatibly with the Court of Justice decision in CHEZ so as to allow a claim by someone who does not have the protected characteristic of the disadvantaged group, thereby confirming that associative indirect discrimination claims are permitted for events prior to the introduction of a new EqA 2010, s 19A with effect from 1 January 2024.

ASA rulings—1 May 2024

The Advertising Standards Authority (ASA) received complaints about a paid-for search ad for Premier Inn, stating rooms were available 'from only £35 per night'. The complainant challenged whether the claim in the ad was misleading and could be substantiated, as no rooms were available for this price. A press ad in the East Lothian Courier from Independent British Vape Trade Association (IBVTA), featured 'vaping saves smokers’ lives'. The ASA challenged whether this ad breached the CAP Code by promoting unlicensed, nicotine-containing e-cigarettes and their components in a newspaper.