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Table of EU institutions—checklist

Table of EU institutions—checklist The information in this table is a summary only and should be read alongside Practice Note: Structure and functions of EU institutions and bodies. Institution Composition Function Extent of power Process Method of national influence European Parliament European Parliament President (elected for a renewable two and a half year term)705 elected MEPs representing political groups (five-year elections)Supported by: • Secretariat-General• Directorates-General Law makingScrutiny of European Commission and EU institutionsAdopting budgetApproval / rejection of international agreements between EU and third-countries / organisations Law making on an equal footing with Council of the European Union (ordinary legislative procedure—codecision): first reading of Commission’s proposalInfluence increased since Lisbon treatyPermission on enlargement Ordinary legislative process supported by:• committees (to prepare legislation) • plenaries (to approve legislation) Joint parliamentary assemblies with national governmentsComplaints Council of the European Union Presidency rotates among Member States (six-month terms)Ministers from Member State national governmentsGeneral Affairs Council supported by the Permanent Representatives Committee (composed of Member States’ Permanent Representatives to the EU) is responsible...

Fixed costs (position on or after 1 October 2023)—checklist

Fixed costs (position on or after 1 October 2023)—checklist This Checklist provides guidance on the key points to consider under the extended fixed recoverable costs (FRC) regime. The extended FRC regime applies to most civil cases that are issued on or after 1 October 2023 where the value of the claim does not exceed £100,000. Generally speaking, cases that come within the FRC regime with a value not exceeding £25,000 will be allocated to the fast track (FT) and cases with a value exceeding £25,000 but no more than £100,000 will be allocated to the multi-track (MT). However, it should be noted that claim value is not the only factor that is taken into account at the allocation stage as the court will consider other factors, which are set out under CPR 26.13 such as the likely complexity of the facts, law or evidence as well as the number of parties or likely parties to the claim. Consideration Guidance Further information Cases that come within the FRC regime FRC...

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Direct marketing decision tree—email and other electronic mail marketing—data protection

Direct marketing decision tree—email and other electronic mail marketing—data protection This decision tree provides a logical process for determining whether you can engage in email marketing and, if so, to whom. It is equally relevant to text and SMS marketing. There are separate decision trees in relation to postal and live telephone direct marketing—see: Direct marketing decision tree—postal—data protection and Direct marketing decision tree—live telephone calls—data protection. Electronic marketing presents the most complex regulatory challenge of all forms of marketing. You have to comply with the UK General Data Protection Regulation (UK GDPR) plus the Privacy and Electronic Communication Regulations 2003 (PECR 2003). PECR 2003 takes a different approach for different electronic marketing activities, depending on your target audience and the type of goods/services you are promoting. You also have to comply with the applicable requirements of the UK GDPR. For more guidance, see Practice Notes: • Direct marketing compliance—Electronic mail • How to handle personal data for direct marketing, and • Direct marketing—UK GDPR and PECR 2003 interplay...

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Market disruption clauses in (LIBOR-based) facility agreements [Archived]

Market disruption clauses in (LIBOR-based) facility agreements [Archived] ARCHIVED: This Practice Note has been archived and is not maintained. In summary, a market disruption clause sets out how interest is calculated for a loan if a lender’s cost of funding the loan is in excess of London Interbank Offered Rate (LIBOR) (or other designated benchmark)—this can happen in particular where there are problems with the financial system leading to the freezing of markets or solvency problems with the particular lender. Either of these is likely to result in an increased cost of funding for the lender. Market disruption clauses are usually included in facility agreements where interest is calculated by reference to a floating rate such as LIBOR or Euro Interbank Offered Rate (EURIBOR). This Practice Note deals with market disruption clauses in the context of LIBOR-related syndicated facilities. Equivalent considerations apply to syndicated facilities which calculate interest rates by reference to EURIBOR and other benchmark rates. The transition away from LIBOR to risk-free rates such as SONIA...

Practical considerations when arranging an international franchise—checklist

Practical considerations when arranging an international franchise—checklist This Checklist sets out the practical considerations for a franchisor when setting up an international franchise business. A franchisor may want to expand its network overseas to exploit new territories and developing markets usually by entering into an international franchise agreement or an international development agreement. However, the agreement and the set up of the international arrangement may also create challenges. This Checklist sets out some of the practical issues that a franchisor planning to expand overseas might face. Issues • The franchise agreement will provide that the franchisee must operate the business in accordance with the franchisor’s operations manual. However the business method as set out in the operations manual may not have been tried and tested in the overseas territory. The business method will have been created on the basis of certain assumptions that are relevant to the local market. A franchisee may therefore find it difficult to implement the business method in the overseas territory based upon existing assumptions. •...

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Recognising crime—red flags and warning signs for staff—law firms

Recognising crime—red flags and warning signs for staff—law firms You must remain alert to the red flags and warning signs of crime potentially taking place in our organisation. While you do not have to behave like a police officer, you must make the sort of enquiries that a reasonable person (with the same qualifications, knowledge and experience as you) would make. This awareness tool identifies typical red flags and warning signs that may indicate that our firm is involved in or is itself being used to commit crime (eg money laundering, terrorist financing, proliferation financing, sanctions offences, bribery, corruption, property or mortgage fraud or organised crime). These factors do not automatically mean that crime is taking place, but you should be aware of them and pay particular attention to matters where a number of factors are present. These red flags and warning signs would normally require further investigation. Methods for committing crime change all the time. We have set out below typical general red flags and warning...

Personnel clause

Personnel clause 1 Definitions [Customer’s Representatives • means the individual (or individuals) identified as such in [insert schedule];] Key Personnel • means the Supplier Personnel who are identified as the Supplier’s key personnel in relation to the Services in [insert schedule] and/or any Replacement; Losses • means all losses, claims, damages, liabilities, fines, interest, penalties, costs, charges, expenses, demands and [reasonable ]legal and other professional costs; Relevant Transfer • means a relevant transfer for the purposes of TUPE; Replacement • means a replacement or substitute for any Key Personnel as appointed from time to time in accordance with clause; Supplier Personnel • means all employees, directors, officers, staff, other workers, agents, contractors and consultants of the Supplier, its Affiliates and any of their subcontractors who are engaged in the performance of the Supplier’s obligations under this Agreement, including, for the avoidance of doubt, the Key Personnel; [Supplier’s Representatives • means the individual (or individuals) identified as such in [insert schedule];] TUPE • means the Transfer of...

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Where a local authority proposes indirect contact only in relation to a looked after child, is an order required under section 34(4) of the Children Act 1989 authorising the local authority to do so?

Where a local authority proposes indirect contact only in relation to a looked after child, is an order required under section 34(4) of the Children Act 1989 authorising the local authority to do so? A ‘looked after child’ is a term which covers a child subject to a care order, interim care order or supervision order. Where a child is in the care of the local authority, the local authority shall allow that child reasonable contact with their parents, any guardian or special guardian, any person who has parental responsibility pursuant to section 4A of the Children Act 1989 (ChA 1989) and any person who had care of the child immediately prior to the granting of a care order by virtue of an order made in the exercise of the High Court’s inherent jurisdiction. It is open to the local authority to apply to the court for an order authorising there to be no contact with any of those persons listed at ChA 1989, s 34(1)...

Where the court has ordered a defendant entitlement to enter judgment on its counterclaim following strike out of the claimant’s claim for non-compliance with directions, how does the defendant seek recovery of its costs (of defending the claim and bringing the counterclaim) in excess of fixed costs, incurred to date?

Where the court has ordered a defendant entitlement to enter judgment on its counterclaim following strike out of the claimant’s claim for non-compliance with directions, how does the defendant seek recovery of its costs (of defending the claim and bringing the counterclaim) in excess of fixed costs, incurred to date? The Q&A does not specify whether the proceedings are subject to the fixed costs regime, or whether the case has been allocated to a different track. Different tracks have different costs rules. In particular, whereas the usual rules about recovering costs apply on the fast track (for example, the ‘loser pays’ principle, and the court’s assessment of reasonableness and proportionality), costs recovery is likely to be limited. In addition, in fast track cases, recoverable trial costs are very limited (CPR 28.2(5)). Given that there should be no difficulty in recovery of costs in excess of fixed costs for a claim to be allocated to the multi-track, it is assumed that the proceedings in this Q&A are...

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No right of appeal for late EUSS applications (R (Here for Good) v SSHD)

Immigration analysis: Here for Good’s judicial review challenge of the imposition of a validity requirement for late EUSS applications has been unsuccessful. The High Court found a reasonableness test at validity stage did not breach the Withdrawal Agreement or the EU Charter of Fundamental Rights.

Minutes of the CPR Committee meeting—1 November 2024

The minutes of the CPR Committee (CPRC) meeting of 1 November 2024 (conducted in a hybrid format at The Rolls Building (Royal Courts of Justice) and via video conference) cover a number of issues including the Law Commission consultation on the law of contempt, Closed Material Procedure, Strategic Litigation Against Public Participation, the Digital Markets, Competition and Consumers Act 2024, the outcome of the Workplace Claims consultation and costs budgeting light.