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UK Benchmarks Regulation—timeline

UK Benchmarks Regulation—timeline This timeline shows key developments relating to Assimilated Regulation (EU) 2016/1011 (the UK Benchmarks Regulation) from January 2024 onwards. For earlier developments, see Benchmarks Regulation—timeline [Archived] 2024 Date Source Document Description 22 October 2024 UK Parliament SI 2024/1051: The Critical Benchmarks Regulations 2004 SI 2024/1051: These Regulations are made to specify the WMR Closing Spot Rates (also known as the WMR London 4pm Closing Spot Rate) and ICE Swap Rate® as critical benchmarks for the purposes of Article A20(5) of Regulation (EU) 2016/1011 of the European Parliament and of the Council of 8 June 2016 on indices used as benchmarks in financial instruments and financial contracts or to measure the performance of investment funds. They are made in exercise of legislative powers under Regulation (EU) 2016/1011 in connection with assimilated law. They are due to come into force on 13 November 2024.See: LNB News 22/10/2024 108 1 October 2024 FCA and BoE FCA press releaseThe end of LIBOR The BoE has issued a joint press release...

Ireland—Surrender of lease—acting for the landlord—checklist

Ireland—Surrender of lease—acting for the landlord—checklist This Checklist sets out some of the key steps and issues that the landlord should consider when contemplating taking a surrender of a lease from its tenant. It is not exhaustive and you must always consider whether there are any other issues that need to be addressed in your particular circumstances. The Checklist assumes that: • the surrender is express and not by operation of law, and • there will be no re-grant in favour of the tenant immediately following the surrender This checklist can be read in conjunction with: Ireland—Surrender of lease—acting for the tenant—checklist. How to use this Checklist While the mechanics of a surrender of a lease are similar to a sale and purchase (because the tenant is selling and the landlord is buying), there are some differences. The first section (Key considerations) in this Checklist sets out key issues to consider with further detail in the table in Procedure when dealing with the surrender of a lease below. The table...

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FIDIC Contracts 2017 (Red and Yellow Books) Disputes (clause 21)—Flowchart

FIDIC Contracts 2017 (Red and Yellow Books) Disputes (clause 21)—Flowchart This flowchart sets out the process for resolving disputes under clause 21 of the FIDIC Red and Yellow Books 2017. Under the FIDIC Red and Yellow Books 2017 a Dispute arises where: • one Party has made a Claim, or there has been a matter to be agreed or determined under clause 3.5 [Agreement of Determination]; the Engineer’s determination of that claim or a Party’s assertions was a rejection or deemed rejection in whole or in part; and a Notice of Dissatisfaction (NOD) has been given by either Party under Sub-Clause 3.7.5 [Dissatisfaction with Engineer’s determination] (clause 1.1.29) • the Engineer fails to issue the relevant Payment Certificate within 56 days after receiving a Statement

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Specific and basic intent

Intention refers to the outcome sought by the defendant. Offences may be described as either ones of ‘basic intent’ or of ‘specific intent’. The Court of Appeal has described this distinction as ‘elusive’. The Court nevertheless provided the following definition of specific intent:‘Crimes of specific intent are those where the offence requires proof of purpose or consequence, which are not confined to, but amongst which are included, those where the purpose goes beyond the actus reus (sometimes referred to as cases of “ulterior intent”).’The Court also approved the reasoning that:‘[A] distinction is to be made between (i) intention as applied to acts considered in relation to their purposes and (ii) intention as applied to acts apart from their purposes. A general intent attending the commission of an act is, in some cases, the only intent required to constitute the crime while, in others, there must be, in addition to that general intent, a specific intent attending the purpose for the commission of the act.’Put simply, offences of specific intent require...

Intoxication and mistake

IntoxicationGeneral defences are those which arise from specific characteristics of the defendant or the circumstances of the offence which mean that the prosecution cannot prove all the elements of the offence. The investigating officer is under a duty to investigate crime impartially and fairly and so evidence supporting a defence should be collected and retained in the same way as evidence of the offence. Some offences are subject to specific statutory defences but the general defences should be considered in every case.Strictly speaking, intoxication, whether voluntary or involuntary is not defence to a crime per se.Specific intentWhere an offence requires specific criminal intent, voluntary intoxication may be sufficient to show that the accused could not have formed the requisite intent to commit the offence. The specific criminal intent required is that of bringing about a particular consequence at the time of the criminal action. If the accused was so drunk that they could not form a specific intention to bring about a particular consequence, then they would have a defence...

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Adjudication clause—construction contracts

Adjudication 1 Any dispute or difference arising under or in connection with this [agreement OR Contract] may be referred to an adjudicator appointed at the request of either party by the [Insert details of nominating body, for example the Technology and Construction Solicitors‘

Ireland—Notice of an extraordinary general meeting of a private limited company

Ireland—Notice of an extraordinary general meeting of a private limited company This is a precedent notice of a general meeting of a private company limited by shares. The notice provisions are as follows: • an annual general meeting or an extraordinary general meeting for the passing of a special resolution must be called by giving notice of at least 21 days • any other extraordinary general meeting must be called by giving notice of at least seven days Company number: [insert number] [insert company name] limited (the Company) Notice of Extraordinary general meeting Details of extraordinary general meeting The notice must state the date, time, place and general business of the meeting. Special measures were introduced by the government in August 2020 to mitigate the COVID-19 pandemic’s effect on corporate governance, among the measures introduced was a dispensation which allowed companies in Ireland to hold general meetings virtually, in whole or in part, during the interim period as long as all attendees have a reasonable opportunity to participate...

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Is a Part 20 defendant normally required to complete a directions questionnaire ‘DQ’ (Form N181), does this answer change if the claim would be fast track, but the Part 20 claim multi-track? If the notice of allocation sent to the claimant does not require budgets, disclosure discussion report etc, can you ignore and propose standard directions? Also, outside the disclosure pilot, can one use standard disclosure?

Is a Part 20 defendant normally required to complete a directions questionnaire ‘DQ’ (Form N181), does this answer change if the claim would be fast track, but the Part 20 claim multi-track? If the notice of allocation sent to the claimant does not require budgets, disclosure discussion report etc, can you ignore and propose standard directions? Also, outside the disclosure pilot, can one use standard disclosure? In this Q&A, the defendant’s Part 20 claim is a counterclaim that has been made against a person other than the claimant under CPR 20.5. Is a Part 20 defendant required to file a directions questionnaire? CPR 20 deals with counterclaims and other additional claims by the defendant. CPR 20.3(2) sets out which of the Civil Procedure Rules do not apply to additional claims (which, as defined in CPR 20.2(2) includes counterclaims). Included in the rules that do not apply to additional claims is CPR 26, which sets out the requirement for the parties to file a directions questionnaire (DQ)....

What is 'personal data' for the purposes of the Data Protection Act 1998?

What is 'personal data' for the purposes of the Data Protection Act 1998? For the purposes of the Data Protection Act 1998 (DPA 1998), 'personal data' is defined as: 'data which relate to a living individual who can be identified— (a)     from those data, or (b)     from those data and other information which is in the possession of, or is likely to come into the possession of, the data controller and includes any expression of opinion about the individual and any indication of the intentions of the data controller or any other person in respect of the individual' This definition refers to several key terms which are further defined in DPA 1998. The term 'data' is defined to include information which: '(a)     is being processed by means of equipment operating automatically in response to instructions given for that purpose (b)     is recorded with the intention that it should be processed by means of such equipment (c)     is recorded as part of a "relevant filing system" or...

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Pension plan to double £25 billion+ megafunds, boost investment and improve returns for savers

Pensions analysis: The Pensions Investment Review was launched in July 2024 and issued its Phase One Final Report in May 2025. It is supported by the responses to two consultations, which were launched alongside the Interim Report in November 2024: ‘Unlocking the UK pensions market for growth’ and ‘LGPS: Fit for the future’. Written by John Morrison, senior associate in the Pensions team at CMS.

FTT confirms consortium relief ownership proportion based on collective entitlement of link companies (Eastern Power Networks plc and others v HMRC)

Tax analysis: In Eastern Power Networks plc and others v HMRC, the First-tier Tax Tribunal (FTT) held that, when determining the ownership proportion for the purposes of consortium relief, the entitlement of multiple link companies must be assessed collectively, not by aggregating individual entitlements. Additionally, it ruled that a corporate structure designed to enhance consortium relief entitlements constituted a scheme with a main purpose of obtaining a tax advantage.