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Request for detailed assessment—checklist

Request for detailed assessment—checklist When making a request for detailed assessment using form N258, it is important to ensure that you provide all the documents required as set out in CPR PD 47 para 13.2. These are listed below in the form of a checklist. You will also need to provide an estimate of the length of time the detailed assessment hearing will take. Request for Detailed Assessment Hearing (general form) (Form N258) Where the request is made by a party other than the receiving party—in such cases, the requesting party should provide all documents listed below which are in their possession (CPR PD 47, para 13.2(k)). Practice direction para reference Document Have I provided it? CPR PD 47, para 13.2(a) A copy of the notice of commencement of the detailed assessment proceedings CPR PD 47, para 13.2(b) A copy of the bill of costs CPR PD 47, para 13.2(c) Document giving the right to detailed assessment. This is set out in CPR PD 47, para 13.3...

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Interim remedies in Macau arbitration proceedings

Interim remedies in Macau arbitration proceedings Interim remedies or measures are temporary order(s) that a court or arbitral tribunal can issue before or during a dispute resolution process. They are distinct from final remedies, which are usually part of a final judgment, order, or arbitral award that resolves a dispute. The interim remedies aim to safeguard the rights and interests of the parties until the final resolution of the case. On the other hand, they can also be considered stand-alone measures. An anti-suit injunction is one of these measures, which prohibits or restricts the ability of a party to commence or continue legal proceedings in a particular forum. This later measure is not provided by Macau arbitration law. Interim remedies are available in the arbitral proceeding in Macau A new arbitration law was published by Macau on 5 November 2019, Law No. 19/2019, which came into force in May 4 2020. The new arbitration law replaces Decree-Law 29/96/M (for domestic arbitrations) and Decree-Law 55/98/M (for international commercial arbitrations) with a...

Private actions and access to information (relating to a regulatory investigation)

Private actions and access to information (relating to a regulatory investigation) Private actions in English courts alleging the infringement of competition laws often arise in parallel to investigations by national and/or European competition authorities even if not strictly following-on from the same. Claimants commonly seek disclosure of documents and/or information provided to the competition authorities, or created by them ('regulatory material'). Passage of the Damages Directive, implemented in the UK in The Claims in respect of Loss or Damage arising from Competition Infringements (Competition Act 1998 and Other Enactments (Amendment)) Regulations 2017 (SI 2017/385) (the Regulations), restricted the scope for claimants to get hold of regulatory materials for use in damages claims in the future. See further, UK damages actions, Private actions and access to information—checklist. What do we mean by 'regulatory material'? This section briefly discusses the different types of regulatory material that may be sought and how they may be relevant to a private enforcement action. Infringement decision A UK or pre-Brexit competition authority’s decision...

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Franchise business sale agreement

Franchise business sale agreement This Agreement is made on [insert date] Parties 1 [insert name] [of OR incorporated in [insert jurisdiction, eg England and Wales] under number [insert company number] whose registered office is at] [insert address] (the Seller); 2 [insert name] [of OR incorporated in [insert jurisdiction, eg England and Wales] under number [insert company number] whose registered office is at] [insert address] (the Buyer); and 3 [insert name] [of OR incorporated in [insert jurisdiction, eg England and Wales] under number [insert company number] whose registered office is at] [insert address] (the Franchisor), (each a party and together the parties). Background (A) The Franchisor has licensed the Seller to operate the Franchise Business. (B) The Seller has agreed to sell and the Buyer has agreed to purchase the Franchise Business as a going concern on the terms and conditions of this Agreement. The parties agree: 1 Definitions and interpretation 1.1 In this Agreement: Applicable Data Protection Law • means...

Change control clause—short form

Change control clause—short form 1 Change control 1.1 If either party wishes to make a change to this Agreement at any time (Change Requesting Party), the Change Requesting Party may request such a change (a Change Request) under the procedure set out in this clause. 1.2 Each Change Request shall be submitted by the Change Requesting Party substantially in the form set out in the Schedule and shall include such information necessary to enable the parties to assess the impact of the proposed change, which in the case of the Supplier, shall include completing Part B: Evaluation of the Change Request form. 1.3 Where the Customer issues a Change Request, the Supplier shall return the Change Request form to the Customer within [insert] working days of receipt, or such period as is otherwise agreed between the parties, either: 1.3.1 agreeing in principle to the Change Request and completing Part B: Evaluation of the Change Request form; or 1.3.2 refusing the Change Request and outlining the reasons for...

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How do you enforce a subject access request?

How do you enforce a subject access request? This Q&A considers subject access requests under the Regulation (EU) 2016/679, General Data Protection Regulation (GDPR) and the Data Protection Act 2018 (DPA 2018) to the extent it implements provisions related to and permitted derogations from the GDPR into UK law. It does not consider other data protection law (such as the ‘applied GDPR’, law enforcement processing or intelligence services processing regimes under the DPA 2018—see Practice Note: The Data Protection Act 2018). Where a subject access request has not been complied there are a number of courses of action available to the requesting party, in particular see, ‘Remedies and compensation available to data subjects’ in Practice Note: Rights of data subjects. Article 79 of Regulation (EU) 2016/679, the GDPR provides data subjects with the right to an effective judicial remedy against a controller or processor. In the UK, the GDPR is supplemented by the DPA 2018. DPA 2018, s 167 deals with compliance orders: ‘(1) This section applies...

Our firm has received a Larke v Nugus letter re an estate where we are not executors nor are instructed. The Will provides for the whole estate to pass to a discretionary trust and there is a letter of wishes suggesting how the trust should be dealt with, which was clearly intended by the testator to be confidential. How do we comply with the Law Society guidance on Larke v Nugus and also ensure we do not breach our duty of confidentiality?

Our firm has received a Larke v Nugus letter re an estate where we are not executors nor are instructed. The Will provides for the whole estate to pass to a discretionary trust and there is a letter of wishes suggesting how the trust should be dealt with, which was clearly intended by the testator to be confidential. How do we comply with the Law Society guidance on Larke v Nugus and also ensure we do not breach our duty of confidentiality? A Larke v Nugus letter is a request to solicitors or other professionals who drafted a will to provide information on the circumstances at the time of the drafting of that Will, and is commonly made where there is a putative challenge to the validity of the Will, on grounds for example of testamentary capacity, want of knowledge and approval, undue influence or fraudulent calumny. It will usually be accompanied by a request for a copy of the Will file, together with the...

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Arbitration weekly highlights—1 August 2024

This week's edition of Arbitration weekly highlights includes: an update on the Arbitration Bill; the Lexis Nexis annual blog post on arbitration statistics in 2023; coverage of arbitration-related decisions from Belgium, Germany and France; and an analysis on NFTs and dispute settlement related to art. All this, and more in our weekly highlights.

Belgian courts may not conduct a de novo review of arbitral awards on public policy grounds (Manchester Securities LLP v Republic of Poland)

Arbitration analysis: The Belgian Supreme Court held that Article 1717, § 3, b), ii of the Belgian Judicial Code (pursuant to which an award arbitral may be set aside for violation of public policy) does not imply that the annulment judge may conduct a de novo review of the dispute in view of the provisions of public policy applied by the arbitral tribunal. Rather, the annulment court must control whether the award itself violates public policy. To show a violation of (substantive) public policy, it is therefore not sufficient to argue that an arbitral tribunal would have misapplied a rule of public policy. Rather, the requesting party must show that the outcome given to the dispute in the arbitral award has the effect of violating public policy. Written by Maarten Draye, partner, Hanotiau & van den Berg (Brussels).