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Describes a situation where contractor stops carrying out the works for a prolonged and consecutive period of days (for example 20 business days) or for a longer non-consecutive period of days throughout the life of the project (for example 60 business days) and does so wilfully and without a reason. abandonment is usually classed as a contractor default which would allow the authority to terminate the project agreement and/or Project Co to terminate the construction contract.
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Consumer credit—timeline (2011–2023) [Archived] This timeline outlines the key developments relating to consumer credit, from both a UK and EU perspective (2011–2023). This timeline is archived and is no longer maintained. For key developments relating to the UK's consumer credit regime, see UK Consumer credit—timeline. 2023 Date Source Document Description 16 November 2023 FCA Review of our approach to secondary brokers The FCA announced that it has recently reviewed its interpretation of the consumer credit legislation for Limited Permission secondary credit brokers, looking specifically at how the legislation applies to credit broking firms whose main business activity is the supply of non-financial services. As part of this review, firms that were authorised as Full Permission credit broker firms may be eligible to become authorised as Limited Permission firms, depending on what activities they undertake. If they are eligible to change from Full to Limited Permission, they may be entitled to a refund on a proportion of their past regulatory fees. 14 November 2023 FCA CP23/21: Consumer credit—Product Sales...
Due diligence—easements—checklist A property may: • have the benefit of easements exercisable over other property; or • be subject to easements exercisable over the property for the benefit of other property The land over which an easement is exercised is called the 'servient land'. The land with the benefit of an easement is called the 'dominant land'. An easement may entitle the owner of dominant land to: • make use of the servient land (eg a right of way), or • receive something from the servient land without interference or obstruction (eg a right of light, air or support) An easement may require the owner of servient land to refrain from using the servient land in such a way as to interfere with the easement, for example: • by leaving a right of way over the servient land clear and unobstructed, or • by not building on the servient land in such a way as to, for example, obstruct the light received by the dominant land An easement does not...
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Kronospan/Pflederer Polska (M.10325) [Archived] CASE HUB ARCHIVED—this archived case hub reflects the position at the date of the withdrawal of the notification on 30 November 2022; it is no longer maintained. See further, timeline. Case facts Outline European Commission merger investigation into the proposed acquisition of Pfleiderer Polska by Kronospan (M.10325). The proposed transaction involves horizontal overlaps in the market for the supply of various types of wood-based panels. Latest developments On 30 November 2022, the Commission announced that it took note of the parties’ decision to abandon the transaction. The abandonment follows the findings of the Commission’s phase II investigation and the failure of Kronospan to submit suitable remedies. Parties • Kronospan: Kronospan is an Austrian manufacturer and supplier of wood-based panels and further value-added products. It is active worldwide with more than 40 manufacturing sites.• Pfleiderer Polska: Pfleiderer Polska, a Polish based company, is a subsidiary of the Germany-based Pfleiderer Group. It focuses on the wood-based panels business and has three manufacturing lines...
Celanese/Blackstone/JV (M.8547) [Archived] CASE HUB ARCHIVED–this archived case hub reflects the position at the date of the abandonment of the transaction on 20 March 2018; it is no longer maintained. See further, timeline. Case facts ARCHIVE 20/03/2018 Outline European Commission merger investigation into the proposed joint venture between Celanese and Blackstone in relation to acetate flake and acetate tow (Case M.8547). The transaction involves horizontal overlaps in market for acetate tow. Latest developments On 20 March 2018, the Commission ended its investigation after the parties withdrew the notification as a result of their decision to abandon the transaction. Parties Celanese Corporation is a US-based global technology and speciality materials company headquartered in Irving, Texas. Blackstone is a US-based private equity group. The joint venture will comprise Celanese’s Cellulose Derivatives business (including existing joint ventures with China National Tobacco Corporation) and Blackstone’s Rhodia Acetow business (recently acquired from Solvay). Background Under the transaction, announced by the...
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Deed of covenant: for a ship mortgage This Deed is made on [insert day and month] 20[insert year] Parties 1 [insert name of Owner], a company incorporated in [England and Wales] with registered number [insert company number] whose registered office is at [insert address] (the Owner); and 2 [insert name of Mortgagee] of [insert address] (the Mortgagee) RECITALS (A) The Mortgagee and the Owner have entered into a loan agreement dated [insert date] (the Loan Agreement) [a copy of which is attached to this Deed as Schedule 3] in which the Mortgagee has agreed to make a loan of [insert amount of loan] to the Owner to [re-] finance the [purchase OR construction] of the m.v. [insert name of ship] registered as a United Kingdom ship in the name of the Owner under official number [insert ship number] (the Ship). (B) To secure the performance by the Owner of its obligations under the Loan Agreement and this Deed including the payment to the Mortgagee...
Legal charge to secure overage payments Date [date] Parties 1 [name of Buyer] [of OR incorporated in England and Wales (company registration number [number]) whose registered office is at] [address] (Buyer) 2 [name of Seller] [of OR incorporated in England and Wales (company registration number [number]) whose registered office is at] [address] (Seller) 1 Definitions In this Deed, the following definitions apply: Affordable Housing • [social rented, affordable rented and intermediate subsidised housing available to persons who cannot afford to rent or buy housing generally available on the open market OR has the meaning given to that expression in Annex 2 of the National Planning Policy Framework current today]; Competent Authority • any: (a) local authority, highway authority, government department or other authority, body or person exercising powers under statute or by Royal Charter; or (b) utility service or supply company; Costs • are any costs, losses, damages and liabilities, whether or not resulting from claims, demands, actions or proceedings incurred in, or incidental...
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In a criminal appeal to the Crown Court, CrimPR 34.2(5) proves that 'unless the respondent agrees that the Court should allow the appeal' a respondent's notice must be filed. What are the consequences of failure to do so? Would the appeal be allowed by default? Is the respondent permitted to file and serve a respondent's notice after this time? Criminal Procedure Rule (CrimPR), SI 2020/759, r 34.2 is entitled ‘Service of appeal and respondent’s notices’. CrimPR, SI 2020/759, r 34.2(5) provides as follows: 'Where the appeal is against conviction or against a finding of guilt, unless the respondent agrees that the court should allow the appeal— (a) the respondent must serve a respondent's notice on— (i) the Crown Court officer; and (ii) the appellant; and (b) the respondent must serve that notice not more than 15 business days after service of the appeal notice.' The clear inference is accordingly that, where the respondent intends to contest an appeal to the Crown Court, they are required to file a Respondent’s Notice...
Where A consents to their caveat being removed and to the grant being issued in consideration of a payment from the estate can this be dealt with by a consent summons to the Probate Registry or would an application to the Chancery Division be required? We assume that the caveator’s appearance to the warning stated their contrary interest or a cause against the sealing of the grant. If the caveator had not entered an appearance, and did not issue a prior summons for directions, then the caveat could be withdrawn at any time and ceases to have effect (rule 44(11) of the Non-Contentious Probate Rules 1987 (NCPR 1987), SI 1987/2024 (SI 1987/2024, r 44(11)). An application for probate can be made in these circumstances without any further court order. Where the caveator has entered an appearance to the warning, the probate registry will not issue the grant of representation without the court's decision. The caveat would otherwise remain in force until the commencement of a probate...
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IP analysis: The European Patent Office (EPO) regularly applies the problem and solution approach when deciding whether an invention involves an inventive step. Central to this approach is identifying the technical differences between the invention and the closest prior art, and determining the objective technical problem to be solved in the light of the technical effect linked to those differences. The question of whether the technical solution of an invention is obvious is analysed with this technical problem in mind. Furthermore, a reasonable expectation of success is often required before a prior art teaching can be considered as an obvious solution to the technical problem. Hsu Min Chung, partner and patent attorney at HGF, considers the implications of the growing diverging inventive step frameworks adopted by the EPO and UPC, and whether there is potential for conflicting decisions.
Public Law analysis: A decision by National Saving and Investments, a Crown body, to revoke its Welsh language scheme was held to be unlawful on a judicial review brought by the Welsh Language Commissioner. Although the power implied into the Welsh Language Act 1993 (WLA 1993) for a Crown body to adopt such a scheme also carried with it an implied power for that body to withdraw or revoke the scheme as a matter of statutory interpretation, a failure to consult the Commissioner contravened the Commissioner’s legitimate procedural expectation that she would be consulted in respect of any proposed change. Written by Martin Jones, Head of Regulatory at Hugh James.
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