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Securing a resilient supply chain—checklist This Checklist sets out the key risks and matters to consider in relation to actions that can be taken to secure a resilient supply chain, including in relation to supply chain demand, supply chain communication, supply chain mapping, requirements of suppliers, supplier contingency arrangements, agreements with suppliers, supplier distress and insolvency, fraud, and de-risking. This Checklist accompanies Practice Note: Securing a resilient supply chain. Demand In relation to demand, have you: Matters to consider Yes No Assessed the potential implications of a significant supply chain event (eg from geopolitical events, pandemic, product shortages, etc) on your customer/end user? Considered the impact of a significant supply chain event (eg from geopolitical events, pandemic, product shortages, etc) on your distribution network and adapted that as required? Assessed the potential for solutions to be delivered through investment in technology (eg AI, digital twins, crisis and scenario modelling, etc) to deal with significant fluctuations in supply and demand? Communication In relation to...
The Companies (Cross-Border Mergers) Regulations 2007—timetable [Archived] NOTE: This archived timetable summarises the typical timetable for a merger under The Companies (Cross-Border Mergers) Regulations 2007, SI 2007/297 before the regulations were revoked at the end of the Brexit implementation period. Background The European regime governing mergers between companies in different member states of the EEA derives from Directive 2005/56/EC, the Directive on Cross-Border Mergers of Limited Liability Companies (Directive). The UK implemented the Directive via The Companies (Cross-Border Mergers) Regulations 2007, SI 2007/2974, as amended by SI 2008/583, SI 2011/1606 and SI 2015/180 (Cross-Border Mergers Regulations). As well as a framework for mergers, the Cross-Border Merger Regulations govern employee participation arrangements (see Employee participation arrangements below). The City Code on Takeovers and Mergers (Code) will apply in the normal way to the extent that at least one of the companies involved in the merger is covered by the scope of the Code. The Takeover Panel (Panel) has published a practice statement providing guidance on the application of the Code to...
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Challenging jurisdiction in Egypt Introduction This Practice Note sets out the legal grounds for challenging the jurisdiction of Egyptian courts. The jurisdiction of Egyptian courts is defined by Articles 28–35 of the Law of Civil and Commercial Procedures (hereinafter the ‘LCCP’). The basis of such jurisdiction is a geographical one where the courts apply the internationally recognised principle of the domicile or residence of the defendant except for in rem disputes relating to interests in property. In rem jurisdiction: if the subject of the action concerns a property, the action must be filed with the court in whose geographical jurisdiction the property is located because it is such court that has the power to seize and hold the property for legal purposes. Therefore, Egyptian courts have jurisdiction over any defendant, whether national or foreigner, who lives or is domiciled in Egypt. See Cour de Cassation, Challenge No. 145 for judicial year 62 (Decision 15 May 2000); and Cour de Cassation, Challenge No. 952 for judicial year 71 (Decision...
Rome II—application and interpretation (UK only) This Practice Note is for use when determining applicable law in the courts of England and Wales in respect of events giving rise to damage, where such events occurred between 11 January 2009 and 31 December 2020. For events that arose on different dates, a different applicable law regime will be applied by the UK courts. Which regime will apply, will depend on the date on which the event occurred. For guidance on the different regimes and their interrelationship, see Practice Note: Applicable law regimes. This Practice Note provides an explanation as to when and why Regulation (EC) 864/2007 on the law applicable to non-contractual obligations, Rome II was introduced. It also sets out the circumstances in which it applies and those in which it does not. This regulation is referenced in this Practice Note as Rome II. For guidance on other aspects of Rome II, see Practice Notes: Rome II—the general rule (UK only) and Rome II—specific types of claims (UK only)....
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Deed of retirement from partnership This Deed of retirement is made on [insert day and month] 20[insert year] Parties 1 [Insert name of retiring partner] of [insert address] (Retiring Partner), and 2 The persons whose names and addresses are set out in Schedule 1 (Continuing Partners). Recitals: (A) The Partners have been carrying on business in partnership under the terms of the Partnership Agreement. (B) The Retiring Partner is to retire from the Partnership on the Retirement Date. (C) The provisions of this deed shall apply to the retirement of the Retiring Partner in place of any provisions of the Partnership Act 1890 and the Partnership Agreement that would otherwise apply to the retirement of the Retiring Partner. The parties agree: 1 Definitions and interpretation 1.1 In this deed: Accountants • means [insert name of Partnership's accountants] or such other firm of accountants as may be appointed to replace them in accordance with the provisions of the Partnership Agreement; Accounting Date • means [insert Partnership accounting date]; Accounting...
Gazette notice—rights issue [insert name of company] plc (Registered in [insert country of incorporation] with number [insert company number]) [insert description of rights issue, eg Proposed [insert offer ratio, eg 5 for 8] rights issue of [insert total number new shares to be issued] new ordinary shares of [insert nominal value] each at [insert offer price] per ordinary share] Notice is hereby given, pursuant to section 562(3) of the Companies Act 2006, to each person on the register at the close of business on [insert date] (the Rights Issue Record Date) as a holder of ordinary shares of [insert nominal value] each (the Ordinary Shares) in [insert name of company] plc (the Company) who has no registered address in the UK or an EEA State and has not given the Company an address in the UK or an EEA State for the service of notices on them (the Relevant Shareholders, and each a Relevant Shareholder) that the following documents, being copies of the...
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Where a Will leaves the residuary estate to A only, and a deed of variation of the Will is executed by A 11 months after a grant of probate and within two years of death such that the residuary estate is split equally between A, B and C, and the estate is distributed on that basis, what would be the positions of A, B and C should the Will subsequently be declared invalid? As a matter of English law, the beneficiaries of a deceased person’s estate are entitled to alter the disposition of the whole or part of the estate, whether it passes under the deceased’s last Will or the intestacy rules (as set out in Parts III and IV of the Administration of Estates Act 1925). A variation must be made by deed and can be made either during the administration of an estate or after the assets have been distributed. If the deed of variation is executed within two years of the deceased’s death...
Can a donor or attorney apply to register a lasting power of attorney (LPA) where the donor already has another registered LPA in place? It is possible for an individual donor to make more than one lasting power of attorney (LPA) in certain circumstances. For example they may want to make one financial LPA relating to business assets and another relating to their personal assets. Trying to appoint separate attorneys to deal with different assets within the same LPA might create confusion when registering the LPA and so separate LPAs for this purpose may be preferable. Equally where two LPAs purport to deal with the same assets, this could cause confusion when applying to register them and may lead to an application being rejected. In order to confirm
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Commercial analysis: This was a case relating to items in 14 safety deposit boxes (SDBs) held at a London bank. Due to the passage of time, the Bank was no longer able to trace the owners of those items, which it now wished to sell. In relation to those goods which had been deposited after 1 January 1978, the court confirmed that these could be sold under sections 12–13 of the Torts (Interference of Goods) Act 1977 (T(IG)A 1977). In respect of goods deposited prior to that date, and which remained subject to general common law, the court was persuaded that the Bank could rely on the principle established in the case of Da Rocha-Afodu: namely, that given that it had done all that was right and reasonable to trace and notify the owners, it should be protected from any potential liability which might otherwise attach as a consequence of the sale. Written by Natasha King, barrister at 4 Pump Court.
This week's edition of International Trade weekly highlights includes: the World Trade Organization (WTO) Chief Economist forecasting global trade decline amid rising tariffs, the WTO Dispute Settlement Body reviewing EU duties on Chinese battery electric vehicles, the EU initiating an appeal arbitration in Intellectual Property dispute case against China, Egypt initiating a safeguard investigation on hot rolled steel imports, MedTech Europe warning the European Commission about risks of medical import tariffs, the Trade Remedies Authority imposing provisional duties on Lithuanian and United Arab Emirates engine oil imports, the European Commission imposing definitive countervailing duties on Chinese imports of mobile access equipment, and weekly roundups of HMRC import, export and customs guidance.
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