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The process of apportionment of the liability for remediation action between different liability groups.
Attribution occurs where one remediation action is referable to two or more significant pollutant linkages (ie it is a 'shared action'). This can occur either where both linkages require the same action (that is, it is a 'common action') or where a particular action is part of the best combined remediation scheme for two or more linkages (that is, it is a collective action).
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Key IP considerations in R&D agreements—checklist Using this Checklist This Checklist focuses on the IP aspects of R&D agreements and identifies the key terms typically included in an R&D agreement. This document can be used as a checklist of issues to consider when drafting, reviewing or negotiating such agreements. Key competition law considerations are also considered. However, an individual assessment will need to be conducted as to whether an agreement’s IP provisions are compatible with competition law, particularly the prohibitions against anti-competitive agreements under Article 101(1) of the Treaty on the Functioning of the European Union (TFEU) and Chapter I of the Competition Act 1998 (CA 1998). On 1 June 2023, the European Commission adopted the EU Research & Developments Block Exemption, Commission Regulation (EU) 2023/1066 (EU R&D BER) and the accompanying Horizontal Guidelines. The EU R&D BER entered into force on 1 July 2023 and will expire on 30 June 2035. On 5 December 2022, the UK government laid before Parliament the Competition Act 1998 (Research and Development...
UK home ownership structures for overseas clients—table STOP PRESS: Abolition of non-dom regime and introduction of residence-based IHT regime Finance Act 2025 (FA 2025) which received Royal Assent on 20 March 2025, implements legislation to abolish the remittance basis of taxation and replace it with a residence-based regime, commencing on 6 April 2025. FA 2025 also replaces domicile as the key factor in establishing liability to inheritance tax. Other changes include amendment of the rules determining excluded property status, the abolition of protected settlements status of offshore trusts, and changes to overseas workday relief. For information on these changes, see: Practice Notes: The abolition of the remittance basis of taxation from 2025–26, A new residence-based regime for IHT from 2025–26. See also: Finance Bill Tracking Service: Key dates (Finance Bill 2025) and Finance Act 2025. This table compares the main taxes applicable in home ownership structures for UK residential property where the property is to be used as a UK home. It should be...
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Who may be liable?Anyone who is an 'appropriate person' may be liable for remediation of contaminated land under Part IIA of the Environmental Protection Act 1990 (EPA 1990). An 'appropriate person' is any:•person who causes or knowingly permits contaminating substances to be in, on or under the land in question (Class A), or•owner or occupier of contaminated land, but only where a Class A person cannot be found (Class B)See Practice Note: Contaminated land—identifying Class A and B appropriate persons.Where contaminated land is identified, the enforcing authority must serve a remediation notice on each 'appropriate person' specifying what they must do by way of remediation. Where there are two or more appropriate persons, liability is apportioned between the parties in accordance with the statutory guidance—see Practice Note: Contaminated land—process for determining liability.Where there is no appropriate person, the enforcing authority will need to determine who should pay for remediation. In most cases, the costs of an orphan linkage will be borne by the public purse—see Practice Note: Contaminated land—orphan linkages.According...
E&W Brussels I (recast)—the harmful event for specific tort and delict claims (art 7(2)) [Archived] ARCHIVED: This Practice Note has been archived and is not maintained. This Practice Note considers the requirement for a harmful event to enable a court to have special jurisdiction under Article 7(2) of Regulation 1215/2012, Brussels I (recast). It then considers what is a harmful event when considering specific types of claims: economic loss, damaged or defective goods, personal injury claims, intellectual property claims, actions for inducing breach of contract as well as other types of claims. For guidance on the general principles that apply when dealing with tort and delict claims under the regulation, see Practice Note: E&W Brussels I (recast)—tort and delict claims (art 7(2)) [Archived]. For guidance when dealing with contract claims under the regulation, see Practice Note: E&W Brussels I (recast)—contract claims (art 7(1)) [Archived]. Impact of UK’s departure from the EU Following exit day (ie 31 January 2020), the UK became a third state in respect...
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This Precedent is drafted as a letter of claim and is designed to be sent to the editor of a newspaper that has published a defamatory report. For guidance on defamation, see Practice Notes: —Ireland—Defamation law—an overview of the Defamation Act 2009 (Ireland) —Lexology Panoramic: Defamation and Reputation Management—Ireland—Q&A guide Ask the following questions which reflect the underlying merits of a complaint: —is there clear evidence that the statements in question are false? Ensure you are in possession of all the facts prior to sending out a letter of claim —who is the subject of the defamatory material and is their business likely to be of interest to the public? The fact that a public figure has instructed lawyers in respect of allegedly defamatory comments may be as interesting to the public as the original statements and draw more attention to them. A letter of claim may be marked ‘not for publication’ but unless it contains obviously private or confidential information, little may be done to restrain its publication —has...
Copyright policy Introduction The purpose of this copyright policy is to provide guidance to employees and other personnel about copyright as a right, to provide guidelines and procedures for obtaining copyright permission to use company and third party works and to provide a framework for reporting misuse of copyright works. This policy provides practical advice and procedures on copyright-related matters. It is not a substitute for legal advice, and proper legal advice should be obtained when necessary. Copyright officer, [Name] may be able to assist you with any questions you may have. [Name] may be reached at [telephone number or email address]. What is copyright? Copyright recognises the intellectual creation expended by an author in creating a work. Where copyright subsists in a work, the copyright owner has exclusive rights to carry out various acts in relation to the copyright work. Activities, such as copying, set out in legislation (the Copyright Designs and Patents Act 1988) carried out by those other than the copyright owner, without permission, may infringe...
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Banking & Finance analysis: What have been the key cases in the world of banking & finance over the past year?
Welcome to the weekly highlights from the Lexis®PSL Dispute Resolution team for the week ending 2 March 2017. In this week’s edition, we feature the forthcoming changes in respect of trial fees, the new Media and Communications List and what we’ve learned about the online court from the Prisons and Court Bill. We also highlight the latest Dispute Resolution News Analysis on a broad range of topics, including: inducing breach of an exclusive jurisdiction clause (Supreme Court in AMT Futures); reputational damage and non-party appeals (Court of Appeal in Gray); costs (Rezek-Clarke); settlement (Tchenguiz); and strike out (Harb). For those litigating in the TCC, don’t miss Mr Justice Coulson’s guidance on lodging skeleton arguments in respect of some applications. We also highlight relevant News Analysis from other Lexis®PSL practice areas, a new Practice Note and recent substantive amendments to our core content, and the latest Q&As. All this, and more, in our weekly highlights.
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