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View the related checklists about Enforcement

Ireland—Determining jurisdiction in civil litigation—checklist

Ireland—Determining jurisdiction in civil litigation—checklist This Checklist offers guidance on how to determine whether an Irish court has jurisdiction to deal with the specific civil dispute. In doing so, it considers provisions under Brussels I (recast), the Lugano Convention and the Hague Convention on Choice of Court Agreements. This Checklist provides an overview of jurisdiction in terms of considering whether the dispute should be dealt with in Ireland. For guidance on: • which specific court an action should be raised in, see Practice Note: Ireland—Starting a civil action • other issues to consider before bringing a civil claim in an Irish court and how to start and progress a civil claim in Ireland, see Practice Notes: Ireland—Starting a civil action and Ireland—Pre-action conduct, and in initiating and case managing a civil claim, Ireland—Progressing and managing a High Court civil claim respectively • other aspects of Irish civil litigation, see: Ireland—Alternative dispute resolution and settlement—overview which links through to detailed guidance on specific aspects of dispute resolution in Ireland This Checklist...

Limited liability partnerships—application of Companies Act 2006 to LLPs—checklist

Limited liability partnerships—application of Companies Act 2006 to LLPs—checklist The majority of law applicable to limited liability partnerships (LLPs) is actually modified company law rather than partnership law. The Limited Liability Partnerships (Application of Companies Act 2006) Regulations 2009, SI 2009/1804 (2009 Regulations) apply many parts of the Companies Act 2006 (CA 2006), with appropriate modifications, to LLPs. The 2009 Regulations also apply Parts 1, 2, 3 and 5 of the Companies (Cross-Border Mergers) Regulations 2007, SI 2007/2974 to LLPs. The Limited Liability Partnerships (Accounts and Audit) (Application of Companies Act 2006) Regulations 2008, SI 2008/1911 (2008 Regulations) apply parts of CA 2006 in relation to accounts and audit to LLPs with appropriate modifications. This Checklist sets out those provisions of CA 2006 that are applied to LLPs pursuant to these regulations. Companies Act 2006 (CA 2006), section Statutory instrument applying CA 2006 provision Subject Part 2—Company formation CA 2006, s 12A 2009 Regulations, SI 2009/1804, reg 3A (link accessible within SI 2009/1804, reg 4) (inserted by SI 2016/340, reg 5 and SI...

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Freedom of information request—flowchart

Freedom of information request—flowchart In brief The timeframe for compliance with a freedom of information request is 20 working days, although in certain limited circumstances this can be extended. Upon receipt of a request, an authority should: • record the date on which the request was received • assess the validity of the request • establish whether information of the description specified in the request is held by the authority • estimate the cost of compliance • consider charging a fee • consider whether any exemptions apply • respond to the applicant within the timeframe For information on the freedom of information regime generally, see Practice Notes: • Introduction to freedom of information • Who is subject to the freedom of information regime For an overview of the whole process click here to view or print a separate PDF version. Step 1—Request for information received Click here to view or print the full-size PDF version: Timeframe within which to respond See Practice Note: Compliance with a freedom...

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Enforcing foreign judgments—common law principles

This Practice Note considers the recognition and enforcement of foreign judgments applying common law. It explains the requirement for new enforcement proceedings in England and Wales with the foreign judgment as the cause of action. The Practice Note sets out the conditions that need to be met and the common defences that may be raised in relation to a claim to recognise and enforce a foreign judgment. The Practice Note also considers the issue of whether security for costs is available and whether the court should grant a stay pending further court hearings in the foreign court.It is important to check whether a different enforcement regime applies in preference to the common law. For guidance, see: Which regime applies to enforce a foreign judgment?—checklist.When is the common law used?When seeking to enforce a foreign court judgment in England and Wales, it is first necessary to identify which regime applies. There are a number of different statutory regimes which apply variously to specified countries. However, where a judgment creditor wants to...

Enforcing an adjudicator's decision in the TCC

This Practice Note looks at the most common method of enforcement of an adjudication decision—bringing a Part 7 claim and a summary judgment application in the TCC, as provided for in section 9 of the TCC Guide. It also considers the ability to enforce a decision by seeking a mandatory injunction and the effect of a foreign jurisdiction clause on adjudication enforcement proceedings.Although a Part 7 claim is the normal, and preferable, method of enforcement of an adjudication decision, there are some rarely used alternative methods for enforcement. Parties can apply to the TCC for declaratory relief under CPR Part 8 if there is unlikely to be a substantial dispute of fact and no monetary judgment is sought—see Practice Note: Adjudication and Part 8 proceedings. In some circumstances it may be possible to use insolvency proceedings to enforce the decision of an adjudicator,, see Practice Note: Adjudication enforcement—use of insolvency proceedings.Why enforcement is necessaryUnder the Housing Grants, Construction and Regeneration Act 1996 (HGCRA 1996), a valid adjudicator’s decision is binding...

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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...

Ireland—data protection impact assessment—artificial intelligence

Ireland—data protection impact assessment—artificial intelligence DPIA screening questionnaire The screening questionnaire should be a concise document and not overly burdensome on the business. However, it needs to provide sufficient information to the DPO/Privacy POC to decide if a DPIA needs to be completed. Like the DPIA itself, the screening questionnaire will be drafted by a multidisciplinary team within the business. All completed screening questionnaires should be approved, time stamped and retained by the DPO/Privacy POC. Where a DPIA is required, it should be kept with the screening questionnaire to avoid duplication. The DPIA template is a continuation of the screening questionnaire. While the screening questionnaire and the DPIA detail AI use in accordance with EU GDPR requirements, companies deploying AI systems also need to factor in their obligations under additional relevant legislation, such as the requirement to carry out a fundamental rights impact assessment (FRIA) under the EU AI Act. While outside the scope of this document, information gathered as part of the screening questionnaire / DPIA exercise will be...

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What should be entered in the PSC register of a UK private limited company where the shares are held by an individual via a Dutch foundation entity or Stichting Administratie Kantoor (StAK)? What are the obligations of the company (and the individual) if the Dutch entity refuses to supply details of its investors?

What should be entered in the PSC register of a UK private limited company where the shares are held by an individual via a Dutch foundation entity or Stichting Administratie Kantoor (StAK)? What are the obligations of the company (and the individual) if the Dutch entity refuses to supply details of its investors? This Q&A relates to the use of a Dutch Depository Foundation or Stichting Administratie Kantoor (StAK) as a special purpose vehicle to potentially reduce the transparency of an individual’s beneficial ownership in a UK private limited company. Under Part 21A of the Companies Act 2006 (CA 2006), the two main categories of entity that should be recorded on a persons with significant control (PSC) register are registrable individuals with 'significant control', and any other registrable 'relevant legal entity' (RLE). RLEs are legal entities under the law by which they are governed, would be individual PSCs if they were an individual, and are 'subject to their own disclosure requirements'. Legal entities will not be RLEs...

Does a company have a legal obligation to alert a customer to its complaints procedure?

Does a company have a legal obligation to alert a customer to its complaints procedure? This Q&A relates to consumer customers and the business concerned in this Q&A is not in a regulated area such as financial services. Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, SI 2013/3134 apply to contracts between traders and consumers made on or after 13 June 2014, see Practice Note: The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 and their impact on costs and funding. A trader is required to provide their complaint handling policy, where applicable, to consumers in relation to on-premises contracts and off-premises and distance contracts, under SI 2013/3134, reg 9(1) and Sch 1. See Q&A: Are there any legal requirements in respect of customer complaints handling for (non legal or financial) businesses? which may be useful to

View the related News about Enforcement

CMA outlines new DMCC Act enforcement powers for dynamic pricing practices

The Competition and Markets Authority (CMA) has detailed its new enforcement powers under the Digital Markets, Competition and Consumer Act 2024 (DMCC) regarding dynamic pricing practices. The CMA can now determine consumer law infringements and impose fines of up to 10% of global turnover. The guidance clarifies that while dynamic pricing is not prohibited, businesses must provide material information for informed consumer decisions, display total prices in invitations to purchase, and maintain price consistency during checkout processes. The CMA has published accompanying practical guidance for businesses implementing dynamic pricing strategies to ensure compliance with these requirements.

AI-related rights licensing agreements still ‘rare’, EU countries say

MLex: An EU copyright licensing market for training AI technologies remains underdeveloped due to the reluctance of developers to engage in licensing negotiations, according to a summary of responses by European governments and collective management organisations (CMOs) to a policy questionnaire. The survey identifies transparency problems for rights holders and workable opt-out mechanisms for the EU Copyright Directive’s text and data mining exception.