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The term used in adjudication for the defence'.
Usually required, at the behest of the adjudicator to be delivered within seven to 14 days of the Referral setting out the Respondent's statement of case.
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EU Securitisation Regulation—timeline This timeline shows key developments relating to Regulation (EU) 2017/2402 (the EU Securitisation Regulation) from January 2024 onwards. For earlier developments, see EU and UK Securitisation Regulations—timeline [Archived]. 2025 Date Source Document Description 1 April 2025 AFME The Joint Associations’ response to the ESMA consultation of February 2025 on the revision of the disclosure framework for private securitisation AFME, Commercial Real Estate Finance Council (CREFC) Europe and International Capital Market Association (ICMA) submitted a joint response to the European Securities and Markets Authority's (ESMA) consultation on revising private securitisation disclosure requirements. The joint response argues against: introducing a simplified reporting regime for EU-originated securitisations before wider reforms, citing concerns about potential changes to private securitisation definitions, continued template-based reporting requirements, and unresolved third-country reporting issues. They propose an alternative approach focusing on supervisory reporting needs while allowing more flexible investor disclosures.See: LNB News 01/04/2025 71. 31 March 2025 EBA Joint Committee Report on the implementation and functioning of the Securitisation Regulation (Article 44) The Joint Committee...
EU operational resilience—timeline This timeline shows key developments relating to EU operational resilience requirements for financial services firms from January 2024 onwards. For earlier developments, see Operational resilience—timeline [Archived] 2025 Date Source Document Description 15 April 2025 FSB FSB finalises the common Format for Incident Reporting Exchange (FIRE) The Financial Stability Board (FSB) has published its finalised format for incident reporting exchange (FIRE), which aims to standardise and streamline cyber and operational incident reporting. Developed with private sector collaboration, FIRE addresses fragmentation in reporting requirements across multiple jurisdictions and supports phased implementation. It is interoperable with existing systems and applicable to a wide range of incidents, including those involving third-party service providers. The initiative promotes convergence in cyber incident reporting, reduces the reporting burden for firms, and improves communication among authorities.See: LNB News 15/04/2025 37. 24 March 2025 European Commission COMMISSION DELEGATED REGULATION (EU) …/... supplementing Regulation (EU) 2022/2554 of the European Parliament and of the Council with regard to regulatory technical standards specifying the elements that a financial...
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Evaluating an objection to processing request—flowchart This document reflects the UK GDPR regime. References and links to the GDPR refer to the UK GDPR (Assimilated Regulation (EU) 2016/679) unless expressly stated otherwise. The UK General Data Protection Regulation (UK GDPR) provides a number of rights for data subjects, including providing a right to object. Data subjects can make a request to an organisation to exercise their right to object to processing at any time. This is not, however, an absolute right to object—it only applies in specific circumstances. There are strict time limits for complying with requests made. See Practice Notes: • Data subject rights—objection to processing • How to handle data subject requests This Flowchart maps out a process for evaluating a data subject request under the right to object that your organisation receives under the UK GDPR. It reflects the requirements in the UK GDPR and the Data Protection Act 2018 (DPA 2018) together with guidance issued by the Information Commissioner’s Office (ICO). It should be...
Evaluating a restriction of data processing request—flowchart This document reflects the UK GDPR regime. References and links to the GDPR refer to the UK GDPR (Assimilated Regulation (EU) 2016/679) unless expressly stated otherwise. The UK General Data Protection Regulation (UK GDPR) provides a number of rights for data subjects, including providing a right to restriction of processing of personal data. Data subjects can make a request to an organisation to exercise their right to restriction of processing of their personal data in certain circumstances. It is not, however, an absolute right. There are strict time limits for complying with requests made. See Practice Notes: • Data subject rights—rectification, erasure and restriction of processing • How to handle data subject requests This Flowchart maps out a process for evaluating restriction of processing requests that your organisation receives under the UK GDPR. It reflects the requirements in the UK GDPR and the Data Protection Act 2018 (DPA 2018) together with guidance issued by the Information Commissioner’s Office. It should be read in...
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Produced in association with 4 Pump CourtThis Practice Note looks at the responding party’s defence to a Referral Notice in an adjudication—typically called the Response. The purpose of the Response is to set out clearly and concisely the responding party’s case—effectively comprising its pleadings, evidence, opening and closing submissions all rolled into one. This Practice Note considers the entitlement/requirement to serve a Response, the deadline for doing so, and issues that can be included in a Response, as well as providing practical tips for drafting it.Other helpful summaries on issues which may be relevant are available in Checklists: Key issues to consider on receipt of a Notice of Adjudication and Key issues to consider when preparing an Adjudication Response.Entitlement to serve a ResponseThe Housing Grants, Construction and Regeneration Act 1996 (HGCRA 1996) and the Scheme for Construction Contracts do not expressly provide for any response from the responding party to either the Notice of Adjudication or the Referral Notice. However, the adjudicator has a general power to issue directions relating to...
Preparing for the auditors—in-house lawyers One of the key dates in your organisation’s calendar is the date of the annual audit. An important part of the auditors’ role is to ensure that your organisation’s processes are fit for purpose. Central to that is your organisation’s approach to legal matters and legal risk. As an in-house lawyer, you need to prepare for the auditors’ visit because inevitably they will want to meet with you. While each audit firm has its own standard set of questions for in-house lawyers, the questions tend to follow certain themes, eg: • your risk register • litigation • applicable law and regulation • contracts • intellectual property (IP) • legal work process • your knowledge and experience Since joining your organisation, you have hopefully had the opportunity to meet with the key directors and heads of function. Those meetings will have given you the opportunity to find out more about many of the issues the auditors will be interested in. See Practice...
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Application—amendment to claim or response [Insert date] [Insert] Employment Tribunal [insert address] To the [insert] Employment Tribunal [Insert case name] Case No: [Insert case number] Application under Rule 31(1) to amend the [Claim OR Response] We act for the [ Claimant OR Respondent] in the above matter. We wish to apply pursuant to Rule 31(1) for an order that we be permitted to amend the [Claim OR Response] in the form of the attached draft, as follows: [insert details, eg to include an additional paragraph 10A to read ‘The Claimant also contends that her dismissal amounts to direct sex discrimination under sections 13 and 39 of the Equality Act 2010’.] [We request that a hearing is listed to consider the details of this application. OR We request that this application is determined on the basis of written representations only so as to avoid the need for the parties to attend a hearing and incur the additional associated costs.] Our reasons for applying for...
Application—reconsideration of rejection of response [Insert date] [insert] Employment Tribunal [insert address] To the [insert] Employment Tribunal [Insert case name] Case No: [Insert case number] Application under Rule 20(1) We act for the Respondent in the above matter. We wish to make an application pursuant to Rule 20(1) for a reconsideration of the decision to reject the Respondent’s response. The response was rejected because [it was not made on a prescribed form OR it did not contain the Respondent’s [full name OR address] OR it did not state whether the Respondent wished to resist any part of the claim.] [We are now able to rectify the defect [insert information]. OR We attach the prescribed form. OR In fact, the details were provided
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Coronavirus (Covid-19)—What happens in situations where an application needs to be heard before a certain date? Would the court be willing to provide relief if it is unable to arrange for an application to be heard? The response of the courts to the coronavirus (COVID-19) pandemic has been patchy and confused. The position changes from day-to-day as to whether hearings should go ahead, whether they should be in person, and whether non-urgent cases should simply be adjourned or conducted remotely. At the time of writing the guidance suggests that where cases can be heard remotely, they will be—see: Coronavirus (COVID-19)-Civil and Family Courts guidance from Lord Chief Justice—LNB News 19/03/2020 93, and Coronavirus (COVID-19)—Guidance on telephone and video hearings updated—LNB News 19/03/2020 18, but the ability of the various court buildings to provide for this is highly questionable. In ongoing litigation there will be circumstances where a hearing is required within a particular time—for example an application to adduce expert evidence will be required to be heard before the trial....
Can a charitable incorporated organisation (CIO) amend its constitution with a resolution passed by less than a 75% majority of those voting at general meeting? A charitable incorporated organisation (CIO) is a form of legal entity that is only available to charities. A CIO only comes into existence once it has been registered by the Charity Commission. The CIO form was created in response to requests for a more appropriate legal structure for charities that want to operate using an incorporated entity, but do not want to be subject to dual regulation via company law and charity law. The legal framework for CIOs is set out in the Charities Act 2011 (CA 2011). The Charitable Incorporated Organisations (General) Regulations 2012, SI 2012/3012 set out the details for
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This week's edition of Competition weekly highlights includes, from a UK perspective: (1) a High Court ruling dismissing a toy manufacturer’s damages claim but finding that MGA abused its dominant position and made unjustified patent threats, and (2) the CMA’s decision to update its procedural complaints guidance. This week's highlights also includes, from an EU perspective: (1) the Commission’s proposals for simplification to speed up defence investments in the EU, (2) an AG opinion concerning a national reference from Portugal on the interpretation of provisions in the Damages Directive governing actions for damages under national law for infringements of competition law, and (3) the Commission’s decision to publish a Revised Code of Best Practices for conduct of State aid control procedures.
This week's edition of Property weekly highlights includes: cases on adverse possession and unincorporated associations, rectification of a transfer, landlords’ insurance payments and rent repayment orders, regulations concerning occupation contracts in Wales and the statutory right of first refusal, New versions of CPSE.1 and CPSE.7 taking account of Economic Crime (Transparency and Enforcement) Act 2022 and a planning reform working paper on reforming site thresholds.
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