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What to think about before bringing a private competition action—checklist

What to think about before bringing a private competition action—checklist Is there an actionable claim? Note: private competition actions remain largely regulated by national law and procedural and substantive rules across the EU may vary significantly, therefore assessments in individual jurisdictions will need to be made when planning competition litigation. Possible causes of action • Consider if there is an infringement of UK competition law (or EU competition law prior to the end of the Brexit transition period). ◦ Consider whether the loss suffered can be attributed to an agreement or concerted action between undertakings, especially competing undertakings (see further, The prohibition on restrictive agreements). ◦ Consider whether the loss might have been caused by an entity that is arguably dominant typically with a large share of a relevant market, and could be said to have abused its dominance contrary to Chapter II of the Competition Act 1998 (and/or Article 102 TFEU if prior to the end of the Brexit transition period) (see further, The prohibition on abuse of dominance)....

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Remedies for connected lender liability in consumer credit

Remedies for connected lender liability in consumer credit This Practice Note examines a purchaser’s causes of action and remedies where the credit in a supplier-purchaser agreement is financed by a third party. The Consumer Credit Act 1974 (CCA 1974) provides that in certain instances where there is a connection between the supplier of goods and services and the creditor, the borrower will be able to seek a remedy against the creditor under CCA 1974, s 75 where the supplier has made a misrepresentation or is in breach of contract. This Practice Note looks at the main requirements of section 75 and the circumstances in which it might be applied when purchasing goods or services with a credit card. Overview Under a contract for the sale or supply of goods or services as between a supplier and purchaser, the purchaser’s causes of action and remedies are well known. However, what is the position where the transaction is financed by a third-party creditor? In certain debtor-creditor-supplier (or DCS) relationships, a consumer...

Easements and perpetuities

Easements and perpetuities Drafting — Perpetuities and Accumulations Act 2009 The Perpetuities and Accumulations Act 2009 (PAA 2009) effectively disapplies the rule against perpetuities from future easements granted on or after 6 April 2010. This means that the draftsman creating the grant of the right need not be concerned to specify a perpetuity period within which the grant must vest (ie take effect). That being said, many grantors still choose to specify a perpetuity period so that they may have the certainty of knowing that the easement is no longer relevant if it does not vest within the specified period. Any restrictions specified in the grant itself in relation to the exercise of the easement, will, of course, still apply. Due diligence — future easements The perpetuity rule continues to apply to easements granted before 6 April 2010. The rule is not an issue if the subject matter of the easement already exists at the date of grant. For example, the rule has no application to an...

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Legal opinion letter: for a ship finance transaction

Legal opinion letter: for a ship finance transaction [Headed notepaper of law firm issuing the opinion] [insert name and address of Lender] [insert date] Dear [insert name of Lender] Facility Agreement dated [insert date] between [insert name of lender] (the Lender) and [insert name of borrower] (the Borrower) (the Facility Agreement) We refer to [insert number of clause which requires delivery of legal opinion] of the Facility Agreement. This opinion is given in satisfaction of that clause. Unless otherwise defined in this opinion, defined terms in the Facility Agreement shall have the same meanings when used in this opinion. This opinion is governed by English law and is subject to the exclusive jurisdiction of the English courts. 1 Background 1.1 This opinion is given in relation to the English law aspects of a transaction (the Transaction) by which [insert description of transaction]. 1.2 We have acted as English law legal advisers to [insert name of clients] in relation to the Transaction. 1.3 This opinion is...

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Construction weekly highlights—17 April 2025

This week's edition of Construction weekly highlights includes an announcement from the Joint Contracts Tribunal (JCT) regarding its forthcoming Target Cost Contract, analysis of a case in which the Technology and Construction Court (TCC) considered whether a substation owner had been entitled to implement a more expensive scheme of remedial works (Southern Electricity v OCU Modus), a case in which the TCC dismissed a claim against a consultant on the basis that the defects in dispute arose from workmanship and not design (MJS Projects v RPS Consulting), and publication of the Office for National Statistics (ONS)’s construction output for February 2025

Public Law weekly highlights—17 April 2025

This week's edition of Public Law weekly highlights includes the Supreme Court’s landmark ruling in For Women Scotland Ltd v Scottish Ministers on the legal definition of the terms ‘man’, ‘woman’ and ‘sex’ under the Equality Act 2010. Also in this edition, a rare Saturday recall of Parliament for an emergency debate on the Steel Industry (Special Measures) Bill, new guidance on UK1 pipeline notices under the Procurement Act 2023, an update to Procurement Policy Note 009: Tackling modern slavery in government supply chains extending its scope to NHS trusts, closure of the consultation on reforms to the Civil Service Compensation Scheme, takeaways from the ICO’s final anonymisation guidance, plus a request for feedback on updates to the Magenta Book. Case updates include a further Supreme Court ruling in Abbasi v Newcastle upon Tyne Hospitals NHS Foundation Trust on reasonable duration of anonymity injunctions and a number of judicial review and freedom of information cases, including a case considering the interpretation of 'grossly offensive' in the context of Article 10...