CMS Cameron McKenna Nabarro Olswang LLP

This Practice Note provides a detailed overview of the Contract for Difference (CfD) renewable and other low carbon electricity generation subsidy regime introduced under the Electricity Market Reform (EMR). It includes details of CfD support that has been awarded to date, the key entities involved in the CfD regime, the statutory mechanisms for granting CfD support, and the key terms of the standard form contract granted to renewable generators who win CfD support through the competitive allocation mechanism.

The second Payment Services Directive (PSD2) came into effect on 13 January 2018. This PSD2 one minute guide summarises the key changes introduced by PSD2, including third party payment service providers (TPPs), increased scope, transparency and consumer protection provisions.

This Practice Note introduces group procedure in Scottish civil litigation and considers the initial applications that require to be approved by the court before group proceedings (class actions) may be brought: the application to authorise the proposed representative and the application for permission to bring group proceedings. It also provides a brief overview of the origin of group procedure in Scotland and the statutory framework.

This Practice Note considers how Scottish group proceedings (class actions) will be dealt with after permission has been granted. It examines the permission order issued by the court, the date of commencement of group proceedings and the processes for joining and withdrawing from the group. It then examines how defended group proceedings are dealt with in terms of case management, disposal, appeals and settlement.

This Practice Note deals with the interrelationship between the law relating to security and the law relating to IP. It is increasingly recognised that all businesses own and use IP of some kind. Lenders in sectors which include IP-rich businesses are focusing increasingly on ensuring that their security captures the value of this IP. The law relating to security over IP is uncertain, and lenders must manage their way through the uncertainty. In addition, security over IP rights may be costly to put in place and difficult to enforce.

This Practice Note sets out a summary of Directive (EU) 2020/1828 (EU Representative Actions Directive or EU Collective Redress Directive) which makes available in all EU Member States a mechanism for the protection of the collective interests of consumers. This legislation is intended to better facilitate collective proceedings for European consumers.

This Practice Note explores the use of interim relief in trade mark proceedings, with a focus on interim injunctions. It examines law, procedure and practical issues relating to interim prohibitory injunctions, search orders and Norwich Pharmacal Orders.

This Practice Note covers the different types of overseas pension schemes, including Qualifying Non-UK Pension Schemes (QNUPS) and Recognised Overseas Pension Schemes (ROPS). This Practice Note also looks at the UK tax treatment of overseas pension schemes and overseas members or employees. While this Practice Note also refers to Qualifying Recognised Overseas Pension Schemes (QROPS), such schemes are detailed in another Practice Note. 

This Practice Note provides an overview of Carbon Capture Usage and Storage (CCUS) in the UK, including what it is and the key types of technologies it encompasses, the development of CCUS clusters, government policy and legislative developments aimed at increasing the deployment of CCUS (including the development of CCUS business models), an explanation of the key drivers and obstacles for CCUS uptake in the UK, policy developments in relation to the repurposing of existing oil and gas assets for CCUS, some of the funding opportunities available for CCUS projects and an overview of the existing national and international legislative framework surrounding CCUS projects.

This practice note discusses the use of witness statements for witnesses to fact in the Scottish courts with reference to relevant rules, guidance and case law. It covers the use and admissibility of witness statements in Scottish civil litigation, the use of commercial court guidance on witness statement as best practice, the purpose and content of witness statement, practical tips for taking a witness statement and for the format of statements. The practice note also flags issues and practice around privilege, the timing and exchange of witness statements, objections to witness statements and how oral evidence is handled when a witness has already provided a statement. It also touches on the consequences of making a false statement.

This Precedent is intended for use where the owners of separate similar or identical trade marks which are subject to confusion agree to clarify how each mark is to be used and/or registered so as to reduce the risk of confusion, settle a current dispute or avoid disputes arising in the future, and permit both parties to continue to use their marks. Key points to consider when drafting include: identifying the marks in question, the territory in which they are used, the goods/services for which each mark is registered and any intended modifications to either party’s mark.