Modern data protection rules are being introduced to tax-efficient jurisdictions like Bermuda and the Cayman Islands. It's increasingly vital to understand how to handle data in some less familiar territories for data protection. Advisers are familiar with the data protection laws which apply in the jurisdictions where many commercial businesses operate like the UK Data Protection Act, the UK/EU GDPR and the California Privacy Protection Act ...
Whilst talk of Rail Refrom is excellent news for a Sector that has been crying out for it, how much will it really impact the supply chain and what processes and protections are already in place to help the flow of contractual payments? As the Passenger Railway Services (Public Ownership) Bill awaits its second reading in the House of Lords on 7th October it is clear that there is a real focus on Rail from the Government ...
Force majeure remains a hot topic when it comes to contracts. Following the pandemic, Suez Canal blockage and international sanctions, parties to contracts have been looking at how to possibly recover their losses or minimise the effects of delays. One question that had arisen was whether contracting parties could be forced to find a way around the issues by being commercially minded, particularly where they had an obligation to use reasonable endeavours to overcome the force majeure event ...
The UK Cabinet Office has just announced, in a brief statement that the date for the Procurement Act 2023 to enter into force has been postponed. At less than 2 months from the planned “go live” date which was slated for 28 October 2024, in a surprise announcement, the new Government has decided to push this back. The reasoning for the decision stems directly from the change in administration following this year’s General Election ...
The trend for financial services businesses and others to procure services from FinTech providers – and for providers to offer their services direct to consumers – has increased over the last 15 years. In this article, we outline some of the key areas of law that relate to FinTech. Similar to technology law more broadly, FinTech law is very much a “discipline of disciplines” ...
In this article, Shoosmiths and KPMG explore some of the key policy and business implications for organisations deploying connected and automated mobility (CAM) in the UK market. The Automated Vehicles Act (the AV Act) came into force on 20 May 2024. This important piece of legislation signals a major step towards the widescale adoption and use of CAM within the UK ...
A podcast series that explores privacy themes within some of the most well-known movies. In this season finale, William Moore and Nikita Kanda look at the 1990’s cult movie, ‘The Truman Show’. Whether you are a film buff, a privacy advocate, or simply curious about the intersection of storytelling and privacy, take a journey with us as we explore how the big screen tackles privacy ...
The High Court has ruled on water neutrality – an issue impacting the determination of planning applications across West Sussex and beyond - for the first time ...
The decision of the Supreme Court in R (Finch) -v- Surrey County Council and others [2024] UKSC 20 (Finch) has set a clear benchmark for the scope of Environmental Impact Assessment (EIA) undertaken in connection with carbon intensive developments in the UK. However, the Finch case is not just relevant to projects concerning fossil fuel extraction ...
On 26 July, the UK Financial Conduct Authority (FCA) published two consultation papers, CP24/12 and CP 24/13 (together, the CPs), relating to the new regime for public offers and admissions to trading to replace the existing UK Prospectus Regulation. These proposals are part of a package of measures designed to strengthen the UK’s capital markets; promoting more efficient and effective capital raising for issuers and increasing investor opportunities ...
Shoosmiths has partnered with The Legal 500 as exclusive expert contributing editors and authors across two of their latest Country Comparative guides. These global guides provide detailed information and insight into practice-area-focused laws and regulations in various jurisdictions., and provide an excellent platform to highlight our Technology sector globally, focusing on key areas such as AI, Blockchain & Digital Assets, Connected Tech, Tech Corporate Lifecycle, and Fintech ...
Marriage and civil partnership discrimination occurs when someone is treated unfairly or differently because of their marital status. We explore the causes, effects, and legal implications for employers of this form of discrimination in the workplace ...
As promised by the new government, the consultation on the revised National Planning Policy Framework (NPPF) has landed and now runs to 24 September. The Labour administration has clearly been busy in the lead up to the election, as the work that has gone into this is not the endeavour of less than a month in power. There’s a significant amount to analyse ...
The much-anticipated revised National Planning Policy Framework (NPPF) was published for consultation on 30 July, with the consultation running until 24 September. The consultation document extends more widely than changes to the NPPF itself, centred around the three pillars of stability, investment and reform. This article looks at the proposed reform. It should be said at the outset that much in the NPPF remains as before and the reforms might be regarded as tweaks ...
Whilst the revised National Planning Policy Framework (NPPF) contains a number of potentially game changing new policy proposals, many of the changes aim to re-wind the clock to the pre-December 2023 version of the NPPF. This is to encourage short-term growth through restored stability in the planning system ...
On the 30 July 2024, the FCA released a statement confirming their proposals to extend the current pause to the time firms have to response to consumer about motor finance complaints that involve a discretionary commission arrangement (DCA) ...
The Welsh Government has given some insight into its direction of travel in terms of implementing the Building Safety Act 2022 (BSA) in Wales with the publication of the Building Safety Act 2022 Handbook for Wales Design and Construction Phase. This confirms that the BSA will be implemented in Wales in phases. The handbook summarises the work that has commenced in the first stage including: defining what is a higher-risk building in Wales for the design and construction phase ...
The data breach at controversial dating site Ashley Madison exposed 36m users in 2015. It heralded a new age of global data protection laws, but could it happen again? A recent Netflix documentary is retelling the story of the mass data breach in 2015 affecting up to 36 million users of the Ashley Madison website. A decade ago, the Canadian site’s USP was already proving controversial: catering for happily married people looking for a discreet affair ...
Shoosmiths hosts a panel discussion examining Greater Manchester's Places for Everyone spatial strategy following its formal adoption, focusing on the transition from the strategy phase to implementation and delivery. Places for Everyone was formally adopted on 21 March 2024 after a decade in the making ...
Following the adoption of Greater Manchester's Places for Everyone strategy, Shoosmiths brought together real estate experts for a roundtable discussion on approaches to new development, redevelopment, renewable energy provision, and decarbonisation. Greater Manchester has raised the bar for new commercial and residential development in recent years, with cranes now a permanent fixture on a skyline famous for high-rises and construction projects ...
On 11 July 2024, the UK Financial Conduct Authority (FCA) issued the final version of its long-awaited new Listing Rules (UKLRs) in the UK Listing Rules Instrument 2024 (FCA 2024/23) (UKLR Instrument) ...
The EU’s much-anticipated AI Act has finally reached the statute book, with the legislation due to formally enter into force in early August. The arrival of the legislation represents a genuinely momentous shift in the focus of regulation of AI and its associated technologies, stepping away from the line of thinking that AI is just another category of software which should be subject to the same laws, standards and regulation as other, similar technologies ...
Today marks a pivotal shift towards a more pro-development approach. This recognises the importance of creating more quality, sustainable, and mixed-tenure homes, boosting residential supply across the UK, and understanding that this is central to delivering the economic growth the country needs. The reinstatement of mandatory housing targets and the strengthening of devolution powers are crucial first steps in accelerating housing provision. If the government aims to meet its 1 ...
On 2 July 2024, the Cabinet Office published additional guidance on the Procurement Act 2023, this time in relation to the Procure phase. The guidance documents cover: modifying a competitive procurement; minimum time limits, which a contracting authority must comply with during a competitive tendering procedure; and assessing competitive tenders. Read the full set of guidance documents here ...
In this episode of the Journey Through a Contract series join Julia Ishak as she provides an overview of the Incoterms® Rules, explores what the Incoterms® Rules do and don’t deal with, explains how to incorporate the Incoterms® Rules into a contract and discusses 12 top tips when using the Incoterms® Rules. The Incoterms® Rules are protected by copyright owned by ICC. Further information on the Incoterms® Rules may be obtained from the ICC website ...
