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Shoosmiths LLP | August 2023

The summer is a welcome break for higher education students across Scotland. But, as coursework and exams are temporarily put to the back of minds, a potential reform is looming that could have major implications on the student living experience in Scotland. This relates to the outcome of a much-anticipated review into its purpose-built student accommodation sector (PBSA) – first initiated in 2021 by the Scottish Government ...

Shoosmiths LLP | August 2023

The UK is facing a veritable housing crunch. The gap between residential supply and demand continues to widen, and the current high interest rate environment is only serving to compound the issue – posing real challenges when it comes to funding and bringing much needed new schemes forward. One part of the residential market that is really feeling the strain of these supply constraints is the senior living sector ...

Shoosmiths LLP | August 2023

Since receiving Royal Assent on 28 April 2022, the Building Safety Act 2022 (BSA) has continued to lumber along - coming into effect in phases and throwing up legal complications as it goes. The government has therefore been required to create secondary legislation – regulations - to seek to clarify and untangle various provisions in the BSA. The Act is reliant on regulations to provide the detail of many of its provisions ...

Shoosmiths LLP | August 2023

Activity levels in the residential development market remain lower than developers, lenders and other real estate professionals have become accustomed to over the last 15 years. With 14 base rate rises implemented by the Bank of England (BoE) in the last 18 months - now at 5.25% - the UK is currently subject to the highest base interest rate since 2008 ...

Shoosmiths LLP | August 2023

While the next general election isn’t due until January 2025, or earlier, housing is shaping up to be a key battleground for both parties. It could arguably even decide the election. There seems to be clear blue water developing between the two main parties on this issue ...

Shoosmiths LLP | August 2023

The Planning (Agent of Change) Bill was a private member’s bill introduced in Westminster in 2018 by former government minister John Spellar to ‘require specified planning controls in relation to developments likely to be affected by existing noise sources’ ...

Shoosmiths LLP | August 2023

The Renters (Reform) Bill was given its first reading in May 2023 after five years of consultation and refinement. The Bill seeks to provide greater flexibility and security for residential tenants in England by imposing additional restrictions and obligations on private landlords. The reforms also look to improve the leasehold system through increased regulation, digitisation and standardisation. A noticeable omission from the Bill, however, is an exemption for private lettings to students ...

Carey | August 2023

Chile’s Ministry of Public Works (MOP) announced 11 new projects that will be constructed throughout the country. This announcement is the first call for public works tenders since the beginning of President Boric’s term in office. The portfolio of concessions planned for 2023 calls for investments totaling USD 5.8 billion. Concessions included in the portfolio: New Route 5 in the Santiago-Los Vilos section - USD 1 ...

Shoosmiths LLP | August 2023

Dan Sharman and Craig Thomas take a look at the tax treatment of salary sacrifice arrangements. Background HMRC has always had a difficult relationship with salary sacrifice arrangements. On the one hand it acknowledges that such arrangements are a legitimate way of employees and employers reducing their tax liability, whilst on the other hand it has looked for ways in which to reduce the amount of tax leakage occurring from such arrangements ...

Hunton Andrews Kurth LLP | August 2023

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Carey | August 2023

On August 21st, 2023, Law No. 21,592 was published in the Official Gazette, establishing a protection statute in favor of the person who complains – or reports – facts constituting disciplinary infractions or administrative misdemeanors ("Law No. 21,592") ...

Carey | August 2023

On July 26, 2023, SERNAC published a new interpretative circular that refers to the protection of the real estate consumer in the sale of real estate and its preparatory acts. Although this circular establishes mandatory guidelines for SERNAC officials, it also constitutes a guide to be taken into consideration by real estate providers when complying with their legal obligations ...

Shoosmiths LLP | August 2023

The government has published its long-awaited response to the consultation on implementing the new building control regime for higher-risk buildings (HRBs) and wider changes to the building regulations for all buildings. The provisions will be implemented through secondary legislation (The Building (Higher-Risk Buildings Procedures) (England) Regulations 2023 and The Building Regulations etc. (Amendment) (England) Regulations 2023)) that will come into force on 1 October 2023 ...

Hunton Andrews Kurth LLP | August 2023

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Dinsmore & Shohl LLP | August 2023

The 5th Circuit Court of Appeals in New Orleans upheld parts of a Texas District Court ruling by restricting the use of Mifepristone, while allowing Mifepristone to remain on the market.[1] This is the latest ruling in an ongoing legal battle that has left the future of abortion medications in a state of flux. Dinsmore previously discussed the original April 2023 ruling that led to the most recent development ...

Dinsmore & Shohl LLP | August 2023

The U.S. Equal Employment Opportunity Commission (EEOC) has published its proposed regulations to implement the Pregnant Workers Fairness Act (PWFA) in the Federal Register. The PWFA, which became effective on June 27, 2023, requires employers to provide reasonable accommodations to employees and applicants suffering limitations from pregnancy, childbirth or related medical conditions ...

Shoosmiths LLP | August 2023

In the latest edition of our HR Improve series, we consider the steps employers can take to improve diversity, equity and inclusion within the workplace ...

Shoosmiths LLP | August 2023

A recent case has seen trustees apply for and obtain court approval for a trustee petition to wind-up the scheme's sponsoring employers. This is a relatively unusual case, but the trustees had reached a point where no other options were available to them ...

ALTIUS/Tiberghien | August 2023

In the aftermath of some highly-publicised social dumping cases in the media, the Flemish government has proposed a zero tolerance policy for bogus posting set-ups involving illegal employment, especially if they involve exploitation and “smart” contractor chain constructions. To achieve this aim, the Flemish government has adjusted some already existing chain liability schemes and is seeking to introduce, amongst other things, a duty of care obligation for certain contractors ...

Shoosmiths LLP | August 2023

An interesting point has arisen in an unopposed lease renewal case that considered whether a landlord’s break option should be included in a new lease, to allow the landlord to occupy the premises for the purposes of its own business. BMW sought renewal leases of its showroom at 70 Park Lane, London, which was let under four separate tenancies ...

Dinsmore & Shohl LLP | August 2023

For the second time in three years, amendments to the False Claims Act have been proposed in the U.S. Senate. If enacted, the amendments would create uncertainty for FCA defendants and expand the scope of the FCA’s anti-retaliation provision to cover post-employment retaliation. In late July, a group of senators proposed the False Claims Amendments Act of 2023.[1] Championed by Sen ...

Carey Olsen | August 2023

Legal Property Due Diligence In a property transaction, whether that is buying, leasing, or financing, a legal property due diligence exercise may be required to assess the potential risk to a client before committing to the transaction. The potential for AI to be used to review and digest legal property DD documentation with speed and accuracy is clear ...

Dinsmore & Shohl LLP | August 2023

Dinsmore partner of counsel Frank Mamat contributes columns and analysis about labor and employment topics for the Small Business Association of Michigan's newsletter and website. In this edition, Frank and Dinsmore attorney Erik Bradberry write about legislation proposed in Michigan that would change what defines an independent contractor ...

Hunton Andrews Kurth LLP | August 2023

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Shoosmiths LLP | August 2023

On 15 June 2023, three groups namely the Centre for Progressive Policy (CPP), Pregnant Then Screwed (PTS) and Women in Data, published their collaborative report on the social and economic impact associated with extended paternity leave and pay. Currently in the UK, the statutory entitlement to paternity leave is capped at two weeks, with the weekly rate for paternity pay amounting to the lower of £172.48 per week or 90% of average weekly earnings ...

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