A recent judgement of the Court of Appeal brings welcome clarification of the principles regarding the recovery of wasted expenditure claims in IT disputes. Summary Whist wasted costs arising from failed IT implementations often form part of a subsequent loss of profit claim, the two forms of loss are separate and distinct. Consequently, in order to be effective, exclusions must specifically refer to wasted costs ...
Here we look at some of the possible avenues to explore in relation to contracts governed by English law if you are affected by events unfolding in Ukraine. Reviewing your contracts might seem like a minor inconvenience compared to what has been happening in Ukraine over the last month or so ...
The government have announced a variety of new immigration routes aimed at assisting businesses to fill labour shortages and plug the gaps left by Brexit. Here we summarise the changes that come into force in April 2022. The Home Office released the statement of changes to the immigration rules on 15 March 2022 with details of the new routes that will open to applicants from 11 April 2022 ...
The Department for Work and Pensions (DWP) has published its combined consultation on draft Regulations designed to improve accessibility of illiquid assets for defined contribution schemes. The Department for Work and Pensions (DWP) has published its combined consultation on draft Regulations designed to improve accessibility of illiquid assets for defined contribution schemes ...
Following Russia’s invasion of Ukraine on 24 February 2022, many individuals are being called up to defend their home countries. This has left employers wondering whether they are obligated to release those employees from employment. In the UK, if an employee is mobilised for full-time service in the UK armed forced, there are rules in place to protect an employee’s employment ...
The Government of the Russian Federation has adopted Resolution No. 497 dated March 28, 2022, which es-tablishes a large-scale moratorium on bankruptcy from April 1. Meanwhile, earlier on March 9, 2022, the Fed-eral Tax Service had already decided to suspend the initiation of bankruptcy proceedings. In this newsletter, we will provide you with an analysis of the key provisions of the moratorium ...
On 31 March 2022, a legislative Act that makes considerable changes to the sale of consumer goods was published in the Belgian State Gazette. This law transposes into Belgian legislation two European directives: EU Directive 2019/770 on certain aspects concerning contracts for the supply of digital content and digital services and EU Directive 2019/771 on certain aspects concerning contracts for the sale of goods ...
On 25 March 2022, the European Commission and the United States Government announced an “agreement in principle” on a new EU-US Trans-Atlantic Data Privacy Framework (the Framework). The purpose of this is to address the concerns that the Court of Justice of the European Union (CJEU) raised in the Schrems II decision, and thus allow the flow of personal data from the EU to the US in a manner that is compliant with the requirements of the GDPR ...
Changes to the rules relating to the use of red diesel will come into effect from April 1 2022 as a result of amendments to the Hydro Carbon Oil Duties Act 1979. The new rules set out a list of “excepted machines” which are allowed to use red diesel. A vehicle that is used for a purpose related to agriculture, aquatic farming, horticulture and forestry is allowed to use red diesel and can be used on the public road if the use is for one of those purposes ...
HM Treasury has recently published the outcome of its UK Prospectus Regime Review. The Review Outcome sets out important reforms to the UK prospectus regime for the public issuance of securities and admission to trading on capital markets, outlining the policy approach the UK Government will take following last year's Prospectus Regime Review consultation. This briefing note sets out the key measures confirmed by the UK Government in the Review Outcome ...
The government are set to introduce new measures on High in Fat, Salt and Sugar (HFSS) food including restrictions on volume offers and new rules on placement and promotion. What is a HFSS food? HFSS foods are food or soft drink products that are assessed as high in fat, salt or sugar in accordance with the Department of Health nutrient profiling model. Foods scoring 4 or more points and drinks scoring 1 or more are classified as HFSS ...
A summary of the key takeaways from a recent webinar on reducing scope 3 business travel emissions. Shoosmiths is delighted to be sponsoring United Nation Global Compact Network (UNGC) UK’s series of webinars on ‘Reducing Scope 3 Emissions’. On 29 March 2022, our Chairperson, Peter Duff, joined a panel to discuss the challenges associated with, and steps that can be taken to assist, a reduction in business travel emissions ...
The UK’s new safeguard mechanism for international transfers of personal data came into force on 21 March 2022. Organisations that make restricted transfers of personal data should review their data transfer processes now ...
On 28 March 2022 the government published its paper Taking charge: the electric vehicle infrastructure strategy1 (Taking Charge) and an accompanying document, Government response to the CMA’s Electric vehicle charging market study (the Response).2 At the current roll-out of approximately 600 public chargepoints installed every month, there will be close to 90,000 chargepoints in the United Kingdom by 2030 ...
The recent Winter Olympic Games and the conclusion of the Six Nations rugby were just two of many sporting events, large and small, that have been welcoming back fans (in accordance with local laws and restrictions) over the last several weeks. As we continue to live with COVID-19, it is crucial that organisers of sporting and other events are aware of health and safety requirements and their duty of care towards attendees ...
General information about legal enforcement Legal enforcement involves the securing and collection of monetary claims (and other claims) via the enforcement authorities. The general rules are set down in the Enforcement Act. The act sets out the conditions for securing and enforced settlement of monetary claims and governs the approach that must be taken in connection with this ...
In light of the current geopolitical situation, the severe US and EU sanctions, and Russian counter sanctions imposed in response, many international companies have already announced their plans either to leave the Russian market, or to temporarily suspend their business operations in Russia. The current unprecedented situation is a great challenge for companies, since it requires complex decisions to be made, in a very short time ...
Following the Scottish Government’s statement on 15 March 2022 regarding COVID-19 restrictions, organisations should take time to review the status of recently eased restrictions, and those which are to be eased in the coming weeks. These changes will be of particular relevance to businesses and employers throughout Scotland, who should follow the up-to-date guidance when dealing with employees and customers alike ...
The proposal for a directive on the recovery and resolution of insurance and reinsurance companies enshrines the no creditor worse off principle as provided for in the Bank Recovery and Resolution Directive (“BRRD”). This opens the door for the Portuguese legislature to repeat the mistakes it made when incorporating the BRRD into Portuguese law ...
As we begin to emerge from the pandemic, many issues which have been on the back-burner over the past few years are starting to resurface. In this article we take a look at some hot topics and legal developments we are expecting to take place this year. Flexible working As those of us who have worked from home for the past two years start returning in earnest to the office, flexible working is on everyone’s lips ...
Agricultural and rural settings present significant health and safety risks, which must be carefully managed and mitigated by employers and landowners operating in the sector. This was brought into sharp focus after two fatalities led to prosecutions following investigations by The Health and Safety Executive (HSE). Prosecution one In February, a farmer was prosecuted after a tragic fatal incident on farmland in Leeds ...
The establishment by the Scottish Government of a food security task force is a necessary and timely response to the war in Ukraine. In addition to the harrowing humanitarian crisis, the conflict has prompted significant concern among food producers. The UK food sector and consumers are currently facing a perfect storm just as we begin to emerge from the pandemic ...
In line with the actions planned in the European Union’s tax policy agenda to reform the corporate tax system, the Proposal for a Council Directive 2021/0434 (the “Unshell Directive”) was published on 22 December 2021. This proposal introduces a set of rules to prevent the improper use of shell companies (companies without economic substance) exclusively intended to obtain tax advantages ...
Following the Scottish Government’s statement on 15 March 2022 regarding COVID-19 restrictions, organisations should take time to review the status of recently eased restrictions, and those which are to be eased in the coming weeks. These changes will be of particular relevance to businesses and employers throughout Scotland, who should follow the up-to-date guidance when dealing with employees and customers alike ...
A huge number of global and national initiatives have been made to appropriately handle sustainability challenges, including the European Green Deal and the relating Taxonomy. Both mandatory regulations and voluntary principles have been (and will continue to be) initiated and implemented, to ensure or encourage that ESG considerations also are taken into account with respect to financing ...
