The much-anticipated Court of Appeal judgment in C.G.Fry & Son Ltd v SSLUHC [2024] EWCA Civ 730 was handed down on Friday 28 June 2024. It dismissed the appeal on all three grounds. The case was centred on the widespread issue of developments being required to demonstrate that they are ‘nutrient neutral’, so as not to add nutrient load on designated habitats ...
Back in February 2023, The British Private Equity and Venture Capital Association (BVCA) revised and relaunched its model documents for early-stage investments. The model documents are widely used throughout the growth company ecosystem in the UK and provide a basis for the constitutional arrangements of most privately held businesses backed by institutional growth capital at all stages - from seed to pre-IPO ...
In this article we look at some of the key factors that influenced deal term trends through analysing the many transactions Shoosmiths advised on over the last year. For the third successive year Shoosmiths remained the UK’s most active law firm advising on mergers and acquisitions (according to Experian MarketIQ), acting on over 400 deals worth over £7bn in 2023 ...
A podcast series that explores privacy themes within some of the most well-known movies. In this episode, William Moore and Paula Kelly return to the Wizarding World to once again discuss the Harry Potter films. 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 ...
Shoosmiths’ Commercial Energy and Mobility partner, Chris Pritchett moderated a panel discussion on the progress towards net zero adoption in passenger vehicles at the recent SMMT International Automotive Summit 2024. An overarching theme applying to all sessions across the day was the industry roadmap for the transition to net zero ...
Shoosmiths brings together leading developers, asset managers and investors, as well as energy, planning, policy and legal experts, for a roundtable discussion on overcoming power supply challenges to support the delivery of innovative and resilient developments that balance financial and environmental objectives ...
The Automated Vehicles Act (the Act) outlines the safety requirements that manufacturers and operators of automated vehicles will need to meet in order to deploy their goods and services on UK roads. In this article Ben Gardner outlines the key safety areas that will need to be considered ...
The latest YouGov election poll is predicting that we are likely to have a Labour government on 4 July and this brings uncertainty for the Private Equity (PE) industry, specifically around the carried interest regime.Historically, it seemed to be a forgone conclusion that the carried interest ‘loophole’ would be closed should Labour take control of parliament ...
In its Primary Market Bulletin 49 (PMB 49) (published in May 2024), the UK Financial Conduct Authority (FCA) issues a reminder to premium listed companies incorporated in the UK of their continuing disclosure obligations under the Listing Rules (LR). FCA issues reminders to listed companies on disclosure obligations The reminders emerged following a thematic 2023 review (the review) looking at disclosures made pursuant to LR 9.4 and LR 13 ...
Whilst the impact of the upcoming general election remains to be seen, the Government has recently proposed scrapping the Commercial Agents Regulations for new agency arrangements. Background The Commercial Agents (Council Directive) Regulations 1993 (CAR) implement the Commercial Agents Directive (86/653/EEC) (Directive) ...
Shoosmiths’ FinTech partner, Luke Stubbs, was a speaker at the recent FinTech Week London Conference, participating in a panel discussion focused on international payments. FinTech Week London reflects the City's role as a FinTech hub and comprises a week of events culminating in a major conference, which Shoosmiths was proud to sponsor ...
On 23 May, the Procurement Act 2023 (Commencement No.3 and Transitional and Saving Provisions) Regulations 2024 were signed, setting out the confirmed go-live date of the Procurement Act of 28 October 2024. On 24 May, the Cabinet Office published the latest tranche of its official guidance on the Procurement Act. The Cabinet Office has arranged the guidance documents under the four stages of the commercial pathway: Plan; Define; Procure; Manage ...
As we have previously commented, once COVID came along force majeure became, understandably, a hot topic but case law on the subject was light. We are now however starting to see a trickle of cases emerging which consider force majeure. In RTI Ltd v MUR Shipping BV however, the Supreme Court has now handed down a significant judgment that clarifies the rights and obligations of contracting parties under a force majeure clause ([2024] UKSC 18) ...
On 12 June 2024, the Office of Rail and Road (ORR) published its final report, ‘Railway Station Catering Market Study’. It evaluates the effectiveness of competition in station catering and whether the market is delivering value for money for passengers and taxpayers. The ORR has identified barriers to competition, such as limited space and protected leases ...
The Automated Vehicles Act (the Act) outlines how liability will be allocated when an automated vehicle commits a driving offence or is involved in an accident, together with certain information disclosure requirements to support regulatory investigations. In this article Ben Gardner outlines the key issues surrounding liability that will need to be considered ...
Manufacturers of internet or network connectable products for the UK market are now required to implement minimum security standards to protect such products from cyber-attacks. Importers and distributors are also impacted by these requirements ...
The gig economy was created out of a desire for services to be on demand with limitless flexibility. If elected, Labour has pledged to provide greater job security and remove the distinction between worker and employee – are the two in conflict? The gig economy is a term that describes a labour market where workers are hired to perform tasks on a short-term, flexible basis, rather than into permanent or full-time jobs ...
Interim (preliminary) injunctions in English intellectual property litigation are rare. Among other things the Court considers whether there will be irreparable harm to the intellectual property owner. What matters? Interim (preliminary) injunctions in English intellectual property litigation are rare. Among other things the Court considers whether there will be irreparable harm to the intellectual property owner ...
A recent parliamentary report, the last to be published before the upcoming UK general election, says that we need to “fundamentally change the way we think” about AI ...
To celebrate the Euro 2024 football tournament kicking-off, we wanted to pay tribute by ranking the data protection authorities from the nations competing in the tournament. Below, we have set out our top ranked data protection authorities and the reasons why they are our top picks. Rank 1: Spain No ...
In April 2024, the FCA issued practical steps and finalised guidance on the Anti-Greenwashing rule, effective from 31 May 2024, ushering forth the FCA's regulatory priority accorded to ESG and sustainability. On 28 November 2023, the UK Financial Conduct Authority (“FCA”) published consultation paper, GC23/3, (the “CP”) outlining its proposed guidance on the Anti-Greenwashing rule (ESG 4.3.1R, the “Rule”) ...
The Automated Vehicles Act (the Act) creates a licensing and permitting scheme for operators that intend to use automated vehicles to offer transportation services for passengers and goods. In this article Ben Gardner outlines what potential operators need to consider ...
Employees have a statutory right not to suffer discrimination in the workplace and it is essential that employers, and those responsible for managing the workforce, fully understand the legal provisions and the potential consequences of failing to comply. Sexual orientation is one of nine characteristics that are protected by discrimination legislation ...
In the final part of our mini-series in dealing with DSARs, we look at the process of redacting when responding to a DSAR, and in particular, what information should be provided to an employee who has submitted a DSAR. Employees are increasingly seeking to raise DSARs within an employment context and in particular ahead of instigating legal proceedings. Responding to a DSAR can be a challenging, costly, and often time-consuming process ...
Between April 2022 and March 2023, 15,848 complaints were submitted to the ICO in respect of DSARs. This article follows our previous discussion on how employers can remain compliant with the ICO’s guidance on DSARs and how employers should respond to DSARs ...
