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Shoosmiths LLP | March 2022

A new regime The UK has introduced a new regime which, from 4 January 2022, requires purchasers to obtain prior approval for transactions in certain specified sectors ...

Shoosmiths LLP | March 2022

Welcome to the COVID-19 Inquiry Spotlight Sessions. Brought to you by the Regulation, Business Crime and Compliance team at UK law firm Shoosmiths, this podcast series will explore the key topics associated with a Public Inquiry. We will help you to understand how the COVID-19 Inquiry might affect you and your business, and we will be joined by special guests who will deliver a specialist viewpoint on some of the topics ...

Shoosmiths LLP | March 2022

Energy efficiency is an important element for the location of data centres. A trade agreement with New Zealand could lead to a growth of demand from UK data holders for data centres in New Zealand. Background The data centre market is affected by numerous complex elements. Some support growth in the United Kingdom, such as the need to ensure United Kingdom data is in UK facilities if data privacy measures cannot be put in place for storage of data abroad ...

Shoosmiths LLP | March 2022

Earlier this week chancellor Rishi Sunak revealed the contents of his Spring Statement, against a backdrop of economic uncertainty where he referenced the national pandemic recovery and the war in Ukraine. Key announcements made included cutting fuel duty, raising the National Insurance threshold and enhancing the R&D tax credits system for more sectors to stimulate private sector investment. Our experts respond below to the statement at large ...

Shoosmiths LLP | March 2022

Working remotely combined with “The Great Resignation” has raised questions about how employers can best protect their business interests in this new world of work. Rewind a few years and most employees were physically attending the workplace every day, which in turn made it easier for employers to monitor the work being carried out by their employees and ensure that confidential files were locked away safely ...

Shoosmiths LLP | March 2022

6 April 2021 saw the IR35 regime change for large or medium sized private and third sector organisations. As the first year anniversary of these changes approaches, in this and subsequent articles, we consider the impact the changes have had so far. For our first article in the series, we consider whether organisations are applying the rules correctly and what common mistakes are being made ...

Shoosmiths LLP | March 2022

The new Register of Persons Holding a Controlled interest in Land (RCI) will come into force in Scotland on 1 April 2022. The purpose of this article is to highlight the key points of the regulations behind the RCI1 and how they may affect landowners and tenants of registrable leases (being those longer than 20 years) in Scotland ...

Shoosmiths LLP | March 2022

On 25 February 2022, the High Court handed down its judgment in Corbin and King Ltd v AXA Insurance UK Plc [2022] EWHC 409 (Comm), giving further guidance on business interruption (BI) claims resulting from COVID-19 restrictions. However, permission has now been granted to appeal.  The policyholder friendly judgment gives guidance on aggregation and the application of the Supreme Court’s causation reasoning to non-damage denial of access (NDDA) clauses ...

Simonsen Vogt Wiig AS | March 2022

Sustainability is a high priority for Simonsen Vogt Wiig (SVW), both for our own business and in our service offerings for customers. SVW have been certified as an Environmental Lighthouse («Miljøfyrtårn») for several years, and diversity and sustainability are among our key focus areas. In addition to working actively with defined sustainability goals internally, we advise on and deliver digital solutions within ESG, sustainability and the EU taxonomy ...

Shoosmiths LLP | March 2022

The UK's competition authority (CMA) unusually cleared a merger (Sony Music / AWAL) after nine months of investigation. Could a Phase 2 investigation have been avoided? On 16 March 2022 the Competition and Markets Authority (CMA) issued its final report into the completed acquisition by Sony Music Entertainment (Sony Music) of AWAL and Kobalt Neighbouring rights businesses from Kobalt Music Group Limited ...

Simonsen Vogt Wiig AS | March 2022

During the US President’s visit to Brussels, President Biden and President of the European Commission, Ursula von der Leyen, stated on Friday 25 March that the parties have agreed on the main principles of a new agreement on the protection of personal data transferred to the United States. While a concrete agreement text has not yet been published, the US White House has published a Fact Sheet explaining the key principles to be expected in the final framework ...

PLMJ | March 2022

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 ...

Simonsen Vogt Wiig AS | March 2022

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 ...

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 ...

  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 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 ...

ALRUD Law Firm | April 2022

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 ...

Simonsen Vogt Wiig AS | April 2022

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 ...

Shoosmiths LLP | April 2022

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 ...

  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 ...

PLMJ | April 2022

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 ...

  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 ...

  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 ...

Shoosmiths LLP | April 2022

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 ...

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