In a recent case, a unilateral termination clause in the relevant contract had no bearing on whether termination via agreement between the parties was available, and the court held that novation of the contract by the conduct of the parties was valid ...
Welcome to the first part in our series of articles on the Building Safety Act 2022. The Building Safety Act received Royal Assent on 28 April 2022. While many of the provisions will be implemented over the next 12-18 months, the industry is being urged to get ready now. Dame Judith Hackitt stated in a recent HSE Bulletin: “The clock is now ticking and the pace is accelerating. Change is going to happen this time – there’s no denying it anymore!” ...
In a recent case the Employment Appeal Tribunal (EAT) upheld a 25% uplift to compensation for an employer’s failure to comply with the ACAS Code of Practice, following a discriminatory dismissal that was purportedly due to redundancy ...
Another instalment from the UK courts guiding employers on how to comply with S145B of TULRCA when participating in collective bargaining. In the same month as we are contending with the largest rail strikes in 30 years, it is apt that the Employment Appeal Tribunal (EAT) in Edinburgh has issued a decision in a theme of cases involving Section 145B of TULRCA and how it can impact pay negotiations ...
Shoosmiths colleagues Andy Graham and Amy Leech highlight some of the main considerations for employers looking to move their employees onto a four day working week. Shoospeak HR podcast 4 day working weeks - a dream or disaster? Shoosmiths colleagues Andy Graham and Amy Leech debate the four day working week pilot and some key considerations for employers looking to implement this type of working pattern ...
Insolvency practitioners are undoubtedly alive to the risks of ignoring or mis-handling crypto assets and the threats of misfeasance or unfair harm claims that could follow. In this, the first in a series of articles on the subject, the message is simple – the technical details might appear arcane but provided you take specialist advice, a crypto asset is no different from any other asset you come across – keep calm and carry on ...
The Court of Appeal has given some much-needed clarity on this issue in the recent decision of Abbey Healthcare (Mill Hill) Limited v Simply Construct (UK) LLP [2022]. In a majority judgment, the Court of Appeal reversed the first instance decision and held that the collateral warranty in question was a construction contract within the meaning of s.104(1) of the Housing Grants, Construction & Regeneration Act 1996 (the Construction Act) ...
In the lead up to the UK COVID-19 Public Inquiry, we look at the impact the pandemic has had on the Education sector. Education has been particularly badly affected by worldwide COVID-19 restrictions, with 184 country-wide school closures, leaving 1.53 billion out of school, and impacting 87.6% of the world’s total enrolled learners1. The move to online learning One of the biggest changes for the sector was the move to remote learning ...
Since the current Electronic Communications Code was introduced in 2017, swathes of it have come under the judicial microscope and even resulted in impending legislative updates. Until now, there has been no scrutiny of the process under which telecommunications apparatus is to be removed following termination of the underlying agreement ...
In a judgment handed down on 14 June 2022 in The Federal Republic of Nigeria v JPMorgan Chase Bank, N.A [2022] EWHC 1447 (Comm) (FRN v JPMC) the court again considered the scope of the Quincecare duty and gross negligence. The decision is good news for Banks. The case related to the payment of over $1 billion by JPMorgan Chase (JPMC) to accounts held by a Nigerian company called Malabu Oil and Gas Limited (Malabu) ...
Legal directory Chambers and Partners has today launched Global LawTech 2022, ranking Shoosmiths8 Connected Services Cia® and Matters+ as band one products. This global guide is part of Chambers’ professional advisor series and is its second report on the rapidly moving legal technology sector ...
The Supreme Court refuses to re-open lease contracting-out issues previously determined by the Court of Appeal. The Supreme Court has denied the Fragrance Shop’s request for leave to appeal the Court of Appeal’s decision in TFS Stores Ltd v The Designer Retail Outlet Centres (Mansfield) General Partner Ltd [2021] EWCA Civ 688 ...
An LTAF is a UK authorised fund which offers greater flexibility in terms of assets that it can invest in than other types of UK authorised fund. It has more liquidity than more traditional fund structures such as private equity limited partnerships ...
Prepared following concerns expressed by MPs about the government’s oversight of the waste industry. The National Audit Office (NAO) has recently published its report ‘Investigation into the Government’s actions to combat waste crime in England’ ...
Why a comprehensive exclusion of loss clause should cover 'wasted expenditure' - and how employers should resist. The Court of Appeal decision in Soteria Insurance Limited (formerly CIS General Insurance Limited) v IBM United Kingdom Limited (February 2022 Court of Appeal) contains a short but important point for those drafting exclusion clauses - especially those that seek to exclude indirect and consequential costs, loss of profits, loss of opportunity, etc ...
Switch2 Energy, Shoosmiths and BEIS came together to provide an update on how regulation, rising energy prices and decarbonisation targets are impacting heat network operators and customers. This first webinar looks at the background to heat networks, an update on policy and impending regulation ...
A summary of the key takeaways from a recent webinar on reducing scope 3 leased assets emissions. Shoosmiths is delighted to be sponsoring United Nation Global Compact Network (UNGC) UK’s series of webinars on ‘Reducing Scope 3 Emissions’ ...
The London Court of International Arbitration recently published its caseload statistics for 2021, which can be found here. The LCIA is one of the world’s leading international institutions for commercial dispute resolution and administers arbitrations and other alternative dispute resolution proceedings, regardless of location and under any system of law ...
Despite the menopause affecting around 13 million women a year in the United Kingdom, until recently it was very much a taboo subject, both within and outside the workplace. Whilst progress has been made, it is critical that the conversation keeps going ...
The UK is facing a series of economic shocks, fuelled by the increased cost-of-living, the Ukraine war hitting the global supply chain, and lasting disruption of the Covid-19 pandemic. The combination of issues has led to shifts in shopping behaviours, working patterns and residential needs, while also impacting demand for space in traditional retail and leisure districts. Remedial action is needed to deal with these pressures and the resultant damage to UK high streets ...
On 9 June 2022 we organised Social Mobility in Action -The Shoosmiths Foundation and End Youth Homelessness’ webinar. The event was hosted by Simon Boss, Shoosmiths, with special guests Faye Edmondson of End Youth Homelessness and Megan Stott of Deliveroo. The Shoosmiths Foundation, launched in 2021, is a grant making body working to help address societal issues, to empower sustainable change and to improve the lives of the people and the environment in the UK ...
On 25 May 2022, the Health and Safety Executive (HSE) published its new 10-year strategy (“the Strategy”) which will inform its activities until 2032. As recognised in the Foreword, “the organisation’s role and responsibilities are growing, particularly in the areas of building safety, chemicals regulation and supporting sustainable, healthy, workplace practices ...
In September 2019 government announced a review of the system for children and young people with Special Educational Needs and Disabilities (SEND) in England. The current SEND regime introduced in 2014, is considered by many to be unfit for purpose, both in terms of accountability and consistent quality of support and adequate funding to local authorities to make the system work ...
Whilst every year throughout June we celebrate Pride Month, this is an extra special year; the 50 year anniversary of the first ever Pride event in the UK. #PROUD@Shoosmiths Every June Pride Month is celebrated across the world to honour the 1969 Stonewall Riots ...
Using evidence given at the UK COVID-19 Inquiry in later criminal or other proceedings The Chair of the UK COVID-19 Inquiry, the Rt Hon Baroness Heather Hallett DBE ...
