Two new categories of tax-exempt bonds were created by the Infrastructure Investment and Jobs Act (H.R. 3684) (the Act) adopted by the House on Nov. 6, 2021: “Qualified Broadband Projects” and “Carbon Dioxide Capture Facilities ...
In Lloyd v Google, the Supreme Court denied claims for mere 'loss of control' and ruled against mass class actions for data claims. Here, Philip Tansley and Matthew MacLachlan consider the court's reasoning and the broader implications for such claims. Case In its landmark judgment today, the Supreme Court unanimously held that a representative class action brought on behalf of approximately 4 ...
In Kabab-Ji SAL v Kout Food Group, the UK Supreme Court recently considered the question of which system of law the English courts must apply to decide whether there is an enforceable arbitration agreement. This case illustrates the different approaches taken in determining questions of applicable law and the consequences this can have for both annulment and enforcement proceedings in different countries ...
The FCA has updated its guidance on remote and hybrid working – firms (and applicants) need to ensure they are up to speed with the revisions. On 11 October 2021, the FCA published an update on its guidance to firms (and applicants) on remote and hybrid working models ...
Earlier this year I wrote about a court challenge being made by the rewilding charity Trees for Life against NatureScot, challenging the issue of licences to kill beavers. This followed the release of information by NatureScot reporting that, during 2019, 87 beavers were killed and 15 were live trapped under licences that it had issued to farmers and landowners ...
Increased public awareness of data protection regulations has sparked a rise in claims for damages associated with distress caused by data breaches. Many claims are made in response to serious breaches that have caused financial loss or significant distress, however organisations are increasingly receiving significant financial claims for relatively minor breaches ...
By Supreme Decree Nº 023-2021-PRODUCE published in the Official Gazette "El Peruano" on November 8, 2021, the new Single Text of Administrative Procedures - TUPA of the Ministry of Production - PRODUCE was adopted, according to Annex Nº 1 that is an integral part of the decree, which is published in the Institutional Portal of the Ministry of Production (www.gob ...
University of Strathclyde v. Clear-Vu Lighting LLC, Appeal No. 2021-2243 (Fed. Cir. Nov. 4, 2021) In this week’s Case of the Week, the Federal Circuit reversed an inter partes review decision finding claims directed to light-based disinfecting methods to be obvious over the prior art. This case provides a helpful example of how negative claim limitations can affect an obviousness determination ...
Do you have a unionised workforce? If so, the Kostal (Kostal UK Ltd v Dunkley and others [2021] UKSC 47 (27 October 2021)) decision is a must read. If you are an employer which recognises a union - or unions - then the Kostal decision is unlikely to have escaped your notice. The case was brought because an employer ‘went around’ the recognised union and made a pay offer direct to employees despite there being an agreement with the union in place ...
There is no doubt that the pandemic catapulted society and businesses into a new and different world, which saw old working practices replaced by new and which advanced the adoption of new technology at a rapid pace. However, one thing didn’t change at law firm Shoosmiths, and that was how Environmental, Social and Governance (ESG) considerations still firmly lay at the heart of the business strategy ...
The lack of detail in the Budget speech on investment in renewable energy (nothing on hydrogen for example) was disappointing, and surprising to many given the timing of the Autumn Budget with COP26. However, the Comprehensive Spending Review did give a bit more detail. Whether it goes far enough or fast enough to meet ambitious targets is still up for debate ...
In a decision issued in July 2021, the Dubai Court of Appeal held that an arbitration clause should be construed narrowly, and emphasized that everything that may be waived or prevents its [i.e., the arbitration clause’s] application must be sought. This judgment, which rejected a challenge to the jurisdiction of the Dubai Courts based on the existence of a purported arbitration agreement, was discussed in our inBrief dated 12 September 2021 ...
OSHA is considering rules to address heat injury and stress in the workplace. On October 27, 2021, OSHA filed an Advance Notice of Proposed Rulemaking ("ANPRM") for Heat Injury and Illness Prevention in Outdoor and Indoor Work Settings. The ANPRM includes 114 questions and seeks public input on heat-related issues that should be addressed in any standard, including possible controls or measures that might be considered to address heat-related injury and stress ...
In IT service contracts, it is common to find non-liability clauses protecting companies that provide software and professional IT system implementation or integration services. Issue In Dispute Is such a contractual non-liability clause valid under Quebec civil law where a fundamental obligation is breached? In 6362222 Canada inc. v. Prelco inc ...
In Rolfe v Veale, the High Court awarded summary judgment against claimants who alleged distress following an inadvertent data breach. Here, Philip Tansley and Matthew MacLachlan consider the court's reasoning and the broader implications for such claims ...
With COP26 now upon us, all eyes are on Glasgow! As we continue to explore the various routes to net zero, there is no doubt that the Scottish Government's recently published "Heat in Buildings Strategy" will have a key play to role to play. Never in recent history has there been so much focus on how we use space that was once the reserve of our personal and family lives for working…but also on how our homes work for us ...
Over the past couple decades, building codes have responded to disasters, rather than averting them. Resilience is now an essential design element needed to withstand our changing climate. In the immortal words of Bob Dylan, “the times, they are a-changin’.” Intensified and more frequent hurricanes on the East and Gulf Coasts, more devastating wildfires on the West Coast and more frequent, powerful tornados in the heartland ...
28 January 2021 saw the release of a Notification Concerning Guidelines for the Identification and Verification of Customers and Ultimate Beneficial Owners (“AMLO Notification”) by the Anti-Money Laundering Office (“AMLO”) ...
It was uncertain, however, whether this ancient time period extended to third party claims but a recent case before the Master of the Royal Court has now clarified this area of law. Facts The plaintiff brought a claim in tort and contract against three defendant doctors, for their alleged failings in the plaintiff’s care, which resulted in the plaintiff being diagnosed with a stroke in 2016 ...
‘A whole new planning system for England’ is what Boris Johnson was promising in his introduction to the Planning White Paper. He also took a sideswipe at the current system for providing “nowhere near enough homes in the right places” ...
