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What Does "Freedom Day" Really Mean for Employers?
Shoosmiths LLP, July 2021

Exactly 480 days after the first lockdown measures were introduced in England, 19 July – the so-called Freedom Day - will see the most significant easing of COVID-related measures in England since the pandemic began. But what will this mean for employers? Despite all the propaganda, it is unlikely that in years to come 19 July 2021 will be marked, remembered and celebrated as Freedom Day...

Building Safety Bill: Key Points for the Construction Industry
Shoosmiths LLP, July 2021

The Building Safety Bill was finally introduced into Parliament on 30 June 2021 with the aim of delivering fundamental reform to the building safety system. The Bill’s progress through Parliament will be closely monitored as the construction industry looks to prepare for the potentially wide-ranging impact of this complex piece of legislation. The Bill was published in draft form in 2020 to enable pre-legislative scrutiny...

Planning a Foreign Holiday for the Family this Summer?
Shoosmiths LLP, July 2021

The school holidays are almost here and many of us are thinking about travelling abroad. If your surname is different from your dependent children, then the ever-changing COVID-19 travel restrictions aren’t the only concern to consider when making your holiday plans. The rise of ‘blended’ families and couples choosing not to marry means it is not unusual for a parent to have a different surname to their dependent children...

Corporate Criminal Liability – Change is Coming
Shoosmiths LLP, July 2021

Holding companies to account: criticism of the current criminal framework Over time and bit by bit the UK’s approach to corporate criminal liability is being narrowed. The issue has long been debated with many commentators agreeing that the current criminal legal framework is far from satisfactory at holding corporate organisations to account for instances of criminality when those crimes are committed on behalf of, or in the name of, the company...

Pet Food Recalls: Here to Stay
Shoosmiths LLP, July 2021

Since April 2021, over 278 cases of feline pancytopenia, approximately 130 of which have proved fatal, have been detected amongst the UK’s feline population. This has now led to a recall of various cat foods, affecting large and small retailers...

Can Emergency Government or Regulatory Rules Frustrate Aircraft Leases?
Shoosmiths LLP, July 2021

The High Court has considered emergency response measures affecting the aviation sector. In two recent cases, aircraft lessors tried to enforce their lessees’ payment obligations, but were met with arguments that the leases had been frustrated. A contract is frustrated when an event arises after its formation and renders performance impossible, illegal or radically different from that which the parties had contemplated...

Following On From Pride Month 2021: A Toolkit for Allies
Shoosmiths LLP, July 2021

Following Pride Month celebrating the full spectrum of LGBT+ identities, I thought it would be helpful to give you my top tips on how to be an effective and supportive ally to LGBT+ people in your life all year round. I hereby name it the “Ally Toolkit” with three simple steps: Challenge yourself and others: This is my number one. I urge you, to challenge stereotypical thinking. whether it's conscious or unconscious, and whether it's your own or someone else’s...

A Sustainable Future for Birmingham – Part 3
Shoosmiths LLP, July 2021

In our last two articles, we have considered how transport may change over the coming years. This is of course only half the story. Clean energy production is possible within a city and there are many other technologies currently available, or just around the corner, which may revolutionise both the power grid and the quality of inner-city air. Energy generation It goes without saying that renewable energy sources will be critical to our future energy needs...

The Formula for Success: EQ = IQ
Shoosmiths LLP, July 2021

Our recent interview in The Lawyer sets out why the future of lawyering is all about tech and EQ. Its our recipe to thrive. We’ve been thinking about emotional intelligence, or EQ, a lot recently. After all, lawyering is a people business. It requires not only a high IQ—that’s a given—but also a highly-developed EQ...

Fail to Report your Money Laundering Suspicions: The Risk of Prosecution has Increased
Shoosmiths LLP, July 2021

On 2 June 2021 the Crown Prosecution Service (‘CPS’) revised their guidance and policy on the prosecution of regulated sector failure to disclose cases under section 330 of the Proceeds of Crime Act 2002 (‘POCA’)...

Operational Resilience – Governance and Regulation
Shoosmiths LLP, July 2021

In our second post pandemic webinar, Shoosmiths’ partners Susie Wakefield, John Hartley and Sam Tyfield considered key questions around the governance and regulation of Operational Resilience (OR) with guest speaker Charles Taylor (partner at Aldbury International).   Who needs to be operationally resilient? It is good business practice for regulated and non-regulated firms to be operationally resilient and all businesses should be thinking about their OR...

Supreme Court Clarifies the Scope of Duties for Professional Advisers
Shoosmiths LLP, July 2021

The cap may no longer fit - In a welcome and well-reasoned decision from the Supreme Court in the case of Manchester Building Society -v- Grant Thornton, the scope of duty and extent of liability of professional advisers has been comprehensively reviewed and clarity provided. The Manchester Building Society (“MBS”) claim related to a claim against Grant Thornton (“GT”) regarding auditing and accounting advice it provided...

When Does a Child Arrangements Order Come to an End?
Shoosmiths LLP, July 2021

A child arrangements order is a court order which states where a child will live, how they will be cared for and how they will spend their time with one or both of their parents. A question which often goes unasked, however, is how long will the order last? The contact arrangements set out within a child arrangements order, i.e...

Real Estate IHL Series – Wait, What?
Shoosmiths LLP, July 2021

As we emerge from lockdown, the pace of change in the real estate world is increasing once again.  Michael Callaghan looks at what the legal landscape looks like in the coming months. Climate change The Government is planning significant changes to the Minimum Energy Efficiency Standards (MEES) and the provisions that apply to Energy Performance Certificates (EPCs) to drive down carbon emissions from buildings...

Quarterly Case Law Update: July 2021
Shoosmiths LLP, July 2021

In our third quarterly case law update for 2021, we look at some of the key cases published since April 2021 and consider the lessons we can learn from them. Health and Safety Related Dismissals Over the past six months, we have seen the emergence of a series of cases related to health and safety dismissals. Unsurprisingly, several of these relate to Covid-19...

A Sustainable Future for Birmingham – Part 2
Shoosmiths LLP, July 2021

In the first article of this three-part series we looked at the future of personal transport. In this second piece, we turn to consider mass public transport and how it could play a significant part in the future of commuting.  Birmingham is beginning to make substantial changes to its transport infrastructure, but are the changes big enough? The Metro Opened on 30 May 1999, the West Midlands Metro provided a link between Wolverhampton and Birmingham...

Influencing Change: ASA Names and Shames Influencers
Shoosmiths LLP, June 2021

The ASA has taken further steps in their battle against influencers that fail to disclose when they are advertising to consumers on their social media channels. The ASA has taken further steps in their battle against influencers that fail to disclose when they are advertising to consumers on their social media channels...

Rent Recovery and Commercial Leases – The Current Position
Shoosmiths LLP, June 2021

Following the latest government announcements, where do landlords and tenants stand in relation to the recovery of rent unpaid during the Coronavirus pandemic? The simple answer is there is a significant degree of uncertainty, and an awful lot of detail around the government’s proposals and that has yet to be resolved...

Whistleblowing in the COVID-19 era – The Public Interest Test
Shoosmiths LLP, June 2021

In our previous article we set out what kind of information needs to be disclosed for it to qualify as a protected disclosure. Here we look at another key requirement, that the person making the disclosure reasonably believes it is in the public interest. What is (or is not) in the ‘public interest’ is not defined in legislation, and subsequently it can be difficult to determine...

Will End of Stamp Duty Holiday Damage the Property Market?
Shoosmiths LLP, June 2021

Wednesday June 30 2021 is when the Stamp Duty ‘holiday’ in its current form at least will end. The Chancellor, Rishi Sunak, introduced the temporary Stamp Duty Land Tax (SDLT) in July 2020 to boost the housing market following the first national lockdown. The aim was to save buyers from paying stamp duty on any properties valued at up to £500,000 – a saving worth up to £15,000...

Trading Internationally? The New EU Data Protection SCCs Explained'
Shoosmiths LLP, June 2021

Recent developments such as the invalidation of the EU-U.S. Privacy Shield framework under the Schrems 2.0 decision and Brexit will have a significant impact on how businesses transfer their data internationally. Recap: For more information see our previous webinars: on the Schrems 2.0 case: What is the Schrems 2.0 case about? on Brexit 2...

Changes to the UK Takeover Code
Shoosmiths LLP, June 2021

Contractual bids for public companies made on or after 5 July 2021 will be subject to new Takeover Code (the "Code") rules. Changes made to: standardise rules for all regulatory authorisations and clearances; simplify the contractual bid timetable; clarify circumstances in which conditions may be invoked to lapse a bid, represent the most significant changes to the Code since 2011...

UK Gets an Adequacy Finding. For Now.
Shoosmiths LLP, June 2021

Half a decade after the Brexit vote and just before the interim solution was about to run out, the European Comission has (finally) confirmed that the UK is regarded as 'adequate' for data protection purposes. Here's what you need to know. For those not too familiar with the terminology of ‘adequacy’ it all sounds a tad underwhelming...

Apple and Google Under CMA Scrutiny for Possible Competition Concerns
Shoosmiths LLP, June 2021

On 15 June 2021, the Competition and Markets Authority (CMA) announced a market study into Apple’s and Google’s mobile ecosystems. A market study allows the CMA to examine if a market is working well and if not, provide further actions necessary to address the concerns that are raised...

Innovation - The Softer Side of Freeports
Shoosmiths LLP, June 2021

There are plenty of articles which set out the "hard facts" of Freeports - the locations, tax benefits etc. - but are we all missing the real point? One of the key objectives of the UK government was to "create hotbeds for innovation"...

 

 

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