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Shoosmiths LLP | December 2022

With just days left till Christmas, the government has revealed more details on its proposed approach to planning reform with a draft National Planning Policy Framework released for consultation. Views are also being sought on a proposed approach to preparing National Development Management Policies, levelling up policy, and how national planning policy is currently accessed by users, but not as yet on the much needed funding for these changes ...

Shoosmiths LLP | December 2022

On 23 September the Government announced its ‘Growth Plan 2022’ (Growth Plan). It was intended, the Government said, to tackle rising energy costs, bring down inflation and help businesses and households alike. Instead, it caused a sudden and significant rise in interest rates which caused havoc for defined benefit (DB) pension schemes with liability driven investment (LDI) strategies ...

Shoosmiths LLP | December 2022

Businesses will be given a further extension until 31 December 2024 to start using the UK Conformity Assessed (UKCA) marking for goods placed on the GB market.  The labelling easement has also been extended until 31 December 2027.   Despite the UK Government previously stating that 1 January 2023 would be ‘the final deadline’, it has further extended the date by which businesses must use the UKCA marking ...

Shoosmiths LLP | December 2022

The task of upgrading and developing the UK’s electric vehicle (EV) charging infrastructure to cope with current and future demand is no mean feat.  The UK Government has committed to ending the sale of new petrol and diesel cars by 2030 ...

Shoosmiths LLP | December 2022

Where is my order? I’m sure most of us have asked this question many times and probably more so recently as the recent postal strikes have left customers waiting for delayed Christmas gifts to arrive. The postal strikes have undoubtedly had a huge impact on businesses in the lead up to Christmas, especially given the dramatic increase in online sales, costing businesses money and time in navigating through customer queries, complaints and providing solutions ...

Shoosmiths LLP | December 2022

The Council of the EU has now adopted its common position on the bloc's draft AI Act, as the legislation approaches final form. The updated position signals a number of important refinements to key principles in the previous text. The EU is hoping the legislation, once agreed and ratified with the European Parliament, will provide organisations within or trading into the EU with a uniform, risk-based framework, creating a single market for AI applications ...

Shoosmiths LLP | December 2022

The Foreign Influence Registration Scheme (FIRS) will compel non-UK businesses and their UK agents or representatives to register if they are engaged in ‘political influencing activity’. Failure to register would be a criminal offence potentially leading to a fine or imprisonment. The FIRS is included in draft legislation – the National Security Bill - which, if adopted, is foreseen to come into effect in Q1 2023 ...

Shoosmiths LLP | December 2022

The season of goodwill is upon us, with retailers and the press announcing Christmas charity partnerships to raise funds for good causes, but the cost-of-living crisis will still be with us in 2023. Charities are increasingly feeling a greater level of pressure to be the first line of defence as gaps in public services open up and they face a “triple threat” of increasing running costs (in particular, energy bills), rising service demand, and falling incomes ...

Shoosmiths LLP | December 2022

New biodiversity net gain (BNG) requirements are set to be enforced in November 2023, giving developers and the wider real estate industry less than 12 months to prepare. The legislation will require all new developments in England, bar a few exceptions, to deliver at least 10 per cent BNG – impacting commercial and residential developers. The requirements form part of the Environment Act 2021, which received Royal Assent in November 2021 ...

Shoosmiths LLP | December 2022

With office attendance down and face to face events less frequent, the ability to meet and network with industry peers has been somewhat stymied in recent years.  This is particularly true for the in-house lawyer community who, having worked through a period of sustained legislative, societal, economic and regulatory change, have arguably been one of the groups to have suffered the most from the inability hear how other IHLs across the industry have managed these challenges ...

Shoosmiths LLP | December 2022

On the twelfth day of Christmas, HR asked with heavy hearts “should we delay dismissing an employee until the New Year starts?" After much deliberation, they decided … no Dealing with redundancies or other dismissals is challenging at any time of the year, never mind in the run up to Christmas when everyone is already feeling the pinch of their purse strings whilst trying to stay afloat with festive joy ...

Shoosmiths LLP | December 2022

As we take stock on 2022, and look forward to 2023, let’s briefly reflect on some of the topics that are current with our Living sector teams and clients ...

Shoosmiths LLP | December 2022

The UK’s purpose-built student accommodation (PBSA) sector remains resilient despite months of economic and political uncertainty. “The fundamentals of the operational market in PBSA are very strong. I don’t think anyone is sat there saying that we don’t have great universities, we’ve got great occupancy and we’ve got growing demand,” outlined Alex Pease, executive director at Watkin Jones Group, at a recent Shoosmiths’ roundtable ...

Shoosmiths LLP | December 2022

Jeremy Hunt’s speech on 9th December heralds the (delayed) arrival of the anticipated reform of consumer credit in the UK…and much more. But will the fanfare live up to the industry’s expectations? The financial services sector have faced unprecedented challenges over the last few years, particularly those involved in the provision of consumer credit ...

Shoosmiths LLP | December 2022

The EU’s Digital Markets Act (DMA) [1] entered into force on 1 November 2022. A business that considers the platform it uses will likely be designated as a ‘gatekeeper’ and that the platform’s rules/behaviour are unfair can take certain steps now [2]. Q1 2023 to Q2 2023 - Engage with the platform to change its rules/behaviour ...

Shoosmiths LLP | December 2022

On the 11th day of Christmas, HR heard management say…“if they all work at Christmas, how much must we pay”? A weary HR team replied - whatever the contract says! Once again employers should initially turn to the contract of employment for the answer, which will vary from employer to employer and could include any of the following: You will receive normal salary for any time worked on a public holiday but will be rewarded with an equivalent day off in lieu to be taken at a

Shoosmiths LLP | December 2022

The Mayhew Review - Future-Proofing Retirement Living, issued in November 2022, has the premise that the UK is failing to adapt to the impacts of an ageing population. Mayhew bills this as both a housing issue (in the wider Living sector sense) and a care issue ...

Shoosmiths LLP | December 2022

From gyms, pools, gardens and co-working spaces to group litter picking, charity fund raising and book clubs, the build to rent (BTR) sector is founded on the provision of social value and community. The over-arching purpose of BTR is to create thriving communities of tenants whose willingness to utilise space and engage with neighbours goes beyond the mere occupation of a building ...

Shoosmiths LLP | December 2022

The Building Safety Act 2022 (BSA) received Royal Assent in April 2022. Its aim is to improve building safety across the built environment, with a focus on the residential sector. The BSA is being implemented in stages and a number of areas within the living sector fall under its regulatory umbrella. The government recently confirmed its intention for purpose-built student accommodation to be subject to the new regulatory regime ...

Shoosmiths LLP | December 2022

The UK data regulator, the Information Commissioner’s Office (“ICO”), has released a statement warning organisations to assess the public risks of using emotion analysis technologies, with those failing to do so risking investigation and enforcement action ...

Shoosmiths LLP | December 2022

The ICO Children’s Code was introduced in September 2020 by the UK data regulator. One year on from the 12-month implementation period, we are asking what is the Code's impact, and does it go far enough to protect children's privacy online? Why a Children’s Code One critical concern is that the internet was not designed with children in mind: yet UNICEF estimates that one in three internet users are children ...

Shoosmiths LLP | December 2022

With preliminary hearings now underway for Modules 1 and 2 of the COVID-19 Public Inquiry (‘the Inquiry’), its approach to expert evidence is emerging as an important issue for Core Participants (‘CPs’) ...

Shoosmiths LLP | December 2022

With an estimated 3.5 million people suffering from fertility issues in the UK, and with fertility treatment involving an emotionally draining not to mention a long, costly and risky process, it is unsurprising that Nickie Aiken MP has begun a campaign for change and better employment rights for individuals and couples undergoing fertility treatment ...

Shoosmiths LLP | December 2022

On 23 September 2021, the government published a consultation paper on ‘making flexible working the default’. The response to this consultation has now been published (on 5 December 2022). Overall, the responses to the consultation were broadly in favour of the proposed change ...

Shoosmiths LLP | December 2022

Meta continues to make headlines for the wrong reasons in the data protection field as this week the Irish data regulator, the DPC fined the tech company €265 million ($275 million) for infringements of Articles 25(1) and 25(2) GDPR. It is nothing new that Meta pushes data protection boundaries ...

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