Two of the most prominent arbitral institutions globally, the London Court of International Arbitration and the International Chamber of Commerce, have recently updated their rules to modernise and streamline the way in which arbitrations are administered. The changes are designed to increase efficiency, flexibility and transparency and to embrace the growing use of technology in business today ...
The National Security and Investment Bill will allow government intervention in transactions raising national security concerns. It will require investors in UK real estate to consider whether the regime applies and factor in any timetabling implications. The Bill is currently being examined in the House of Lords. It will introduce an independent screening regime in the UK where a transaction gives rise to national security concerns ...
Led by Legal Director of Immigration, Rachel Harvey, and Employment Partner Emma Morgan, this webinar focussed on the considerations many Employers are faced with concerning immigration. This complex and ever-changing area means Employers need to keep a keen eye on any changes or alterations that are made to the current guidelines and rules. The key themes from the webinar and what they mean for employers are detailed below ...
The Court of Appeal (CoA) has allowed a SIPP investor’s appeal in Adams v Options UK Personal Pensions LLP (2021) EWCA Civ 474 and provided important guidance on the interpretation of Article 25 and 53 of the Financial Services and Markets Act 2000 Regulated Activities Order 2001 ...
It is only seven months until the eyes of the world fall on Glasgow as it hosts COP26. The conference comes with some terminology which might be unfamiliar. This article is designed to bring you quickly up to speed with the words and phrases you’ll be hearing a lot about in the coming months. The very basics... COP – ‘Conference of the Parties’, the parties being the 197 signatories to the UNFCCC treaty ...
It is only seven months until the eyes of the world fall on Glasgow as it hosts COP 26. The conference comes with some terminology which might be unfamiliar. This article is designed to bring you quickly up to speed with the words and phrases you’ll be hearing a lot about in the coming months. The very basics... COP – ‘Conference of the Parties’, the parties being the 197 signatories to the UNFCCC treaty ...
The designation of eight new Freeports within England made headlines in the Budget and now the winning bidders have to put into effect their successful proposals. What will this mean in practice for those areas affected and what are the likely issues that Freeport authorities will face? We have pulled together some questions we are asked frequently on Freeports, together with the responses we have been providing to our clients ...
From 1 October 2021, The Pensions Regulator (TPR) will have new criminal powers to bolster its anti-avoidance arsenal, but what does it really mean for those involved with the running of pension schemes? The new powers allow TPR to investigate and prosecute any person who avoids an employer debt, anyone who does (or doesn’t do) something which would prevent pension scheme members from receiving their benefits in full, and anyone who does not comply with a contribution notice issued
A recent study by the UK Advertising Standard’s Authority (ASA) has found that the majority of social media influencers are (still) breaking consumer and advertising laws. The ASA’s report, “Influencer monitoring report (March 2021)” (the ‘Report’) was undertaken as part of the ASA’s commitment to have more impact online, as well as be more proactive in their regulation and demonstrates its increased monitoring function ...
The UK will host the UN’s COP26 climate change conference in November 2021, but what is a COP – and what happened at the previous 25 COPs? 15 April 2021 marks 200 days until COP26 is due to start. Taking place in Glasgow from 1-12 November 2021, COP26 is the 26th session of the Conference of the Parties to the UN Framework Convention on Climate Change (UNFCCC) ...
Following the controversial consultation exercise that ran earlier this year the Permitted Development right authorising conversions from uses falling within Use Class E to residential uses will be added to the statute books this week. What is coming into force is significantly pared down from what was proposed in the consultation exercise and David Mathias sets out some of the headlines below. The Town and Country Planning (General Permitted Development etc ...
As an employer, are you obliged to search personal devices, personal email accounts and/or personal social media accounts belonging to employees or others such as trustees or non-executive directors when responding to a data subject access request (DSAR)? Many employers will now be familiar with undertaking a ‘reasonable and proportionate’ search when responding to an employee’s DSAR under Article 15 of the UK GDPR ...
Last week the Supreme Court decided to dismiss the latest appeal in the Royal Mencap Society v Tomlinson-Blake case and confirmed that time spent sleeping on site during a sleep-in shift will not count towards a care worker’s National Minimum Wage (NMW) ...
The financial services sector had a busy 2020 for many reasons, and the UK’s 2021/22 financial year promises to bring further developments. In this article, we take a look at the changes expected in banking, finance and asset management. 1. Brexit The loss of passporting rights was a key consequence of the Brexit deal from a financial services perspective ...
Bullying in the workplace and allegations of bullying harassment at work have seldom been out of the headlines. Politicians such as ex-speaker John Bercow or Home Secretary Priti Patel have been accused of such behaviour ...
The 95% home loan is back and this time it is government backed. The commitment by the Chancellor to propping up the housing market was cemented in the March 2021 budget by the announcement of an extension and tapering off of the Stamp Duty Land Tax (SDLT) holiday and the new 95% mortgage guarantee scheme. This allows banks and building societies to offer loans to borrowers who only have a 5% deposit ...
In the latest article for our Tricky Issues series, we consider how employers should deal with personality clashes in the workplace, why they need to be dealt with quickly and the legal position when employers consider dismissal ...
Employers can face a civil penalty under the Immigration, Asylum and Nationality Act 2006 (“the Act”) of up to £20,000 per illegal worker for failing to carry out the prescribed right to work document checks. It is a criminal offence to knowingly employ anyone who does not have the right to work in the UK or where an employer had ‘reasonable cause to believe’ they did not have the right to work in the UK ...
With an ageing population, it is increasingly important to raise awareness that thought needs to be given to how and who you would want to manage your affairs in the future to ensure your wishes are considered should you lose capacity to do so yourself. I regularly receive calls from individuals explaining that their loved one has been suffering from memory loss for several years, and a Dr has now told them that they lack capacity to manage their property and affairs ...
Led by Anna Lowe, this short and sharp session covered recent updates in tax affecting real estate. 1. VAT and the Reverse Charge Applies from 1 March 2021 to supplies of building and construction services where the Construction Industry Scheme would apply ...
In what has been a period of unprecedented upheaval, employers have learnt a lot about their working practices and staff. As we enter the new world, employers have a unique opportunity to build back better including normalising flexible working for all ...
There have been a number of significant rulings on the topic of holiday pay over recent years and Smith v Pimlico Plumbings Ltd is the newest addition. Before we look at Smith, it is useful to understand how this area of law has developed over time ...
The Home Office has published guidance on making late applications to the EU Settlement Scheme. Employers are rapidly having to get their “heads around” the fallout from Brexit and ensuring all their existing EU workers have or in are in the process of obtaining EU settled status is just one of the many headaches. The deadline of 30 June 2021 for EU, EEA and Swiss nationals to apply under the EU Settlement Scheme is fast approaching ...
Two weeks before the 2021 Scottish Parliament elections, Fraser Mitchell, partner at Shoosmiths sat down with political analyst, strategist, and commentator, Andy Maciver to discuss his views the current state of Scottish politics, the economy in the face of COVID, Brexit and the growing support for independence as well as key issues in the context of Scotland’s future. We have captured the key takeaways from the discussion below: Andy Maciver: AM Fraser Mitchell: FM 1 ...
In Elliot v Dorset County Council, the Employment Appeal Tribunal (EAT) has recently allowed an appeal against an Employment Tribunal’s finding that a claimant was not disabled. The EAT held that the Tribunal had failed to adopt the correct approach when determining whether the claimant had a disability according to the statutory definition of disability in section 6 of the Equality Act 2010 ...
