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Shoosmiths LLP | June 2022

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 ...

Shoosmiths LLP | January 2024

If you have checked your licences overnight you may have seen the unexpected news from UK Visas and Immigration. They have published a notification on the landing page of the Sponsor Management System (on 24 January 2024) informing sponsors that they are removing the requirement to renew a sponsor licence. This impacts sponsors whose licence was due to expire on or after 6 April 2024. Those whose licence expires before this date will need to renew as usual ...

Shoosmiths LLP | April 2023

The right to be accompanied by a colleague or trade union official at disciplinary and grievance hearings is likely to be a familiar concept to employers. Here we discuss the nuances of that right and what could happen if there is a breach. What are the worker’s rights? The statutory right to be accompanied is set out in the Employment Relations Act 1999. The right is not limited to employees and applies irrespective of length of service ...

Shoosmiths LLP | February 2024

The Public Service Vehicles (Accessible Information) Regulations 2023 (the “Regulations”) implement certain basic informational requirements that bus operators of local services need to implement in their vehicles in order to improve the accessibility of information for passengers on local bus services ...

Shoosmiths LLP | November 2009

At the same time, the effective rate of tax on dividends for high earners will rise from 25% to 36%. No changes are currently proposed to the rate of capital gains tax which means it will remain at 18%. However, both main parties have now admitted that further tax increases are likely. With the gap between income tax and capital gains being a massive 32%, it seems unlikely that the current generous rate of capital gains tax will remain in place ...

Shoosmiths LLP | January 2023

2022 was a record year for the UK’s living sector. Investment into the sector exceeded £10bn in Q3, fuelled by growth across build to rent, student accommodation and healthcare. While the data for Q4 is yet to be revealed, JLL predicts that the total investment for the year could surpass the £13.8bn recorded in 2021 ...

Shoosmiths LLP | July 2017

  A successful appeal against a remediation notice has highlighted the difficulties faced by local authorities when trying to secure the remediation of contaminated land. The appeal is only the second appeal to the Secretary of State for Environment, Food and Rural Affairs (SoS) since the contaminated land regime in Part 2A of the Environmental Protection Act 1990 was implemented in 2000 ...

Shoosmiths LLP | March 2022

A summary of the visa concessions open to Ukrainian nationals and their family members. The UK’s initial response to help Ukrainian citizens affected by the Russian military invasion was somewhat underwhelming, limiting the aid offered to immediate family members of British citizens and offering concessions for Ukrainian citizens already in the UK.  Now the Home Secretary has announced a second phase of support measures available to those fleeing the conflict ...

Shoosmiths LLP | April 2022

The government have introduced various visa concessions for Ukrainian citizens affected by the conflict. Legal director of immigration, Rachel Harvey and Pavan Sumal, associate specialising in immigration law discuss the routes available and what you can do to assist. In country options Concessions are available for those who were in the UK at the start of the conflict ...

Shoosmiths LLP | March 2023

This year will mark four years since the UK Jurisdictional Taskforce (UKJT) published its legal statement on crypto assets and smart contracts. This statement was subsequently cited with approval by the English courts holding that cryptoassets can constitute property and can therefore be the subject of proprietary legal remedies and was referred to in the seminal case of AA v Persons Unknown & Ors, Re Bitcoin [2019] EWHC 3556 (Comm) (13 December 2019) ...

Shoosmiths LLP | January 2023

FinTech is important to the financial services sector in both India and the UK. A trade agreement could facilitate FinTech growth and deepen trade between the two countries. Kiran Desai, Head of Shoosmiths Brussels is joined by colleague Prakash Kerai to host Prashanth Ramdas of Khaitan & Co ...

Shoosmiths LLP | October 2023

The UK's recent advancements in AI governance have included the publication of an initial review by the UK's Competition and Markets Authority (CMA) regarding AI foundation models. The country’s antitrust watchdog has taken the lead in shaping certain principles, recognising the need to harness AI’s potential while avoiding the pitfalls of unchecked power in the hands of a few tech companies, at the expense of broader competition ...

Shoosmiths LLP | July 2022

‘We want to take back control’ was a common refrain during the Brexit debates prior to the vote, and since remains a mantra of the UK government. Recent views expressed by the UK government raise the question of what is meant by ‘we’. Across the Atlantic, the United States has a clear expression in its constitution – ‘We the People’ ...

Shoosmiths LLP | January 2023

On 14 December 2022, following a campaign by the Royal Yachting Association, the UK Government confirmed that it would not be implementing changes to HMRC policy to enable UK residents that purchased (EU) VAT paid UK vessels located in the EU prior to the end of the Brexit transition period (31 December 2020) to bring these vessels back into the UK without incurring a second (UK) VAT charge ...

Shoosmiths LLP | November 2022

On 3 October 2022 the Environment Secretary (‘ES’), Ranil Jayawardena, announced proposals to raise the maximum civil penalty for water companies who pollute the environment by 1,000-fold, from £250,000 to a proposed £250 million.  The proposals are subject to consultation, but if they are implemented, it is hoped they would help to prevent water companies from causing serious polluting incidents and preserve public and environmental health for future generations ...

Shoosmiths LLP | March 2022

We take a look at the options open for Ukrainian nationals fleeing to come to the UK and what you can do to help. The requirements for each are summarised below: 1. Ukraine Family Scheme This allows the family members of British citizens, people who are settled in the UK, people who hold pre-settled status in the UK under Appendix EU or people with refugee status or humanitarian protection to join their family members in the UK ...

Shoosmiths LLP | June 2023

The UK now has one publicly accessible charge point for every 11.2 Battery Electric Vehicles (BEV) on the road, having seen a remarkable 70% jump in charge points over the past year. The figures, utilised in the calculation of the Electric Vehicle Country Attractiveness (EVCA) Index developed by Cornwall Insight and law firm Shoosmiths, demonstrate the substantial impact of the government's ongoing efforts to expand the charging infrastructure network ...

Shoosmiths LLP | January 2021

This article looks at trends, including the response to COVID-19, which we expect to impact the mid-market in 2021. Last year we gave COVID-19 a quick mention in our ‘look at the year ahead’. Nobody foresaw the impact it would have. As the market enters a new year, there remains the uncertainty that we’ve grown familiar with ...

Shoosmiths LLP | January 2024

This article looks at current trends in UK mid-market debt finance and what we anticipate for 2024. Businesses have faced a perfect storm of challenges in the last twelve months: slow economic growth, rising interest rates, geopolitical unrest and struggles to curb inflation. Despite all that, Q4 of 2023 was a busy one, with a definite uptick in new deals off the back of more positive economic news towards the end of the year ...

Shoosmiths LLP | January 2023

This article looks at current trends and influences and how we expect them to impact the market in 2023. Whilst the market rebounded tremendously following COVID-19, it is now facing fresh challenges with rising interest rates, inflation and increased regulation featuring heavily on board room agendas. It was a slower end to 2022 compared to last year, but this unrest will no doubt present opportunities (as well as risks) in the coming year for lenders and businesses alike ...

Shoosmiths LLP | May 2023

The UK government has proposed legislation (Digital Markets, Competition and Consumers Bill - Parliamentary Bills - UK Parliament) that would materially affect merger control for transactions. This comment addresses the proposed changes that would be of concern to those engaged in mergers affecting local markets ...

Shoosmiths LLP | April 2018

The Department for Digital, Culture, Media and Sport (DCMS) has published the Creative Industries Sector Deal aimed at making the UK the best place in the world for businesses in the creative industries. This is the latest sector deal to flow from the government's Industrial Strategy White Paper after sector deals for life sciences and the automotive industry were announced in late 2017/early 2018, respectively ...

Shoosmiths LLP | June 2023

As global regulators continue to grapple with the challenges of developing and implementing effective Artificial Intelligence (AI) regulation, and with AI sitting high on the agenda for Rishi Sunak’s meeting this week with President Biden, the UK Government has announced that it will be hosting a global AI Summit later this year ...

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 ...

Shoosmiths LLP | May 2023

As we gear up for the UK Covid-19 Inquiry’s first full public hearing on 13 June, here is a reminder of what has been covered to date, followed by a list of issues to be covered within the scope of the first (Module 1) investigation. Inquiry to date the Inquiry was formally established by the Chair (Baroness Heather Hallett) on 28 June 2022, at which time the final Terms of Reference were published by the Government (UK COVID-19 Inquiry: terms of reference - GOV.UK (www.gov ...

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