Out-Law from Pinsent Masons: Recent Episodes
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“Baseline” cybersecurity requirements will be imposed on all companies licensed to operate in the downstream gas and electricity (DGE) market in Britain, the UK government and Britain’s energy regulator have decided as part of wider plans to raise “cyber resilience” in the DGE system.
The Hong Kong Special Administrative Region (SAR) has long been admired for its ability to carry out large and complex infrastructure projects with a level of reliability that few places can match.
New regulation represents a substantial evolution in the UAE's prudential framework and brings the Central Bank of the UAE's (CBUAE) expectations closer to leading international approaches to operational resilience and operational risk management, experts have said.
Some Australian companies can expect their employment costs to rise after a recent Fair Work Commission (FWC) decision confirmed that superannuation may be payable to workers on long service leave under an industry scheme.
A new consultation has been launched on proposed amendments to the regulatory framework governing business transfer schemes in the Abu Dhabi Global Market (ADGM).
Gambling operators across Britain should take a fresh look at their anti-money laundering (AML) and counter-terrorist financing (CTF) frameworks amid increasing regulatory scrutiny of financial crime across the sector, experts have said.
Asset management and alternatives firms should review their approaches to handling financial crime risks after the UK’s financial services watchdog shared its findings from a review of their business models and control practices, experts have warned.
The UK government has published a long-awaited review of disclosure and fraud offences, setting out an ambitious package of reforms designed to address the growing problem of fraud, in particular online fraud.
Fresh proposals aimed at encouraging the development and operation of district heating networks in Ireland have been published by the Irish government.
Uncertainty over how AI will impact on software business models is making tech investors and consolidators cautious about closing new deals and wary about holding onto existing stakes too long.
A recent ruling by the High Court of England and Wales on disclosure of communications relating to the instruction of private investigators will have a welcome impact for fraud cases, according to experts.
Fresh from a dominant performance at the Glasgow 2026 Commonwealth Games, Australia now turns its attention back to the bigger prize: delivering a successful home Olympic Games in Brisbane in 2032.
Anthony Convery tells HRNews how employers are preparing now for the new trade union workplace access rights coming into force on 30 October 2026.
The Financial Conduct Authority's (FCA) publication of a comprehensive framework for regulated cryptoasset activities marks a pivotal moment in the development of the UK's cryptoasset sector ahead of the regime's implementation on 25 October 2027.
A new national AI framework aims to spur next-generation data centre job creation, but it will also require operators and employers to re-examine their enterprise-level agreements, workforce planning frameworks, skills shortages and training obligations.
AI agents carried out “unprompted” cyber attacks on “real people and organisations” when being tested by the UK’s AI Security Institute, the body has confirmed.
Employers in Qatar should prepare for a more regulated and actively enforced employment landscape following recent amendments to the country’s labour laws.
Healthcare providers, care businesses and investors should begin preparing for the long-term implications of sector-wide collective bargaining after the UK government confirmed how a new fair pay agreement (FPA) for adult social care in England will operate.
The use of third-party funding (TPF) has seen significant growth in international arbitration, both in Singapore and globally.
A judiciary-led working group is preparing reforms to the disclosure regime governing commercial litigation in England and Wales after a survey of legal sector stakeholders revealed widespread dissatisfaction with the current system.
The UK government has opened a consultation that looks to introduce significant reforms to the UK's equal pay framework.
A sharp spike in racist abuse online during the 2026 World Cup has highlighted the need for key brands to take protective action in the wake of regulatory failures, according to an expert.
The most significant overhaul of the workers' compensation regime in a generation took effect in New South Wales (NSW) on 1 July.
The New South Wales Court of Appeal has provided recent guidance as to service of adjudication applications in Western Australia under the state’s security of payment legislation.
Bond calls are not unusual, including in Saudi Arabia, and they can create significant challenges for contractors and subcontractors. Preparing and acting early can however substantially improve parties’ prospects of obtaining meaningful relief.
The speed with which the latest AI models can expose cyber vulnerabilities requires financial services firms to move quickly to enhance the way they prevent, detect and manage cyber risks arising from such ‘frontier AI’, EU regulators have said.
The launch of a new public consultation in Ireland marks another important step in the modernisation of the country’s private funds and investment structures framework.
Shipping industry companies should take the chance to reflect on new safety guidance to avoid potential regulatory headaches in future, an expert has warned.
The Central Bank of Ireland (Central Bank) has published the findings of its thematic review of delegation practices in the Irish funds sector, setting out its supervisory expectations and identifying areas where fund management companies (FMCs) should strengthen their governance, oversight and control frameworks.
Saudi Arabia's updated anti-money laundering (AML) implementing regulations provide much greater operational detail for firms on how AML controls are expected to work in practice, particularly in relation to customer onboarding, beneficial ownership verification, wire transfers, group-wide compliance programmes and digital payment services, experts have said.
UK courts asked to deviate from judgments issued in group litigation order (GLO) test cases must consider current law, not the law in place at the time of the test case ruling, when determining whether to do so – even if that means similar claims within the scope of a GLO are decided differently, according to the UK Supreme Court.
There is an emerging trend of Chinese companies winning the right to enforce judgments issued in China in the UK, experts have said.
Businesses operating in Germany should review their exposure to updated product liability requirements set to take effect in December, experts have said.
A recent determination by the UK Pensions Ombudsman (PO) confirms that where there are multiple beneficiaries following the death of a member, it is reasonable for the providers to disinvest the pension fund on first instruction from a beneficiary to ensure the beneficiaries receive correct shares and are protected against market fluctuations affecting allocations between beneficiaries.
As the country tightens its rules on data centres, developers who secure water and power assets early on will be best positioned to benefit from the next generation of data centre growth.
Recent changes to labour regulation in Egypt represent a decisive shift in how the Egyptian state understands work, workers, and the modern workplace.
The Irish government has finalised the terms and conditions for the sixth round of its renewable electricity support scheme (RESS 6).
Private market funds in developing countries play an important role in providing capital but can face challenges in fundraising and in realising timely exits for investors, so can struggle to demonstrate their capacity to earn returns for investors.
Saudi Arabia has approved a new General Education Law under Royal Decree, representing one of the most significant reforms of the Kingdom's education sector in decades.
The legal and economic foundations of ‘class action’-style competition claims are being tested with increased vigour in the UK.
The recent announcement of a 200% tariff by the US on some of the most widely used drugs and medicinal products has, understandably, caused concern and confusion in the pharmaceutical industry.
High demand for special computer chips capable of supporting AI use is impacting on distribution procurement and pricing models, forcing distributors and their customers to respond to legal and contractual issues associated with them.
With attention returning to domestic soccer after the World Cup, the focus for many organisations and observers will be what big moves are expected to take place before the summer transfer window closes at the end of August.
There has been a recent ‘uptick’ of injunction applications seeking to restrain principals, the owners of major projects, from having recourse to performance security throughout Australia.
The UAE is rapidly moving from a jurisdiction with aspirational smart mobility policies to one with substantive, enforceable regulatory frameworks - and the pace of change is accelerating.
South Africa’s freight rail sector is undergoing its most consequential structural transformation in decades with changes to the rolling stock acceptance framework requiring attention from train operators.
The principles of open justice and business sensitivity and confidentiality present a recurring challenge in commercial litigation.
The UAE’s Civil Transactions Law will influence how courts review evidence, pricing decisions and agreement outcomes when disputes arise.
The latest research from the Grantham Institute shows once again that climate litigation is now an established feature of the risk landscape for businesses, across a wide range of sectors and industries.
The evolution of South Africa’s renewable energy market is creating opportunity for developers, contractors and investors, but also increases the risk of claims and disputes.
Financial institutions operating in Ireland will now need to carefully assess their procedures after the country confirmed its full implementation of the EU’s latest capital requirements directive.
When companies face financial distress, directors’ responsibilities can quickly change, potentially exposing them to personal liability and even penalties.
A recent decision by the High Court of England and Wales highlights the inherent risks involved in adapting scheme precedent documentation and that compelling evidence remains the foundation of successful pension rectification claims.
A recent landmark decision by France’s supreme court, the Cour de cassation, has provided the clearest guidance yet on contractual protections for vulnerable people since legislation was reformed a decade ago.
Navigating employment across the Middle East requires more than a surface-level understanding of regional labour laws.
The new climate framework established by the UAE’s Central Bank marks a clear shift for UAE banks and insurers from climate risk as a policy concern to a prudential governance issue.
Article 30 of the 2026 International Chamber of Commerce (ICC) Arbitration Rules introduces a notable procedural innovation, formally codifying the power of arbitral tribunals to determine claims and defences at an early stage where they are manifestly without merit or manifestly outside the tribunal's jurisdiction.
A recent ruling by the High Court in London on fraudulent breach of warranty claims has reaffirmed that fraud requires conscious dishonesty on the part of an identifiable individual – and inference is not enough.
The Kingdom of Saudi Arabia’s (KSA) employment landscape continues to evolve at pace, with recent amendments to the Labour Law, increased digitalisation of employment administration and a growing awareness among employees of their statutory rights growing the risk profile for employers operating in the Kingdom.
Sports organisations can no longer treat online fan engagement as a purely communications activity.
A decision by the Supreme Court of New South Wales has opened the door for administrators to protect a company’s trading resources from Australian Tax Office (ATO) notices whilst in voluntary administration.
A freezing order is a court order which prevents a party from disposing of or dealing with its assets. It is therefore an essential tool for those looking to protect assets to ensure those assets are available to satisfy a court order.
Plans to reform the legal framework around standard-essential patents (SEPs) have been withdrawn by the European Commission after EU law makers failed to reach consensus on the changes it had proposed.
The UK’s Financial Conduct Authority has highlighted the importance of workplace culture in driving conduct and decision-making for the benefit of consumers, the economy and markets in the sector.
The rejection of anti-corruption legislation in South Africa is a disappointing development for an area in much need of reform, an expert has said.
Higher education providers across England must be aware of and plan for upcoming regulatory changes aimed at protecting students as ‘consumers’ of their services, an expert has said.
The new filing threshold introduced by the new UAE Federal Competition law implementing regulations will help maintain a level playing field for all market participants, an expert has said.
Rebecca Stephen tells HRNews about forthcoming legislation banning the use of NDAs in cases of sexual misconduct, bullying and harassment in higher education.
Christina Bowyer tells HRNews about how a review of board effectiveness can help pension scheme trustees in the UK meet TPR’s EDI aspirations.
Amy Hextell tells HRNews about the role of technology in improving disability inclusion in UK workplaces for neurodiverse employees.
Occupational pension schemes should be aware of the potentially significant implications of UK Financial Conduct Authority (FCA) proposals for “targeted support” for pensions.
Commercial opportunities for businesses developing and deploying artificial intelligence (AI) systems, as well as for those building the infrastructure to underpin AI use, will emerge from the ‘pro AI adoption’ approach confirmed by policymakers at this week’s AI action summit in Paris.
Attracting private investment for new and existing healthcare infrastructure requires lessons to be learned from the way some PFI contracts have been operated in the past, experts have said.
The Committee of Advertising Practice’s (CAP) update regarding media restrictions on advertisements for “less healthy” food and drinks products reveals the complexity of the issues to be considered by stakeholders, an expert has said.
A recent report by a UK parliamentary committee highlights significant concerns with the UK Financial Conduct Authority’s (FCA) proposals to change its approach to publicising enforcement investigations, experts have said.
The Hong Kong Special Administrative Region (SAR) remains at the forefront of international arbitration innovation with the Hong Kong International Arbitration Centre’s (HKIAC) latest administered arbitration rules and new case law on several important practical issues, such as insolvency and arbitration, interim order enforceability, jurisdiction of the tribunal, and challenging the tribunal for apparent bias.
Significant reforms were introduced to modernise and refine India’s arbitration landscape in 2024, underscoring the country’s commitment to enhancing its dispute resolution mechanisms.
Australia is gaining a growing reputation as a seat and venue for international arbitration. Its pro-arbitration stance has been reinforced by several recent court rulings, while the scope and complexity of arbitration have also increased with case law.
A recently launched consultation seeks to lay the groundwork for the launch of commercial variable recurring payments (cVPRs) method across the UK, ensuring that there are no material errors or deficiencies in the documents underpinning this innovative payment product.
Initial elements of the Economic Crime and Corporate Transparency Act (ECCTA) were implemented last year with businesses urged to increase their understanding of the Act ahead of further obligations expected to come into force from this spring.
A group advising the UK government on when the settlement cycle for securities transactions should be shortened has proposed that the formal migration to a ‘T+1’ model should take effect on 11 October 2027.
A recent Supreme Court decision dealing with allegations of unauthorised credit servicing provides helpful insight into how the Irish courts will address claims of this nature, an expert has said.
Businesses involved in internal restructuring in South Africa will have to carefully consider the circumstances in which a merger notification may be required, as the South African Competition Commission has published draft guidelines clarifying these “limited and narrow” circumstances.
Boardroom executives that focus on the realities of climate change and align strategic decision-making in 2025 with those realities will avoid being distracted from positioning their business for sustainable profitability over the long-term, experts have recommended.
Businesses establishing themselves or expanding their presence into Saudi Arabia must be aware of their rights and restrictions under a commercial lease, such as the right to renew or assign rights to an affiliate company.
Businesses are opening themselves up to potential legal risks through the detailed disclosure of their double materiality assessments (DMAs), experts have said.
The likely removal of controversial subcontractor monitoring obligations from proposed regulatory technical standards (RTS) under the EU’s Digital Operational Resilience Act (DORA) will be welcomed by financial institutions, but regulators must take care to consider how their removal could impact on other requirements they are proposing.
Pension schemes across the UK should consider how the Pensions Ombudsman’s (PO) recent reflections on operational changes over the past year will affect them, particularly considering how their internal complaints handling processes may need to evolve.
A major study is exploring how businesses around the world are using artificial intelligence (AI) tools to deliver infrastructure and real estate projects – as well as industry expectations over future use.
Insurers are likely to be better placed to price cyber insurance policies now that a new and more transparent system for categorising those incidents has been developed, an expert in cyber risk has said.
The Queensland planning regime for windfarms has been amended by the state government, delivering the first stage of the Crisafulli government’s election commitment.
The AI action summit in Paris will not yield the single global rulebook for deploying artificial intelligence (AI) systems that businesses desire – but it will help them better understand the different ways that policymakers and regulators around the world view AI governance and inform their approach to AI adoption in individual markets.
Proposals designed to scale-up nuclear power generation in England – including making it easier for small modular reactors (SMRs) to be developed – have been published by the UK government, alongside confirmation that it sees new nuclear power capacity as critical to delivering UK economic growth and the government’s clean energy mission.
A recent Court of Appeal decision has brought significant clarity to the requirements for bringing a bankruptcy petition in England and Wales, concluding that simply possessing a foreign judgment is not sufficient grounds for initiating such a petition.
As UK organisations work to implement the steps needed to meet their new duty to prevent sexual harassment of their workers, many are already seeing an increase in reports of this type of behaviour following extensive media coverage on the topic.
Universities across the UK should ensure understanding of climate transition plans (CTPs) ahead of potential mandatory sustainability disclosure standards, experts have said.
Zoe Betts tells HRNews about conducting risk assessments and where responsibility for them lies within the business.
Alex Wright tells HRNews about the latest extension to the ETA rollout with effect from 7 January 2025 and how it affects employers.
Christina Bowyer and Kieron O’Reilly explain how both governing bodies and employers can improve EDI for the benefit of pension schemes.
A number of recent UK First-tier Tribunal (FTT) rulings highlight the importance of following the tribunal’s rules, in particular to provide the documentation required in appeals against The Pensions Regulator, an expert has said.
Concerns are continuing to be raised about higher education providers in England facing delays in their applications for registration, degree awarding powers and university titles while sector regulator the Office for Students (OfS) pauses some registration functions to focus on financial sustainability issues in higher education.
A new ruling could have significant implications for the strategies businesses deploy to enforce patent rights across Europe, experts in patent litigation have said.
UK employers sponsoring skilled workers need to be aware of recent changes regarding the sponsorship-related costs they are allowed to claw back from those workers.
A recent England and Wales High Court ruling in trade mark proceedings will impact how retail and consumer goods manufacturers seek to protect their brands and designs through position trade mark registrations.
Businesses that produce, import or distribute lithium-ion batteries for use with e-bikes in the UK will have to ensure their batteries meet legal safety requirements, as the Office for Product Safety and Standards (OPSS) considers how to tackle product safety risks in this increasingly important area.
Pharmacies operating in Britain will have to verify information provided by patients online before supplying certain medicines in future, under new guidelines outlined by a regulator.
The UK’s Competition and Markets Authority (CMA) is ramping up the use of its new digital markets competition regime, launching designation investigations into the mobile ecosystems of two technology companies and proposing two further investigations into other tech firms concerning their supply of cloud services.
Pharmaceutical companies cannot obtain UK supplementary protection certificates (SPCs) for medicinal products for which a second medical use has been found where those products have already been the subject of a marketing authorisation issued by regulators, the Court of Appeal in England and Wales has confirmed.
Boardroom executives should undertake detailed scenario planning, to inform how best to protect the interests of their businesses in the short-, medium-, and long-term, in the face of global trade wars, an expert in international trade has said.
The UK’s sweeping planning reforms are welcome but will not on their own be enough to achieve the government’s aims, says Robbie Owen; and Katie Hancock tells us which elements of forever chemicals class actions in the US might make it to UK courts.
A renewed focus on the potentially transformative effect of cell and gene therapies (CGTs) will help businesses developing such treatments to attract investment and persuade policymakers to affect reforms that help them bring those products to market globally, an expert has said.
Both the UK government and the UK’s workplace health and safety regulator have said they want to help improve workplace mental health. The construction industry is expected to play its part in this and to take steps to prevent work-related stress, depression and anxiety, or face the growing threat of enforcement action.
A “remarkable” increase in new cases drove a transformational year for institutional arbitration in India.
The UK government’s ongoing pension investment review is seeking to increase the level of pension fund investment into UK opportunities. The upcoming reforms proposing further consolidation of UK pension funds would certainly result in greater in-house expertise and resources and would enable pension funds to more readily source, diligence and manage local investments within the UK.
The local government pension scheme in England and Wales (LGPS) is already a committed investor in projects which support local growth, with around 5% of LGPS assets estimated to be allocated to such projects, but the UK government is looking for it to provide an even bigger catalyst for growth in future.
Defining local investment, clarifying how supporting UK growth can be achieved alongside fidicuiary duties, and changing the way success should be measured, are the three main issues the UK government must clarify to achieve the aim of its ongoing pensions investment review, to increase the level of pension fund investment within the UK.
Greater collaboration between bodies and initiatives aimed at driving growth in the UK economy and the pensions industry could help the UK government achieve its objective of making UK pension fund investment more UK-centric.
A pro-enforcement regime indicates the Kingdom of Saudi Arabia (KSA) is becoming an increasingly attractive place for international arbitration.
In a landmark case for the New South Wales construction industry, the Australian High Court has ruled that developers and head contractors cannot rely on the proportionate liability defence under the Civil Liability Act 2002 (NSW) with respect to their statutory ‘non-delegable’ duty of care owed to building owners under the Design and Building Practitioners Act 2020 NSW (DBP Act).
New developments in discrimination law, industrial relations, privacy and underpayments will be challenges to navigate.
The UK government’s initiative to target a minimum size for multi-employer defined contribution (DC) pension schemes and to consolidate local government pensions funds into eight “megafunds” will seeresult in important changes that everyone across the pensions industry has a role to play in, an expert has said.
The South African Department of Communications & Digital Technologies has published a consultation that could lead to an AI regulatory regime in the near future.
The UK’s nuclear industry regulator, the Office for Nuclear Regulation (ONR), has confirmed that nuclear site health and safety (NSHS) incidents have continued to increase, and it remains an area of regulatory priority for the coming year.
Businesses should get greater clarity on whether their software falls within the scope of the EU’s AI Act – and whether their uses of it will be prohibited under the legislation – from a new consultation exercise that has opened, an expert has said.
What businesses need to do to obtain a preliminary injunction before the Unified Patent Court (UPC) – or successfully oppose an application for one – has become clearer as a result of the court’s handling of cases that have come before it in the first almost 18 months of its operation.
More needs to be done to ensure diversity of arbitrator appointments across Africa, according to the recently published 2024 SOAS Arbitration in Africa Survey Report.
A decision at the 29th Conference of the Parties (COP29) climate summit on new international standards for carbon markets is a significant step towards enhancing the stability and integrity of the carbon credits market and will enable investment in climate action projects, experts have said.
Businesses with experience of third-party litigation funding (TPF) in England and Wales have the chance to respond to a government-backed consultation and help shape the future regulation of this market.
Taiwan has committed to change the way it operates and implements its offshore wind allocation rounds in future to address concerns that the terms it applies are discriminatory and breach the country’s obligations under international trade agreements, the EU has said.
Stuart Neilson tells HRNews about the swathe of challenges which lie ahead for the UK’s construction sector as it adapts to the Employment Rights Bill.
Businesses must be specific about the goods and services they wish to obtain trade mark rights for when applying for those rights, if they want to avoid those applications being refused, according to a new ruling by the UK’s highest court.
New UK government proposals to amend merger control rules that apply to media companies recognise that technology-driven changes have led to news being increasingly disseminated and consumed online, an expert has said.
The ineffectiveness of the actions of the Church of England to stop abuse by John Smyth demonstrate the importance of prompt, full investigations whenever safeguarding concerns are raised, an expert has said.
Increasing US regulatory instability following Donald Trump’s US election victory may make the EU a more attractive place for technology investment and innovation, an expert has said.
Trade wars could break-out if newly elected US president Donald Trump follows through on plans to increase tariffs and implement trade-restrictive measures with a view to safeguarding US industries and jobs from global competition, according to an expert in international trade law.
Over the past few months, we have seen an increase in the conflict of rights around the use of land, with the law in South Africa designating special protections around use of land rich with minerals and petroleum resources. Navigating that law can be challenging and requires careful consideration and strategic planning by developers.
A new body to be tasked with investigating and prosecuting “grand corruption” in South Africa is to be established under a draft law introduced into the country’s parliament.
Significant changes to the taxation of carried interest, announced by UK chancellor Rachel Reeves in her recent Budget, are set to reshape the landscape for fund managers and their compensation structures.
Donald Trump’s business policies are radical and in some cases untested. Our experts analyse the impact on world trade, climate policy and other areas where Trump’s ideas will have a significant impact.
Developers, procurers and deployers of artificial intelligence (AI) tools should have a good understanding of the intellectual property (IP) uncertainties and risks and how they can be navigated to ensure the investment in AI and its potential can be fully realised.
The UK may look to follow the lead of the US in introducing a whistleblowing ward scheme in a bid to combat corporate crime.
A new precedential ruling procedure has been introduced for mass claims before the German Federal Court of Justice, to relieve the burden on the courts and speed up proceedings.
The anticipated roll back of climate law and regulation in the US could cause a compliance issue for businesses active on both sides of the Atlantic in relation to the collection and reporting of ESG-related data, an expert has said.
New Prudential Regulation Authority (PRA) and Financial Conduct Authority (FCA) guidance sets out the regulators’ expectations on interpreting key concepts relevant to change in control.
Donald Trump’s next administration can ensure the US remains pioneering in delivering innovative new healthcare treatments by following through on its plans to reduce regulation, but other proposed funding cuts could create a two-tier healthcare system detrimental to women’s health outcomes, an expert has said.
Despite artificial intelligence (AI) making significant inroads in the legal sector, with 82% of lawyers now using or planning to use the technology, it is clear that it is no substitute for human expertise.
A recent ruling has confirmed the Court of Justice of the European Union’s (CJEU) broad approach to the lawfulness of jurisdiction clauses applied to member states.
Farmers in England are to get increased funding to help them deal with the impact of flooding, but they face regulatory risks when excess water sits on their land, an expert has said.
The ‘construction mafia’ in South Africa is a rising concern with the group continuing to make use of a range of disruptive tactics to extort contractors.
Ireland is utilising digital advancements to amend and improve immigration, visa and border measures as well as altering the way in which employment permits are applied for and granted.
A new report from the UK government highlights the steps it needs to take to facilitate significant expansion of the market for artificial intelligence (AI) assurance, which is projected to grow six-fold to reach £6.5 billion by 2035.
The way in which business is conducted within the EU will change fundamentally following the approval of the new value added tax (VAT) rules by the European Council, legal experts have said.
The unexpected controversy surrounding the trophies for the recent 2024 Formula 1 US Grand Prix in Austin, Texas, underscores the importance of intellectual property in high-profile sporting events, a legal expert has said.
A recent Irish High Court judgment reaffirms how important it is for a defendant to be transparent when seeking security for its costs, an expert has said.
Two survivors of the Manchester Arena bombings have won a High Court harassment case against a conspiracy theorist who claimed that the attack was “staged”. The ruling sets a precedent for holding individuals who spread misinformation under the guise of journalism to account, according to a legal expert.
New investment opportunities can be expected in Ireland’s renewable and waste energy sectors, as the Irish government has approved proposals to develop nationwide district heating networks using low-carbon heat sources such as waste facilities and data centres.
State intervention is necessary to plug gaps in insurance coverage that insurers are willing to offer in Ukraine to encourage the level of private sector investment needed for rebuilding the country.
Brand owners and rival businesses alike stand to obtain crucial guidance pertaining to trade mark registration in the UK when the UK Supreme Court hands down its judgment in a seminal case involving UK media giant Sky and US technology provider SkyKick, an expert has said.
A recent ruling by the High Court in London shows how secondary evidence might influence the outcome of disputes over whether patents for new advanced therapy medicinal products (ATMPs), such as cell and gene therapies, are valid, an expert in life sciences patent litigation has said.
Recently implemented legislation in the Kingdom of Saudi Arabia (KSA) is expected to encourage investment in its energy transition.
Video-sharing platforms headquartered in Ireland now have legal obligations to protect users, especially children, from harmful video and content, as the Irish online media regulator, Coimisiún na Meán (the Commission), has adopted the finalised Online Safety Code, promising to end “the era of social media self-regulation”.
China’s ‘belt and road initiative’ (BRI) aims for ‘small and beautiful’ infrastructure projects as it enters its next phase of development.
It is possible for a clean power system to be operational in Britain by 2030, according to independent analysis published by the country’s National Energy System Operator (NESO), though experts said its report has laid bare the scale of the challenge – and investment needed – to deliver it.
Stuart Neilson tells HRNews about the likely impact of the changes to zero hours contracts set out in the Employment Rights Bill.
Chris Thomas tells HRNews about how salary sacrifice, especially pension contributions, can save employers NICs costs post-Budget.
Sarah Munro tells HRNews about the trend towards specialist-led investigations into workplace harassment complaints.
A recent ruling has shown that entitlement to relief under the Australian Consumer Law (ACL) could be used as a defence in construction cases seeking to recover statutory debts arising from Western Australia’s (WA) security of payment legislation.
The long-awaited guidance for the new corporate criminal offence of “failure to prevent fraud” has been published by the UK government, marking a significant step in the ongoing efforts to combat economic crime.
A recent Paris Court of Appeal ruling ordering a blanket blocking of several pornographic websites underscores the growing concerns over child protection in the digital age, an expert has said.
There is a presumption in South Africa that ministerial consent to develop land that offers access to the country’s rich minerals and petroleum resources is required by renewables developers, but that is not necessarily the case.
The changes to inheritance tax announced in chancellor Rachel Reeves’ autumn budget mean more agricultural land becomes available for renewable energy projects across the UK, an expert has said.
The UK government has announced an increase in the rates of the soft drinks industry levy (SDIL), in a significant move to combat obesity and promote healthier lifestyles.
Businesses across sectors need more clarity from the UK government on the changes they will be expected to make within their operations, and around their duties to disclose that activity, to help the country achieve its climate targets, an expert has said.
Issues of patent infringement have arisen with increasing frequency in Ireland over the past five years, particularly in the pharmaceutical sector, with the High Court and the Court of Appeal having issued several preliminary injunction decisions concerning pharmaceutical patents.
The maximum level of tuition fees that universities in England can charge domestic undergraduate students is to rise next year, from £9,250 to £9,535. It will be the first time the tuition fees cap has increased since 2017.
Online service providers in scope of the UK’s Online Safety Act (OSA) should get ahead and prepare to conduct an illegal content risk assessment to ensure they do not fall foul of Ofcom’s enforcement powers, an expert has said.
Prospective developers of the Tonn Nua offshore wind project in Ireland will want more clarity over potential costs and liabilities that could arise in relation to obtaining a grid connection before bidding to deliver the project, an expert in renewables projects has said.
This week’s UK Budget included a number of NHS-focused boosts such as a £22.6 billion increase in the healthcare services’ day-to-day spending, but failed to address the issue of looking after vulnerable people, an expert has said.
Data suggests that there is a lack of biosimilar medicines in development which would otherwise be predicted to launch in the years ahead. Market analysts believe this potential deficit constitutes a risk to patient access to affordable innovative treatments.
Recent rulings in the UAE have upheld the enforceability of arbitration agreements stemming from the former DIFC-LCIA Arbitration Centre (DIFC-LCIA).
Case law developed in England and Wales could inform how disputes over whether and how claims for penalties, or liquidated damages, are resolved in South Africa where contractual clauses addressing the matter are unclear.
International businesses operating in China face unique challenges – in navigating the enormous web of policies and regulations; in being practical and competitive but compliant; and in understanding how and where risks arise, and their consequences, and finding ways to manage them.
The federal government’s recent update to Australia’s Consumer Data Right (CDR) builds on recent changes to the regime and further demonstrates its view of the CDR as a critical part of the country’s digital infrastructure.
Victoria’s security of payment legislation could soon see extensive reform the state government has indicated, in its response to a parliamentary inquiry into refusals to pay construction industry sub-contractors for completed works.
The tax rate for carried interest will increase from 28% to 32% from April 2025 pending full reform of the regime, Rachel Reeves, the chancellor of the exchequer, announced during today’s Budget.
The precise model that the UK government will use to catalyse private investment in infrastructure projects has still to be clarified, despite confirmation of the role for private finance in improving UK infrastructure arising from the Budget announcement, an expert has said.
The main rate of employers’ National Insurance contributions will increase from 13.8% to 15% from April 2025, the UK’s chancellor of the exchequer has announced.
Businesses and recruitment agencies should review labour supply arrangements with umbrella companies, and increase due diligence controls and contractual safeguards when engaging with umbrellas, before new rules combatting tax non-compliance are introduced, a tax expert has said.
The government has announced a comprehensive review aimed at identifying and overcoming the barriers to adoption of transformative technologies, in a significant move to enhance the UK’s technological landscape.
UK employers have been urged to review their position after an increase to the national minimum wage (NMW) was announced.
The confirmation of tax relief for payments made into carbon capture usage and storage (CCUS) decommissioning funds may help soften some of the blow that companies in the industry will feel from other changes to the energy profit levy (EPL) announced in the UK Budget on Wednesday, a tax expert has said.
UPDATED: Investment fund managers in Ireland have options for navigating the uncertainty caused by the guidelines on fund names issued by an EU supervisory authority in the summer.
The introduction of a new UK carbon border adjustment mechanism (CBAM) can protect British businesses from unfair overseas competition arising from a lack of climate-related tax and regulation in those jurisdictions but is nevertheless likely to result in some “trade friction”, a trade and subsidy control expert has said.
The European Law Institute’s (ELI) principles for third-party funding (TPF) of litigation provide insights into five main areas specific to international arbitration proceedings involving third-party funders, a legal expert has said.
The UK food and beverage sector is currently navigating a dynamic political environment shaped by recent governmental changes and emerging policies providing both opportunities and challenges for firms.
Important questions of UK copyright law are set to be considered by the Court of Appeal in London next year in a case in which a dispute has arisen over intellectual property rights relating to AGA cookers.
Penny Simmons tells HRNews about HR’s role in ensuring UK businesses comply with the IR35 tax rules as HMRC ramps up investigations.
James Sullivan-Tailyour tells HRNews about the Investment Association’s long-awaited updated principles of remuneration.
Businesses have been urged to recognise the human impact that personal data breaches can have in the way they communicate with people affected by such incidents.
Aaron Goonrey tells HRNews about employees’ right to switch off which came into force in Australia in August.
Becoming a global hub for ‘transition finance’ – investment in projects supporting the transition to net zero emissions –could be a major opportunity for the UK, according to the findings of a government-commissioned review.
A bill which seeks to impose specific duties on employers to improve protections against violence and harassment, especially for women and girls, as part of their obligations to ensure workplace health safety and wellbeing is currently being considered by the UK parliament.
Ireland’s Commission for Regulation of Utilities (CRU) has recently published two pivotal decision papers outlining the grid connection rules for Phase 2 offshore wind projects.
Pension schemes and providers will welcome a new focus on tackling the historic backlog of complex cases as the UK’s Pensions Ombudsman (PO) continues to seek extra resources to swiftly and properly deal with timing and staffing issues, an expert has said.
Changes to the UK’s inheritance tax regime are likely to prompt a widespread re-evaluation of financial strategies by high net worth individuals, according to a pensions expert.
Following the acrimonious dissolution of the Bute House Agreement with the Scottish Green Party in May 2024, the SNP is now operating as a minority government in Scotland. This means the government requires the support of at least three MSPs from other parties to pass any legislation in Holyrood, and the most crucial test of this dynamic will be the forthcoming Scottish Budget.
Disabled employees are still seeing difficulties accessing equal pay or, in some circumstances, more senior roles due to an organisational lack of ability to deal with complex access needs.
Parties seeking to fund litigation or international arbitration in an EU member state through a third-party funder need to be aware of the principles set out by the European Law Institute (ELI), particularly the guidance on transparency, funders’ fees, control of the funded proceedings and capital adequacy.
A recent ruling by a court in Australia highlights the need for decisions pertaining to the making of, and failure to accept, settlement offers to be carefully considered on a case-by-case basis by construction companies in formal disputes, an expert has said.
Reforms designed to streamline the process for developers to obtain consent for major new energy infrastructure projects in Scotland have been opened to consultation.
The UK government can provide some solutions to the challenges businesses face in delivering ‘nationally significant infrastructure projects’ (NSIPs) quickly by implementing recommendations arising from a review carried out by a leading barrister, an infrastructure strategy and planning expert has said.
The Indian government has opened consultation on proposed amendments to arbitration legislation. The third round of proposed amendments since the Indian Arbitration Act was enacted in 1996, the amendments aim to better align the law with international standards.
Ireland is making changes to its merchant shipping law in a bid to provide a robust framework for investigating marine accidents and enhancing maritime safety. These changes are also set to provide greater regulatory certainty for the operators and owners of offshore service vessels.
A review of regulations governing liquidity management and leverage is likely to be considered by the Central Bank of Ireland (Central Bank) as it proceeds with plans for the development of a macroprudential framework for the investment funds sector.
Investment firms and other businesses regulated by the Central Bank of Ireland are set to obtain important guidance before the end of this year on the due diligence they will be expected to undertake, and on their management of conflicts of interest, when seeking to appoint senior managers.
Joint venture arrangements will be necessary to deliver projects at the heart of the UAE’s ambitious energy transition.
In Scotland, every premises licence is subject to mandatory conditions, including those related to drink promotions.
Firms regulated by the UK Financial Conduct Authority (FCA) must take reasonable steps to prevent sexual harassment of workers, ensuring robust systems are in place to deal with those cases as well as other non-financial misconduct, an expert has said.
The Irish Data Protection Commission (DPC) has fined LinkedIn for breaching the EU’s General Data Protection Regulation (GDPR) when processing personal data of its registered users for marketing and analytic purposes.
The landscape of self-driving vehicles in the EU and the UK is rapidly evolving, with Tesla recently announcing hopes to introduce full self-driving technology to European roads by early 2025.
Mining operators and service providers need to comply with the new ‘local content’ requirements in the Republic of Mali. Failure to do so will mean companies will not be able to participate in the West African country’s mining industry in the future.
Growing pressures on the UK government to address the social and economic costs of alcohol have the potential to result in additional regulation for hospitality and retail businesses in the years to come.
The Dubai International Arbitration Centre (DIAC) has been increasingly used by construction companies to resolve their disputes across the Middle East region, its latest annual report has shown.
New rules have been outlined in the UK to make it easier for innovative medicines to be made nearby to the patients that need them.
A recent UK Pension Ombudsman decision provides guidance on the extent to which trustees and providers can be expected to give members information beyond the statutory requirements.
Significant changes to data protection law have been proposed by the UK government, including to rules relevant to the use of AI systems in decision-making processes and to the use of data for the purposes of scientific research, as well as new rules aimed at liberalising data held by public sector organisations and businesses alike.
“Strengthened” legislation to establish an independent football regulator in England has been reintroduced into parliament, following the change of government in July, with clubs urged to prepare for the new regime.
A new UK law enforcing a duty on employers to proactively prevent sexual harassment in the workplace is expected to promote deeper-level changes in organisations, legal experts have said.
Ever evolving artificial intelligence (AI) technologies, automation, biometric recognition and other digital advancements are resulting in new and improved border security and immigration measures across the world.
There have been small, but positive, visible changes in gender pay gap (GPG) reporting from the technology, media and telecommunications (TMT) sector in the UK, with a number of companies taking positive steps to tackle pay and bonus discrepancies.
Digital advancement including artificial intelligence (AI), automation, and biometric recognition are at forefront of new border security and immigration measures in the UK.
Unregulated providers of will writing, online divorce and pre-paid probate services in the UK should ensure that they understand and comply with new guidance issued by the Competition and Markets Authority (CMA) on consumer protection obligations, as non-compliance risks are expected to be much higher under the Digital Markets, Competition and Consumers (DMCC) Act 2024.
The UK water regulatory system could be scrapped as the UK and Welsh government launches the largest review of the water sector in England and Wales since its privatisation in the 1980s.
A new ruling by the High Court in London suggests that a reasonable alternative reference rate to LIBOR can be read into ongoing long-term loan agreements that provided for interest owed on repayments to be calculated with reference to LIBOR, where there is dispute over the point.
A recent speech by a senior leader from the UK’s Financial Conduct Authority (FCA) highlights the regulator’s evolving approach to supervision and regulation under its consumer duty, an expert has said.
Penny Simmons tells HRNews why it is vital that HR professionals don’t ignore correspondence from HMRC which may land on their desk
Kate Dodd tells HRNews about preparing for the UK’s new duty to prevent sexual harassment in force from 26 October 2024
Kate Dodd tells HRNews about the potential problems facing businesses pursuing a return to office policy against the wishes of their staff
Company directors in South Africa must manage company affairs carefully, in a proper manner consistent with the Companies Act No.71 of 2008 and upcoming amendments, in order to avoid being declared delinquent or under probation.
The Court of Appeal in London has dismissed arguments that the Competition Appeal Tribunal (CAT) erred in law by permitting an “unfair pricing” argument and in its assessment of the “unfair trading conditions” argument.
The inquiry by the Data Protection Commission (DPC) in Ireland into Ryanair’s customer verification process highlights the ongoing tension between consumer protection, data privacy, and the operational practices of companies.
Organisations need to start preparing now for an overhaul of employment law by the UK’s new Labour government. Stuart Neilson outlines how.
The UK government’s newly established Office of Trade Sanctions Implementation (OTSI) has become operational and businesses need to take note of the updated civil sanctions enforcement regimes and the three bodies with different responsibilities for licence applications.
A recent Technology and Construction Court (TCC) case in the UK highlights several important issues that preoccupy outsourcing and technology lawyers during contract negotiations.
The UK government has issued an updated consultation on new regulation which aims to ensure clarity and affordable borrowing for consumers of ‘buy-now, pay-later’ (BNPL) products.
A new bill concerning the financial governance of organisations managing public funds in Luxembourg should be welcomed as it aims to enhance transparency and accountability, thereby restoring and maintaining public confidence in the sector.
The UK Supreme Court has made it clear that judicial review is generally available to hold regulators to account and ensure they fulfil their functions.
As the draft EU Packaging and Packaging Waste Regulation (PPWR) gets closer to adoption, brand owners should take note of the impact of the PPWR’s proposed packaging minimisation requirements on brand identity and IP rights.
A recently launched bribery conviction legal challenge serves as a reminder to mining companies to maintain robust governance and compliance policies and practices, particularly in the way that evidence and witnesses are handled, an expert has said.
The Irish government has agreed to make certain changes to the Health (Assisted Human Reproduction) Act 2024 to address legal ambiguities and protect the rights of families and children born through donor-assisted human reproduction (DAHR) and surrogacy, both in Ireland and abroad.
Recently announced developments in the Hong Kong Special Administrative Region (SAR) will help support its construction industry as it transitions to the next generation of projects, a construction law expert has said.
FIFA rules that regulate the transfer of professional football players between clubs infringe EU antitrust law because they restrict or prevent cross-border competition, according to a recent judgment by the Court of Justice of the EU (CJEU).
Online platform Reddit has been granted leave to appeal a ruling by the Irish High Court to uphold the decision by the Coimisiún na Meán (the Commission) to bring the platform’s services within the scope of a new online safety code.
A series of Advertising Standards Authority (ASA) rulings demonstrate the increased scrutiny telecommunications providers face over mid-contract price increases.
A recent cabinet decision in the United Arab Emirates (UAE) to reduce economic substance reporting requirements will significantly ease companies’ administrative burden, a corporate law expert has said.
Businesses and investors have been asked by the UK government to contribute their views and concerns, as it has launched a consultation to shape an “ambitious and targeted” 10-year plan to boost investment and drive long-term growth in the UK.
A newly proposed bill aims to establish a dedicated international committee of the Singapore International Commercial Court (SICC) to hear commercial disputes and appeals involving prescribed foreign jurisdictions.
The latest enforcement actions and supervisory publications by the Financial Conduct Authority (FCA) indicate the regulator’s renewed interest in market integrity and its expectations on regulated firms to assist it through clear dialogue and reporting.
Ireland’s position as a pharmaceutical manufacturing hub and home to thriving biotech and medical device businesses has resulted in a recent increase in patent revocation and infringement proceedings, particularly in the life sciences sector.
A new law on the introduction of commercial courts and commercial chambers in Germany will enter into force on 1 April 2025. It will provide for proceedings in English language.
Market participants including financial institutions will need to take care in how they structure securitisation transactions if they want those transactions to comply with both UK and EU securitisation regulatory rules – particularly where the two regulatory regimes diverge, an expert in securitisation transactions has said.
Neil McInnes tells HRNews about the global trend towards rewarding whistleblowers with financial incentives.
An arbitration tribunal in London has ruled that two aspects of the English Premier League’s associated party transaction (APT) rules breach UK competition law.
Neil McInnes tells HRNews about the UK’s Economic Crime and Corporate Transparency Act 2023 and its impact on senior managers.
Zoe Betts tells HRNews about conducting risk assessments which will become a new responsibility for HR from 26 October 2024.
Businesses in the UK are urged to start preparing now for quantum resilience against cyber risks and ensure data and privacy protection, as quantum technologies continue to advance apace.
The UK’s Financial Conduct Authority (FCA) has reiterated its expectations for firms to maintain robust systems and controls for identifying and remediating fraud, addressing expectations for reimbursement of authorised push payment (APP) fraud victims.
New legislation supporting workers in industries directly impacted by the energy transition will soon take effect in Australia.
Consensus is building that catalysing significant private sector investment will be essential to deliver the UK’s infrastructure needs in the years ahead.
A decision recently handed down by the Controller of Patents, Designs and Trade Marks in Ireland highlights the importance of carefully assessing the similarities between trade marks and the potential for consumer confusion.
The EU’s design reform package has received final approval from the Council of the EU, with two new legislative acts adopted to make design rights fit for the digital age and the registration procedure cheaper and easier.
The Investment Association (IA) has published its updated principles of remuneration, which are intended to reflect evolving market practices in the UK and investor expectations and to boost the UK’s competitiveness as a market for companies to list in.
The recent launch of the Dubai Intellectual Property Hub (DIPH) is a welcome development for businesses in the UAE, as the Middle East continues to increase and encourage investment in technology and life sciences, an intellectual property (IP) expert has said.
A recent ruling by the Court of Justice for the European Union (CJEU) has provided important clarification on whether social media platforms such as Facebook can use personal data obtained outside of the platform for personalised ads.
Parties resolving their disputes through arbitration administered by the Singapore International Arbitration Centre (SIAC) can now submit and manage their case files electronically via a new online platform, which is designed to digitise and simplify the arbitration case management process from filing to final award.
A new National Infrastructure and Service Transformation Authority (NISTA) is to become operational in the UK by spring 2025, to lead on strategic planning of major infrastructure projects as well as on their delivery, the government announced on Friday.
Mauritania has enacted a new law to introduce a regulatory framework for the development and operation of green hydrogen, offering tax breaks to attract more investments into the African nation’s renewable energy sector.
The Qatar Financial Centre’s (QFC) new digital assets regulatory framework has introduced innovative legislation alongside amendments to existing laws on the regulation of digital assets within the country’s financial free zone.
As the UK moves to limit the use of ‘restrictive covenants’ such as non-compete and non-solicitation clauses in employment agreements, and the US’ Federal Trade Commission ban on such clauses faces mixed judicial opinion, jurisdictions across the Asia-Pacific region could soon adopt similar restrictions.
A new precedential ruling procedure is to be introduced for mass claims before the German Federal Court of Justice, to relieve the burden on the courts and speed up proceedings.
E-commerce merchants across the EU may need to revisit their online pricing algorithms to ensure promotional price reductions are based on the lowest price in the past 30 days rather than the initial price of the advertised products, an expert has said.
The UK government’s proposed new anti-terrorism legislation will impose significant obligations on those responsible for sports stadia, concert venues, universities and other public premises where people congregate.
Recently published European Securities and Markets Authority (ESMA) guidelines regulating the use of environmental, social, and governance (ESG) and sustainability related terms in fund names will have a significant impact on the investment market.
This guide provides a high-level overview of the patent registration system and the basics of patent law in Ireland.
Under Qatar law the amount of liquidated damages provided for in a contract can increase above the contractually identified ‘cap’ if it can be proven that there has been an act of fraud or serious fault.
Another recent Court of Justice of the EU (CJEU) ruling provides further guidance on the application of state aid rules to national tax measures, shortly after the recent ruling in this area in the Apple case, an expert has said.
Novartis and Genentech have had their request for an injunction against biosimilar manufacturer Celltrion rejected after the Düsseldorf local division (LD) of the Unified Patent Court (UPC) considered there would be no imminent infringement of its patent rights.
A recent ruling by the French Supreme Court highlights the need for businesses to clearly identify at the outset of an arbitration which documents potentially are relevant to their case– and for counsel to fully make their case about the materiality of these documents before the arbitral tribunal, an expert has said.
Chris Thomas tells HRNews about the reasons behind the growing popularity in the UK of healthcare trusts as a means of offering private medical care to employees.
Sudden change in business activity after February 2022, last-minute changes to parties involved in transactions and payments from unlinked third parties to transactions are among the red flags pointing to possible Russian sanctions evasion by overseas counterparts, according to new guidance.
Amy Hextell tells HRNews about the new guidance from the UK’s Equality and Human Rights Commission to help disabled staff work remotely.
Shara Pledger tells HRNews about the government’s expansion of digital travel to visitors to the UK and its impact on employers.
Australia’s decommissioning industry is still in its infancy. However, with many offshore petroleum assets now approaching retirement, the industry needs to rapidly prepare itself to meet the large influx of decommissioning work ahead.
Ireland’s budget for 2025 sets out a range of tax relief measures as part of the government’s effort to improve its business environment, drive innovation, attract foreign investment, and support economic growth.
A recent fine imposed by the UK’s Office of Financial Sanctions Implementation (OFSI) demonstrates the regulator’s power and willingness to issue a monetary penalty on a ‘strict liability’ basis, an expert has said.
An EU court has provided useful guidance to brand owners on how they might defeat claims that their trade marks should be revoked because they lack distinctiveness.
Changes proposed to planning rules relating to the release of green belt land in England need to be clarified to address the risk of disputes arising that could stall the delivery of new housing, according to planning specialists.
Investors in Burkina Faso, Mali and Niger are likely to be greatly impacted by the upcoming withdrawal of all three countries from the Economic Community of West African States (ECOWAS).
The UK Pensions Ombudsman (PO) will soon launch an expedited determinations scheme to help speed up the resolution of complaints and allow adjudicators to focus on more complex cases.
New court rules in place from 1 October could lead to judges in England and Wales more frequently ordering parties to disputes to try to resolve them out of court.
A recently published consultation paper from the UK’s Financial Conduct Authority (FCA) proposes new reporting return requirements for a wide range of consumer credit firms.
Businesses across the UK should examine the Food Standards Agency’s (FSA) 2024 Food Crime Strategic Assessment and factor its key themes and overarching food crime methods into their risk assessments, an expert has said.
A recent Court of Justice of the EU (CJEU) ruling confirms that EU businesses are bound to comply with EU sanctions in relation to activities carried out wholly outside of the EU.
The UK construction sector will see growth in the year ahead as well as development of the construction legal market as the industry continues to be a global leader in development in forms of contracting, innovation and dispute resolution.
Judges in Germany have offered an insight into how important questions of EU copyright law pertaining to the development, training and use of generative AI (gen-AI) systems might be answered, an expert has said. It is one of the first court decisions dealing with an AI-related dispute in Europe.
Businesses are likely to have to wait years to find out the extent to which they are at risk of data protection or privacy-related mass actions in the Netherlands, an expert has said.
The Irish government’s recently announced changes to the standard fund threshold (SFT) regime will help bring the level of tax relief for pension contributions in line with current-day wages and future wage growth, a tax expert has said.
The Financial Conduct Authority’s (FCA) approach to regulatory enforcement in UK financial services is evolving, as it aims to become more data and technology driven and focus on faster investigations, greater transparency and closer collaboration with other regulators and stakeholders.
Recent changes to the Luxembourg Business Register’s disclosure requirements mean that individuals registered or to be registered with the Luxembourg Trade and Companies Register (RCS) will soon have to provide their Luxembourg national identification numbers.
A recent Indian supreme court ruling has confirmed that whether a non-signatory is party to an arbitration agreement is a question of fact to be decided by the arbitral tribunal, demonstrating the court’s “hands-off approach” to this type of ‘jurisdictional’ argument, an expert has said.
The recent Dutch budget for Social Affairs and Employment outlined several legislative changes set to impact employers and their workers from 2025.
Given the speed with which stolen assets can be transferred through the global banking system, and the increase in cyber fraud and invoice hacking incidents, time is of the essence if you are to successfully recover money stolen by a rogue employee through fraud.
The UK operates a VAT 'reverse charge' system for supplies of building and construction services. The domestic reverse charge (DRC) was introduced in March 2021 to combat VAT fraud in the building and construction sector.
The Qatar government has announced the implementation of flexible working hours and remote work options for government employees, in what an employment law expert has described as “a landmark move aimed at enhancing work-life balance and boosting productivity”.
A ruling by the Qatari Court of Cassation concerning the use of so-called ‘pay-when-paid’ clauses in subcontractor agreements is likely to embolden subcontractors to raise claims for delays in being paid by main contractors for their work on projects.
Impact investors – investors that seek positive environment or social outcomes through their investments as well as financial returns – can learn from multilateral development banks and other development finance institutions (DFIs) from the way they hold investment fund managers to sustainable investment objectives and strategies.
Financial service firms using artificial intelligence (AI) systems in Qatar must have a defined AI strategy, conduct risk assessment, and disclose prescribed information on their AI systems, to comply with recent guidelines published by the Qatar Central Bank (QCB).
Alex Wright tells HRNews about the reasons behind the sharp increase in the number of sponsor licence suspensions and revocations imposed recently by UKVI
Penny Simmons tells HRNews about the Upper Tax Tribunal’s decision in HMRC v S&L Barnes Ltd which considered length of service to be a key factor in determining status for tax purposes in the UK
Trish Embley tells HRNews why tailored training programmes will be crucial to comply with the new duty to prevent sexual harassment in force from 26 October 2024
Public authorities and officials across the UK could face potential criminal sanctions if they fail to cooperate with investigations into major disasters, as prime minister Keir Starmer has vowed to enact a new bill before the next anniversary of the 1989 Hillsborough football stadium tragedy.
More mergers between higher education providers in the UK are likely to materialise in the months and years ahead, as institutions grapple with rising costs, constraints on revenue raising, and growing demands for them to offer modern and sustainable facilities, an expert has said.
As auditors ramp up their scrutiny over the scope and quality of internal investigations, organisations should proactively plan to address and manage potential issues that could have a material financial impact.
Two recent UK Pensions Ombudsman (PO) determinations shed light on the complexities and challenges faced by pensions scheme members and administrators in relation to guaranteed annuity rates (GAR), and the administration of pensions plans.
UK employers risk significant penalties and other expensive complications for getting auto-enrolment wrong – even if inadvertently.
Parties using new engineering contracts (NECs) for construction projects in the Hong Kong Special Administrative Region (SAR) need to understand the NEC’s nuanced approach to the assessment and payment of compensation events (CEs).
With a new parliament, Commission president and set of proposed commissioners, the European Union is ready to implement a whole new policy agenda. Mark Ferguson tells us how businesses can prepare for it; and Emma Roberts tells us why South Africa's electricity reform might take a while to take full effect.
A new law in South Africa will deliver structural changes within the country’s energy sector and has the potential to address the problem of electricity blackouts and encourage investment in renewables projects.
The political landscape in Europe has changed over the summer months. Those changes will have an influence on how EU policy and law reform is shaped this autumn and beyond.
A recent Advertising Standards Authority (ASA) ruling and subsequent Office of Communications (Ofcom) guidance serves as a reminder to UK telecommunications providers on standards for advertising technology superiority claims and comparative advertising, an expert has said.
Victims of cryptoasset fraud in England and Wales should be able to recover stolen assets more easily when a “landmark” new Bill enters into law, experts have said.
A particular type of cable essential to the operation of offshore wind farms can be imported into the UK without attracting any customs duty, according to a recent ruling in the UK.
The UK Office for Students (OfS) is stepping up its efforts to safeguard students as consumers by addressing risks associated with franchising in higher education in England.
Financial services firms in the UK should proactively manage their engagement with the Financial Conduct Authority (FCA), as the latest data on the regulator’s enforcement actions has confirmed its shift towards using intervention tools to address its concerns at earlier stages.
Apple could be required to implement measures recommended by the European Commission to ensure its operating systems meet legal requirements on interoperability, under a regulatory procedure provided for under the EU’s Digital Markets Act (DMA).
Zambia’s proposed changes to its mining law could potentially hinder private investment in the mining sector as it may lead to greater scope of corruption and disputes, a legal expert has said.
A recent report on Chinese commercial arbitration judicial review cases has highlighted the growing significance of arbitration in the resolution of disputes in China, an arbitration expert has said.
UK securities litigation claim numbers are rising due to factors such as increased availability of litigation finance from third party funders, the growth of shareholder activism, and the use of litigation as a tool for corporate governance and compliance.
A surge of review applications seeking to set aside arbitration awards has hit the South African courts in recent years, partly driven by parties appearing to challenge the awards on tactical grounds.
Employers in the United Arab Emirates (UAE) need to take note of the recent changes in the federal labour law, which have introduced new rules in employment dispute procedures and imposed stricter penalties for breaches.
Businesses that deploy technologies such as AI to make decisions that have legal or similarly significant effects on individuals could be required to disclose to data protection authorities or courts commercially sensitive details of their algorithms under a scenario envisaged by a legal adviser to the EU’s highest court.
Public feedback to the Australian government’s recent issues paper on post-employment restraints of trade has revealed widely differing views among unions and employer groups regarding the possible limitation of such restraints.
Confirmation of a forthcoming consultation on new standard contractual clauses (SCCs) will be welcomed by multinational businesses seeking help in importing personal data from the EU in a way that complies with EU data protection laws, an expert has said.
Governments across Europe can expect added scrutiny of their plans to address the effects of climate change following a “landmark” ruling by the European Court of Human Rights on Tuesday, an expert in public and administrative law has said.
Businesses across sectors have been advised to review their approach to dynamic pricing after the practice drew scrutiny in the context of Oasis’ reunion tour.
Non-bank lenders in Australia are facing greater scrutiny regarding lack of transparency in private markets as the Australian Securities and Investment Commission (ASIC) focuses in on the industry.
With a recent policy statement, Ireland is seeking to accelerate the growth and integration of battery and other storage systems into Ireland’s electricity grid.
A recent ruling shows the challenge UK brand owners can face if seeking to prevent other businesses from revamping their original products and selling them on the resale market, experts in brand protection have said.
The Health and Safety at Work etc Act 1974 has now been in force for 50 years, but it continues to provide a globally-recognised framework for managing health and safety risk – even as that risk evolves with the operation of new technologies and ways of working.
The Dutch Data Protection Authority (DPA) has imposed a €290 million fine on Uber for allegedly transferring personal data from EU to US servers without adequate protections in place.
Manufacturers and distributors of non-investment insurance products may need to re-consider the efficacy of their product value assessments and ensure they are fully aware of their responsibilities to consumers following the findings of a UK Financial Conduct Authority (FCA) thematic review.
Botswana’s recently proposed mining law amendment is a positive step to ensure that citizens of the country benefit from its mineral wealth, but it is not without risk, including potential litigation and corruption risks, experts from Pinsent Masons have said.
Anticipated changes to copyright laws protecting new artificial intelligence (AI) technology in Hong Kong Special Administrative Region (SAR) will help boost the development of generative AI, a technology law expert has said.
European businesses that have faced increasing challenges and uncertainty in exporting data from China can expect ways to ease the difficulties while complying with complex Chinese data laws, following work to find a solution by both the EU and China.
Recent data and market analysis highlight reasons for optimism for health and social care sector deal-making in the months ahead, an expert has said.
Businesses seeking to develop and adopt artificial intelligence (AI) technology in the UAE should evaluate the applicability of the principles set out in a new charter published by the government for the development and use of AI.
At least 161 companies have voluntarily disclosed that they have breached sanctions since the Russia-Ukraine conflict began in February 2022, according to research by Pinsent Masons.
China’s rapid transition from an insular, ailing planned economy to global economic powerhouse is one of the great economic success stories of our age.
In light of the shifting legal landscape and market trends under the new Labour government and in the EU, employers will face more gender pay gap (GPG) reporting duties and a need to put in place a pay equity strategy, an expert at Pinsent Masons has said.
Growth shares are a special class of shares issued to employees that allow the employees to share in the growth in value of the company above a valuation hurdle – usually on an exit event – in a tax efficient manner.
Businesses that agree to formally settle their disputes via agreement can enforce the terms of those settlement agreements before the courts in South Africa if those agreements have been endorsed by an arbitrator.
The recently published Irish General Scheme of the Registration of Limited Partnerships and Business Names Bill 2024 includes several important proposals and will protect Ireland’s reputation as a well-regulated place to do business, an expert has said.
This guide provides a brief overview of the UK tax system for a business operating in the UK through a company.
A 3% structures and buildings allowance (SBA) is available in the UK for expenditure on the purchase, construction or renovation of non-residential buildings and structures.
Upcoming High Court proceedings between the Irish Data Protection Commission (DPC) and X, formerly Twitter, will be hugely significant to businesses using personal data to train artificial intelligence (AI) systems, according to experts.
A recent decision by the UK’s Financial Conduct Authority (FCA) to issue a public censure for significant failings in client asset reports highlights the importance of accurate CASS reporting not only by regulated firms but also by their auditors, an expert has said.
A company which spends money on capital assets for use in its business cannot claim a UK tax deduction for that expenditure.
There is no civil code in England. English civil law is made up of legislation made by parliament and 'common law' decisions made by the courts.
An upcoming Irish Supreme Court appeal will have significant impact on claims for ‘non-material’ damage under the General Data Protection Regulation (GDPR), an expert has said.
Businesses seeking to enforce their patent rights in Ireland cannot rely on orders of the Unified Patent Court (UPC) to do so, a new ruling has confirmed.
A recent EU sanctions update confirms that EU financial sanctions can extend to dealings with ‘non-targeted’ persons acting on behalf or at the direction of an EU designated person indicating a focus on such persons, an expert has said.
New data suggests the effect of the UK’s plastic packaging tax (PPT) is driving positive environmental action but also having negative economic impacts on aspects of industry, a tax expert has said.
An independent adviser to the UK government has shared a blueprint organisations can follow to win people’s trust over the processing of their health data and begin to reverse the trend of growing ‘opt outs’ from beneficial medical research and other healthcare initiatives.
Financial firms regulated by the UK’s Financial Conduct Authority (FCA) must consider whether their communications with customers constitute direct marketing or regulatory communications to ensure they are complying with the correct set of rules.
Undertaking an intellectual property (IP) audit can set businesses up to drive revenue growth and attract investment, IP experts have said.
A highly anticipated Bill proposing new protections for platform workers in Singapore will mean new obligations and registration requirements for operators of digital platforms, an employment law expert has said.
South Korea’s wind bidding roadmap will help enhance the country’s efforts in expanding renewable energy distribution as well as strengthening its supply chain, according to experts in energy project investment. The Offshore Wind Power Competitive Bidding Roadmap was recently announced by South Korea’s Ministry of Trade, Industry, and Energy (MOTIE).
A new tool intended to provide transparency around upcoming oil and gas decommissioning projects in Australia is a step forward in helping the industry manage risk, but significant challenges remain, a construction law expert has said.
UK employers may benefit from working with their employees with biometric residence permits (BRPs) to ensure a smooth transition to digital immigration status, otherwise known as eVisas, an expert has said.
Business leaders have a pivotal role to play in influencing attitudes, behaviours and overall performance related to workplace health, safety and wellbeing, according to new guidance by the British Safety Council.
A recent case in New South Wales (NSW) provides useful guidance for insolvency practitioners seeking to bring claims against de facto directors.
Australia will soon have a new corporate offence of failing to prevent foreign bribery and corruption as part of changes to its Commonwealth Criminal Code.
A recent decision by the Germany’s federal competition authority, serves as a reminder to businesses and investors to address regulatory hurdles like merger control early in merger and acquisition (M&A) transactions, an expert has said.
Saudi Arabia is spearheading the operation of mass action frameworks in the Middle East, with a regulatory system that gives shareholders scope to raise securities claims against publicly listed companies and for those claims to then be merged and considered jointly.
Employers in the United Arab Emirates (UAE) are increasingly turning to long-term incentive (LTI) schemes to attract and retain top-tier employees.
A clear understanding of ‘variations’ and their application in the Hong Kong Special Administrative Region’s New Engineering Contract (NEC) can help prevent potential construction disputes.
Higher education institutions across England will face a range of significant sanctions if they fail to comply with new harassment and sexual misconduct protection requirements set by the Office for Students (OfS).
The Olympic Games in Paris has seen the World Anti-Doping Agency (WADA) come under unprecedented levels of scrutiny, an expert has said.
The emergence of new technologies like generative AI and the increasing popularity of ‘smart’ devices is driving demand for fast and reliable data processing, globally. For UK real estate businesses, it offers new opportunities to realise returns on land.
The UK government’s call for evidence regarding the tax treatment of carried interest confirms its intention to take action to close a perceived ‘loophole’ an expert has said.
UK government plans to increase the threshold for nationally significant infrastructure projects (NSIPs) will potentially speed up cost effective deployment of solar energy infrastructure, an expert has said.
Yesterday’s statement from the UK chancellor outlines the Labour government’s focus on fiscal prudence, whilst laying bare the difficult state of the country’s public finances and the perceived fiscal constraints they are operating under, an expert has said.
The tax system for non-domiciled individuals will be abolished from April 2025 and replaced with a new residence-based regime, the UK government has confirmed.
Two recent judgments related to Covid-19 vaccines show that, while statements made in an emergency situation can have an immediate positive PR impact, businesses must be cautious about relying on them without regularly reassessing their need for a licence to use such technology, an expert has said.
The Unified Patent Court has accepted jurisdiction in a medtech patent dispute despite the existence of parallel proceedings in German courts. It has revoked the European patent in issue across all participating UPC countries.
Two recent decisions by the Unified Patent Court (UPC) Local Division in the Hague in the medtech space offer further insights into the court’s developing approach to requests for preliminary injunctions (PIs).
In an important recent judgment, the UK Supreme Court has rewritten the post-Brexit rules on application of EU case law in the UK courts, so that they apply retrospectively in proceedings in respect of pre-Brexit events.
A recent case has highlighted potential hurdles for administrators and liquidators of companies based in Queensland that are subject to security of payments legislation and which have insufficient funds to cover the appointees’ costs.
As Australia’s energy transition continues at pace, companies involved in building new transmission infrastructure will need to manage considerable resourcing challenges on projects while also meeting industry-specific obligations to ensure their workers’ health and safety.
New public procurement legislation in South Africa will help resolve longstanding corruption issues in the construction industry, construction law experts have said.
Competition authorities globally are coalescing in their efforts to understand, monitor, and proactively address competition issues that may arise from rapidly developing artificial intelligence (AI) technology.
The Irish government has approved a new bill intended to streamline the environmental protection agency’s (EPA) licencing system to avoid delays, but questions remain over how effective the planned changes will be in yielding practical results.
Companies licensed in the United Arab Emirates (UAE) marketing products or services through telemarketing - including those located in UAE ‘free zones’ - will need to ensure that they have appropriate processes in place in order to comply with new regulations, an expert has said.
Singapore’s new decarbonisation research programme is further proof of its commitment to building its hydrogen and carbon capture and storage capabilities as it pursues its 2050 net zero goals, corporate law experts have said.
GB Energy’s newly-announced partnership with The Crown Estate will be of interest to the energy industry in the UK’s quest for decarbonisation and security of supply, an expert has said.
Financial firms can expect the Financial Conduct Authority (FCA) to query their systems and controls in order to better understand and address root causes for consumer grievances following an increase in complaints, an expert has said.
Mid-sized mobile network operators in the UK have been advised to start a potentially extensive process of reviewing and updating supplier contracts ahead of an approaching compliance deadline in early 2025.
A global clampdown on greenwashing and overlapping ESG standards is driving up the cost of sustainable export financing – and may be delaying the delivery of major projects across the world.
Users of artificial intelligence (AI) tools and businesses that design, develop and provide AI products should pay close attention to the risks associated with any processing of personal data by their AI systems, and ensure the processing is compliant with General Data Protection Regulation (GDPR), a data protection expert has said.
The Vietnamese government’s new mechanism introducing direct power purchase agreements to its electricity market will help drive further investment into renewable energy projects.
A recent decision by Australia’s Fair Work Commission on ‘same job, same pay’ (SJSP) laws has significantly increased the cost of labour hire workers and is an important step in interpreting new legislation.
HM Revenue and Customs (HMRC) is increasingly focused on IR35 compliance and enforcement, and businesses with large contractor populations and complex supply chains are most exposed to risk from an enquiry.
Against the ticking clock of ageing coal power infrastructure, Australia grapples with the challenges of building a new power network to distribute clean energy says Leanne Olden; and Eloise Walker tells us about the surprise tax liabilities buried in the carbon credit system.
The UK private equity industry continues to face uncertainty as it awaits proposed Labour government reform to the taxation of carried interest, an expert has said.
A recent ruling in Australia has shed light on the level of scrutiny that will apply in insolvency cases where parties might look to terminate a deed of company arrangement.
The new Labour government in the UK is to follow through on previous plans to reform arbitration law, according to the proposals for a new Arbitration Bill outlined in the King’s Speech on Wednesday.
The UK’s Competition and Markets Authority (CMA) is updating its guidance on competition-related administrative penalties, to reflect the enforcer’s expanded fining powers under the Digital Markets, Competition and Consumers Act 2024 (DMCCA).
The UK financial services sector awaits further detail on how the new Labour government is proposing to implement its manifesto and the extent to which their plans may drive change in the sector.
UK regulator the Financial Conduct Authority’s (FCA) final rules on implementing the overseas funds regime (OFR) provide the UK funds industry with a roadmap it has been looking forward to since the end of EU-passporting rules, an expert has said.
A recently published Central Bank report follows an independent review of its fitness and probity (F&P) regime and provides clarity as to the regulator’s expectations of those applying for positions at senior levels in the Irish financial services sector, an expert has said.
A growing number of incidents at UK universities are being pursued as civil claims rather than criminal offences, putting pressure on universities’ capacity for handling serious misconduct allegations, an expert has said.
New legislation will give employees greater protections, but the government must consider the implications of any new rights to ensure they do not cut across employers’ regulatory or other obligations, experts have said.
A recent judgement in Singapore holds practical considerations for parties involved in arbitral disputes who seek to use the early dismissal procedure under the Singapore International Arbitration Centre’s (SIAC) Rules 2016.
A new Great British (GB) Energy Bill will help make the UK energy independent as well as allowing communities to reap the benefits of clean, secure and home-grown energy while creating new opportunities and tackling climate change, the UK government has said.
The UK government has announced plans to accelerate the delivery of high quality infrastructure and housing and to “get Britain building”.
Businesses can now claim tax relief for the cost of research and development (R&D) contracted out to another party under a new R&D tax relief scheme that was introduced in the UK for accounting periods beginning on or after 1 April 2024.
Trish Embley tells HRNews about the importance of training staff on the new duty to prevent sexual harassment in force from 26 October 2024
Trish Embley tells HRNews about Labour’s plans for a new single status for workers plus improved protection and employment rights
Organisations have been urged to check whether their use or marketing of artificial intelligence (AI) systems will be banned in EU countries once that ban takes effect in early 2025.
A recent case ruled on by a court in South Africa has highlighted the need for servitudinal rights – rights pertaining to the use of land – to be clearly set out in agreements at the outset of projects.
Alex Wright tells HRNews about how April’s tighter visa rules have led to some graduate employers to withdraw job offers on cost grounds
Investors need to give increasing thought to the potential for new tax liabilities to arise in relation to nature restoration and other climate projects globally and the growing secondary trade in the voluntary carbon credits which those projects are spawning.
Recent changes to Australia’s Fair Work Act give employers new responsibilities towards employee union delegates.
The pensions industry will welcome new pensions laws being introduced by the UK government, an expert has said.
The new UK government intends to resurrect aspects of planned reforms to data protection law lost when the recent general election was called, according to the King’s Speech on Wednesday.
A decision of the High Court in England to extend an injunction to The Jockey Club prohibiting acts intended to disrupt horseracing events is good news for sports venues and entertainment providers, an expert has said.
A new Cyber Security and Resilience Bill is to be introduced into parliament in the coming months, according to government legislative plans confirmed in the King’s Speech on Wednesday.
The UK government has revived plans for a new football regulator in England, by promising to reintroduce the Football Governance Bill.
New UK legislation to support the delivery of new housing and other infrastructure, and promote investment in renewable energy generation, is to be brought forward in the months ahead – but further proposals expected to impose statutory guardrails on the most powerful AI systems has been unexpectedly omitted from the legislative agenda.
The ICC International Court of Arbitration remains the leading arbitral institution, as its latest report shows strong performance both in terms of caseload and global influence.
A recent High Court case in England has confirmed that if investors are deceived in the investment process, losses can be recoverable against the those responsible for those fraudulent misrepresentations, an expert as said.
A recently launched UK Competition and Markets Authority (CMA) consultation involving trader recommendation platforms highlights the CMA’s ongoing focus on tackling consumer harms arising from misleading conduct and online selling practices, an expert has said.
As legislation supporting diversity, equality and inclusion (DEI) in the workplace continues to develop in the Asia Pacific region, employers must ensure they meet their increasing obligations in this area.
The EU may be on the brink of exiting the Energy Charter Treaty (ECT) but that has not stopped the European Commission from putting forward proposals aimed at curtailing the investment protection the ECT offers to Russian and Belarussian owned or controlled companies.
A new funding and guidance package has been developed in Ireland to help manufacturing businesses reduce their greenhouse gas emissions.
New listing rules from UK regulator the Financial Conduct Authority (FCA) provide a much-needed boost to the UK capital markets, reducing the regulatory burden on listed companies with a new permissive disclosure-based approach, an expert has said.
As Malaysia readies for an open access power grid, the country’s energy market needs to be aware of the possible challenges ahead in order to successfully navigate the change.
The UK government has signalled its clear intent to drive investment in new renewable energy infrastructure by granting consent for three major new solar farm projects in England, according to experts at Pinsent Masons, which has advised on each of the projects from their inception.
The Central Bank of Ireland has clarified several points on the application of the Individual Accountability Framework (IAF), which aims to underpin sound governance across the financial sector.
The UK government’s creation of a new National Wealth Fund (NWF) will mobilise the private investment needed to fund the UK’s green transition by addressing the challenges and risks that have hindered private investors in green industries and transition technologies, a legal expert has said.
Businesses developing and procuring AI tools have been urged to build their understanding of how the new EU AI Act will apply to them, and the risk management obligations they may be subject to, after the legislation was written into EU law on Friday.
Employers in the UK should pay close attention to the risk assessment approach and business-specific preventative steps proposed by the Equality and Human Rights Commission (EHRC), which is in the process of changing its guidance on preventing workplace sexual harassment, experts have said.
A major new solar park in the south east of England has moved closer to becoming operational after a planning inspector ruling.
The new UK government will reintroduce mandatory housing targets across each local planning authority in England, new UK chancellor Rachel Reeves has said.
A new law aims to make Germany more attractive for international arbitration proceedings.
Businesses in the digital industry have until 25 July 2024 to comment on the European Commission's new proposals on cybersecurity measures under the second Network and Information Security (NIS2) Directive.
Asset managers planning to adopt the ‘sustainability improvers’ label in the UK for funds in their portfolio should urgently review the information they plan to disclose if those products track EU climate benchmarks.
Prevailing economic winds and the prospect of a change in VAT policy under the new UK government will precipitate an uptick in mergers and acquisitions involving operators of private schools.
An ongoing case serves as a reminder to UK employers of their responsibilities towards migrant employees, emphasising the importance of fulfilling employment offers linked to sponsor licences, an expert has said.
Planning reform that enables new homes and other infrastructure to be delivered faster, and an accelerated drive to ‘greening’ energy generation, finance, and the wider economy, are priorities businesses can expect the new UK government to pursue in the aftermath of the Labour party’s landslide victory in Thursday’s general election.
Businesses should be able to enforce English court rulings more easily in other countries in future after the UK ratified an international treaty on the cross-border enforcement of judgments.
A recent South African Supreme Court of Appeal case sheds light on whether ‘actual’ or ‘substantial’ compliance is required to award lawful tenders and whether these tenders may be split between various bidders.
A recent settlement reached between a renewable energy company and South Africa’s competition authority has highlighted the need for businesses to develop policies and practices that promote compliance with competition laws.
A recently published report by the UK’s Financial Conduct Authority (FCA) underscores the need for firms to carefully consider their consumer duty monitoring approaches, strategy and the reporting of their data to ensure that they have addressed the regulator’s concerns.
US lawyer Scott Le Blanc tells HRNews about legal challenges to the Biden administration’s overtime pay rule
Neil McInnes tells HRNews about preparing senior managers for new laws which tighten corporate crime liability
A recent study on the compliance with and enforcement of ICSID awards confirms that despite growing scepticism towards the current investment treaty regime, states generally voluntarily comply with awards rendered against them and, where enforcement is sought, it is usually successful.
Sarah Munro tells HRNews about the Labour party’s plan to strengthen the law to protect employees who blow the whistle on sexual harassment at work
New laws making their way through the Irish legislative process mark a progressive step towards modernising Ireland’s approach to family building and reproductive rights by addressing longstanding legal ambiguities and ensuring ethical oversight, an expert has said.
The EU pharmaceutical package and the reform of pharmaceutical legislation is a critical step in making the EU a more attractive location for pharmaceutical manufacturers, and the harmonisation of the so-called ‘Bolar exemption’ plays a key role in that objective.
Financial services firms can expect UK regulators to follow their US counterparts in imposing significant penalties in cases where they fail to monitor and record staff communications on platforms such as WhatsApp, an expert has said.
An important step towards boosting cross-border investment, fighting tax fraud and improving the functioning of capital markets within the EU was taken when finance ministers across the bloc reached a deal on proposed new tax laws in May.
Organisations in New South Wales (NSW) are set to face higher penalties than before for failing to meet their health and safety duties to their workers.
As artificial intelligence (AI) adoption picks up pace, Irish businesses need to be aware of the areas in which AI is having an impact, the factors to take into consideration when using AI and how to prepare for the EU Artificial Intelligence Act (EU AI Act).
Having two group companies based in different EU countries does not, on its own, alter where VAT is to be assessed as arising in cases where one of the companies supplies services to the other, the EU’s highest court has ruled.
Financial institutions and technology providers can achieve cost-effective compliance with operational resilience laws globally by using managed legal services to deliver necessary updates to their processes and suite of contracts, experts have said.
Following the formal adoption of the EU Artificial Intelligence Act (EU AI Act), the Irish government has launched a public consultation on the national implementation of the new legislation.
Two recent decisions of the UK Pensions Ombudsman (PO) place the onus on the scheme member to use providers’ online systems correctly and to switch to alternative means of communication when those systems are unavailable.
The Scottish government is seeking to address some of the overly restrictive aspects of the short term let licensing rules, but the measures may not be enough to tackle “unnecessary” regulation and financial burdens faced by the Scottish tourism industry, an expert has said.
At the ECOFIN meeting on 21 June, the EU Council exchanged views on the VAT in the Digital Age (ViDA) package. However, Estonia continues to block the second pillar of the ViDA proposal relating to the platform economy.
After a recent ruling of Germany’s Federal Court of Justice, an insolvency expert has warned banks of high clawback risks when granting additional securities to a debtor with doubtful solvency.
A recent EU Russia sanctions development will trigger interest in the provision of professional and business services to Russian subsidiaries, an expert has said.
The new criminal offence of failure to prevent fraud will likely result in a transformational corporate culture shift with respect to how fraud is viewed amid an ongoing fraud epidemic in the UK.
Anthony Convery tells HRNews why UK employers should review their holiday pay systems after the EAT’s ruling in British Airways v De Mello
US lawyer Scott Le Blanc tells HRNews why the FTC’s ‘final rule’ may not come into effect on 4 September, as planned
Neil McInnes tells HRNews about the UK’s new corporate offence ‘failure to prevent fraud’ and the steps necessary to comply with it
Employers in China making decisions about keeping or deleting HR documents must be aware of differences in legislation that could significantly impact their obligations.
Australia’s new national framework for the assurance of artificial intelligence (AI) systems in the public sector is a reminder for the private sector of the importance of having clear foundations for the safe and responsible use of AI and helps set the standard and policy expectations for private enterprise, technology experts have said.
A recent UK Court of Appeal judgment is the latest in a recent flurry of judgments considering the proper interpretation of the rule preventing the deduction of interest for tax purposes where a loan is entered into for an ‘unallowable purpose’, an expert has said.
A recent Upper Tribunal ruling has made it clear that all enquiries into taxpayers’ tax returns conducted by the UK’s tax authority have to be reasonable and proportionate, and continued “fishing” for further information after a number of years could be unreasonable.
The energy sector in the EU is increasingly preparing for cyber attacks. This is not least due to a new directive that obliges companies to take stricter cyber security measures, according to experts at Pinsent Masons.
Apple imposes unfair restrictions on app developer users of its App Store, according to preliminary findings announced by the European Commission from its investigation into the company’s compliance with EU Digital Markets Act (DMA) rules.
Online platforms Reddit and Tumblr have unsuccessfully challenged Ireland’s media regulator’s decision to bring their services within the scope of a new online safety code.
EU law impacting what businesses in the real estate sector need to do ensure buildings are energy efficient, decarbonised, and constructed and operated in a sustainable way, was updated in May 2024 when the revised Energy Performance of Buildings Directive (EPBD) came into force.
The revised Energy Performance of Buildings Directive (EPBD), adopted by EU law makers in April, sets new sustainability standards that will impact on the construction of new, and renovation of existing, homes and commercial property.
Germany’s Federal Financial Supervisory Authority (BaFin) has published new guidance on incident reporting under the EU’s Digital Operational Resilience Act (DORA), setting out its view on the serious ICT incidents that should be reported to it once the new regime is in force.
Alternative legal services (ALSs) are becoming a ‘must-have’ component for traditional law firms as the legal sector continues to evolve and embrace new technologies, processes, and resources.
New rules imposed by Ofcom, the UK’s communications regulator, take effect on 1 October 2024 and are designed to protect consumers from unexpected charges when using their mobile phones abroad and from the risks of inadvertent roaming – where phones of users living close to national borders connect to networks in neighbouring countries.
After the EU Council of ministers suggested changes to the Green Claims Directive, an advertising regulation expert has advised businesses to prepare now for implementing the new rules.
Any UK taxpayer that has unpaid tax should take professional advice to try to avoid HM Revenue and Customs (HMRC) pursuing a criminal investigation amid a rise in cases, an expert has said.
A thorough understanding of the types of compensation event (CE) clauses used in the New Engineering Contract (NEC) - increasingly the standard form contract of choice in the Hong Kong Special Administrative Region’s public sector - is vital to avoiding potential disputes on construction projects.
One year into the new system governing patents in Europe, Judith Krens tells us that the UPC has been a success in unusual and unpredictable ways, and Alessandro Capone says that companies in Germany can expect to face more mass actions because of court digitisation plans. Never miss a story, sign up for business law updates.
Ensuring a breach of warranty claim is notified properly, complies with the requirements of the share purchase agreement (SPA), and includes all relevant details of the alleged breach is key to bringing a breach of warranty claim.
A recent UK Upper Tribunal decision is a useful reminder of the “orthodox” approach that should be taken to determine whether there has been a single or multiple supply of goods or services for the purposes of VAT exemption, an expert has said.
Human resources professionals, recruiters and business leaders should be aware of the crucial role language in job advertisements can play in attracting a diverse pool of applicants, and that while artificial intelligence (AI) can expedite the drafting process, human oversight remains essential.
Two recent High Court decisions considered how the legal doctrines of dishonest assistance in a breach of trust and unjust enrichment can be applied in the context of a bank or e-money institution receiving payments that have been procured by fraud.
As a pension scheme moves towards the completion of its winding-up, there are several things that trustees should be aware of once the scheme has bought out its benefits and only needs to conclude the winding-up of the scheme’s trust.
Investment and trading firms in the UK must maintain robust systems and controls in relation to social media communication and advertising or publicity arrangements, such as endorsements by influencers or celebrities, financial regulation experts at Pinsent Masons have said.
Recently published guidance by the OECD/G20 Inclusive Framework providing further clarification on the application of a global minimum tax will be welcomed by taxpayers and their advisers, a tax law expert has said.
Following a relatively smooth run, non-bank financiers in Australia now face an increasingly difficult market and will need to establish a clear idea of the risk they carry in order to remain competitive.
A recent High Court ruling in the UK has underscored the difficulty of bringing claims in England in contractual situations where there is an exclusive jurisdiction clause favouring an overseas court.
Copyright gives authors of works rights to control the use or commercial exploitation of the works that they have created.
Multinational enterprises (MNEs) operating in the EU that exceed certain size thresholds will soon need to publicly disclose financial and non-financial information in line with the EU Public Country-by-Country (CbC) Reporting Directive.
When deciding whether to grant planning consent for development, the Environmental Impact Assessment (EIA) should consider the downstream, indirect greenhouse gas emissions effects of the development in some cases, the UK Supreme Court has ruled, demonstrating a significant development for environmental law.
Anthony Convery tells HRNews about the Employment Appeal Tribunal’s decision in British Airways v De Mello and its impact on holiday pay
US lawyer Scott Le Blanc tells HRNews about the expansion of ‘protected concerted activity’ and its impact on employers in the US
Anne Sammon tells HRNews about settling claims in compromise agreements following the UK Employment Appeal’s ruling in IBM v Clifford
Pensions scheme trustees must ensure that communications with members are comprehensive and unambiguous, particularly where there are uncertainties over benefits and where potential overpayment investigations are ongoing, the Pensions Ombudsman (PO) has determined.
Recently proposed changes to South African legislation could result in tighter regulation of the country’s construction industry, with contractors and professional service providers facing fines for non-compliance if the changes are introduced.
Ambitious plans to reform the planning system, scale up the delivery of new homes, and enable investment in the modern ‘green’ infrastructure the UK needs to decarbonise, run through the election manifestos published by the main UK political parties, in what is universal recognition that good quality infrastructure is the bedrock of any thriving economy.
Trustees and sponsoring employers of defined benefit (DB) schemes are increasingly looking to fully buy-in their scheme to reduce risk. This is commonly a first step on the path to buy-out of benefits and an eventual winding-up of the scheme, when the scheme is brought to an end and the trustee discharged of any further liability for providing benefits to members.
For the financial services sector, there is much in the 2024 UK general election manifestos to digest, many policies which organisations may wish to influence if and when they proceed through parliament, and many areas on which clarity is still required.
A recent ruling in the Hong Kong Special Administrative Region (SAR) has confirmed that interim measures ordered by arbitral tribunals are not subject to appeal.
The EU Corporate Sustainability Reporting Directive (CSRD) is a transformational piece of legislation, which revises previous EU rules concerning the environmental, social, and governance (ESG) information corporate entities must report on.
The energy sector will be hugely impacted by the upcoming UK general election, with organisations already working hard to establish what next month’s result will mean for them in policy terms and sector support.
A court has rejected a bid by a prominent UK businessman to force a gardening company he engaged with to disclose the identity of people given access to recordings of conversations he had with the gardening company’s owner.
The German Ministry of Justice has published a draft law to digitise proceedings before the civil courts. According to the envisaged new rules, citizens will be able to file lawsuits with a low value in dispute online.
A renewables company has been charged in the UK with failing to prevent bribery in a case concerning the alleged bribery by one of the company’s directors of a foreign public official.
A recent ruling by the UK’s Upper Tribunal (UT) in a case involving a Premier League football club highlights the importance of record-keeping and disclosure in tax disputes, experts have said.
The EU Corporate Sustainability Reporting Directive (CSRD) regime is extensive and will pose a number of legal and regulatory issues for general counsel (GC) and in-house legal teams to address.
Data protection authorities in the UK and Canada are undertaking a joint investigation into a data breach experienced by a genetic testing company last year.
New data highlights how successful the introduction of the Unified Patent Court (UPC) in Europe has been, one year after it began operating, according to experts in patent litigation.
A recent US District Court decision emphasises the importance for sports governing bodies worldwide to ensure that robust and effective safeguarding measures are put in place to protect players and athletes from harm, an expert has said.
The Central Bank of Ireland recently launched a survey of the availability and usage of liquidity management tools (LMTs) by Irish authorised investment funds.
Maria Gravelle tells HRNews about the current uncertainty around the Graduate visa route, and its future prospects
Zoe Betts tells HRNews about employers’ health and safety obligations when it comes to staff working from home
Lynette Jacobs tells HRNews about the anticipated announcement of AIB as a new licensed savings supporting SAYE plans
The European Banking Authority (EBA) has said it will review whether it needs to update its guidelines on outsourcing arrangements to address new requirements set out in the EU’s Digital Operational Resilience Act (DORA).
A recent case in Australia has highlighted the importance of bankruptcy trustees being able to demonstrate that they have maintained objectivity in their administration of a bankrupt estate.
The European Commission is investigating whether a guarantee and a loan provided by the UAE to one of its state-owned companies risk distorting competition in the EU internal market.
Australian employers and HR practitioners can ensure workplace complaints and investigations are handled appropriately and avoid potential reputational damage by following certain ‘best-practice’ steps.
The current UK E. coli outbreak provides a real-world example of why it is important for businesses in the food and beverage industry to have robust measures in place to protect against, avoid and properly manage incidents, an expert has said.
Universities have been advised to review their sustainability-related targets and ensure they have a robust plan in place to meet them amidst a growing culture of activism and class action-style claims being brought across the world.
Singapore’s Energy Market Authority (EMA) has announced plans to build two more natural gas, hydrogen-compatible power plants by 2030 to help ensure energy security and reliability amid growing electricity needs.
Lenders should be aware that despite their static nature, IP addresses have been classified as floating charge assets under a loan security agreement by a recent decision of the High Court of England and Wales. There are legal and practical considerations for lenders and their advisers when securing digital assets, following the ruling.
Owners of famous brands must make sure they gather evidence of how trade marks for their products and services are actually used, experts have advised, after an EU court cut the scope of McDonald’s exclusive rights to market products under its ‘Big Mac’ brand.
EU regulators are considering refreshing their cloud outsourcing guidelines to take account of changes to EU regulation delivered via the Digital Operational Resilience Act (DORA), Out-Law can confirm.
The new mining code that took effect in Cameroon in late 2023 will govern how mining projects operate in the country.
A witness statement is a written formal document used in litigation in the courts of England and Wales. A witness statement contains a person's truthful own account of facts relating to issues arising in a dispute, which are within that person's personal knowledge.
Chris Evans tells HRNews about the UK High Court’s decision in X-R Touring LLP v Javor and the need for caution when issuing press statements about new recruits
Jonathan Cowlan tells HRNews about a delay to the UK’s Terrorism (Protection of Premises) Bill and what lies ahead
Zoe Betts tells HRNews about the lessons to learn from a fatal accident on a staircase at UK supermarket Morrisons
Three recent cases highlight that the medical care exemption for VAT should be strictly interpreted by businesses analysing whether the services they supply qualify for the exemption.
Foreign owners of Australian assets need to be aware of their recently extended registration requirements in order to avoid significant penalties for non-compliance.
The commencement of Ireland’s Representative Actions Act is a significant development in Irish consumer protection law, as previously no overarching mass action procedure was available to consumers, an expert has said.
Ireland’s recently published biomethane strategy will help provide a decarbonisation pathway for reducing emissions in line with national climate action plans.
Leasehold and Freehold Reform Act receives Royal Assent but most of the provisions will not come into force without secondary legislation, which will now be the task of a new government.
Luxembourg’s new draft bill that aims to implement several income tax law changes, particularly rules concerning the partial liquidation regime, should bring clarity and certainty to investors and businesses, a legal expert has said.
A recent Court of Appeal decision brings welcome clarity as to when a single claim may be used to name multiple claimants in England and Wales, experts have said.
A recent High Court decision has confirmed that a bankrupt person can challenge a decision of their former trustees in bankruptcy after the trustees have been released from office.
Changing demographics are increasing the need and demand for health and social care services at a time when there are significant constraints on public finances. These are among the confluence of factors driving deal-making in the UK healthcare M&A market.
A property intermediary company that allows its clients to use corporate credit cards to book accommodation is liable for VAT on the fees it charges for the supply of that service, a tax tribunal has confirmed.
Using incentivised target cost (ITC) contracts on Australian electricity transmission projects can benefit owners and contractors, but their complexity for a project’s supply chain must also be considered.
Ireland’s online media regulator has said it expects a proposed new online safety code it has developed to begin applying later this year – despite ongoing legal challenges to its video-sharing platform services (VSPS) designation process.
Irish funds are frequently used as investment vehicles to acquire real assets such as property, private equity, and infrastructure. This reflects the fact that Ireland is an attractive jurisdiction for raising capital from institutional investors.
The Philippines’ Department of Energy (DoE) has established the Hydrogen Energy Industry Committee (HEIC) and the Hydrogen Inspection and Monitoring Team (HIMT) to oversee the development of hydrogen energy-related projects.
Recently announced procurement reforms in Western Australia (WA) will not be enough to address the challenges facing the state’s construction industry as demand for new infrastructure projects grows, a construction law expert has said.
Changes in regulations and the pre-application process for nationally significant infrastructure projects (NSIPs) in the UK are expected to lead to higher direct cost and resource requirements particularly for applicants.
The Irish government has launched the second stage of the small-scale renewable electricity support scheme (SRESS) in a bid to continue providing a route to market for businesses and non-domestic renewables self-consumers.
Recent changes to the guidance on how the national security screening regime operates under the UK National Security and Investment (NSI) Act 2021 provide helpful clarification on the operation of the NSI regime with further amendments expected in due course, an expert has said.
The planned reforms of the Arbitration Act 1996 in England and Wales will have to await the outcome of the UK general election, but a swift reintroduction of the Arbitration Bill in the new parliament may be possible, legal experts have said.
Australian companies that are parties to construction contracts should be mindful of a recent ruling in the UK which has highlighted the importance of properly drafted force majeure clauses.
The UK’s Financial Ombudsman Service has proposed charging claims management companies to lodge a case, a move that could “encourage greater rigour” in referring cases, legal experts have said.
Property owners in Britain are facing Increasing regulation following the Grenfell Tower fire in London and because of policy reactions to the climate emergency.
The introduction of the new mining code in Cameroon at the end of 2023 provided much needed regulatory structure for the Western African country’s mining industry and will have major implications for foreign mining companies looking to invest.
The newly agreed coalition government in the Netherlands provides businesses with a certainty of direction in policy making, but it may create issues between Dutch and EU policymakers in the future, legal experts have said.
Christina Bowyer tells HRNews how a review of board effectiveness can help pension scheme trustees meet TPR’s EDI aspirations
New York lawyer Ben Stockam tells HRNews about the FTC’s ‘final rule’ and employers’ options in the event it survives legal challenge
UK universities should ensure robust contracts are in place with agents they use to attract, or recruit, students, clearly setting out the agents’ responsibilities and making sure universities sign off marketing materials before publication, an expert has said.
The ‘wash-up’ that follows the recent call for a general election has brought an abrupt end to the UK government’s legislative programme, an expert has said.
The importance of having a documented data protection policy framework available in organisations in the Netherlands has been brought to the fore, as the Dutch Data Protection Authority (Dutch DPA) has recently issued warning letters on data privacy compliance.
Having a single set of rules across all taxes with certain variation could help make the UK’s tax administration system easier to navigate and less costly for taxpayers and advisers, legal experts have said.
A witness statement is a written formal document used in litigation in the courts of England and Wales. A witness statement contains a person's truthful own account of facts relating to issues arising in a dispute, which are within that person's personal knowledge.
The highly anticipated Digital Markets, Competition and Consumers (DMCC) Bill was passed by the UK Parliament on 23 May, marking the most important changes to UK competition law and consumer law in years.
The EU’s Corporate Sustainability Due Diligence Directive (CSDDD) requires companies to reduce environmental and human rights damage, and Laura Ayre explains how it will govern the behaviour of more companies than you might think; and Leo Parkington examines whether the UK’s new self-driving car law will set legal standards for the rest of the world.
Recently published comments from the UK’s Solicitors’ Regulation Authority (SRA) should be welcomed by well-run firms while warning others about a number of concerns, from poor due diligence to failure to obtain proper client consent, an expert has said.
Recently published Irish Revenue guidance will help businesses determine whether a worker is an employee or self-employed for tax purposes.
At each phase of a defined benefit (DB) pension scheme buy-in, buy-out and wind-up, it is important for sponsors to take a strategic approach, work in partnership with the trustees and take advice on sponsor-specific issues that might otherwise be missed.
UK prime minister Rishi Sunak’s announcement of a snap general election on 4 July left no time for key elements of the government’s legislative programme to reach the stature books, an expert has said.
The UK prime minister has called a general election on 4 July, and parliament will be dissolved on 30 May. This triggers a formal pre-election period, formerly known as purdah, when guidance is in place limiting the use of public resources and the activities of the government and civil servants.
The European Commission wants to take stricter action against companies that have agreements with other companies on employee salaries or prevent the poaching of employees.
With global consensus over regulation of artificial intelligence (AI) yet to emerge, governments in Gulf Cooperation Council (GCC) countries have tended to adopt a business-friendly approach as the technology develops.
The EU Council’s agreement on a new tax directive means that the EU has moved a step closer to putting in place procedures for businesses to obtain double taxation relief more quickly and safely, an expert has said. , as the EU Council has recently agreed on a new tax directive.
The use of artificial intelligence (AI) in sport continues to surge with the technology being employed in areas such as training and performance, security and safety, and fan engagement.
A highly anticipated bill implementing security of payment legislation (SOPL) in the Hong Kong Special Administrative Region (SAR) has been put in motion and, once in effect, will bring much-needed clarity to Hong Kong SAR’s construction industry, construction law experts say.
A new mining code adopted in Cameroon at the end of 2023 is set to significantly transform the mining industry in the mineral-rich country.
A UK Court of Appeal decision requires all companies which have incurred VAT in relation to fund-raising transactions to consider their position, an expert has said.
Francis Keepfer tells HRNews about the new tipping laws which will impact the hospitality sector from 1 October 2024
Maria Gravelle tells HRNews about the Migration Advisory Committee’s rapid review of the Graduate route visa
New York lawyer Ben Stockam tells HRNews about the FTC’s ‘Final Rule’ banning non-competes and its prospects of becoming law
Businesses across the automated vehicle sector must actively engage with the Department for Transport through forthcoming formal consultations and informal discussion as the Automated Vehicles Act 2024 becomes law, an expert has said.
The UK’s first restructuring plan proposed by a project company on a private finance initiative (PFI) project has been launched following a convening hearing at the High Court in London.
The construction of new infrastructure projects took a relative ‘back seat’ in Australia’s recent federal budget, with major initiatives focusing on renewable energy, social housing and defence.
The UK’s Financial Conduct Authority (FCA) has set out clear “good implementation” expectations of the consumer duty requirements, with financial firms required to carefully consider their approach, an expert has said.
The UK government has said it expects to set out new sustainability reporting standards, aligned to international standards, early next year, paving the way for new regulatory obligations to be imposed on UK-listed companies in the first instance.
The recently passed Housing (Cladding Remediation) Scotland Bill goes some of the way towards bringing Scotland into line with safety developments elsewhere in the UK, an expert has said.
The AI Act, dubbed the world’s first AI law, is set to come into force in the EU within weeks after the proposed legislation cleared a final vote.
The High Court in Ireland has given guidance on when it will be appropriate for so-called modular trials to proceed before it in cases where related proceedings are ongoing before the EU courts.
Businesses have been told to expect the proposed post-Brexit reform to UK data protection laws to come to fruition this summer, with the Data Protection and Digital Information (DPDI) Bill seemingly set to pass through the parliamentary process before the UK parliament rises for summer recess on 23 July.
The UK’s highest court has clarified that there are only limited circumstances in which businesses will be required to accept non-contractual solutions to perform contracts notwithstanding the effects of a ‘force majeure’ event.
The Australian government’s recent issues paper on post-employment restraints of trade, which follows growing developments overseas towards regulating, banning or restricting the use of such restraints, is an indication for employers that Australia could be moving in the same direction.
The Australian federal government’s new market brief has provided welcome detail on the highly anticipated first tender in its capacity investment scheme (CIS), with the first round expected to help shape the sector’s view of the impact of the scheme on the energy market.
The UK Information Commissioner’s Office (ICO) has set out its strategic approach to artificial intelligence (AI) regulation, listing AI’s application in biometric technologies, protection of children’s privacy and online tracking as its three focus areas for 2024-25.
Rules on non-compete clauses are becoming increasingly strict, which impacts the ability of businesses to protect assets such as trade secrets and customer data.
The new national procurement policy statement (NPPS) issued by the UK government reflects the continued challenges of enabling SMEs to win public contracts and the increased focus on ensuring public procurement delivers social value, experts have said.
Artificial intelligence (AI) is increasingly being used in surveillance software so businesses should be aware of the risks associated with it and apply appropriate contractual measures when purchasing AI tools.
A new tranche of standard form construction contracts pertinent to minor works and sub-contracting arrangements have been released by the Joint Contracts Tribunal (JCT).
The administration of a company automatically comes to an end on the first anniversary of its commencement. However, the period can be extended beyond the first anniversary with the consent of the creditors or the court. If the extension is not validly carried out, the appointment of the administrator ends and administrators’ acts may be invalid and may constitute trespass on the company’s assets. We therefore consider the main issues that arise on administration extensions and recent court decisions.
A cornerstone of the recent Australian federal budget was the proposed introduction of the Future Made in Australia Act, intended to strengthen Australia’s international comparative advantage in key sectors by encouraging both public and private investment into those sectors.
A recent UK Supreme Court ruling clearly sets out the parameters of the law of private nuisance claims in the context of Japanese knotweed, clarifying the nature and extent of evidence needed to enable a claim to succeed, an expert has said.
Emma Lutwyche tells HRNews about the successful prosecution of a restaurant chain guilty of systematic wage theft and falsification of records
Penny Simmons tells HRNews about the make-up of IR35 training for HR professionals to help the business comply with the off-payroll working tax laws
Recently issued guidance from the Dutch data protection authority on web-scraping may impact the business model of information services providers and cause concern for those who rely on those services for a wide range of purposes, an expert has said.
A recent ruling from the High Court in South Africa highlights the gravity of the legal duty placed on legislators, the executive and the judiciary to conduct their public procurement duties in a fair, equitable and transparent manner, in line with the country’s constitution.
A new plan set out by the Irish government can drive “the next phase” in the growth of Ireland’s offshore wind industry, an expert in energy projects has said.
Victoria’s latest state budget could spell frustration for the construction industry thanks to further uncertainty over the state’s project pipeline and procurement timelines, a legal expert has said.
Measures online platforms can implement to meet their obligations to protect children from harmful content under the UK’s Online Safety Act have been recommended by a regulator.
The Football Governance Bill has passed its first hurdle in the UK parliament, after a second reading debate on 23 April that demonstrated cross-party support.
The UK government will seek to “fine-tune” its national security investment screening regime to stay ahead of potential national security threats following a recent consultation outcome and in light of recent geopolitical developments, it has announced.
The plan the UK government has set out to remain on track with its ‘net zero’ emissions targets has been ruled unlawful by the High Court in London.
The European Commission will launch a second European Hydrogen Bank auction by the end of this year, but with revised terms and conditions as it draws on the lessons learned from its pilot auction that saw seven winning renewable hydrogen projects, it has announced.
Gaps in the UK legislative and regulatory frameworks pose challenges for holding AI developers to account for risks arising from the way their systems operate – and may be exposing business users to risks they don’t fully understand, causing a negative impact on the technology’s adoption across sectors, according to the UK government.
Businesses seeking to transfer personal data from the EU to the US need to take account of the views of the European Commission when determining whether safeguards they have to apply to such arrangements can deliver compliance with EU data protection laws, a regulatory body has confirmed.
The European Commission has confirmed that Apple’s iPad operating system (iPadOS) should be designated as a “gatekeeper” service, marking the first time the regulator has made such designation based on "qualitative" criteria under the EU’s Digital Markets Act (DMA).
A UK law maker has urged the government to update copyright law to clarify the rights of copyright holders and AI developers in the age of generative AI (gen-AI).
The new engineering contract (NEC) – a suite of standard form contracts in the construction industry – is commonly used in the Hong Kong Special Administrative Region (SAR) for public works procurement.
Operators of financial markets infrastructure (FMIs), such as payment systems, have been advised to anticipate – and undertake robust testing around – “extreme but plausible” scenarios that could cause disruption to services, ahead of new rules on operational resilience taking effect in the UK next year.
A new tender announced by the Australian federal government is set to add 6 GW of new variable renewables projects, including solar and wind generation, to the country’s national electricity market (NEM), with the first auction expected to go ahead in May.
There is no EU-wide legislation currently in effect that addresses modern slavery risk, though that would change if the Corporate Sustainability Due Diligence Directive (CSDDD) becomes EU law and is then implemented in EU member states.
Newly proposed amendments aimed at updating Ireland’s corporate governance framework will provide much-needed clarity on the regulation of public limited companies (PLCs) in Ireland, a corporate law expert has said.
The number of competition cases in South Africa in which interim relief has been awarded before complaints have been fully determined has risen in recent years, according to a Johannesburg-based expert in competition litigation.
A monumental piece of litigation that has been playing out over the cost of construction work on a major project in Queensland since 2016 highlights the limitations of Australian courts’ use of referrals out of court and its potential to erode the business community’s confidence in the legal system.
Understanding the role of security of payment legislation (SOPA) in the states of Queensland and Western Australia, and its impact on emerging hydrogen extraction methods, will be crucial to the success of prospective hydrogen plant projects in Australia.
Landowners looking to grant leases to electric vehicle (EV) charge point operators (CPOs) on the back of the expected continued growth of the UK’s EV charging network are likely to face challenges if they do not ensure their leases provide them with adequate protection.
The European Data Protection Board (EDPB) has reiterated its commitment to “the smooth functioning” of the so-called ‘one stop shop’ system under the EU General Data Protection Regulation (GDPR) amidst plans for that system of enforcement to be streamlined.
A recent decision by the Court of Appeal in Ireland, affirming that the concept of ‘partial’ or ‘temporary’ frustration had no place in Irish law, offers valuable insights for the broader commercial real estate sector in relation to rental payments disputes caused by enforced store closures during the Covid-19 pandemic.
As Australia prepares for its transition to renewable energy, developers of much-needed transmission projects around the country will need to navigate recent planning reforms and landowner engagement initiatives to ensure a smooth approvals process.
A recent ruling of the New South Wales Supreme Court regarding a construction dispute underscores the need for timeliness in the amendment of pleadings to ensure parties are not prevented from pursuing claims, a disputes resolution expert has said.
A review of the litigation funding market in England and Wales and its regulation is underway, and its outcome could decide whether further regulation or safeguards are needed.
A return to the Covid era boom of private equity-backed deal making in the UK is not anticipated in 2024, but we do expect deal volumes and values to pick up as the year goes on.
Emma Johnston tells HRNews why end user clients should conduct thorough due diligence throughout their supply chains where umbrella companies are involved
Penny Simmons tells HRNews about HR’s role in ensuring that IR35 enquiry letters and questionnaires received from HMRC are not ignored by the business
A recent UK Pension Ombudsman (PO) case flags the importance of pension firms providing clear and accurate fee information to savers from the outset. However, the case highlights that it is not the PO’s role to decide whether fees charged are reasonable or fair.
The importance of having a dedicated intellectual property (IP) strategy was demonstrated recently by a tourist body in Ireland.
Trustees planning to wind-up their pension scheme seeking to obtain residual risks cover from a bulk annuity insurer should bear in mind that there may be material differences between the contractual terms and scope of the cover that different insurers offer and this can go to the heart of whether the cover is worthwhile and represents good value.
A dispute between the EU and China over fair competition has intensified after the European Commission opened an investigation into measures and practices in the Chinese procurement market for medical devices that it claims “discriminate unfairly against European companies and products”.
The European Commission has carried out its first-ever dawn raid under the EU Foreign Subsidies Regulation (FSR), reportedly on the Dutch and Polish offices of Nutech, a Chinese company that manufactures and sells security equipment.
The dispute between Getty Images and Stability AI has the potential to shape copyright licensing in the AI age and precipitate reforms to UK copyright law that, if they materialised, could materially impact how attractive the UK is viewed as a country for developing AI solutions.
Sustainability and other environmental, social and governance (ESG) factors are now more than ever driving strategic acquisitions by food and drinks companies.
The recently published update by the Joint Contracts Tribunal (JCT) clarifies treatment of liquidated damages at termination and brings the new design and build form in line with other contract types used within the UK construction sector, an expert has said.
The UK’s Serious Fraud Office’s (SFO) new five-year strategy marks a significant shift in tone for the agency under the leadership of director Nick Ephgrave, emphasising a reinvigorated and dynamic approach to tackling serious fraud, bribery, and corruption.
Employers and contractors should adopt the 2024 version of the Joint Contracts Tribunal (JCT) design and build contract as well as the design and build subcontract as soon as possible to ensure their contracts are up to date, an expert has said.
UK financial firms should look at implementing policies, processes and controls to counter risk of greenwashing following guidance published by the Financial Conduct Authority on the implementation of the anti-greenwashing rule, experts have said.
Businesses across sectors and their directors should be aware of upcoming changes to the UK’s key regulations restricting the production, sale and use of certain long-lasting harmful chemicals, known as persistent organic chemicals (POPs), as violation can lead to strict liability, a legal expert has said.
A consultation on the future VAT treatment of private hire vehicles in the UK will likely determine their legal and contracting models, as well as those adopted by other new industries using technology to connect customers to individual suppliers, an expert has said.
A new ruling by the Supreme Court in India should spur businesses to review their strategies for arbitration and enforcement of arbitral awards in the country, experts have said.
The use of artificial intelligence (AI) systems to support the recruitment of new staff or internal decision-making affecting existing employees is set to be more tightly regulated when the EU AI Act takes effect.
A newly published corporate alternative dispute resolution (ADR) policy has confirmed the route through which companies can avoid criminal prosecution for corruption in South Africa by self-reporting to the state and complying with clearly laid out principles.
The Australian government’s recently proposed reform of merger control legislation will significantly impact companies undertaking merger and acquisition (M&A) activity in Australia if their proposed mergers are over monetary and market based thresholds that are yet to be announced.
When it comes to a pension scheme buy-out and wind-up, surplus can be managed in several different ways and each option comes with its own set of legal risks and practical issues.
The UK’s Serious Fraud Office’s (SFO) new five-year strategy marks a significant shift in tone for the agency under the leadership of director Nick Ephgrave, emphasising a reinvigorated and dynamic approach to tackling serious fraud, bribery, and corruption.
Positive views on feminism within the workplace, educational facilities and wider community are shifting despite exponential growth of support in recent decades, presenting challenges for businesses integrating different generations in the workforce.
Investors in ground rents in England will take some comfort from an expected compromise by Michael Gove, the levelling up secretary, on housing law reforms that threatened to undermine the value of their investments overnight, an expert has said.
Christina Bowyer and Kieron O’Reilly explain how both governing bodies and employers can improve EDI for the benefit of pension schemes
Sustainable development has become a global priority, and the intersection between this and intellectual property (IP) rights is increasingly relevant.
A ruling requiring a Gazprom entity, RusChemAlliance (RCA), to bring an end to litigation proceedings in Russia was upheld by the UK Supreme Court on Tuesday, in a complex case that has raised questions relating to the jurisdiction of courts and the interpretation of arbitration agreements.
All construction contracts require parties to notify each other in certain circumstances in order to trigger particular entitlements.
Recent dawn raids by the Competition Commission in Hong Kong show how important it is for consultants and contractors to thoroughly review their tendering operations to ensure that they are compliant with the law, an expert has said.
Construction and engineering contractors that embody – and are advocates for – ethical practices during the rebuilding of Ukraine can help deliver real social value in their project work, as well as the modern new physical infrastructure the country needs.
Chris Thomas tells HRNews about HMRC’s new policy to no longer provide clearance in relation to termination payments outside the non-statutory clearance procedure
Rebecca Sulley tells HRNews about the UK Government’s plan to reintroduce tribunal fees and the potential impact on employers
Amy Hextell tells HRNews about practical steps firms can take to improve the recruitment and retention of people with disabilities
Recently published standards for solar photovoltaic (PV) and battery energy storage systems (BESS) demonstrate South Africa’s commitment to the roll-out of renewable energy projects while protecting environmentally sensitive areas, an expert has said.
The duties of a contractor carrying out ‘design’ are defined by the scope of work, as well as express and implied contract terms, statute and professional obligations.
Recently published proposals on a youth mobility scheme between the EU and the UK may be a positive step to help struggling sectors which have seen a significant reduction in available workers since Brexit, an expert has said.
Changes to the higher-risk building gateway approval system under the Building Safety Act 2022 (BSA) in the UK may result in significant delays to developer projects where design changes are required. Developers proposing design changes to HRBs must take account of the new regime.
Laws around whistleblowing and protection for whistleblowers are developing in the United Arab Emirates (UAE) as the country seeks to align its employment legislation with international best practice.
The UK government has said that it is “minded to introduce” a due diligence requirement for businesses that use umbrella companies in an effort to drive out “bad actors” from labour supply chains.
The solar energy and agricultural industries can expect growing opportunities in France, which has become the first EU country to enforce a legal regime on developing solar power projects on farmlands that also substantively contribute agricultural production.
Most contracts for construction works will include an extension of time mechanism, whereby the contractor will be entitled to an extension of time to the agreed completion date – the date by which the works must be completed – in circumstances where there are delays to a project which are not the contractor’s fault or for which the employer has taken the risk.
Claims for prolongation costs are a type of financial claim made by contractors in respect of late running projects.
‘Practical completion’ is a term used to describe a milestone reached in building works that has various commercial consequences.
In the construction industry, claims for disruption can be raised in circumstances where the smooth implementation of projects is affected by disruptive events, even if that disruption does not impact on the timely completion of works.
Financial services firms in Ireland should prepare now to ensure their senior executive accountability regime (SEAR) compliance plans are in place before these obligations enter into force for senior executives, an expert has said.
The UK’s Competition and Markets Authority (CMA) is concerned that the markets for the technology underpinning artificial intelligence (AI) may be developing in an uncompetitive way, which could result in reduced choice, quality and higher prices.
Financial services firms’ understanding of nature-related risk – and the action they will be expected to take to address that risk – will be “reframed” by the ongoing work of the Network for Greening the Financial System (NGFS), an expert in sustainable finance has said.
Some EU law has been carried over into UK law after Brexit, so that there would be continuity in the many areas of UK law originally based on EU law.
Germany’s Federal Ministry of the Interior and Home Affairs (BMI) has begun a review of the use of components from certain tech suppliers in 5G mobile networks, based on cyber security concerns.
Whistleblowing complaints are growing in frequency all over the world and in all kinds of organisations.
The amount of plastic packaging imported into the UK fell during the first year of the plastic packaging tax (PPT) being in effect, according to new data.
The UK government has reiterated its intention to introduce a new system of independent regulation of football in England – and has said it will introduce legislation to provide for the governance framework as soon as parliamentary time allows.
Ben Brown tells HRNews that employers will use garden leave and extended notice periods more widely when the 3-month cap on non-compete clauses is introduced
Hannah Burton and Jonathan Cowlan tell HRNews about the recent pre-legislative review of the draft Terrorism (Protection of Premises) Bill
Online platform services operated by six technology companies have been made subject to regulation under the EU’s Digital Markets Act (DMA).
Australia is widely regarded as a key player in the emerging hydrogen industry given its promising conditions for large scale renewable projects, proximity to key markets in Asia and extensive existing gas export infrastructure.
The manner in which end of service gratuity is to be handled in the UAE will be changed substantially, as employers can soon opt for an alternative end of service benefits scheme for their staff.
The International Monetary Fund’s (IMF’s) recent call on financial regulators to "strengthen their institutional capacity and intensify their monitoring and surveillance of the evolution" of generative AI is consistent with the increasing scrutiny being given to the technology. It is a topic that many financial regulators globally are already following closely.
The UK’s Financial Conduct Authority (FCA) intends to take a cautious approach, based on data, when using its new powers to ensure the continued availability of cash withdrawal and deposit facilities in local communities across the UK.
The UK’s Food Standards Agency (FSA) has updated its guidance on food allergen labelling and information requirements, providing important clarifications over the use of the so-called ‘may contain’ label by food producers and retailers.
The UK government must give the offshore wind industry “immediate assurance” over the price support they will be able to obtain in future for supplying power to Britain’s electricity grid or risk losing out on investment to other countries, an expert has said.
The UK’s Financial Conduct Authority (FCA) has issued new guidelines to financial firms after thousands of British Steel Pension Scheme (BSPS) members lost money through unsuitable pension transfer advice.
‘Power-to-X,’ often abbreviated as ‘PtX’, is a term used to describe a set of exciting new technologies that convert electrical power, usually from renewable sources like solar or wind, into different types of energy or materials.
Supporting prospective hydrogen projects into the construction phase needs to be a focus of the UK government, to convince industry that they should set up and grow their hydrogen businesses in the UK rather than other countries, an expert has said.
The Australian government has tabled a bill to amend the Fair Work Act 2009, which it says is aimed at eliminating loopholes that it considers to be jeopardising pay and conditions.
Stuart Neilson tells HRNews about the implications of the Court of Session’s decision in Ponticelli Ltd v Gallagher
MPs have voted against plans to add a broad new offence of ‘failure to prevent’ fraud, and a separate new offence of ‘failure to prevent’ money laundering, to the UK statute book.
Shara Pledger tells HRNews why now is a good time for employers to check whether their ‘right to work’ checks are sufficiently robust
A new code published by the UK government can help businesses develop innovative new transport solutions that support decarbonisation, and which comply with evolving regulation, an expert has said.
A change to planning rules made by the UK government does not address the de-facto ban on onshore wind development in England that has been in place since 2015, experts have said.
Small businesses in the United Arab Emirates (UAE) have been urged to take a proactive approach to ensure they comply with the country’s expanded ‘Emiratisation’ rules.
The UK Payment Systems Regulator (PSR) has launched two new consultations in the lead up to the implementation of its new authorised push payment (APP) fraud reimbursement requirements.
The UK’s Competition and Markets Authority (CMA) has published its long-awaited final guidance on cooperation agreements between actual and potential competitors.
The Irish Department of Environment, Climate and Communications (DECC) has taken a significant step towards a more sustainable energy future with the publication of its new consultation on ‘private wires’.
The European Commission has published the terms and conditions (T&Cs) for its renewable hydrogen production pilot auction, funded by the EU Hydrogen Bank’s (EHB) Innovation Fund.
Statistics published by the UK’s Office for Product Safety and Standards (OPSS) have found a high percentage of products tested failed to meet required regulatory standards.
The Malaysian government has released a detailed national energy transition roadmap, outlining the measures the government plans to take to reach its net-zero emissions target by 2050.
Businesses affected by strike action in Britain this year have an opportunity to help the government find a way to ensure services in six important areas impacting the economy continue to be delivered while such action is underway.
Lynette Jacobs tells HRNews about HR’s role in communicating the tax-free bonus employees can benefit from now the initial SAYE bonus rate has been set
US lawyer Ben Stockman tells HRNews about the implications for colleges and beyond of the US Supreme Court’s landmark ruling on affirmative action
Hannah Burton and Jonathan Cowlan tell HRNews about the recent pre-legislative review of the draft Terrorism (Protection of Premises) Bill known as Martyn’s Law
Housebuilders in England can expect the UK government to have to make concessions on its plans to prevent ‘nutrient neutrality’ rules from stalling development.
The Pensions Regulator has urged UK pension scheme trustees to ensure they provide accurate climate scenario analysis after research raised questions about the reliability of the data being used in annual climate reports.
Businesses involved in designing, constructing, operating and maintaining buildings are understandably considering action that will be needed to address the use of reinforced autoclaved aerated concrete (RAAC), an expert has said.
Businesses using technology to verify the identity of customers using their biometric data have been given new guidance to help them comply with data protection laws.
UK retailer Marks & Spencer has lodged an appeal against the government’s decision in the summer to refuse it planning permission for the demolition and re-development of its Oxford Street store in London.
After the launch of April’s policy prospectus was largely overshadowed by other events, Humza Yousaf will be hoping that his first programme for government as Scotland’s first minister next week is able to clearly articulate his plans for the year ahead.
A recent decision by the Supreme Court of Victoria in a case highlights the pro-arbitration aims of Australia’s International Arbitration Act, manifested in this case by the limited circumstances in which an Australian court may refuse to enforce a foreign arbitral award where the opposing side does not raise any of the other grounds listed in that legislation.
The publication of new regulatory guidance could help financial services firms satisfy themselves that the artificial intelligence (AI) systems they procure from third parties can be used in compliance with UK law and regulations, a prominent UK trade body has said.
A new code of practice aimed at balancing the rights of content creators with the desire of AI developers to train their systems using quality data is set to be finalised this autumn, Out-Law understands.
The global private funds industry must pay close attention to a major set of regulatory reforms adopted by the Securities and Exchange Commission (SEC) in the US, according to one legal expert.
Parties to international arbitration should pay close attention to the applicable limitation periods, particularly where the project involves a potential mix of applicable sources of law.
The Medicines and Healthcare products Regulatory Agency (MHRA) has announced the designation of three new approved bodies, nearly doubling the UK’s potential to endorse medical devices.
A recent ruling highlights how online marketplaces can be held liable for copyright infringement – even where the works in question have been uploaded by others, an expert has said.
The Competition and Markets Authority (CMA) has provisionally identified potential concerns it considers could form the basis of a “market investigation reference” (MIR) to assesses whether there is an adverse effect on competition in two areas of Britain’s housebuilding market.
New EU legislation impacting the digital operations of financial entities and their IT service providers is due to take effect in early 2025 – but businesses in scope of the Digital Operational Resilience Act (DORA) should not wait until next year to begin to prepare.
Draft legislation adopted by the German Federal Cabinet paves the way for reform of Germany’s stock corporation and capital markets laws, with a view to strengthening Germany as a financial centre and improving conditions for start-ups, growth companies and SMEs in particular.
The EU’s highest court has been asked to clarify whether fines imposed on subsidiaries under the General Data Protection Regulation (GDPR) should be calculated with reference to the total revenue of the corporate group that they are a part of.
An increasing number of general practitioners (GPs) in Australia are abandoning so-called ‘bulk billing’ – the flat rate consultation payment provided by the country’s publicly-funded Medicare insurance scheme.
The Federal Court of Australia has ruled that junior doctors must be paid for overtime work, in a first of its kind class action against hospital Peninsula Health.
A new policy framework on the use of diversification leases, issued by the land regulator in Western Australia, provides new and valuable insight into the operation of diversification leases in the state.
A recent reprimand issued to Airbnb by Ireland’s data protection authority can help other businesses comply with rules on data minimisation and retention in the General Data Protection Regulation (GDPR), and avoid ‘purpose creep’, an expert has said.
A South African Court has confirmed that even if an enrichment claim is not grounded in contract, an arbitration clause can still provide an arbitrator with the requisite jurisdiction to rule on the claim.
New legislation about to enter into force will support group restructurings involving Dutch entities, an expert has said.
Mining companies must remain vigilant to corruption risks despite recent announcements by the UK’s Serious Fraud Office (SFO), an expert in managing bribery and corruption risk has said.
We can expect continuous evolution of the regulatory environment for offshore wind in Australia in the coming months as the sector continues to develop and grow and regulators, including the Offshore Infrastructure Registrar (OIR), build and improve their processes.
The Supreme Court of New South Wales dismissed a head contractor’s application for a ‘Grosvenor stay’ on enforcement in a recent case as there was no prejudice to the head contractor, and ordered the adjudicated amount to be paid into the subcontractor’s lawyer’s trust account instead.
Data protection authorities (DPAs) have advised social media companies and website operators to implement “multi-layered technical and procedural controls” to guard against unlawful data scraping.
New regulations that set out what landlords, building managers, and other duty holders will have to do to comply with building safety requirements when ‘higher-risk’ buildings are occupied in England, have been published by the UK government.
More than 10,000 kilometres of new transmission lines is required in Australia in the coming years, to upgrade the grid and accommodate the raft of new energy projects in the pipeline.
Football clubs have been advised to familiarise themselves with new FIFA regulations governing the conduct of football agents, which are due to come into force on 1 October 2023.
National Rail, the UK's railway infrastructure company, is set to face charges in relation to the 2020 Stonehaven rail crash.
The latest gender pay gap (GPG) figures for the 2022-23 reporting period highlight that, while positive changes are happening in businesses across the UK, the cost-of-living crisis has made eliminating the gender pay gap a more urgent task than ever.
New legislation issued confirms the documents – and contents of those documents – that industry will need to submit to create the ‘golden thread’ of accurate, up-to-date, information about buildings, and ensure proposed new ‘higher-risk’ buildings in England pass through new building control ‘gateways’ permitting their construction and certifying their completion.
A data protection watchdog has called on EU law makers to place tighter restrictions on the type of ‘customer data’ earmarked for new data sharing schemes within the financial services sector.
A pair of new health and safety rulings demonstrate how Scottish courts are increasingly mirroring their English counterparts when determining fines, according to two legal experts.
A review of the business impact of the supplementary protection certificate (SPC) manufacturing waiver sets out a coherent case for reforming the regime.
Plans to relax UK prescribing laws are “eminently sensible” and will improve efficiency within the dental healthcare system, according to one legal expert.
A US utility company has said it expects to invest at least $350 million over the next few years to clean-up so-called ‘forever chemicals’ from its water systems – and that it is pursuing the recovery of those costs from “polluters” through the courts.
The Chamber of Commerce of Milan (CAM) is Italy’s first national arbitration centre and has promoted arbitration nationally and internationally with great success.
Legal technology has not yet developed to the point that it provides a silver bullet for all in-house legal teams’ needs.
Microsoft has committed to divesting cloud gaming rights pertaining to games made by Activision Blizzard for 15 years in a bid to gain UK clearance from the Competition and Markets Authority (CMA) for its acquisition of the games company.
Contractors and developers in England will welcome clarification given by the UK government on the process for satisfying building safety regulations in ongoing projects once new legislation takes effect in October, an expert has said.
A recent decision by the New South Wales Supreme Court presents a timely reminder that parties must pay close attention to the formalities surrounding an application to set aside when facing a statutory demand for payment of an adjudicated amount.
The UK government has granted a general licence to enable UK lawyers to provide legal advice to non-UK individuals and businesses in relation to their compliance with international sanctions on Russia, without breaching UK sanctions regulations themselves.
New rules issued by Saudi Arabia’s central bank (SAMA) to regulate tech-based insurance activities are part of a major package of reforms that will boost the financial services sector, according to one legal expert.
The ease with which businesses can access capital and expertise, together with proportionate, bespoke regulation for the sector, will attract a growing number of space companies to establish operations in Luxembourg, experts have said.
The state government of Queensland has opened a consultation on proposed updates to its wind farm development code and related planning guidance.
A new law that will enable Germany’s highest court to provide its opinion on fundamental questions of law arising in mass action cases – cases that involve a large number of individuals with identical or similar claims has been adopted by the German government.
The Bribery Act 2010 (the Act) came into force in April 2011, overhauling UK anti-bribery legislation.
The court in Hong Kong Special Administrative Region (SAR) has granted an extension of time in an eight-month late application to set aside an enforcement order of an arbitral award due to serious errors – one of the exceptional cases in which this can be done.
The Taiwan authority will offer credit guarantees for green electricity corporate power purchase agreements (PPAs) in a bid to improve access to bank financing for offshore wind farm projects, according to local press reports.
When public bodies in the UK take decisions, they are often subject to statutory or common law duties that require them to first consult people who may be affected by the decision.
The construction industry is notoriously sensitive to interest rate movements, making slowdown in volumes of construction work and related disputes likely in the current high interest rate environment.
As data centres grow larger and more energy intensive, careful consideration at the planning and construction stages can reduce climate impact and cost.
‘Set off’, ‘abatement’ and ‘counterclaim’ are all commonly deployed terms in legal arguments concerning the reasons why a party is unwilling to pay for construction work.
A consultation on proposed consumer protection requirements for Great Britain’s heat networks regulatory framework has been welcomed by legal experts.
New UK sustainability corporate disclosure standards are expected to be endorsed by the UK government by July 2024.
A recent joint statement on building safety demonstrates UK regulators’ willingness to use their new enforcement powers, according to one legal expert.
Transport for London’s (TfL) recent £10 million fine for health and safety failures reveals some key matters stakeholders must fully understand and address if similar catastrophic consequences are to be avoided in the future.
Businesses are likely to welcome plans for reform of UK product safety rules, according to experts who have considered the proposals.
An employment ruling in the Qatar Financial Centre (QFC) highlights why employer policies need to strike the right balance between legal compliance, employee protection and commercial freedom, according to one legal expert.
Businesses operating in the UK face enforcement action under data protection, consumer protection and competition law if their design of websites and apps leads to user risks or harm, two authorities have warned.
Public and private sector bodies are being urged to participate in the second part of the UK government’s consultation on draft regulations that seek to clarify certain aspects of the upcoming Procurement Act.
The Court of Appeal in the Hong Kong Special Administrative Region (SAR) has recently restored the ‘no consent’ scheme for the treatment of potential proceeds of crime, previously declared unlawful by the lower court.
Conversion of ‘casual’ employees to permanent status, ‘same job same pay’ rules and more rights for gig workers will be the major areas targeted for reform in the third - and perhaps not final - series of workplace law changes likely to be tabled by the Australian federal government in September.
Following the government’s publication of a near-final version of the new UK Securitisation Regulation two UK regulators, the Prudential Regulation Authority (PRA) and the Financial Conduct Authority (FCA), have followed up with new consultation papers.
Data is at the heart of business success, enabling better decision-making and the creation of new business models, and underpinning effective artificial intelligence (AI).
Last month, the South African Department of Trade, Industry, and Competition (DTIC) announced the launch of an ‘energy one-stop shop’ (EOSS) to reduce the red tape surrounding energy projects.
Recent charges brought by the UK’s National Crime Agency (NCA) highlight the need for businesses to be alert to the risk of bribes being solicited to move their projects forward, an expert in managing corruption risk has said.
Japan and the Middle East have signed several agreements to cooperate on hydrogen and other energy transition technologies.
New guidance on the types of data protection clauses expected in data processing agreements and abbreviated standard contractual clauses (SCCs) for use in international personal data transfers have been issued by authorities in the Dubai International Financial Centre (DIFC).
Trustees may assume that they can always use pension scheme assets to meet their financial obligations to insurers stemming from buy-ins, longevity swaps and other transactions.
It is common practice for trustees to seek commitments from insurers about the extent to which they can accommodate core legal and commercial terms before exclusivity over the transaction is granted.
In the context of pension scheme buy-ins, there may be a need for trustees and insurers to negotiate contract terms to reflect the potential for insurance premiums quoted to be adjusted following the data cleanse exercise.
It is becoming increasingly popular for trustees of larger pension schemes to obtain ‘residual risks’ insurance cover to protect them against the risk of future claims or disputes following a buy-out of the scheme.
Pension trustees want an insurance policy which closely reflects their scheme’s benefit structure, as this is critical to obtaining a discharge from liability on buyout and winding-up.
Trustees of pension schemes should consider some core questions to help them reduce risk when executing pension scheme longevity transactions.
With an increasing number of pensions schemes in a position to secure a full buy-in and then wind up, the buy-out clauses in bulk annuity policies are coming under closer scrutiny, trustees will want to understand what the typical provisions governing buy-out are.
A new ruling by the Upper Tax Tribunal has given further guidance on the proper interpretation of the UK’s rule that prevents deduction of interest for tax purposes where a loan is entered into for an “unallowable purpose”.
Pension trustees need to consider what outcomes they want to achieve for their scheme and develop a forward-thinking endgame strategy to enable them to deliver them.
Pension scheme trustees need to consider the extent of their powers under scheme rules to exercise discretionary powers to apply increases to members’ benefits beyond those the members are legally entitled to – particularly during periods of high inflation.
A bulk annuity insurer will want to ensure that it has accurate quotation data in order to price the deal accurately and prevent it inheriting problems, while pension scheme trustees will want warranties regarding accuracy of quotation data to reflect what they are already planning on doing, rather than the warranty terms driving their approach.
There has been an increased focus on data protection provisions in pension risk transfer transactions ever since the General Data Protection Regulation (GDPR) came into effect on 25 May 2018.
Robust anti-doping procedures and enforcement is vital to maintain the integrity of sporting competitions, experts have said.
New guidelines and relevant resources have been published by the Australian Human Rights Commission (AHRC) to help employers comply with the new positive duty to eliminate sexual harassment and discrimination in the workplace.
UK employers that make ‘save-as-you-earn’ (SAYE) schemes available as part of employee remuneration packages should develop communication strategies that explain the tax-free bonus employees can benefit from, now the initial bonus rate has been set, an expert has said.
UK employers should review and, if necessary, update the procedures they have in place to ensure employees have a ‘right to work’ in the UK before more robust sanctions take effect next year, an expert in immigration law has said.
The precise difference between the definition of a contractual notice and a condition precedent notice can be difficult to discern.
Employers occupying commercial property and businesses that own or operate blocks of flats are among those being urged by building safety experts to prepare now for new fire safety obligations set to take effect in England.
A new ruling by the UK Supreme Court, coupled with another recent judgment, will support trustees in bankruptcy in carrying out their duties free from undue interference, an insolvency law expert has said.
UK food producers should review their supplier contracts to ensure they mitigate the risk of contamination and allow for swift, robust action in the event of a contamination incident, experts have said following a recent government risk warning.
Germany’s Supreme Court (BGH) has ruled that EU member states are allowed to use national judicial protection against arbitral proceedings initiated by investors from other member states.
The Court of Arbitration for Sport’s (CAS) decision to uphold new regulations for professional football agents has been welcomed by one legal expert
The UK’s automotive sector would benefit if the major political parties in the country rally behind an ambitious long-term strategy that builds on the existing manufacturing base and strengths in research and development.
The High Court in London has blocked the BBC’s efforts to limit the costs of its future defined benefit (DB) pension obligations, in a rare decision of its kind.
Plans for a series of new electricity interconnectors between the Republic of Ireland and its neighbours will help tackle high energy prices and deliver on key climate goals, according to one legal expert.
Courts in Germany are imposing increasingly stringent requirements on the conditions under which companies can make environmental claims such as ’climate neutral’ and ’environmentally neutral’ in their advertising, according to experts in advertising law at Pinsent Masons.
Law Commission proposals for how digital assets should be treated in English common law are “reassuring” and will help eliminate uncertainty over their legal status, according to two legal experts.
Private sector investment in the renewables projects Britain needs to deliver its ambitions of decarbonising the power sector is at risk due to a lack of clarity over long-term policy on electricity licence exemptions, an expert has said.
New guidance issued by the UK’s Financial Conduct Authority (FCA) can help financial services firms support retail investors in a manner that meets their obligations under the new ‘consumer duty’ without straying into providing more strictly regulated financial advice, according to experts.
The post-Covid business world is no stranger to the increased integration of technological advancements into business practices and the execution of contracts through electronic means, which has become more and more common.
The UK’s chronic shortage of skilled cyber security professionals, highlighted in a recent government report, is a “ticking time bomb” for the industry according to one expert.
African countries are “racing” one another to become the location of choice for the continent’s growing arbitration market, according to one legal expert.
International students come to the UK in high numbers: the latest figures suggest that more than 463,000 student visas were secured in the year ending September 2022.
Singapore’s parliament has passed two bills to allow legal documents to be signed and oaths to be taken electronically.
New regulations for payment services issued by the Saudi Arabia Central Bank (SAMA) will boost international investment in the country’s economy, according to one legal expert.
Higher education institutions (HEIs) should not rush to amend their disciplinary procedures – but they may want to review their training and guidance – in response to a landmark High Court ruling in England, according to one legal expert.
Proposals to boost the economic viability of geothermal energy projects could help the UK catch up with its European neighbours, according to an energy law expert.
The recent grant of a development consent order (DCO) for the planned Longfield Solar Farm in Essex demonstrates the importance of early community engagement and thorough preparation for planning application examination.
The decision to lift temporary Covid-19 restrictions on winding-up petitions in the UK has prompted an increase in the number of potentially void dispositions – that is, payments or other dispositions of company property made after the petition is put in place.
The UK government has announced an “indefinite” delay to the deadline for ending the use of the CE product mark on certain products on the market in Great Britain.
A raft of proposals designed to help resolve private finance initiative (PFI) disputes in the UK have been welcomed by one legal expert.
Private finance is an essential component of UK plans to meet its climate commitments, according to two experts.
Business immigration relates to the taking up by foreign nationals of gainful employment in another country.
A decision by the Johannesburg High Court should be seen by contracting parties as a reminder to ask the difficult questions when ensuring strict compliance with procurement processes.
The World Ethical Data Foundation (WEDF) has published proposed new guidelines for the ethical and safe use of artificial intelligence (AI).
The growth of environmental, social, governance (ESG) focused investments in recent years has increased the risk of ‘greenwashing’, which threatens the soundness of and trust in the sustainable finance market.
A provisional agreement on new rules for European capital markets will provide greater clarity and certainty, according to legal experts.
The existence of judicial review (JR) proceedings can, in the right circumstances, be a reasonable excuse for non-payment or late payment of UK tax, the Court of Appeal has confirmed.
An influential committee of MEPs is proposing to recommend against the adoption of ‘Privacy Shield 2.0’, a proposed new framework to help businesses transfer personal data from the EU to the US in line with the requirements of EU data protection law.
The Consumer Duty, which comes into force today, is the “most significant change to financial services regulation” in a decade, according to one legal expert.
One of the essential functions of financial markets is to price risk to support informed, efficient capital-allocation decisions.
British employers facing industrial action have been urged to review their contingency plans after a High Court decision struck down rules allowing agency staff to perform the roles of striking workers.
A landmark UK Supreme Court ruling on third-party litigation funding rules poses challenges for existing and future collective proceedings, according to two legal experts.
The UK Financial Conduct Authority’s (FCA) decision to postpone new sustainability disclosure rules for a second time was likely influenced by the “suboptimal” effects of imposing similar requirements in other jurisdictions, according to one legal expert.
Key provisions of the new Foreign Subsidies Regulation (FSR) that allow the European Commission to investigate foreign subsidies have now come into force.
The Financial Conduct Authority (FCA) has launched a consultation on new guidance for financial promotions on social media.
The Australian government has announced its second offshore wind zone, which will support onshore manufacturing and energy security in New South Wales (NSW) in future.
A corporate group that disposed of a subsidiary to fund the development of a new hotel should be allowed to recover the VAT incurred on the professional fees it incurred in order to achieve the sale of the shares, the UK Upper Tribunal has confirmed.
Rebecca Sulley tells HRNews about her recent experience of judicial assessment and judicial mediation
Shuabe Shabudin tells HRNews about the government’s long-awaited response to its consultation on ethnicity pay gap reporting
Economic instability, spiralling inflation, cost escalation, fluctuating exchange rates and general uncertainty are placing projects under economic pressure, increasing the risk of contractual default and termination.
Western Australia (WA) has started operating its green energy approvals group to help to streamline the approval process of environmental assessments for renewable energy and hydrogen projects.
Many businesses seeking to transfer personal data from the EU to the US may still rely on exiting transfer mechanisms despite the fact the EU-US Data Privacy Framework (DPF) is now in effect, a data protection law expert has said.
Companies wishing to make positive environmental claims in their advertising campaigns must properly contextualise the claims within the wider activities of the business and tell a balanced story, or their ads could be banned by the UK’s advertising watchdog for being misleading.
The First-tier Tax Tribunal has barred HM Revenue & Customs from taking any further part in proceedings against a taxpayer, Ebuyer (UK) Limited (Ebuyer), because of its failures to comply with directions – an ‘unless order’ – issued by the tribunal.
Major cloud service providers and other businesses that provide services to financial services institutions could face direct regulation by the UK’s Financial Conduct Authority (FCA) in future, the regulator’s chief executive has confirmed.
Rebecca Sulley tells HRNews about ‘dispute resolution appointments’ which are being trialled in the West Midlands and Bristol
Anne Sammon and Kate Dodd tell HRNews about implementing positive action in the workplace
Regulators in mainland of China and the Hong Kong Special Administrative Region (SAR) have signed an agreement on cross-border data flow in the Guangdong-Hong Kong-Macao Greater Bay Area (GBA).
The UK government should take time to design and implement a new R&D tax relief scheme and not rush through legislation, a tax expert has said.
The recent decision in relation to Marks & Spencer’s flagship Oxford Street store highlights the increasing scrutiny being placed on the embodied carbon associated with re-development.
A new ‘contract management playbook’ is to be developed by the UK government, with industry invited to help shape its contents.
A recent unanimous ruling of the Court of Appeal has reiterated the willingness of the courts of England and Wales to consider and apply the purpose of the Electronic Communications Code (the Code) when seeking to interpret provisions of the Code that lack clarity – to the benefit of both operators and infrastructure providers alike, experts have said.
Francis Keepfer tells HRNews about research showing a ‘mixed picture’ when it comes to support at work for the LGBTQ+ community
Zoe Betts tells HRNews about the steps employers should take to minimise the risk of COVID-19 reinfection in the workplace
Financial institutions in the UK can lawfully send customers neutral information comparing the savings products they provide without needing the customers’ consent to do so, two regulators have confirmed.
The organisation behind the most commonly-used standard form contract for construction in the UK has said that a new set of contracts will be published in spring and will be called JCT 2024.
Changes to UK tax authority HM Revenue and Customs’ (HMRC) ‘contractual disclosure facility’ (CDF) make clear that it “expects absolute candour” from people and companies with deliberate tax irregularities, according to one legal expert.
A Singapore employer and union task force has published recommendations to the government on how best to support local professional, managerial and executive workers (PMEs).
Singapore will roll out new measures to help the retention of work permit holders (WPHs) and tackle the manpower shortage issue that firms in the construction, marine shipyard and process (CMP) sectors are facing.
Singapore’s Jobs Growth Incentive (JGI) scheme supported 270,000 jobs between its launch in August and February, according to the government.
The construction, marine and process (CMP) sectors have started bringing in migrant workers from India under a pilot programme to ease the labour crunch.
Singapore’s Ministry of Manpower (MOM), the National Trades Union Congress (NTUC) and the Singapore National Employers Federation (SNEF) have jointly issued guidelines on Covid-19 vaccination in Singapore workplaces.
Singapore has announced plans to allow vaccinated residents of nine more countries to travel without quarantine.
Employees in Singapore who are fully vaccinated or have recovered from the disease within 270 days will be allowed to return to workplaces from 1 January 2022.
Singapore and Malaysia have agreed to launch their first land-based vaccinated travel lane (VTL) on 29 November.
Current employers of non-Malaysian work permit holders (WPHs) in Singapore who are transferring employment will be allowed to share the costs associated with their stay-home notices and related Covid-19 tests with subsequent employers.
Singapore has announced that it will expand its vaccinated travel lanes (VTLs) to Indonesia, India and three Middle Eastern countries.
Singapore will open vaccinated travel lanes (VTLs) to another six countries from the middle of December, bringing the total number of air VTLs announced to date to 27.
The retirement and re-employment ages in Singapore will be progressively raised to 65 and 70.
Over 140,000 employers in Singapore will receive a share of S$2.2 billion ($1.6bn) under the Jobs Support Scheme (JSS) starting from 30 June.
Singapore will raise the retirement age to 63 and the re-employment age to 68 from 1 July 2022.
Foreigners who are staying in Singapore on Dependant’s passes (DP) will have to apply for a work pass and would no longer have the option to work on a letter of consent from 1 May.
The Economic Development Board (EDB) plans to launch a new work pass to attract foreign technology professionals and experts that plan to start business in Singapore.
Employers in Singapore will not have to pay income tax on wage subsidies they receive under the Jobs Support Scheme (JSS).
The Singapore government is expecting to receive recommendations for reform of workplace anti-discrimination law in the first half of 2022, a minister has said.
Singapore has announced measures that its government said would protect workers against discrimination related to gender, age, race, religion or disability.
Singapore’s Ministry of Manpower (MOM) will extend its local job support scheme by six months, to March 2022.
Singapore’s short-term pass holders who have been in Singapore for an extended period can now get Covid-19 vaccinations under the national vaccination programme.
Singapore has frozen all new ticket sales for vaccinated travel lane (VTL) flights and buses for travel into Singapore from 23 December until 20 January.
Singapore will freeze all new vaccinated travel lanes (VTLs) and planned relaxations on social measures.
Travellers who are using the vaccinated travel lane (VTL) between Singapore and South Korea will not need to serve quarantine despite of current new border restrictions in South Korea.
Citizens of either Singapore or Malaysia will be able to travel between the two countries via the land vaccinated travel lane (VTL) effective from 20 December.
Malaysians who are permanent residents (PR) in Singapore will be able to travel to Malaysia for short term leave and return under new changes to the Periodic Commuting Arrangement (PCA).
The Singapore-Hong Kong Air Travel Bubble (ATB) will be reviewed and is expected to start in July.
Singapore's Ministry of Manpower (MOM) has clarified rules governing the work rights of some employees of foreign multinational companies.
The department of energy (DoE) of the Philippines has announced who the successful bidders were for its second round of green energy auctions.
The UK government has announced a package of reforms to tighten limits on future CO2 emissions in carbon-intensive industries and support investment in greenhouse gas removal (GGR) technology.
The Financial Conduct Authority (FCA) has warned all firms that market qualifying cryptoassets to UK consumers to ensure they are compliant with the financial promotions regime ahead of its expansion to include qualifying cryptoassets on 8 October 2023.
Recent prohibitions placed on the legal advice by UK nationals and overseas nationals when in the UK can provide to international businesses on their activities with links to Russia are to be eased, the government has confirmed.
The courts in the UK should not be drawn into considering policy when examining if climate decision-making has been lawful, a High Court judge has said.
Businesses are making fewer notifications under the UK’s National Security and Investment (NSI) Act than the UK government expected when it proposed the legislation, according to a new report. However, a lengthy review process is being used for notifications that are subject to a final order.
Singapore has suspended reciprocal green lane (RGL) coronavirus travel arrangements with Malaysia, Germany, South Korea for three months effective from 1 February.
Platform workers in Singapore are set to gain more bargaining power on issues such as earnings and welfare after the government accepted an industry workgroup’s recommendations for reform.
The Singapore financial regulator has announced support schemes for early-career financial services employees.
Fully vaccinated travellers from Singapore have been allowed to fly into India without serving quarantine since 9 December.
Singapore has reopened the system through which it requires companies to identify their beneficial owners to a regulator. They must do this by June or face $5,000 fines.
Over S$3 billion ($2.2bn) will be paid to 150,000 employers in Singapore under the Job Support Scheme (JSS) from 30 March, benefitting more than two million workers.
Singapore and Malaysia have agreed to launch a vaccinated travel lane (VTL) between Changi airport and Kuala Lumpur international airport on 29 November.
Singapore’s Ministry of Manpower (MOM) is temporarily lifting some work permit renewal and other conditions to ease labour shortages due to Covid-19 related border closures.
Singapore and South Korea started talks on an air travel bubble (ATB) in March, according to Strait Times
Individuals involved in a class action-style claim raised against a London university have been told to pursue their claims via alternative dispute resolution (ADR) before their case before the courts goes any further.
Growth of the offshore wind market in Ireland will be pivotal to Ireland’s ambitions for growth in the production, use and export of renewable ‘green’ hydrogen, experts have said.
Anne Sammon tells HRNews about an important difference between flexible and hybrid working policies which is often misunderstood
Shara Pledger and Alex Wright tell HRNews about planning graduate and student recruitment for 2024
Payments a Canadian company received in connection with the extraction of oil from the UK continental shelf were not subject to UK tax, the Court of Appeal has ruled.
Legislative reforms recently finalised in Luxembourg are sensible and helpful to the country’s investment funds industry but represent an evolution rather than a revolution.
The gross performance of investments and the results of a standardised member satisfaction survey will factor into future assessments of whether defined contribution (DC) pension schemes in the UK provide value for money (VFM), it has been confirmed.
Singapore and India have agreed to resume commercial passenger flights between the two countries effective from 29 November.
Singapore employers with at least 10 employees will have to notify the Ministry of Manpower (MOM) of all staff retrenchments or redundancies regardless of the number of employees affected from 1 November.
Singapore and Australia are considering creating an air travel bubble to allow residents of the two countries to travel without the need for quarantine.
Singapore will introduce significant changes to its employment permit process from next year, including a new points-based assessment.
Singapore has announced a number of measures to support employers and workers as part of the country’s 2022 budget.
The Singapore's Worker's Compensation Act (WICA) may be extended to apply to certain type of ‘employee-like’ gig workers to provide them greater financial protection when they get injured.
Singapore’s Accounting and Corporate Regulatory Authority (ACRA) has proposed corporate governance and regulatory changes to boost the city-state’s compliance with global standards.
Businesses in Singapore have been advised to review their business continuity plans (BCPs) in the context of short-term staff shortages due to increasing numbers of Covid-19 Omicron cases.
Singapore's Ministry of Finance (MOF) will increase the share of wage increases for local lower-wage workers it co-funds under the Progressive Wage Credit Scheme (PWCS).
Employers in Singapore will no longer need to notify the Ministry of Manpower (MOM) about cuts to employee wages with effect from 1 August.
Vaccinated travellers will be able to fly into Singapore from Hong Kong, Qatar, Saudi Arabia and the United Arab Emirates without quarantine from 25 February.
Singapore’s High Court has overturned a decision to award work injury compensation to the family of a man who died of a heart attack during working hours.
Singapore has published a career planning guidebook to help employers implement a process to engage senior workers on career and skills development.
A new ruling has highlighted how claims concerning building defects that would otherwise be time-barred can still be raised under the 2022 Building Safety Act, an expert has said.
The terms ‘assignment’ and ‘novation’ are sometimes used interchangeably in relation to construction projects, but they are, in fact, very different.
A recent judgment by the High Court in South Africa confirms that the merits of a motion must be considered before a judge exercises their discretion to dismiss a claim, or strike out a defence, for failure to comply with the filing timelines in the Courts Practice Manual.
A new UK inquiry launched to examine how well artificial intelligence (AI) text generators are regulated should take time to consider the relationship between their size and performance, according to one legal expert.
The upcoming ban on gambling companies appearing as front-of-shirt sponsors for English Premier League football clubs marks a significant step in the industry’s self-regulation to promote socially responsible sport sponsorship.
Singapore’s central bank has launched a public consultation on the detailed threshold and criteria for incorporating the financing of phasing out coal-fired power plants into its green finance taxonomy.
A landmark new ruling from the Court of Appeal in England has established a very clear set of principles that apply to serial adjudications.
The European Commission has adopted final regulatory technical standards (RTS) on risk retention under the EU Securitisation Regulation, a move that has been long-awaited by the market and will provide welcome clarity, according to a legal expert.
Amazon has lodged legal proceedings challenging the designation of its Amazon Store service as a ‘very large online platform’ (VLOP) under the EU Digital Services Act (DSA).
Jon Fisher tells HRNews why so many large employers have been caught out underpaying the national minimum wage
Anne Sammon tells HRNews about the Employment Appeal Tribunal’s decision in Higgs v Farmor’s School
Action taken by the UK Financial Conduct Authority (FCA) against a pensions adviser who gave unsuitable advice shows the regulator’s new focus on the impact such breaches have on vulnerable consumers, according to two legal experts.
The UK government has confirmed that it expects to lay new legislation reforming several areas of financial services regulation that currently have their basis in retained EU law before the end of the year.
The UK Supreme Court’s unanimous ruling that Barclays Bank did not owe a ‘Quincecare’ duty to two of its customers who fell victim to an authorised push payment (APP) fraud was widely expected, according to one legal expert.
The UK Financial Conduct Authority (FCA) has launched a consultation on a proposed regulatory framework for systems that provide real-time market data for investors.
Singapore’s parliament has recently passed legislation that grants the government the authority to swiftly remove criminal online content.
Draft new arbitration rules published by the Cairo Regional Centre for International Commercial Arbitration (CRCICA) place even more emphasis on procedural efficiency, according to one legal expert.
The European Commission has formally endorsed the EU-US Data Privacy Framework (DPF) in a move designed to support trans-Atlantic data flows.
Maria Gravelle and Shara Pledger tell HRNews why employers should keep in touch this summer with students they plan to employ
Large non-listed companies in Singapore may be required to make mandatory climate-related disclosures from 1 January 2027 onwards under plans published by regulators.
Shara Pledger and Alex Orr tell HRNews about challenges with graduate recruitment post-Brexit in the absence of the resident labour market test
A new agreement seeks to encourage the scaling up of green hydrogen production in South Africa and its subsequent sale to businesses in Germany.
The UK Competition and Markets Authority (CMA) has published the results of its road fuel market study and set out its proposals to increase transparency in fuel prices.
The European parliament’s proposed new rules to strengthen regulation of third-party litigation funders could be postponed, as the Commission has reportedly planned to conduct a mapping study of the existing European litigation funding landscape before rolling out any new rules.
The release of new guidance on 'regulatory references' should prompt financial services firms subject to the Senior Managers and Certification Regime (SMCR) to review their recruitment practices and the way they share information on former employees with others in the sector, an expert in financial services and employment law has said.
The Senior Managers and Certification Regime (SMCR), which is designed to make individuals at financial firms more accountable, will apply to insurers from 10 December 2018.
Following the fall out from the 2008 financial crisis and subsequent high profile banking conduct scandals including PPI mis-selling and LIBOR manipulation the UK set up the Parliamentary Commission on Banking Standards (PCBS) to conduct an inquiry into professional standards and culture in the UK banking sector and to make recommendations for action.
New UK regulations place restrictions on the legal advice UK lawyers – including those operating in-house at UK businesses – can provide non-UK individuals and businesses with on their activities with links to Russia.
Businesses subject to investigation under the EU General Data Protection Regulation (GDPR) are to obtain new rights of access to information relating to those investigations, under new plans put forward by the European Commission.
Technology is available to help combat online abuse directed at athletes, an expert has said.
UK venues have been urged to ensure that any outdoor electrical equipment they operate is safe this summer.
The UK government’s decision to abandon its plan for sweeping reforms to human rights legislation comes as no surprise, according to one legal expert.
Kate Dodd tells HRNews about HR’s role in understanding AI technology used in the workplace
The UK’s Information Commissioner’s Office (ICO) has published new guidance on the use of ‘privacy-enhancing technologies’ (PETs) for data protection officers and bodies that handle large personal data sets.
Kate Dodd tells HRNews about D&I consultancy Brook Graham’s approach to measuring inclusion
Local authorities in Scotland could be given the power to charge tourists a visitor levy under new legislation, which experts have warned will add to the burden on local councils and hospitality businesses.
A new ruling by the High Court in London could spur a rise in the number of disputes over the cause of building defects between businesses insured under ‘construction all risk’ (CAR) policies and their insurers, an expert has said.
Fully vaccinated long-term pass holders (LTPHs) in Singapore no longer need approval before entering Singapore, the Ministry of Manpower (MoM) has announced.
Singapore’s Ministry of Manpower (MOM) took enforcement action against more than 9,000 workplace safety breaches in the first half of 2022, according to a recent report.
Singapore’s National Trade Union Congress (NTUC) plans to give around 1,000 local firms up to S$70 million (US$50m) over the next four years for workplace “transformation” projects.
Singapore will launch a career conversion programme aimed at ‘upskilling’ those who work in human resources (HR) in June, the minister for manpower has announced.
Small and medium sized businesses (SMEs) in Singapore are working with the country’s labour union to tackle gender bias and harassment in the workplace.
Financial institutions in Singapore have set out the 12 technical skills and competencies they deem necessary for individuals who are in the industry dealing with sustainable finance.
Travellers from Singapore to Malaysia via the air and land vaccinated travel lane (VTL) will no longer need to take daily Covid-19 tests for six days after arrival, the Malaysian health minister has announced.
Two energy suppliers’ decisions to stop using Renewable Energy Generation of Origin (REGO) certificates to demonstrate the renewable nature of green tariffs over ‘greenwashing’ concerns have been welcomed by legal experts.
Competition authorities in the EU can make a finding that a business breaches data protection legislation when conducting a broader examination of whether the business has abused a dominant market position, the EU’s highest court has said.
The UK’s Competition and Markets Authority (CMA) is gearing up to embrace the broader powers and enforcement tools it will have to boost competition as well as enhance consumer protection in the digital age, according to its submissions to parliament on the Digital Markets, Competition and Consumers (DMCC) Bill.
Data regulators in the Hong Kong Special Administrative Region (SAR) and the Philippines have signed an agreement to work together on protection of personal data privacy.
The Ministry of Manpower (MOM) in Singapore and Singapore’s other labour regulation tripartite partners are developing a set of guidelines on including non-compete clauses in labour contracts, according to local press reports.
Kieron O’Reilly tells HRNews about a tool developed to help forecast workforce demographics over a 5 year period and plan accordingly
The US government has said it has implemented “privacy and civil liberties” safeguards relevant to how EU citizens’ data may be handled by US authorities in a move designed to facilitate the free flow of personal data across the Atlantic.
Shuabe Shabudin tells HRNews about the link between attracting and retaining talent and progress on ethnic diversity
Kieron O’Reilly tells HRNews about the benefits of conducting an organisational culture review
The UK’s Financial Conduct Authority (FCA) has finalised rules requiring UK listed companies to set out in their annual reports whether they have met board diversity targets.
BlackRock’s resistance to extreme or prescriptive climate-related shareholder proposals is simply reflective of the legal position under UK company law, an expert has said.
Initial data from the Unified Patent Court (UPC) indicates that some of the early case law will be determined by reference to pharmaceutical patents, with life sciences companies, ahead of automotive manufacturers and technology providers, leading the way in filing cases in the early weeks of the new court’s operation.
A new offence of failing to prevent money laundering should be added to the UK statute book, according to law makers in the House of Lords.
Emergency arbitration gives parties a mechanism to obtain interim relief without waiting for the constitution of the arbitral tribunal that is to finally determine an issue in dispute, something which can often take several months.
The 1999 FIDIC Red Book of standard form construction contracts introduced the dispute adjudication board (DAB) as part of a contract-specific tiered dispute resolution process.
The updated 2017 FIDIC Red Book incorporates enhanced dispute board provisions, designed to assist the parties in dispute avoidance as well as dispute resolution.
Businesses active across financial services will be obliged to make real-time customer data available to their customers and, at customers’ request, other firms active in the sector, under new legislative proposals put forward by the European Commission.
Japan has had a governmental foreign direct investment (FDI) screening system in place since 1949.
An EU-wide ‘greenwashing’ complaint against more than a dozen airlines could mark the beginning of a trend as consumers become increasingly aware of their rights, according to legal experts.
Applicants and licence holders have duties and obligations that they must comply with under the 2005 Licensing (Scotland) Act.
Shuabe Shabudin tells HRNews about the Research Excellence Framework 2028 and its impact in the university sector going forward
A recent ruling by the Supreme Court in India could have implications for the enforcement of international trade contracts concluded at a distance if the contracts are governed by Indian law, according to experts in international arbitration.
Investors should take note of possible stricter screening obligations that might apply to foreign direct investment (FDI) in the Netherlands following the entry into force of a new FDI screening law.
Singapore and Hong Kong have decided to drop their plan to create an air travel bubble (ATB) because their Covid-19 policies differ too much.
UK policy is not being delivered at a fast enough rate for the UK to meet its climate change targets, an influential group that advises the UK government on addressing climate risk has warned.
New EU legislation that promotes rights of access to and use of data generated from connected products has moved closer to being finalised.
A new agreement reached between the UK government and EU policymakers will herald a better exchange of information and consideration between UK and EU financial regulators, an expert has said.
Berlin-based online fashion retailer Zalando has lodged a legal challenge against its designation as a ‘very large online platform’ (VLOP) under the EU Digital Services Act (DSA).
Details shared of the action taken against those who provided unsuitable advice to members of the British Steel Pension Scheme (BSPS) provide an insight into how UK financial regulators might approach enforcement in other misconduct cases in future, according to experts.
The law has been updated in Ireland to limit public access to a register that contains information about the beneficial owners of companies following a ruling by the EU’s highest court last year.
The UK government has proposed to reform the English law ‘identification doctrine’, so that companies could be prosecuted more easily for economic crime offences.
A rare Inner House of the Court of Session decision in an electronic communications code (Code) dispute highlights a range of issues faced by operator applicants in Scotland, according to one legal expert.
The Building Safety Regulator (BSR) has updated the registration process for high-rise residential buildings in England.
Amy Hextell tells HRNews about disability audits and improving disability inclusion in the workplace
Kate Dodd tells HRNews that HR should address equality imbalances notwithstanding accusations of being too ‘woke’
Alex Wright tells HRNews about the Government Authorised Exchange visa and why it’s useful
A new law approved in Saudi Arabia is expected to make it easier for businesses to enter into contracts, whilst better understanding their rights and obligations under local law.
The UK pension industry has expressed concern over the transfer check requirements for pension trustees and scheme managers, with the overseas investments ‘amber flags’ creating the most uncertainty and delays.
Recent action taken by the US Department of Justice (DoJ) reflects a trend of increased proactive engagement by law enforcement agencies in addressing cyber crime also being seen in the UK, an expert in cyber risk has said.
Individuals have a right to access information held by organisations pertaining to the dates on and purposes for which their personal data has been consulted by that organisation, the EU’s highest court has ruled.
Businesses and their legal, compliance and HR teams should use World Whistleblowers Day on Friday 23 June as the spur to review the effectiveness of their organisation’s ‘speak-up’ and reporting mechanisms, according to experts at Pinsent Masons.
The war in Ukraine is having a bearing on the number and type of disputes that are coming before the London Court of International Arbitration (LCIA), according to data published by the institution.
The imminent publication of new standards by the International Sustainability Standards Board (ISSB) will provide a welcome global baseline in relation to sustainability disclosures, but businesses should expect complexities to emerge due to other regulatory disclosure requirements across different jurisdictions, experts have said.
EU regulators have proposed new standards which are designed to flesh out in more detail the obligations businesses face around ICT risk in financial services under the EU’s Digital Operational Resilience Act (DORA).
Contracting authorities, regulated utilities, and suppliers should seize the opportunity to help shape new regulations on procurement, an expert has said.
Penny Simmons tells HRNews and Out-Law about options being considered by the government in its consultation on reforming the umbrella company market
A Scottish Appeal Court ruling has confirmed that, while the Definitive Sentencing Guideline for health and safety offences is not directly applicable in Scotland, it is still relevant – according to one legal expert.
Stuart Neilson tells HRNews about the Scottish Court of Session’s ruling in University of Dundee v Chakraborty on the scope of legal advice privilege
In-house legal teams seeking to change the way they do things can learn lessons from the insights of distinguished entrepreneur Gordon Moore concerning the challenges involved in encouraging mainstream adoption of new technologies.
Five companies have signed an agreement on the initial design of a project to produce and liquify green hydrogen in Queensland, Australia for export to Japan.
Owners and occupiers of a range of sport and entertainment venues face a potential increase in disruption to their businesses this summer.
Ireland’s Renewable Electricity Support Scheme (RESS) is designed to increase the supply of power to the country’s electricity grid from green energy sources by providing a route to market for new renewable generation projects.
A recent consultation published by the UK’s Food Standards Agency (FSA) puts risk management practices, food safety culture and sustained compliance at the centre of its proposals for a modernised food hygiene delivery model.
The terms ‘design development’ and ‘design change’ are two commonly used terms used in construction law that are often confused.
A recent ruling of the English High Court found that a genuine attempt to restructure a company did not amount to an ‘informal winding-up’ in contradiction of insolvency laws on the distribution of assets to creditors.
New research on climate change litigation highlights the financial risks of such litigation for companies, particularly those in high-emitting industries.
The Egyptian government has set its sights on green hydrogen production after finding success with wind and solar power projects, according to one legal expert.
The UK government’s plan to replace the separate taxes of stamp duty and stamp duty reserve tax (SDRT) with a single tax on securities has been welcomed by one legal expert.
Lynette Jacobs tells HRNews about anticipated changes to bonus rates affecting SAYE contracts
Penny Simmons tells HRNews about reforms to the IR35 off-payroll working rules affecting PAYE liability in cases on non-compliance
Employees in certain business sectors in Singapore will be required to be vaccinated against Covid-19 or undergo regular testing from 1 October.
So-called ‘Pension Protection Fund+’ (PPF+) deals are unusual but can produce good outcomes for pension scheme members whose benefits might otherwise have been limited to PPF compensation.
In order to relieve the judicial system and speed up proceedings, the German Ministry of Justice plans to introduce a new procedure for establishing precedents for mass actions at the highest German court.
A recent ruling by the European General Court (EGC) could help companies to clear data for processing by third parties by giving clarity on when data is anonymised and when it is pseudonymised.
New immigration rules, endorsed by the UK Home Office, will help football clubs in England looking to enhance their playing squads through the recruitment of talented players from overseas, according to legal experts.
Businesses across sectors and throughout supply chains should consider the risk they are exposed to from growing scrutiny of ‘forever chemicals’ amidst increasing commentary about the potential harmful effects and the ongoing drive to restrict their use.
In May 2022 the European Commission published its ‘REPowerEU’ plan – an unprecedented package of measures designed to achieve the twin aims of ending the EU's dependence on Russian fossil fuels and tackling the climate crisis.
Preparations for the FIFA Women’s World Cup in July have highlighted how increased efforts are being made at domestic and international levels to focus on menstrual health to support female participation in sport and in the workplace.
The differences between liquidated and general damages for breach of a construction contractor’s obligations to complete works on time can be difficult to discern.
New data from NHS England has highlighted how GP practices can use technology to improve the quality and safety of the services they offer.
There will need to be significant compromises made by EU law makers if the proposed new EU AI Act is to become law given the major differences in opinion between them over how artificial intelligence (AI) systems should be regulated, according to technology law experts.
The UK Financial Conduct Authority (FCA) has set out new rules on how cryptoasset firms can advertise their products, including a cooling-off period for first time investors.
Businesses developing artificial intelligence (AI) systems must “build in security” to the technology to avoid mistakes made when the internet was developed, the head of the UK’s National Cyber Security Centre (NCSC) has said.
Lynette Jacobs tells HRNews about the government’s consultation on the non-discretionary tax-advantaged employee share schemes, SAYE and SIP
Helen Corden tells HRNews about the negative impact of ‘proximity bias’ on employees choosing to work from home
Companies in Singapore will be able to continue to conduct virtual meetings under amended legislation recently passed by the Singapore Parliament.
Since Brexit it has become much more complicated to employ UK citizens in Germany. For employers who operate across the border it is important to know which requirements must be met when employing people from the UK in Germany.
UK payment firms have been urged to begin work to implement new reimbursement requirements designed to help protect victims of authorised push payment (APP) fraud made over the UK’s near-instant retail payment system.
Organisations have been urged to address the risks arising where they operate with non-compliant ‘cookie banners’ following recent comments made by a senior UK regulator.
Businesses engaged in the provision of emerging ICT services could find themselves subject to telecoms legislation in Saudi Arabia.
New data published by the Dubai International Arbitration Centre (DIAC) shows how the institution’s reputation as a leading international forum for dispute resolution has been maintained and enhanced following recent reforms, experts have said.
The Monetary Authority of Singapore (MAS) is considering adding phase-out of coal-fired power plants to its planned green finance taxonomy, according to a report.
A recent Queensland Court of Appeal decision demonstrates the potentially dire implications arising out of discrepancies between calendar days and the definition of business day under security of payment legislation.
A new deal reached between the governments of South Africa and Mozambique is welcome but must be followed up with further initiatives that can help address South Africa’s electricity shortfall in the short term, an energy projects expert has said.
This guide outlines the forms of JCT contract which are the most common standard form construction contract used in the UK, accounting for about 70% of UK projects.
The right approach to guaranteed minimum pension (GMP) equalisation compliance can help pension schemes stand out from the crowd in a busy bulk annuity market.
Company indemnities are usually granted as an adjunct to run-off and missing beneficiary insurance, instead of residual risk insurance, meaning that they will generally only apply where the insurance does not meet the claim.
Businesses should expect greater consistency in the way fines for breaches of data protection law are calculated across the EU following the publication of new guidance, an expert has said.
Artificial intelligence (AI) tools can help streamline the document production process in construction arbitration, cutting the time it takes to reach a resolution in disputes and the cost involved.
Historically, UK listed companies have struggled to remain competitive with financial buyers in the UK mergers and acquisitions (M&A) market.
Emma Johnston tells HRNews why garden leave clauses will become even more useful when new laws curb the use of non-compete clauses
Emma Johnston tells HRNews about the Court of Appeal’s decision in Boydell v NZP Ltd, upholding a 12-month non-compete restriction
Chris Thomas tells HRNews why end users should check their supply chains carefully when umbrella companies are involved
After years of pandemic-related turmoil the UK hospitality industry has recovered surprisingly well, but some issues still pose significant obstacles for operators.
The proposed new tax set-off mechanism being introduced under the IR35 rules in the UK should be given retrospective effect, two tax experts have said.
The European Commission’s long-awaited revised Horizontal Block Exemption Regulations (HBERs) on research and development (R&D) and specialisation agreements have been adopted.
New EU customs rules would introduce major changes for e-commerce companies in how they deal with goods imported into the EU, according to experts.
The postponement of the Scottish Government’s flagship deposit return scheme (DRS) is only the latest example of the challenges caused by divergent approaches to food and drink regulation in Scotland and the rest of the UK.
A recent restructuring of Nostrum Oil & Gas PLC provides a blueprint for others to restructure bondholder arrangements in a way that complies with UK financial sanctions.
UK and US government officials have reached an agreement in principle over the establishment of a new legal framework for facilitating the transfer of personal data from the UK to the US.
Revised consumer law guidance issued by the UK’s Competition and Markets Authority (CMA) contains a series of new obligations for higher education (HE) providers to comply with.
Developers and higher education (HE) providers have been urged to address risks arising under the building safety regime in England ahead of approaching compliance deadlines
Manufacturers selling goods in the EU and online marketplaces facilitating their sale are among the businesses being urged to prepare for new product safety regulations that are set to take effect.
A court in the UK has said that relying on suitable comparable licences remains key to determining a global rate in UK ‘FRAND’ litigation. According to patent litigation experts, the court’s ruling cements the role of the UK as an important forum for disputes relating to standard essential patents (SEPs).
Australia and the US have signed a non-binding agreement to work together on climate issues, critical minerals and clean energy transformation. If followed through on, Australian stakeholders in these industries stand to benefit considerably.
Under English law, what constitutes a signature is flexible. A person's intention can determine whether they have entered into binding agreements or transactions.
A new court ruling helps clarify the Scots law stance on ‘retrospective privilege’, confirming that it is aligned with the position on legal confidentiality in England & Wales, according to legal experts.
A new programme of work to be undertaken by the Scottish Law Commission (SLC) can help provide businesses with clarity on legal issues relevant to commercial transactions and disputes, experts said.
Thresholds that trigger requirements for cyber incidents in the digital infrastructure sub-sector to be reported have been lowered by a UK regulator, which expects the number of incidents reported to it to increase as a result.
The UK’s decision to ratify the Singapore Convention on Mediation will help save parties vital expense and time in future, according to dispute resolution experts.
The European Commission has proposed new rules to fight corruption in the EU and worldwide.
Harriet Dwyer tells HRNews about the ICO’s new guidance on handling data subject access requests
Alex Wright tells HRNews about forthcoming restrictions to student visa routes which may affect employers’ recruitment processes
In Australia, certain types of foreign direct investment (FDI) are subject to governmental notification or review.
Recent comments from a senior UK regulator emphasise the need for financial services firms to act swiftly when shortcomings in regulatory compliance are identified, and to be open and cooperative with the Financial Conduct Authority (FCA), an expert has said.
Domestic and international market pressures, as well as regulatory change in the UK, highlight why workforce issues should be examined through the lens of environmental, social and governance (ESG) principles.
The Netherlands has a highly open and globalized economy that consistently ranks among the top FDI destinations worldwide.
In September 2021, a Bill was submitted to the Luxembourg Chamber of Deputies to establish a national screening mechanism to supervise direct foreign investment (FDI) likely to undermine security or public order.
Companies should look to Germany to understand the challenges of complying with proposed new EU rules requiring businesses to monitor their supply chains for the human and environmental rights violation risks, according to one legal expert.
News that EU law makers are moving closer to finalising new legislation aimed at tackling financial crime has been welcomed by a financial crime and investigations specialist.
Both the UK and Germany are planning to introduce new rules regarding the energy efficiency of buildings, affecting the energy profile of data centres.
The obligations UK lenders have to borrowers in financial difficulty are to be expanded under proposals being consulted on by the Financial Conduct Authority (FCA).
It is becoming increasingly common for businesses to face civil penalties of around £1 million for breaching UK export control laws, an expert in export control regulations has said.
New guidance issued in the UK highlights the growing focus of Western authorities on clamping down on businesses that circumvent sanctions imposed on Russia, experts in export controls and sanctions compliance have said.
Multinational businesses operating in the Netherlands have been advised to consider how best to arrange their group structures and supply chains from a tax perspective in light of new legislation proposed in the country.
UK workplace safety regulator the Health and Safety Executive (HSE) should do more to “compel better behaviour from employers” in relation to workplace health, according to a recent review by the Department of Work and Pensions (DWP).
Financial institutions operating in the UAE will soon have to demonstrate compliance with the new anti-money laundering (AML) requirements set out by the Central Bank of UAE (CBUAE), which have a particular focus on risks related to virtual assets and virtual asset service providers.
The legal, administrative and compliance aspects of foreign investment in India are embedded in the Foreign Exchange Management Act 1999 (FEMA), the Foreign Direct Investment (FDI) Policy and regulations notified under FEMA by the central bank, the Reserve Bank of India (RBI) from time to time.
As more companies begin to adopt artificial intelligence (AI) such as chatbot ChatGPT into their business applications, data privacy risks start to come to the fore.
Digital transformation is unavoidable for financial services firms wishing to remain competitive.
A debate held in the UK parliament on Monday highlights the ongoing focus on student wellbeing for universities, an expert has said.
As bulk annuity policies become larger and more complex, it is becoming more important for reinsurance to be put in place by the insurers to hedge all or some of their risk.
New rules for higher education institutions (HEIs) in England will increase their obligations to protect and promote free speech and academic freedom.
Chris Thomas tells HRNews about providing employee benefits in a more tax efficient way to help employees’ finances
Stuart Neilson tells HRNews about addressing the skills shortage and diversity imbalance in the construction industry
Companies established in other EU member states can convert to an Irish registered entity and merge with Irish companies with ease and more certainty, as Ireland has transposed a new EU directive into law to enhance cross-border mobility within the single market.
The Financial Conduct Authority’s (FCA’s) new Consumer Duty will apply to insurers who issue individual policies to defined benefit pension scheme members at buy-out.
A senior minister has reiterated the South African government’s intention to add 2,500MW of new nuclear power to the country’s energy generation capacity, against a backdrop of continuing power cuts of several hours per day in the country.
The eviction ban and cap on rent increases for the private rented sector are to be retained in Scotland until 31 March 2024 at the latest, under Scottish government plans.
Sports bodies and owners of broadcast rights for sports events should invest in monitoring for illegal streaming and consider the options they have for enforcing their rights against infringers in the context of their commercial objectives, according to experts in dispute resolution and brand protection in the sports sector.
Parties to an arbitration who become aware of potential grounds to challenge an arbitration award during the arbitral proceedings must raise grounds before the tribunal or a court as soon as possible to avoid losing the opportunity to do so, experts have warned, following a recent ruling of the English High Court.
The UK Information Commissioner’s Office (ICO) has issued new guidance for employers on how to handle subject access requests (SARs).
A relative lack of construction industry expertise could hamper the Scottish government’s efforts to retrofit buildings that have unsafe cladding, according to one legal expert.
Cyber security officers should turn to their in-house legal teams for support, according to one expert, after a survey revealed that many are suffering from work-related burnout and stress.
The proposals around holiday pay were among the most notable employment law changes outlined in the UK government’s recent policy paper on regulatory reform.
There is growing industry recognition of the imperative of industrialising construction but also of the challenges to its implementation.
A more consistent regulatory framework for cryptoassets could be created if international regulators adopt policy recommendations being made by a global standard setter for securities markets.
Employers in the UK have been urged to consider whether their ‘save-as-you-earn’ (SAYE) arrangements are fit for purpose following the re-introduction of a tax-free bonus on SAYE savings and the publication by HM Revenue & Customs (HMRC) of new guidance on how the SAYE bonus rate will be calculated.
Licensing is the backbone of many businesses, but many are unaware of how the current economic downturn could affect their operations as both licensees and licensors.
The potential impact of proposed reforms to housing law in England remains uncertain, according to two legal experts.
Large technology companies will face added regulatory and compliance issues in the UK once new legislation aimed at promoting competition in digital markets is enacted and implemented.
The UK Pensions Ombudsman has rejected a complaint that a scheme administrator did not carry out adequate due diligence when processing a request for a pension transfer.
The legal industry is going through rapid and systematic change as an economic downturn drives a renewed focus on efficiency.
Providers of electronic transactions and trust services in the UAE will be subject to heightened requirements and obligations as the country’s new trust service provider licencing regime comes into force.
The UK automotive supply chain, including car manufacturers themselves, have been advised to prepare for potential disputes to arise from revised ‘rules of origin’ requirements set to take effect next year.
A recent ruling by the UK Supreme Court provides guidance to businesses engaged in major infrastructure projects on their eligibility for tax reliefs, experts have said.
Companies must submit their year-end returns in relation to their UK employee share plans and share awards/acquisitions through the online administration service set up by HM Revenue and Customs (HMRC).
Australia's Victoria state government has released its budget for 2023-24, including for infrastructure and energy, setting aside an additional A$9.3 billion on existing infrastructure programmes to maintain a sustainable infrastructure pipeline.
With the reporting deadline for the end of the first year of the UK’s plastic packaging tax (PPT) fast approaching, HM Revenue and Customs (HMRC) has confirmed that its initial informal ‘soft-landing’ for penalties is coming to an end.
A new report published by the Australian Securities and Investments Commission (ASIC) is a clear signal that ‘greenwashing’ remains one of its top enforcement priorities.
A recent ruling by the Netherlands Commercial Court (NCC) has made it clear that, under Dutch law, data is not considered ‘goods’ and therefore cannot be subject to ownership.
The Securities and Commodities Authority (SCA) of the United Arab Emirates (UAE) has issued its long-awaited virtual asset regulations as part of an “increasingly sophisticated regulatory landscape”, according to one legal expert.
A judge’s decision to dismiss a landmark climate litigation case against Shell demonstrates the English High Court’s “hard-line stance” against similar derivative claims, according to one legal expert.
In the five years since the General Data Protection Regulation (GDPR) took effect, the data protection legislative landscape in the UK has changed significantly, with further reform on the horizon.
The outsourcing market is booming, but the contracts that are most often used by its practitioners need to adapt to the requirements of new digital transformation.
Ireland’s Data Protection Commission (DPC) has imposed a fine of €1.2 billion on Meta’s Irish subsidiary and ordered the company to stop sending the personal data of Facebook users in Europe to the US – beginning in five months’ time.
Helen Corden tells HRNews about HR’s role in raising awareness of invisible disabilities in the workplace
Anne Sammon tells HRNews about the new rights contained in the Employment Relations (Flexible Working) Bill
GDPR brought about the biggest overhaul of EU data protection law in more than 20 years and represented an attempt by EU policy makers to ensure the law on the collection, use, sharing and protection of personal data was fit for the digital age.
Over 5 gigawatts (GW) of new renewable energy capacity was installed in Australia in 2022, according to a new report.
Five years on from its introduction into law, there is evidence that the General Data Protection Regulation (GDPR) has caused a shift in boardroom attitudes to data protection compliance – meeting a core objective of the legislators and regulators that drove reform.
The risk that businesses face from class action-style data protection claims has risen since the General Data Protection Regulation (GDPR) took effect five years ago.
The introduction of the General Data Protection Regulation (GDPR) into EU law raised the stakes for businesses in terms of their data protection law compliance. Today, the impact of giving data protection authorities tougher enforcement powers is evident.
The introduction of the General Data Protection Regulation (GDPR) into EU law in 2018 not only had a profound impact on organisations based in Europe – it has shaped data protection practices globally.
The EU’s revised European Long-Term Investment Funds Regulation (ELTIF 2.0) came into force on 9 April 2023.
Broadcasters and live events organisers will continue to face challenges in blocking illegal streaming of live sporting events in real time and enforcing their rights against piracy according to legal experts, who have said that newly published non-binding European recommendations do not provide sufficient protection.
The German Bundestag and Bundesrat have agreed on the contents of a new Whistleblower Protection Act, after lengthy negotiations. The legislation will implement the EU's Whistleblower Protection Directive and impose new obligations on businesses.
A recent disclosure to Companies House in the UK highlights the value that businesses can derive from taking out cyber insurance cover, a cyber risk expert has said.
Diversity, equity and inclusion (DEI) practices are constantly evolving. Over a decade since unconscious bias first entered the corporate consciousness, organisations are now making progress with a new focus on ‘conscious inclusion’.
A recent Irish High Court judgment serves as a reminder of the importance of fair procedures in purported dismissals based on alleged misconduct.
Gill Ross tells HRNews about a number of further TUPE changes omitted from the government’s policy paper ‘Smarter Regulation to Grow the Economy’
Anthony Convery tells HRNews about the government’s plans to allow rolled-up holiday pay and to merge existing entitlements
Transactional lawyers have a new challenge on the horizon – how to deal with AI-specific issues in deals.
A ruling by the Higher Regional Court of Hamm has confirmed for the first time in the context of arbitration-related proceedings, that legal proceedings already pursued in Germany cannot be stopped by a prohibition of legal action obtained abroad.
The publication of Australia’s first national electric vehicle strategy is a significant step towards advancing uptake of electric vehicles in the country and meeting the government’s aims to cut emissions by at least three million tonnes of carbon by 2030 and by over 10 million tonnes by 2035.
Invoice and CEO scams remain some of the main financial fraud risks businesses face, despite a drop in overall fraud losses in 2022 compared to the previous year, according to a report by UK Finance.
The High Court in London has summarily dismissed a representative claim brought against Google and DeepMind Technologies – Google’s AI arm – over alleged misuse of private patient information.
Pensions risk transfer deals vary considerably. Some will be modest little things, others will be all-consuming beasts.
As the UK parliament prepares to debate a petition by families of students that have died by suicide while at university, is it possible that additional statutory duties could be imposed upon UK’s higher education providers to protect the health, safety and wellbeing of their students, legal experts have said.
Competitive insurance pricing is helping many pension schemes move closer to being able to buy-out all of their liabilities with an insurer.
The Queensland government has recently passed amendments to the state’s environmental laws that materially impact compliance obligations for operators of industrial sites and the process for obtaining approvals to develop industrial sites.
Head contractors and other infrastructure businesses who frequently procure using standard form templates should pay close attention to imminent reforms to Australia’s regulation of unfair contract terms (UCTs).
Higher education institutions (HEIs) should take action now to mitigate the risks posed to the integrity of their academic assessments by ChatGPT and other forms of artificial intelligence (AI), according to two legal experts.
A comprehensive new guide has been published to “demystify” data analytics and help organisations develop an ethical approach to data more generally.
Draft legislation concerning EU law retained on the UK statute book at the point of Brexit is moving towards the final phase of the parliamentary process, after peers considered and passed amendments to the proposals this week.
A major industry event held recently in the US provided an insight into the options pharmaceutical patent holders are considering ahead of the new Unified Patent Court (UPC) in Europe opening its doors.
New government proposals to increase the benefits offered to communities affected by onshore wind projects in England will fail to deliver without wider planning reforms.
Bitcoin, Ether and other “unbacked” cryptoassets should be subject to gambling, not financial services, regulation, a prominent committee of UK MPs has said.
The UAE government has announced that a new unemployment insurance scheme is now mandatory for employees of free zone companies and semi-government bodies.
News that the number of UK adults off work because of long-term sickness has reached a record high should spur employers to ensure they are meeting their obligations under health and safety law, an expert has said.
UK employers can benefit from a more diverse workforce by supporting lower income working parents to work more flexibly, an expert in equality law has said.
Ed Goodwyn tells HRNews his views on the government’s draft code of practice on dismissal and re-engagement
Vietnam’s prime minister has approved the country’s long-awaited National Power Development Plan VIII (PDPVIII) for 2021-2030, with a vision to 2050, under which the country needs US$134.7 billion investment for power generation and transmission.
The UK’s Competition and Markets Authority (CMA) has announced a probe into the artificial intelligence (AI) market, which is likely to be first of many similar actions taken by authorities across the globe.
Post-Brexit gaps in UK consumer protection laws are starting to emerge following the Council of the EU’s adoption of the revamped general product safety regulation (the GPSR), according to legal experts.
A recent High Court decision provides useful clarity for insolvency practitioners on when courts will allow a company in administration to enforce an adjudicator’s award under a construction contract, according to a restructuring law expert.
Luxembourg law makers have endorsed draft new legislation that will require digital platform operators to collect and provide information about sellers that use their platforms, for use by tax authorities across the EU.
The UK’s pensions regulator has put a greater focus on trustees having the right governance and controls in place, such as an operational buffer and resilient testing, to reduce the risks associated with liability-driven investment (LDI), a pensions expert has said.
Medical device manufacturers should put a plan in place for using the new ‘UKCA’ mark on their products – despite new legislation being put forward to allow EU-derived ‘CE’ markings to continue to be relied upon when selling such products in Britain for years to come.
From 1 August 2023, the UK’s alcohol duty will be reformed, removing some of the differentials in rates that existed between types of alcohol. This is arguably the biggest reform of duty for nearly half a century.
The European Commission has drafted new legislation that, if implemented, would hand it sweeping new powers to enable patented inventions to be used without the rights holders’ permission, across the EU, in response to crisis events.
There are opportunities for European technology suppliers to expand their business in the mining market in Africa amidst the drive to make mining safer and more environmentally friendly.
Amy Hextell tells HRNews about making reasonable adjustments for employees with mental health impairments
Anne Sammon tells HRNews about implementing AI in the workplace and HR’s role in its implementation
Alex Wright tells HRNews about new UKVI guidance on UK immigration reporting duties for hybrid workers
The Victorian government has launched a consultation on proposed new offshore wind transmission connections, as the state works to achieve its commitment to reach net zero by 2050.
A new judgment by the EU’s highest court helps to clarify the circumstances in which national courts have jurisdiction to hear and rule on claims of online trade mark infringements, a brand protection specialist has said.
Planning law experts have welcomed proposals for a new data sharing platform outlined in a report on how to speed up the delivery of nationally significant infrastructure projects (NSIPs) in England.
The German Ministry of Justice wants to modernise arbitration law and thus strengthen Germany as an arbitration venue for international commercial disputes.
New plans to increase the regulation of online gambling in the UK contain few surprises, but leave many questions unanswered, according to two legal experts.
Meta has said it is expecting the data protection authority in Ireland to impose a fine and a suspension order in relation to its existing transatlantic data transfer arrangements for Facebook.
The Prudential Regulatory Authority (PRA) at the Bank of England has warned UK insurers to “exercise moderation” amid a surge of interest in corporate pension ‘buyout’ deals.
The German Ministry of Justice has published a draft law to make German courts fit for international commercial disputes and to introduce new commercial courts.
Businesses should review their existing and consider future energy and infrastructure contracts carefully to address the risk of disputes arising from concerns over the security of energy supply globally but also consider how arbitration can provide a route to successfully resolve disputes that do materialise.
Pharmaceutical companies will be able to apply for supplementary protection certificates (SPCs) centrally before the European Union Intellectual Property Office (EUIPO) and obtain new unitary SPCs in future to complement new unitary patents granted, under proposals outlined by the European Commission
Recent determinations by the UK’s Pensions Ombudsman (PO) highlight the problems that can arise when funds fail to maintain clear communication with their customers.
The European Banking Authority’s (EBA) proposed new guidelines on the ‘simple, transparent and standardised’ (STS) criteria in the EU Securitisation Regulation could create deviation in its interpretation between the EU and the UK and pose challenges in cross-border transactions, legal experts have said.
Microsoft has said it will appeal a decision by the UK Competition and Markets Authority (CMA) to block its proposed acquisition of video games developer and publisher Activision Blizzard.
Contractors in Hong Kong Special Administrative Region (SAR) could be imprisoned for two years and fined up to HK$10 million (US$1.27m) for failing to protecting workers employed by themselves and their subcontractors.
A new report has revealed a significant increase in the number of arbitration-related applications made to the English Commercial Court in the 2021-2022 reporting period.
Trish Embley tells HRNews about implementing positive action initiatives in the workplace
Japan intends to raise its hydrogen supply from existing 12 million tonnes to 72 million tonnes by 2040, the government has announced.
Anne Sammon tells HRNews about the protection offered by the Worker Protection Bill being debated in the House of Lords
New medicines will obtain different levels of regulatory data protection in the EU in future under proposals that seek to link the extent of protection available to the extent to which the product serves public health objectives.
The European Commission has confirmed the first tranche of businesses designated as ‘very large online platforms’ (VLOPs) and ‘very large online search engines’ (VLOSEs) for the purposes of regulation under the EU Digital Services Act (DSA).
The Netherlands Authority for Consumers and Markets (ACM) has published new guidelines on the EU Platform-to-Business Regulation (P2B), which is designed to protect business users on online platforms.
Businesses can broadcast news and sports channels on TVs on their premises without requiring a copyright licence, as is required to show ‘film’ in public, the UK Intellectual Property Office (IPO) has confirmed.
The UK government has published its long-awaited Digital Markets, Competition and Consumers (DMCC) Bill, designed to boost competition and crack down on unfair business practices.
The increasing popularity of alternative investment funds (AIFs), growing demand for vehicles compliant with increased environmental, social and governance (ESG) standards, and a raft of new legislation are fuelling the demand for legal certainty among Luxembourg’s financial institutions.
Support for arbitration as a resolution mechanism in sanction-related disputes remains strong, according to a new study, despite new challenges in enforcing awards, friction on cross-border payments and increased pressure on the arbitral process itself.
Several legal routes have been activated by the French government to accelerate the expansion and development of solar power in France.
In a competitive global labour marketplace where there are skills shortages and changing views on work and careers, being able to attract and retain talent is vital.
Singapore is one step closer to its goal of importing up to 4 gigawatts (GW) of low carbon electricity by 2035, according to an energy expert at Pinsent Masons MPillay.
The Australian Federal Treasury has released draft regulations that prescribe additional circumstances when a foreign person must provide information about their Australian investments for inclusion on the new Register of Foreign Ownership of Australian Assets (the Register), as well as some exemptions from registration to minimise duplication of the requirements.
Businesses may be able to meet their legal obligations in respect of data subject access requests (SARs) by providing a “compilation containing all the personal data covered by the right of access”, rather than actual documents, as long as the “compilation makes it possible for the data subject to be made aware of and verify the lawfulness of processing”, the European Data Protection Board (EDPB) has said.
Andrew Herring tells HRNews about conducting fraud investigations and how they are different from typical workplace investigations
Shuabe Shabudin tells HRNews why it’s time for businesses to review commitments made to improving race and ethnic diversity
Maria Gravelle tells HRNews about the Home Office’s notification requirements for the offshore wind sector
New guidance published by the Information Commissioner’s Office (ICO) on direct marketing and regulatory communications interacts with the Financial Conduct Authority’s (FCA) upcoming Consumer Duty.
China can add 64 gigawatts (GW) of offshore wind power generating capacity over the next five years, according to a report by the Global Wind Energy Council (GWEC).
New guidance issued by the UK government on how businesses should collect and analyse data on the ethnicity pay gap is more extensive than first predicted and could cause “headaches” for many employers, according to two legal experts.
Luxembourg’s new arbitration law will increase flexibility and confidentiality, while strengthening the country’s reputation as a global centre for alternative dispute resolution procedures.
It would not be “a complete disaster” if the UK lost its EU data protection ‘adequacy’ designation, according to an incoming acting UK government minister.
Cloud customers will want to consider their options following the recent publication by Ofcom of its interim report into the cloud infrastructure services market.
Businesses should be required to notify major corporate transactions they are exploring to the Australian Competition & Consumer Commission (ACCC) before they complete those deals, the chair of the regulator has said.
Employers that sponsor foreign workers to work in the UK need to be prepared to report changes to where those workers work to the UK authorities within 10 working days, an immigration expert has said.
Law makers have reached a provisional deal on legislative measures designed to boost production of semiconductors within the EU.
The European Parliament has adopted a package of reforms to the EU’s Emissions Trading System (ETS), including phasing out of free allowances for the industry.
Proposals by the Office for Students (OfS) to more closely regulate harassment and sexual misconduct in the English higher education sector trigger complex employment and equality law considerations for providers.
Andrew Herring tells HRNews about some of the ‘red flag’ behaviours by employees which may indicate insider fraud
Maria Gravelle tells HRNews about preparing for the end of the UK’s offshore wind workers concession
The Law Commission has said it no longer intends to recommend legislative changes that would restrict the scope businesses have to have arguments they lost in arbitration re-heard before the courts in England and Wales when challenging the arbitral tribunal’s jurisdiction to hear their case.
The UK government’s revised draft national policy statement for national networks (NNNPS) in England contains a delicate but definite shift in emphasis for land use policy.
Owners and operators of critical national infrastructure (CNI) in the UK have been urged to review their approach to cyber risk management following a warning about the threat state-aligned cyber criminals pose to their organisations.
The United Arab Emirates (UAE) is often used as a base for Middle East and North African operations by companies attracted by efficient air and sea connections, developed infrastructure and a tax-friendly environment.
New planning policy governing the development of ‘nationally significant’ water resources infrastructure in England has been finalised.
The Future Fund was established to support start-ups facing financing difficulties during the Covid-19 pandemic, but as its maturity date looms, companies must consider their options.
Kate Dodsworth tells HRNews about the scope of the employer’s duty to offer suitable alternative employment in a redundancy situation
Helen Hibbert tells HRNews about three key changes to the Enterprise Management Incentive scheme recently announced by the Chancellor
Rebecca Sulley tells HRNews about the current delays in the UK tribunal system and how judicial mediation can help
Vested interests could drive efforts to slow, or speed up, the energy transition, bringing with it increased risk that both incumbents and new entrants to the energy market will need to manage.
The Western Australian Department of Mines, Industry Regulation and Safety (DMIRS) has officially closed a consultation on the creation of a legislative framework for carbon capture and storage (CCS) in the state.
The UK government’s plan to improve water management in England includes a number of wide-ranging measures – but more detail is needed on how they will be put into practice, according to experts at Pinsent Masons.
Businesses using ‘free trial’ ads to engage consumers for their subscription services have been urged to review their online marketing content, as the UK’s Committee of Advertising Practice (CAP) has set out its plan to target non-compliant trials and other promotional subscription offers in upcoming enforcement action.
A Scottish company director’s unsuccessful appeal against a conviction for the death of a worker demonstrates how prosecutors will look behind a corporate structure to ensure it cannot be used as a shield to protect responsible officers.
Community land trusts (CLTs) offer a route to delivering the new affordable housing stock that England urgently needs, with local support – but both planning policy reform and central government funding will be needed to make the most of the opportunity.
Kate Dodd tells HRNews about the collection of data and its use in improving firms’ diversity
The South African public procurement process has been the subject of a constant barrage of criticism in the courts in recent years.
Rebecca Stephen tells HRNews about the recent employment tribunal ruling against Oxford University’s Employer Justified Retirement Age policy
A new criminal offence of failing to prevent fraud is to be added to UK law and applied to large businesses and other large organisations.
Businesses operating in Saudi Arabia have been advised to build their understanding of the personal data they handle over the coming months after revisions to the Personal Data Protection Law (PDPL) were issued.
Planned updates to the key policy document for nationally significant road and rail projects in England are a direct response to recent high-profile rulings on when officials must consider alternative approaches.
Changes to Singapore’s legal framework for recognition and enforcement of foreign judgments in civil proceedings will streamline and consolidate the requirements.
Employers across the UK must ensure that the focus on improving racial equality in their workforces does not wane.
Businesses selling products either through online marketplaces or in traditional shops across the EU, as well as their manufacturers and suppliers, need to make significant changes to their practices to comply with the revamped EU product safety rules, a legal expert has said.
To accelerate its transition to electric vehicles (EVs), Australia should look to successful strategies used around the world.
Employers in Singapore must increase their minimum medical insurance coverage for migrant workers from 1 July, from the existing S$15,000 per worker per year to S$60,000 per year.
Global tax fraud enforcement is increasingly sophisticated and coordinated as tax authorities embrace cross-border data sharing and use advanced software and analytics to clampdown on tax evasion.
Ofcom is proposing to refer the UK’s cloud infrastructure services market for an in-depth investigation after identifying “concerns” over the way the market is currently operating.
ChatGPT, Bard and large language models (LLMs) are nascent, but their widespread use is already demonstrating the potential for future tools that will provide accurate real-time information useful for solving business and personal issues.
Foreign investors are increasing their investment in businesses based in the United Arab Emirates, reflecting how jurisdictions within the UAE have developed and become more attractive to venture capitalists (VCs).
Joint ventures provide foreign investors with an attractive means of entering the market in the United Arab Emirates (UAE), often by combining resources and expertise with businesses already established in the country.
UK authorities are not likely to take action against companies that work with sanctioned businesses if they did adequate due diligence on whether sanctions applied, but this puts the burden on those companies of proving that enough due diligence was done, an expert has warned.
A review into a key piece of legislation used by businesses who lease shops, offices and other commercial premises in England and Wales will benefit both landlords and tenants alike, according to one legal expert.
Anne Sammon tells HRNews about the risk of positive discrimination when collecting and reporting diversity data
Anne Sammon tells HRNews about some of the challenges firms will face reporting diversity and inclusion data
The growing focus of regulators on ensuring children are safe to use online services has been brought into sharp focus with recent actions of the UK’s data protection authority, a technology law expert has said.
German credit reference agency SCHUFA has cut the length of time it holds data on completed private insolvencies from three years to six months ahead of an anticipated ruling on the practice by the Court of Justice of the EU (CJEU), it has announced.
The presence of minor flaws in a revocation instruction included in a life insurance policy does not amount to sufficient grounds to revoke that policy, the highest German court for civil law has ruled.
EU member states have approved plans requiring all cars and vans registered by manufacturers in the bloc to be ‘zero emissions’ from 2035.
The prospect of future regulation of the use of artificial intelligence (AI) in the UK should prompt businesses to manage AI risk now rather than delay projects to embed AI in their own internal or customer-facing operations, a technology law expert has said.
Prospective developers of new carbon capture and storage (CCS) infrastructure and low carbon hydrogen infrastructure will welcome fresh proposals for reform to planning policy in England and Wales, according to legal experts.
The UK government will not review tax policy to explore how tax can be used to incentivise decarbonisation to support the country’s transition to net zero, as recommended by a recent independent review, it has confirmed.
Businesses will feel more confident about exploring options for developing new nuclear power plants in the UK based on fresh policy announcements made by the UK government, an expert has said.
Industry will have to wait longer for detailed policy announcements that will shape how the UK will decarbonise real estate, an expert has said.
While UK law imposes adjudication in construction disputes, there is no regulation of adjudicators’ payment terms and charges – which can leave under pressure parties seeking quick resolution to their disputes.
The UK government has selected eight projects to enter contract negotiations with over the formation of two carbon capture use and storage (CCUS) clusters in the UK.
EU financial firms risk inadvertently misleading customers as to the green credentials of their products given the vague and contradictory nature of the disclosure regime under the Sustainable Finance Disclosure Regulation (SFDR).
A recent ruling by the German Federal Court (Bundesgerichtshof) will be welcomed by businesses seeking to challenge the validity of German parts of European patents before the German courts, two experts in patent litigation have said.
A quieter period for private equity (PE) merger and acquisition (M&A) deal activity may be coming to an end, with signs that the market is recovering following months of economic and geopolitical turmoil in 2022.
Claire Scott tells HRNews about when to start a collective consultation exercises to comply with the strict legislation
Jon Fisher tells HRNews how changes to minimum wage rates effective from 1 April may lead to breaches of legislation if unchecked
Global infrastructure ambitions remain bold in 2023, although the repercussions of a turbulent period for the sector will continue to be felt for some time to come.
Planning decisions relevant to major road and rail projects in England in the years ahead will need to place even greater weight on environmental considerations – including the government’s plans to require ‘biodiversity net gain’ (BNG) and clear preference for nature-based solutions to address greenhouse gas emissions.
Proposed new guidance issued by the Competition and Markets Authority (CMA) is intended to help businesses take coordinated action on climate change and environmental sustainability more generally, without undue fear of breaching competition rules in the UK.
There is a growing demand for alternative dispute resolution (ADR) in Qatar amidst the rising risk of disputes.
Ukraine has been granted permission to argue before the High Court in London that a loan agreement it entered into with a trustee acting on behalf of Russia is void.
Sponsors and lenders should prioritise agreeing plans to fund the retrofitting of commercial property that does not or will not comply with forthcoming standards on energy performance.
Insolvency practitioners (IPs) are increasingly upskilling themselves in cryptoassets in the wake of several high profile insolvencies and plummeting cryptocurrency valuations.
As Australia works towards its 2050 net zero emissions target, the uptake of electric vehicles (EVs) is expected to increase significantly.
Trish Embley tells HRNews about training managers to be ready to conduct collective consultation
Claire Scott tells HRNews about the importance of planning carefully for a collective consultation exercise
Linda Jones tells HRNews about conducting ‘without prejudice’ discussions and ‘protected conversations’ with staff
It will be easier for smaller companies to use a tax break to offer company shares to employees under changes to the Enterprise Management Incentive (EMI) options scheme announced as part of the UK government’s 2023 Budget.
The UK government should adopt e-signatures for all parts of its work to help promote their use, and should sign up to an international standard of to ensure they can be relied on in cross-border contracts, a group of advisors has said.
The impact that current economic circumstances is having on financial services firms has been highlighted by the decision by the Financial Ombudsman Service to raise by more than 10% the maximum amount of compensation consumers can be awarded when complaints against them are upheld, experts have said.
The Court of Appeal in London has decided that HM Revenue and Customs (HMRC) can disclose confidential information about one taxpayer to another taxpayer in the context of a tax appeal.
Businesses could face tougher rules when making claims about their or their products’ environmental impact in future as a consequence of proposed new rules presented by the European Commission, but might also profit from greater harmonisation to the way greenwashing claims are assessed across member states, legal experts have said.
Listed financial firms in the UK have been warned by regulator the Financial Conduct Authority (FCA) that the first annual reports to cover new diversity and inclusion (D&I) reporting requirements must hit D&I targets or contain “clear and meaningful explanation’ of why targets were missed.
The Victorian Civil and Administrative Tribunal’s jurisdiction (VCAT) has said that it lacks jurisdiction to determine claims for contribution between multiple respondents under Part IV of the Wrongs Act 1958 (Vic) (Wrongs Act).
Life insurers and pensions providers should consider how changes to legacy products and processes might deliver operational efficiencies and increased operational resilience and better support their compliance with the new Consumer Duty rules in the UK.
Pharmaceutical businesses would rather EU policymakers get legislative reforms right than rush through imperfect changes that will have a long-term negative impact on industry, an expert in life sciences regulation has said.
It needs to be made easier for sports events organisers to address the cost of piracy and protect the value of broadcasting rights.
The Australian voluntary carbon reduction scheme is fundamentally well-designed but needs further improvement, an independent review group has said.
With the New South Wales (NSW) state elections on 25 March fast approaching, it is timely to look at the promises made by the two major parties relating to investment in renewables and infrastructure
Indonesia’s state-owned electricity company Perusahaan Listrik Negara (PLN) has signed terms to withdraw US$200 million in funding for its renewables transition from Japan’s Nippon Export and Investment Insurance (NEXI).
The data privacy authority in the Hong Kong Special Administrative Region (SAR) will propose further amendments to the territory’s Personal Data Privacy Ordinance (PDPO) in 2023, according to a new report.
The data privacy authority in the Hong Kong Special Administrative Region (SAR) will propose further amendments to the territory’s Personal Data Privacy Ordinance (PDPO) in 2023, according to a new report.
Amid a growing global trend of climate-related shareholder litigation, UK firms and their directors need to pay close attention to their legal obligations to avoid attracting potentially costly lawsuits
Trish Embley tells HRNews about staff training to prevent sexual harassment in the workplace
Shara Pledger tells HRNews about various changes to the UK's Immigration Rules effective from 12 April 2023
Craig Patterson tells HRNews about the differences between redundancy procedures in Great Britain and Northern Ireland
Shara Pledger tells HRNews about changes to immigration rules to allows more construction workers into the UK
The existing framework of strategic environmental assessments and environmental impact assessments (EAs) is to be superseded by a new ‘environmental outcomes reports’ regime for project development in England, under new UK government proposals.
Building owners or leaseholders with responsibility for repair and maintenance of the building’s structure and external walls will be liable for a criminal offence if they fail to register occupied ‘higher-risk buildings’ in England between 6 April and 1 October 2023.
The introduction of proposed aggregates levy changes in the UK has been deferred to 1 October 2023. The changes had been expected to take effect on 1 April.
Property developers will need to consider matters of prioritisation, funding, and resourcing as a matter of urgency to meet their obligations under the developer remediation contract that has been drafted to address historic failings in building safety.
All businesses should develop a litigation strategy for their European patents ahead of the new Unified Patent Court (UPC) system becoming operational, experts in intellectual property law from across Europe have said.
The High Court in London has issued its first global fair, reasonable and non-discriminatory (FRAND) licensing decision since the UK Supreme Court’s landmark Unwired Planet ruling in 2020, confirming the approach taken by the judge in that case.
ChatGPT – which has already wowed users for its abilities to answer queries, pass graduate-level exams and even write computer code – has enormous potential applications in the life sciences and medtech industries too.
The central role that Ireland’s Data Protection Commission (DPC) plays in the enforcement of data protection law across the EU has been highlighted in the authority’s latest annual report, according to information law experts.
In recent years there has been a significant increase in direct action carried out by climate change and environmental protestors in the UK – but energy companies are not powerless to prevent it.
A consultation on a revised national networks national policy statement (NNNPS) for national road, rail and rail freight schemes in England has been broadly welcomed by legal experts.
The UK government has announced a review of the national policy statement (NPS) for ports in England, originally published in 2012.
Alex Wright tells HRNews about the Home Office’s latest guidance for employers on conducting right to work checks
Changes to the UK’s ‘levelling up’ policy announced by chancellor Jeremy Hunt have given businesses “very little to go on”, according to one legal expert.
The UK government will introduce a 100% tax deduction for capital expenditure on plant and machinery from 1 April 2023, the chancellor has announced.
A Japanese trading company has announced its intention to start a new rare earth supply chain, in a move that will be important to the manufacture of electric vehicles, according to an industry expert.
Legal experts have welcomed UK government plans to support innovation in the fields of artificial intelligence (AI) and quantum computing but highlighted challenges for government and regulators in delivering clear policy and effective regulation to underpin that aim.
A new enhanced tax credit for R&D intensive small and medium sized (SME) businesses is “excellent news for R&D intensive businesses across the UK,” a tax expert has said.
New financial support for British carbon capture, usage and storage (CCUS) projects announced in the latest budget could be critical to the UK’s ambition to bolster its domestic energy supply, according to one legal expert.
The UK government has intervened on draft legislation currently before parliament to address the risk that employers will take “unreasonable or drastic measures” to avoid being held liable for the harassment of their staff.
A police investigation into whether the Scottish Prison Service (SPS) should be prosecuted over the death of a man in custody is a reminder for other organisations in Scotland of their obligations, according to one legal expert.
The Middle East is fast becoming one of the world’s leading hubs for mergers and acquisitions (M&A), but the industry faces a number of challenges as it continues to grow
HM Revenue and Customs (HMRC) has introduced a new category of guidance for UK taxpayers called Guidelines for Compliance (GFCs).
Andrew Herring tells HRNews about the importance of conducting due diligence to prevent CV fraud
Alan Davis tells HRNews about UK Competition and Markets Authority’s guidance to prevent anti-competitive HR practices
Alan Davis tells HRNews about UK Competition and Markets Authority’s guidance to prevent anti-competitive HR practices
Developers of new energy technologies risk inadvertently infringing a third party’s intellectual property rights if they are unfamiliar with the licensing rules for standardised communications technologies.
The new consumer duty in UK financial services requires all firms who ‘manufacture’ ‘products’, meaning financial products in the traditional sense as well as services the firm provides, to assess their products for ‘fair value’.
Helping more people in the UK move into employment is expected to be a central theme of UK chancellor Jeremy Hunt’s spring Budget on Wednesday.
The German Football League (DFL) has proposed changes that would tighten its widely discussed ‘50+1’ rule on club ownership, aiming to dispel concerns of German competition authorities.
Banks and technology companies should review their relationships with Silicon Valley Bank (SVB) and make any necessary adjustments to either existing or prospective financing arrangements following the collapse of SVB in the US, banking experts at Pinsent Masons have said.
Offshore wind developers in Ireland need at least “a strong statement of policy” from the Irish government soon to regain confidence that projects proposed for development will be viable in the long-term, an expert in energy projects has said.
Businesses that provide subscription services to customers in the UK should consider the implications of upcoming reforms and prepare for an increased level of regulatory scrutiny.
The minimum salaries that can be paid to foreign workers employed under sponsorship in the UK are to rise from 12 April.
Action announced by the EU and UK highlights the role that sanctions can play in tackling gender inequality globally, an expert has said.
A recent decision by the US Copyright Office to cancel part of a copyright registration for artwork that was partially generated by an AI programme could have important implications for copyright protection.
Representatives of Australia’s financial services industry have recommended standardising the way in which sustainable economic activities are categorised, including by better aligning the Australian and New Zealand Standard Industrial Classification (ANZSIC) with international standards.
Implementation of restrictions on advertising high fat, salt or sugar (HFSS) foods moved a step closer recently with the publication of two consultations on the new rules.
The UK government’s announcement that it intends for the UK to sign the Singapore Convention on Mediation has been welcomed by legal experts.
US lawyer, Scott LeBlanc, tells HRNews about alternative ways to protect confidential information if non-compete clauses are banned
Draft legislation published by the UK government would significantly alter existing data protection law in the country if enacted but also closely resembles abandoned proposals that were introduced before the UK parliament last summer, according to experts at Pinsent Masons.
Germany’s Federal Council (Bundesrat) did not approve the Whistleblower Protection Act. Now Germany has to answer for the inadequate protection of whistleblowers before the Court of Justice of the European Union (CJEU). Nevertheless, businesses should set up reporting channels for whistleblowers, an expert said.
UK regulators in the financial services, telecoms and professional services sectors could be placed under a statutory duty to prevent economic crime under a proposal set out by a UK law maker.
There is justified optimism that 2023 will be another strong year for private equity (PE) investment in Ireland, with many businesses across sectors proving attractive to would-be investors.
Employers in Singapore will be required to submit proof of educational qualifications declared by foreign professionals applying for the Employment Pass (EP) from 1 September, the Ministry of Manpower (MOM) has announced.
UK universities and other higher education providers should review their policies and practices on handling claims of harassment and sexual misconduct following the publication of new proposals by the Office for Students (OfS), an expert has said.
Courts in Australia must take a fresh look at the application of the ‘prevention principle’ in disputes over extensions of time (EOT) for principal-caused delays to ensure it provides real world relief to contractors, as originally intended.
The UK government’s decision to delay the rollout of the pension dashboard programme had become “inevitable”, according to one legal expert, who said firms have been forced to operate through “educated guesswork” due to a lack of guidance about points of detail.
Scott LeBlanc tells HRNews about the scope of the FTC’s proposed ban on non-compete clauses in the US
Scott LeBlanc tells HRNews about the prospect of a ban on non-compete clauses in the US
Linda Jones tells HRNews about the EAT’s decision in Meaker v Cyxtera Technology and holding settlement discussions
The fundamental freedoms of EU law did not prevent or defer a UK tax charge arising on intra-group transfers, the EU’s highest court has ruled.
Financial services providers must address geopolitical risks effectively within their technology and other third party contracts to realise cross-border opportunities in an increasingly uncertain global business environment.
Fresh proposals for data protection reform in the UK are to be unveiled by the UK government, with the existing Data Protection and Digital Information Bill before parliament set to be dumped, it is being reported.
The advent of artificial intelligence (AI) software that can generate images has raised several legal questions over who owns the copyright in these works – or whether they can be protected by copyright at all.
The Dutch Data Protection Authority (DPA) has cleared Tesla on privacy concerns following an investigation and the electric carmaker’s decision to adjust the settings of its built-in car security cameras.
The ‘consumer support outcome’, part of the UK Financial Conduct Authority’s (FCA) new Consumer Duty, breaks new ground, setting detailed rules and guidance for how financial services firms should design their customer journeys.
The Competition and Markets Authority (CMA) has announced a consultation on the scope of an upcoming study into the housebuilding market in Great Britain, and a UK-wide consumer law project in the rented housing sector.
There is scope to relieve some of the strain on public health systems, like the NHS in the UK, if ‘self-test’ medical kits are made more widely available for purchase at retailers, but both suppliers and users of those kits will need to navigate legal issues, an expert has said.
Purchasing a photo wallpaper does not automatically include the right to reproduce it on pictures on the internet, the Regional Court of Cologne has decided in a case involving the provider of a holiday flat.
The German legislator has published a draft Bill to transpose the EU‘s Representative Actions Directive (RAD) into German law. The bill, once passed, will give consumers a new route to pursue claims against businesses.
Kate Dodd tells HRNews about the difference between positive action and unlawful discrimination
A new framework for facilitating the transfer of personal data between the EU and the US by businesses should not be adopted until all US intelligence agencies implement commitments made by US president Joe Biden last year, an EU data protection watchdog has said.
The UAE has a complex data protection landscape that foreign companies need to navigate.
A UK Law Commission review on the regulation of remote driving could provide a pragmatic framework for a future regulatory regime, according to a transport industry expert.
Artificial intelligence (AI) image generators have become increasingly popular over the last year, but their developers could be exposing themselves – and their users – to legal, ethical, and regulatory risks by training the technology using copyrighted material.
A move to classify different types of cryptoassets is likely to lead to clearer regulation of the market in Australia.
The UK’s Competition Appeal Tribunal (CAT) has paused the progress of a class action against Facebook’s parent company, Meta, amid concerns over the validity of the methodology used to calculate potential damages.
The EU and the UK must continue to work in good faith after reaching agreement over trade, subsidy and constitutional arrangements in Northern Ireland if they are to rebuild trust, according to one legal expert.
The question of whether artificial intelligence (AI) systems can own and transfer patent rights in the UK is to be considered by the UK Supreme Court in a hearing on Thursday 2 March.
The High Court in England has recently rejected an appeal under the Arbitration Act, in a case that reminds parties about the critical role of a valid notice of dissatisfaction in challenging an adjudicator’s decision.
The Scottish government is expected to relax restrictions on outdoor seating from the end of March, in a move welcomed by the hospitality sector.
We can expect further development of a new regulatory regime for crypto assets and stablecoins in Hong Kong Special Administrative Region (SAR), after respondents to a recent consultation indicated their broad support for the measures.
As the UK’s fledgling low carbon hydrogen industry develops, a combination of existing health and safety laws and additional, hydrogen-specific standards and guidance seems like the most likely route to effective safety regulation.
Around a fifth of infrastructure businesses are undergoing or planning to undergo an organisation-wide transformation as they position themselves to take advantage of opportunities arising in the green transition and green economy, according to major global survey run by Pinsent Masons.
The EU’s reformed regulation for long-term investment funds, known as ‘ELTIF 2.0’, is a welcome step forward, but it could take some time for the industry to adopt the products.
Plans for sectoral, principles-based regulation of the use of artificial intelligence (AI) systems by businesses in the UK should be supplemented with a centralised framework that helps ensure there is a coordinated approach to AI governance, a business lobby group has said.
A political party in South Africa – Build One SA – is reported to have opened criminal proceedings against André De Ruyter, the former chief executive of Eskom, in respect of an alleged failure by him to report corrupt practices at the state-owned utility. The governing party is reported to have threatened to do the same.
Zoe Betts tells HRNews about the rise in suicides among employees and the WHO’s mental health guidance
As class action lawsuits filed by two Nigerian communities against Shell over environmental pollution move forward, the environmental organisation ClientEarth has now also filed a lawsuit against the oil company's management board.
David Bryden tells HRNews how employers can improve their ESG credentials to attract and retain staff
The British Standards Institution (BSI) supported by the International Organisation for Standardisation (ISO) is preparing to launch a “landmark” sustainable finance standard, according to one of its leading experts.
A recent determination by the UK’s Pensions Ombudsman (PO) is a useful reminder that pension scheme members have a degree of responsibility to ensure changes to their intended investment arrangements are processed.
Japan’s energy company Renewable Japan said it has raised ¥10.15 billion yen ($92.42 million) for a 25.76 megawatts (MW) solar project in Minamikyushu city, Kagoshima prefecture.
A ruling by the UK Supreme Court provides guidance on when UK legislation should be interpreted in a way that accounts for technological, scientific or societal changes that occur after the legislation has been enacted.
Singapore will launch a series of policies in the coming months to reduce the impact of inflation on people’s cost of living, including new workplace family supportive policies, according to its Budget for 2023.
While FIFA’s new Clearing House Regulations are designed to boost transparency and combat corruption, they are also likely to increase the administrative burden on football clubs when making player transfers.
The UK government is using tax policy in a bid to break the link between the short-term price of fossil fuels and the cost of energy for people and businesses. This has implications for investors in renewable energy generation.
Businesses that publish details of their “nature-related risks, impacts and dependencies” stand to benefit from fresh investment, a UK government minister has said.
The UK Financial Conduct Authority (FCA) has reminded firms that not all consumers are sophisticated buyers of financial products, as they prepare to comply with new Consumer Duty rules for open products and services later this year.
A number of proposed updates to the UK regulatory regime for asset management outlined by the Financial Conduct Authority (FCA) could benefit the industry, according to one legal expert.
The Dutch Data Protection Authority (DPA) has challenged the Dutch government’s “unlawful” processing of flight passenger data, demanding immediate changes to both national law and the processing of such data.
Two new initiatives set to be launched next week will help to address the lack of gender diversity in adjudication, according to construction industry experts.
The UK government has published a plan to overhaul the planning process for nationally significant infrastructure projects (NSIPs).
A recent ruling of the CJEU provides some clarity on when parts of a complex product may be eligible for design right protection, but also highlights how EU design law is out of step with the drive to promote sustainable use of products, an intellectual property law expert has said.
Trish Embley tells HRNews about the barriers to recruiting and retaining the over-50s and ways to address the problem
All practitioners in the construction industry will either recall or be aware of the dramatic increase in online hearings that occurred during the Covid-19 pandemic.
Kate Dodd tells HRNews about the EHRC’s powers under section 23 Equality Act 2006 to enforce equality measures
The football industry will be watching closely when the UK government sets out its legislative proposals for establishing an independent regulator in English football.
A novel judicial review case concerning allegations of forced labour has shed a light on the UK National Crime Agency’s (NCA) willingness to investigate modern slavery claims under money laundering legislation.
Automotive manufacturers can implement sophisticated technological driving aids in a way that does not breach EU data protection law, a German state authority has said.
The Abu Dhabi Global Market (ADGM) has proposed to introduce a private credit fund framework that would enable ADGM-based funds and their fund managers to originate and invest in private credit.
A series of fines issued by HM Revenue and Customs (HMRC) suggest that the value of penalties for unlicensed exports of controlled items is increasing, according to one legal expert.
A new scheme designed to pay renewable energy providers in Australia to ensure they can increase electricity supply at a moment’s notice has been hailed by one legal expert.
E-scooters, which are loved by some but derided by many, could form part of a new package of transport solutions to reduce emissions, improve air quality and tackle urban congestion.
2017 Money Laundering Regulations (MLRs) that will impose further compliance requirements on in-scope firms.
Regulators in Singapore have opened a public consultation on proposals to enable companies to hold general meetings by electronic means.
The transition from fossil fuels to cleaner forms of energy is fundamental to the drive to decarbonise the global economy amidst the impacts of climate change. However, the pivot towards cleaner technologies carries with it a greater risk of dispute across several business activities.
Updated guidance for higher education (HE) providers announced by the UK Competition and Markets Authority (CMA) will help the sector ensure that their practices are compliant, according to one legal expert.
The UK government has published draft legislation which would bring the fast-growing ‘buy now pay later’ (BNPL) industry within Financial Conduct Authority (FCA) regulation and bolster protection for consumers.
An important decision that could provide guidance on business’ ability to rely on their own commercial interests as a legal basis for processing personal data is set to be made public, Out-Law can reveal.
The UK government has published draft legislation which would bring the fast-growing ‘buy now pay later’ (BNPL) industry within Financial Conduct Authority (FCA) regulation and bolster protection for consumers.
An agent is a person authorised to act on behalf of another, called the 'principal', to create a legal relationship with a third party.
The UAE has established itself as a popular country to redomicile to, particularly for companies with regional operations.
While there are concerns about the proposed speed of reform under the Retained EU law bill, divergence from certain aspects of the EU’s legal and regulatory approach to life sciences could place the UK at an advantage and offer opportunities for industry.
A decision expected from the Court of Appeal in London could re-open the door for the courts to consider the scope of self-invested personal pension scheme (SIPP) operators' due diligence obligations under Financial Conduct Authority (FCA) rules, and on their obligations to compensate customers where there have been failings, legal experts have said.
A Court of Appeal decision to block the construction of a bridge in the west of England should remind developers and local planning authorities (LPAs) of the importance of correctly identifying the scope of their projects, according to one legal expert.
The UK government is proposing new powers for law enforcement agencies to tackle cybersecurity threats and online crimes, including the power to require data owners to preserve evidence pending a decision on whether a formal request for seizure of the data by an agency should be made to court.
The UK’s Financial Conduct Authority (FCA) is seeking views on issues related to financial services firms’ sustainability-related governance, incentives and competence, as it prepares for future regulatory measures to ensure the financial sector is a force for positive change.
The Central Bank of the UAE says the launch a new digital currency will help boost the country’s competitiveness as a financial and digital payment hub.
The UK’s unemployment rate is sitting close to the lowest level for 50 years, forcing employers to reconsider how they attract – and retain – talent in their workforce.
International businesses looking to grow and expand in the UAE market without a corporate presence often elect to work with a local distributor or agent.
Regulators in Singapore have proposed new protections against workplace discrimination, and have opened a public consultation into their proposals.
The Scottish government’s proposed ban on alcohol advertising threatens jobs in the drinks industry and fails to recognise that businesses will look to find ways to work around the new rules.
HM Revenue and Customs (HMRC) has published its first full manual on the use of alternative dispute resolution (ADR) in tax disputes.
New and existing dwellings in England will have to meet strict energy efficiency standards in the future under plans outlined by the government.
At a time when many businesses in the UK’s hotel and hospitality industries are trying to find a positive and constructive message, the installation of new electric vehicle (EV) charging stations could be the answer.
Courts in the Hong Kong Special Administrative Region (SAR) are adapting to the changing nature of fraud related disputes, becoming more welcoming of service of proceedings via technology in place of and in addition to more traditional channels.
The UK Advertising Standards Authority (ASA) has determined that two gambling adverts featuring a pair of former England international footballers were not likely to appeal to under-18s
South Africa’s energy crisis cannot be solved by relaxing procurement rules to enable local authorities to source excess power generated by businesses, even if the solution proves successful in Cape Town.
Businesses should not wait for a ransomware attack to impact their business before doing due diligence on the risks involved in making a ransom payment to cyber criminals, a cyber risk expert has said.
Pharmaceutical companies active in the Netherlands should prepare for tough negotiations with the Dutch government on the pricing of innovative new treatments following a change in policy designed to curb healthcare costs in the country, according to experts in life sciences.
The UK Platform to Business (P2B) Regulation is designed to create a more predictable environment for businesses and traders when using online intermediation services and online search engines.
Businesses active in the quantum computing space will need to develop robust patent strategies to operate freely in a future digital world powered by the technology, according to legal experts.
Details of Ofgem’s new accelerated strategic transmission investment (ASTI) framework, published late last year, illustrate the scale of the challenge faced by electricity transmission network owners in Great Britain.
The construction industry in the Hong Kong Special Administrative Region (SAR) has been striving to become more sustainable over the past few decades. Recent developments by way of supportive policies and practical strategies will ensure this becomes a reality sooner.
Recommendations aimed at improving the energy efficiency and decarbonising of UK real estate, set out by a former government minister and a committee of MPs, should be incorporated into the UK government’s revised ‘net zero’ strategy.
Businesses based in the UAE are attractive targets for foreign businesses seeking to enter, or strengthen their existing foothold in, the Middle East and North Africa (MENA) region.
The potential impact of the Retained EU Law (Reform and Revocation) Bill on UK employment law is enormous, but the government’s approach to making any changes remain unclear.
The Court of Appeal in England has dismissed an automatic unfair dismissal claim after an employee was sacked for leaving work and not returning because he said that he believed Covid-19 presented a “serious and imminent” danger at work.
The growing complexity of construction and engineering disputes has led to an increased demand for the services of experts regarding various aspects of a typical legal proceeding.
A new set of standard definitions for digital asset derivatives has been developed by the International Swaps and Derivatives Association (ISDA).
A legal expert has highlighted the challenges of expanding the UK’s degree apprenticeship programme at universities and other higher education institutions (HEIs), as the country celebrates National Apprenticeship Week.
The Court of Appeal in England has allowed a first-of-its-kind case concerning cryptocurrencies and the potential fiduciary duties owed by their software developers to go to full trial.
Northern Ireland “urgently needs” a new formal route to market for renewable energy projects if it is to attract investors and meet its emissions reductions targets, according to one legal expert.
There is an important distinction between instructing an expert to provide evidence in court proceedings and instructing an expert to act solely in an advisory capacity.
Helen Corden tells HRNews about a new report on invisible disabilities in education and employment
Kieron O’Reilly tells HRNews about Census 2021 and how HR professionals can make use of the data
A recent English High Court decision over terms in ship building contracts demonstrates the importance of precision when referring to and drafting written committed statements of financing, according to two legal experts.
With the 2023-24 Hong Kong Special Administrative Region (SAR) Budget expected by the end of this month, contractors should start planning for the anticipated projects and initiatives.
The proposed tightening of green belt planning rules is going to make it harder to site garden communities on land proposed for release from the green belt in England, according to planning law experts who specialise in garden community projects.
Ambitious plans to grow the digital economy in the UAE can be supported with the creation of new regulatory sandboxes, an expert has said.
Sue Gilchrist tells HRNews about the protection afforded to women on maternity leave by Regulation 10 of ‘MAPL’
Ed Goodwyn tells HRNews about employees’ redundancy rights in insolvency situations and the impact of TUPE
Jon Coley tells HRNews about the risk employers face if they bypass collection bargaining agreements
Financial institutions have raised concern with HM Revenue & Customs (HMRC) over its use of disclosure powers to obtain information on the tax affairs of their employees or contractors.
A recent ruling by the High Court in London highlights the willingness of the UK courts to apply pragmatic thinking to novel questions of law as it applies to digital assets, an expert has said.
Foreign investors are increasingly seeking minority stakes in UAE companies as they look to maximise profits from high-growth sectors such as technology and e-commerce amidst continuing diversification away from the traditional focus on oil and gas in the region.
A new offence of failing to prevent “fraud, false accounting or money laundering” is to be introduced into UK law, a senior government minister has confirmed.
New guidance issued by the European Commission does little to clarify online platform providers’ reporting obligations under the Digital Services Act (DSA), an expert has said.
The Supreme Court’s ruling in a nuisance dispute involving a viewing platform at the Tate Modern gallery in London could “open a new front of litigation”, according to two legal experts.
Unsuccessful parties to litigation will normally be required to pay a proportion of the winner’s costs as well as their own. 'After the event' (ATE) insurance offers a safeguard against all or part of this risk.
Conditional fee agreements (CFAs) and damages based agreements (DBAs) offer an alternative way to fund commercial claims and litigation.
If an organisation is involved in a court case it will have to pay its lawyer's costs and disbursements/expenses. Depending on the outcome of the case a proportion of the costs and disbursements payable to the lawyers may be recoverable from the opponent.
An English High Court decision that lawyers can be given ‘need-to-know’ access to confidential state documents under Mozambique law demonstrates the wider challenges faced by courts making rulings on disclosure in international litigation, according to one legal expert.
Recent decisions emphasise the limited circumstances in which courts in Australia will rely upon extrinsic evidence, away from the words used in the contract, to inform the meaning of contractual terms. They also reinforce the dangers of imprecise language.
Germany’s Federal Network Agency has put out to tender four sites in the North Sea and Baltic Sea with a total capacity of 7,000 megawatts for offshore wind installations.
The operation of a new unitary patent and Unified Patent Court (UPC) system in Europe, which is due to become operational on 1 June 2023, is set to impact business strategies – even for those businesses that do not now or have not ever needed to get involved in patent litigation.
All businesses – even those that do not now or have not ever needed to get involved in patent litigation – need to prepare for the Unified Patent Court (UPC) becoming operational.
The UK’s Financial Conduct Authority (FCA) has revamped its authorisation process and started adopting a new approach in practice, putting firms’ ability to demonstrate compliance with the new consumer duty at the centre of its assessment criteria prior to the duty taking effect.
The UK government has confirmed its intention to boost regulatory capacity during the transition to a new national regulatory framework for medical devices, in a bid to address current need and emerging opportunities.
Multinational businesses based outside the UK should urgently appoint a UK-based representative to be the point of contact for UK designations of their internationally registered trade marks and designs, an expert has said.
A recent decision by the Victorian Court of Appeal makes clear the court’s position on the limitations on jurisdiction of the Victorian Civil and Administrative Tribunal (VCAT), responsible for resolving domestic building disputes under legislation in the state.
Ruth Stephen tells HRNews about the UAE Labour Law that lifts the cap on the length of fixed-term employment contracts
Ed Goodwyn tells HRNews about the UK government’s proposed statutory dismissal and re-engagement code
Since the lifting of worldwide Covid-19 restrictions, arbitration practitioners have noticed a trend towards merits-based arbitration hearings being held in person, rather than virtually.
The UK government has proposed a common framework for assessing value for money (VFM) in workplace pension schemes, a significant development that will be “market-shaping” according to pension experts.
A recent judgment from the Court of Justice of the EU (CJEU) on exclusivity clauses used by ‘dominant’ companies will have “far-reaching implications”, according to legal experts.
Pioneering bespoke rules governing the manufacture of medical products and technologies within or in close proximity to healthcare settings are to be introduced in the UK.
Joint ventures provide foreign investors with an attractive means of entering new markets through leveraging the local knowledge and connections of businesses already established in that market.
It has become easier and more attractive for foreign companies to establish a 100% foreign owned-corporate presence in the UAE. That trend looks set to continue.
This guide considers the tax implications of using a UK holding company to hold shares in other UK or overseas companies.
The UK's diverted profits tax (DPT) is aimed at multinationals operating in the UK and is primarily an anti-avoidance measure.
Businesses should seek to future-proof their commercial contracts to ensure they are able to take advantage of new opportunities expected to arise in the metaverse, experts at Pinsent Masons have recommended.
The Financial Conduct Authority (FCA) could be planning to regulate UK firms offering pre-paid probate plans, according to one legal expert, after it issued a consumer warning about the risks associated with the schemes.
The Securities and Commodities Authority (SCA) has overhauled its foreign and domestic funds regimes in the United Arab Emirates (UAE).
A draft code of practice on the procedure to be followed when employees in England, Wales or Scotland are dismissed and then re-engaged by the same employer on new terms – so-called ‘fire and re-hire’ practices – has been published for consultation by the UK government.
The UAE has amended its commercial agency law to increase its attractiveness and competitiveness as a place to do business.
A new set of guidelines will be introduced in mid-February to target workplace discrimination in Singapore.
Universities in England and Wales are advised to review their intellectual property (IP) policies and terms relating to IP ownership and revenue sharing in contracts with researchers and students, following a recent High Court decision.
Sarah Munro tells HRNews how to adjust the redundancy selection process when an employee’s attendance record is impacted by a disability
Penny Simmons tells HRNews and Channel 5 News about surviving cancer and support firms can offer employees
Penny Simmons tells HRNews about the OTS policy paper exploring the tax implications of changing working practices
There is no limit, in principle, on the number of ‘biosimilar’ products that can be safely interchanged with a single reference biologic medicine, the European Medicines Agency (EMA) has said.
Regulators in the Hong Kong Special Administrative Region (SAR) have published stricter rules suspending errant construction contractors from tendering for public works.
Employers in the UAE have been given an extended deadline of 31 December 2023 to ensure that their employees have been transitioned onto fixed-term employment contracts.
Legislation requiring the amount of plastic packaging tax (PPT) paid on packaging to be detailed on invoices will not be implemented in the UK, HM Revenue & Customs (HMRC) has confirmed.
The successful delivery of Ireland’s new electric vehicles (EVs) charging infrastructure strategy and very significant investment in the country’s electricity grid are effectively inter-dependent, an expert has said.
Recent determinations by the UK’s Pensions Ombudsman (PO) highlight the problems that can arise when transfers or fund switches occur at times of upheaval in financial markets.
The legal maxim that “justice delayed is justice denied” makes clear that parties in dispute should not be disadvantaged due to the passage of time.
Diversification, collaboration and consolidation are likely to be emerging themes in the cell and gene therapies (CGTs) market globally in 2023 and beyond, as developers seek to make their businesses resilient to the economic headwinds they face.
Whether pharmacies can file an action for an injunction in case of data protection violations by a competitor remains open for the time being. The German Federal Supreme Court referred a dispute about this to the Court of Justice of the EU (CJEU) in Luxembourg.
The combination of work and vacation may sound contradictory, but more and more employers are trialing ‘workation’ to make themselves attractive to employees seeking modern ways of working.
Businesses should review their governance and risk management in relation to ‘greenwashing’ risk amidst growing regulatory scrutiny of how they are marketing the environmental credentials of their products, an expert has said.
The Supreme Court has refused to grant Mylan permission to appeal against an earlier Court of Appeal decision which confirmed that the right exclusive licensees enjoy under UK law to be parties to claims for patent infringement can be exercised in tandem with patent owners or independently.
Employers should do more to improve menopause support in UK workplaces despite the government’s rejection of plans to make menopause a “protected characteristic” under the Equality Act, an employment law expert has said.
Adjudicators should consider arguments that claims referred to them have been submitted out-of-time, according to a ruling by the High Court in London.
Kate Dodd tells HRNews about menopause policies and the risk of losing women from the business
Francis Keepfer tells HRNews about the Employment (Allocation of Tips) Bill and it’s likely impact on the hospitality sector
Plans to expand the scope of the text and data mining (TDM) exception that exists in copyright law remain under consideration in the UK despite strong opposition to the proposals and predictions from the minister responsible for creative industries policy that they will not be implemented, Out-Law can confirm.
Politics, partnerships, and place-making are three themes that will shape the UK residential real estate market in 2023, as the industry continues to navigate challenging economic conditions.
The Russia-Ukraine conflict may have drawn the attention of cyber criminals away from ordinary businesses in the first half of 2022, according to a cyber risk expert.
Businesses should expect increased scrutiny of the steps they take to address cyber risk in 2023.
Being able to show that appropriate cybersecurity measures have been put in place, and having a plan to deal with cyber incidents, can help organisations minimise the impact of incidents when they happen and meet the increasing expectations of regulators.
Ransomware attacks are increasing in volume, but there is evidence that regulators are losing sympathy with organisations that fall victim to such incidents.
Commercial landlords are entitled to timely payment of service charges which they self-certify are conclusive of the amount owed by tenants under the terms of their lease, but tenants have a right to subsequently challenge their liability for that payment, the UK Supreme Court has ruled.
The European patent landscape is set to change significantly later this year as the unitary patent and Unified Patent Court (UPC) are introduced.
When engaging with contractors and off-payroll workers it is common that a business will engage with an individual through a company referred to as a personal service company (PSC) rather than directly with the individual on a self-employed basis.
The data protection authority in the Netherlands has been tasked with overseeing the responsible use of algorithms in the country.
For most parties, initiating an arbitration is seen as a worst-case scenario. There is, however, an even worse scenario: having claims struck out because they were not brought to the tribunal timely enough, meaning that the only possible way to have these claims heard is to start another arbitration. Our arbitration specialists across the globe discuss how to avoid the spectre of ‘new claims’ and how to ensure that all claims are heard during the course of a single arbitration.
A new report highlighting the lack of socio-economic diversity at senior levels of the UK’s financial industry contains a number of lessons for boardrooms across all sectors.
Beatriz Moriones tells HRNews about a Spanish bill that would grant paid leave to women who suffer from painful periods
Helen Corden tells HRNews about the impact in the university sector of the Supreme Court’s decision in Harpur Trust
Linda Jones tells HRNews about the EAT’s decision in Lyfar-Cissé v Western Sussex University Hospitals NHS Trust
The Investment and Commerce Court (Investment Court) is making litigating in Qatar more efficient, helping to change perceptions that it takes a long time, is costly, and will be dogged by procedural delays.
A new report published by the Competition and Consumer Protection Commission (CCPC) in Ireland has highlighted how the regulator’s simplified merger notification procedure (SMNP) is helping businesses obtain speedy clearance for corporate transactions.
Across the EU, financial institutions and service providers now need to take steps to ensure that their data and systems security incident processes and controls meet the requirements of the Digital Operational Resilience Act (DORA).
The European Securities and Markets Authority (ESMA) has opened a consultation on guidelines for the use of environmental, social and corporate governance (ESG) or sustainability-related terms in investment funds’ names.
The UK government has launched a consultation on proposed changes to the way holiday entitlements are calculated for part-year workers, addressing employers’ concerns following a recent landmark ruling on the issue by the Supreme Court.
Ed Goodwyn tells HRNews about the UK government’s plans to curtail the scope of non-compete clauses
Shara Pledger tells HRNews about the immigration and jurisdictional challenges of cross border remote working
The UK Treasury should undertake a wide review of UK tax policy to explore how tax credits and capital allowances can incentivise investment in decarbonisation and research and development (R&D) to deliver on net zero emissions, according to a government-commissioned report.
Legal action being taken by Getty Images should spur businesses intending to use others’ data to train artificial intelligence (AI) systems to first conduct robust due diligence to establish whether there are restrictions on using that data, according to experts in intellectual property (IP) law.
This is quick reference guide offers insight into the operation of Luxembourg’s New Code of Civil Procedure (the NCPC), as well as relevant treaties and conventions that Luxembourg has signed, limitation periods, types of enforceable order, competent courts, pitfalls and much more.
A new looming Consumer Duty deadline means there will be no relaxed start to 2023 for UK financial services firms, according to one legal expert.
The public body responsible for monitoring compliance with the the Supply Chain Due Diligence Act has made a complaint form available on its website, which can be used to report violations of the new law.
Three environmental organisations have filed a lawsuit against the food company Danone and want the company to ‘deplastify’.
A decision by the Sheriff Court of Appeal in Scotland demonstrates why parties must pay close attention to the detail of settlement agreements, according to one legal expert.
Businesses have been urged to share their opinion with government on how proposed reforms to the UK’s tax relief system for research and development (R&D) would impact them after an expert warned the plans could harm investment.
Chris Thomas tells HRNews about the tax advantages of electric vehicle company car schemes
Chris Thomas tells HRNews about the employment tax rules applicable to hybrid working arrangements
US lawyer Ben Stockman tells HRNews about a proposed ban on non-compete agreements in the US
The UK Supreme Court has rejected an appeal from the liquidators of an overseas bank which argued that HSBC failed in its duty of care over disputed payments to some the defunct company’s creditors.
The UK government would gain broad powers to impose minimum service levels on employers in six service sectors to account for circumstances in which workers exercise their right to strike, under new legislation that has been proposed.
A comprehensive plan designed to help the UK meet its main climate change target and realise economic growth at the same time has been outlined by a former UK government minister.
Litigants should pay close attention to a raft of upcoming reforms to the judicial system in the United Arab Emirates (UAE), according to legal experts.
Online platforms and other technology providers should review how updated EU cybersecurity laws will impact their business and consider the policies and practices they will need to amend, an expert in data and cyber risk has said.
Recent fines issued to two banks by the Financial Conduct Authority (FCA) highlight the regulator’s continued focus on driving compliance with anti-money laundering (AML) requirements in UK financial services, an expert has said.
Commercial landlords should be considering whether they can future-proof against more stringent energy efficiency requirements set to arise between now and 2030 when implementing changes to properties ahead of a forthcoming compliance deadline.
The year ahead will likely see the continuation of a number of trends for diversity and inclusion (D&I) in employment across the world, as regulators demand more attention for the issue and employers battle through the current shortage of skilled labour.
The next 12 months promise to deliver several important changes across a number of areas affecting UK human resources (HR) professionals, including diversity and inclusion (D&I), the digital workspace, and workforce reward.
It is essential that contractors, and anyone hiring contractors or consultants, in the UK understand what could give rise to UK employment law obligations.
Developers and investors may consider that the UK government’s proposed revisions to the terms and conditions of renewables ‘contracts for difference’ (CfD) go too far in seeking to curb the cost of the subsidy for taxpayers, an expert has said.
In large infrastructure projects, it is common to see a subcontractor refusing to carry out work unless it receives additional payment above that to which it is entitled.
Whether, and in what circumstances, organisations can cite commercial interests as a justification for processing personal data under EU data protection law could be clarified by the EU’s highest court.
The duties UK hotel operators and occupiers of other commercial property face around fire safety have been clarified in a new report published at the conclusion of the Cameron House fatal accident inquiry. Enhanced fire safety measures are likely to be introduced for historic buildings.
The UK Financial Conduct Authority’s (FCA) open letter to claims management companies highlights consumer protection and quality concerns in the sector and signals the regulator’s willingness to take robust action to resolve these issues, according to legal experts.
A new EU regulation subjects M&A transactions involving businesses receiving subsidies from non-EU third countries to control by the European Commission when certain thresholds are reached.
Sarah Munro tells HRNews about the EU’s Corporate Sustainability Due Diligence Directive and its relevance to HR
Following a busy and successful year for the fund finance industry, 2023 presents a number of challenges – and opportunities – for the burgeoning sector.
Chris Thomas tells HRNews about a new survey by the Office of Tax Simplification on home and hybrid working preferences
Businesses active in Luxembourg have been advised to conduct a tax analysis to determine whether and to what extent recently finalised legislation alters their tax liability in the country.
The UK government has announced a further delay to the incoming deadline for ending the use of the CE product marking on construction products in Great Britain.
The UAE Cabinet has introduced a new regulation governing virtual assets, which sets out the state’s first regulatory regime for the sector at the federal level.
A consultation on whether the UK should join the 2019 Hague Judgments Convention has been welcomed by legal experts as a possible solution to some of the cross-border judgment enforcement problems created by Brexit.
The District Court of Singapore has held a company liable for an employee injury, overturning its defence that the employee had signed a waiver agreeing to give up his right of action against the company.
This guide sets out the basic rules for transferring corporation tax losses between companies which are part of a group ("group companies").
Value Added Tax (VAT) is an important consideration on commercial property transactions as irrecoverable VAT can impact on returns.
Mass actions, sometimes described as collective, class or group actions, are actions brought by multiple claimants against the same defendant or group of defendants, generally in relation to harm said to have been caused to the claimants in the same or a similar way.
Anne Sammon tells HRNews about the FCA’s review on understanding approaches to D&I in the FS sector
A US regulator has outlined plans to ban US employers from applying new, or relying on existing, provisions in employment contracts that restrict workers’ ability to move to new roles with different employers.
A new ‘repair clause’ for ‘must-match’ spare parts included in a revised draft EU Design Directive and draft Regulation will help to boost competition in the automotive spare parts market, according to one legal expert.
New UK legislation has been adopted that seeks to reconcile private property rights with the need to speed up the delivery of new digital infrastructure.
The prospect of prolonged economic uncertainty threatens the returns and yield investors can expect to achieve in core commercial real estate markets.
Every business has information that it considers both integral and invaluable to its success. Restricting the use of this information by employees after their employment has ended may be vital to the protection of your business or customer contacts.
The Data Protection Commission (DPC) in Ireland has said it could take legal action against the European Data Protection Board (EDPB) after it accused the body of going beyond its powers to affect an investigation into a major social media provider.
Pharmaceutical companies in the EU should feel more confident about asserting their trade mark rights when companies want to re-box, rather than merely re-label, their medicines when importing them into one EU country from another, following recent rulings.
A recent ruling by the EU’s highest court opens the door to profiting from the unauthorised use of pharmaceutical companies’ brands.
Singapore’s new rules to improve safety for workers being transported in lorries came into force on 1 January.
The Court of Justice of the European Union (CJEU) has ruled that a Latvian regulation prohibiting medicinal products from being advertised on the basis of price is in line with EU law. The CJEU also said that all EU member states should prevent price-related advertising.
One of the key issues examined in a recent study into arbitration in Africa was the question of how parties are engaging with the Africa Continental Free Trade Area (AfCFTA) Agreement.
The Court of Justice of the European Union (CJEU) has ruled that Amazon could be held liable for potential trade mark infringements by third party vendors.
The decision by the UK Pensions Ombudsman (TPO) to uphold a complaint against Teachers’ Pensions (TP), “gives a helpful indication” of the ombudsman’s expectations just as a number of similar complaints make their way through the system, according to one legal expert.
In Hong Kong Special Administrative Region (SAR), parties generally have no right to appeal or challenge an arbitral award on a question of law or as a result of serious irregularity unless they expressly opted into the relevant provisions in schedule 2 of the Arbitration Ordinance (Cap 609) in their contract.
Innovation and technology (I&T) has become a core means of boosting sustainable economic development in the Hong Kong Special Administrative Region (SAR), and has continued to attract a lot of investment from the city’s administration.
Companies, variable capital companies and business trusts in Singapore will no longer be able to hold formal meeting online effective 1 July 2023, unless they are expressly allowed to do so under their written laws or governing instruments.
Singapore has launched a new scheme under which certain companies with expansion plans will be able to hire more foreign workers above the quota for their industry in a two-year period.
New draft legislation for the UK’s electricity generator levy (EGL) contains some substantive changes from the policy that was first announced in November, according to one legal expert.
The Inner House of the Court of Session in Scotland has confirmed that a solicitor’s duty of client confidentiality can be overcome in the public interest, providing an important practical direction on the difference between confidentiality and legal professional privilege (LPP), according to a legal expert.
The UK Health and Safety Executive (HSE) has called on employers in the automotive industry to address work-related stress routinely and as an important part of their risk assessment, following research revealing that one in two workers in the sector have struggled with their mental health and wellbeing.
MPs have called on the government to clarify where it sees a role for hydrogen in decarbonising the UK economy.
Boris Becker argued in court that a German comedian had violated his personal rights. According to an expert in trademark law, the proceedings may also have an impact on his brand reputation.
Businesses that own, occupy or manage property should review their asbestos management plans in light of a recent report that revealed the scale of the risk posed by asbestos still present in UK buildings, health and safety experts have said.
The Gauteng Local Division of the High Court of South Africa recently explored the application of section 8 of the Arbitration Act 42 of 1965 (Arbitration Act) where a party had failed to timeously deliver a notice of appeal.
Changes to South Africa’s electricity generation licensing regime will help tackle the country’s energy security challenges and provide opportunities to corporate or utility-scale independent power producers, an expert has said.
A study conducted by the UK Financial Conduct Authority (FCA) suggests that very few firms “understand diversity and inclusion as a fundamental culture issue,” according to one legal expert.
Businesses in Ireland should assess the impact on governance and insolvency risk that will arise from changes to companies law that take effect on 1 January 2023.
A market study conducted by the UK Competition and Markets Authority (CMA) has found that creators’ concerns about the music streaming market are not caused by competition issues.
Members of the European Commission, the European Parliament and the Council have agreed to tighten of the European emissions trading system.
The Central Bank of the United Arab Emirates (CBUAE) is set to launch an instant payment platform (IPP) in the first quarter of 2023, the latest development to transform the financial services ecosystem in the UAE.
Chris Evans tells HRNews about a new product designed by Pinsent Masons to help avoid disputes over the payment of bonuses
Supply chain management is increasingly becoming a challenge for businesses. Crises and resulting supply chain disruptions, as well as growing regulatory requirements, mean that businesses need to rethink and realign their supply chains.
Germany’s Supply Chain Act will come into force as early as next year and poses challenges for German businesses with regard to supply chain management – and for their national as well as international suppliers.
Businesses should expect new policy and regulation to emerge and impact on their operations and supply and value chains as a result of commitments global leaders have made towards preserving biodiversity, an expert has said
The UK government should launch a public consultation on the development of its green taxonomy “as soon as possible”, according to one legal expert, after the chancellor pledged to publish an updated green finance strategy early next year.
A growing number of contracts between financial services firms and their suppliers will need to be updated over time to reflect greenhouse gas emissions reporting requirements as rulebooks continue to evolve.
The UK Pensions Regulator (TPR) is consulting on plans to improve the security and sustainability of defined benefit (DB) scheme funding.
Until recently, legal practitioners in Hong Kong were prohibited from charging fees depending on the outcome of the work on contentious matters including arbitrations. The recent move to permit outcome-related legal fee structures (ORFS) for arbitrations in Hong Kong should enhance the competitive position of Hong Kong as an international commercial arbitration hub.
Rebecca Sulley tells HRNews about the pressures on the Employment Tribunal System and judicial mediation as a quicker way to resolution
James Sullivan-Tailyour tells HRNews how Enterprise Management Incentive options help in attracting and retaining talent
Multinational pharmaceutical companies will welcome confirmation of UK government policy on batch testing of medicines in Britain, which seeks to limit duplicate testing requirements and the associated costs involved, an expert has said.
A package of significant far-reaching measures aimed at reducing EU dependency on Russian fossil fuels and tackling the climate crisis has been provisionally agreed by EU law makers.
Organisations operating in the infrastructure sector around the world have been asked to share their views on the opportunities and challenges associated with transitioning to and operating in the ‘green’ economy.
New data published highlights how breaches of export controls are being enforcement with “increased rigour” in the UK since Brexit, an expert has said.
Construction companies in England and Wales that embrace ‘best in class’ testing and certification practices can get ahead of reforms on fire safety that are likely to follow the industry’s move to using modern methods of construction (MMC), a building safety expert has said.
HM Revenue and Customs (HMRC) has responded to requests to amend the UK’s Construction Industry Scheme (CIS) to reduce compliance problems.
The UK Financial Conduct Authority (FCA) has outlined plans to replace the existing disclosure regime for packaged retail and insurance-based investment products (PRIIPs).
Legal and procurement teams face a challenge when attempting to set carbon emission reduction targets within IT contracts, particularly in circumstances where there is no plan to re-procure or re-negotiate relevant supplier arrangements.
Lenders will welcome the UK government’s first steps to reforming the Consumer Credit Act (CCA), which promise to promote innovation and competition and benefit consumers, financial regulation experts have said.
Negotiators from the Council of the European Union and the European parliament have paved the way for the introduction of a CO2 levy on the import of ‘climate-damaging’ manufactured goods into the EU.
A letter sent from the UK Financial Conduct Authority (FCA) to firms offering contracts for difference (CFDs) is a warning that the regulator continues to keep a watchful eye on the industry.
Privacy Shield 2.0, a new framework for transferring personal data from the EU to the US, could be in effect by spring 2023 after the European Commission published a draft decision endorsing the framework on Wednesday.
Tax deductions were not available for professional fees incurred by an intermediate holding company because they were expenses of a capital nature, even though they were expenses of management, the Court of Appeal of England and Wales has decided.
Laura Starrett tells HRNews about practical steps firms can take to improve social mobility
Anne Sammon tells HRNews about the Flexible Working Bill currently making its way through parliament
A new version of the Nice Classification will apply from 1 January 2023, with digital goods authenticated by non-fungible tokens (NFTs) listed separately for the first time.
A recent decision by the England and Wales High Court, refusing to grant a declaration that company officers could not assert privilege in respect of emails stored in a corporate email system, provides useful lessons to businesses on legal professional privilege and disclosure, according to a legal expert.
The rollout of the ‘full market product’ (FMP) regulatory regime for virtual assets by Dubai’s Virtual Asset Regulatory Authority (VARA) will boost the industry in the United Arab Emirates, according to one legal expert.
A new plan published by the Australian Department of Climate Change, Energy, the Environment and Water is the first step in what is likely to be a radical transformation of Commonwealth environmental legislation.
The UK’s telecoms regulator has acknowledged that the current economic environment threatens investment in mobile networks and new technologies and said it is open to potential mergers between the four major mobile network operators (MNOs).
Chris Thomas tells HRNews about providing employee benefits in a more tax efficient way to help employees’ finances
Susi Donaldson tells HRNews about the importance of data in driving D&I change in the business
Financial services firms may be concerned about the prospect of reforms to UK’s Senior Managers and Certification Regime (SMCR) so soon after the regime was introduced and given the time, money and effort spent on its implementation, experts have said.
The UK Financial Conduct Authority (FCA) has fined a financial adviser more than £2 million for providing unsuitable advice to consumers to transfer out of the British Steel Pension Scheme (BSPS) and other defined benefit (DB) pension schemes.
The African arbitration community is divided as to the reasons why arbitrations in Africa are now being conducted more sustainably and to the future importance of African arbitration practices in addressing global environmental challenges.
New UK rules for the regulation of appointed representatives (ARs), which entered into force last week, come with new data provision timelines and are an example of the Financial Conduct Authority’s (FCA) new focus as a data-led regulator, according to one legal expert.
Scotland will introduce a drink container deposit return scheme (DRS) from August 2023. It is designed to improve recycling rates, reduce litter and help to tackle climate change.
The UK’s Competition and Markets Authority (CMA) has ramped up its focus on applying its consumer law enforcement powers in relation to online selling across all industries.
UK government plans to deliver healthcare more directly in the community via new diagnostic centres raise tax and regulatory issues that landlords will need to navigate, legal experts have said.
The member states of the European Union are aiming for a gradual application of the Corporate Sustainability Due Diligence Directive (CSDDD).
The Dubai International Financial Centre (DIFC) has proposed making ‘buy now pay later’ (BNPL) services a regulated financial service activity, meaning that service providers would need to apply for a licence to operate there.
The number of technology providers subject to UK legislation on network and information security (NIS) is set to expand under plans confirmed by the UK government.
Private finance will be a crucial element of Africa’s climate adaptation and resilience efforts, according to a legal expert.
A new price cap on Russian crude oil represents an unprecedented approach to international sanctions, according to one legal expert.
Corruption risk can materialise throughout the lifecycle of a renewable energy project. If it is not managed properly, businesses and their directors can face criminal penalties and reputational damage.
The UK’s Financial Conduct Authority (FCA) has proposed ways to make financial advice more accessible and cheaper for consumers interested in investing in certain mainstream investments.
Emma Johnston tells HRNews about possible future changes to employment rights in the umbrella company market
Lynette Jacobs tells HRNews about an error made by HMRC in previous guidance on the use of discretion clauses in EMI Option agreements
New flexible working draft legislation in the UK will be good news for employees but employers will be concerned about additional burdens, according to legal experts.
The Central Bank of Ireland has published its macroprudential policy framework for Irish property funds, in a move that legal experts say gives managers much greater clarity.
The possibility of US-style class actions hitting the UK pensions scene has long been talked about, but this phenomenon has yet to materialise.
findings from a recent study highlight the resilience of the African arbitration community during the Covid-19 pandemic and how investment in technology in the face of adversity has set Africa up to play a more prominent role in global arbitration now and in future.
Renewable energy projects in the Philippines can now be wholly owned by foreign companies for the first time.
The Council of the European Union has adopted the EU Sustainability Reporting Directive (CSRD). It will require significantly more companies to report on the sustainability of their business activities and introduce new mandatory standards. Some non-EU-businesses will also be affected.
The right to protest is a pillar of a democratic society and a fundamental human right.
Strict requirements are outlined in UK and EU data protection laws in relation to the international transfer of personal data.
The European Data Protection Board (EDPB)’s proposals to update the process for binding corporate rules (BCRs) for controllers confirm that companies transferring personal data outside of the European Economic Area are required to carry out a transfer risk assessment and put in place safeguards to mitigate any of the risks identified, a legal expert said.
The theme of this year’s International Day of Persons with Disabilities on 3 December, ‘transformative solutions for inclusive development: the role of innovation in fuelling an accessible and equitable world’, represents an opportunity for employers to consider how they can better support their employees in the wake of the Covid-19 pandemic.
The UK’s transition to hydrogen-powered vehicles is being held back by the fact that its hydrogen infrastructure is not yet ready to accommodate a major shift to the fuel.
Most construction contracts contain termination clauses which give parties the right to terminate in certain circumstances. Fewer construction contracts entitle a party to suspend the performance of its obligations.
Most rates that VAT is charge at in Luxembourg are to be temporarily lowered in 2023. The measures are designed to help businesses and consumers cope with the costs of high inflation.
Two recent court decisions in the Irish High Court should give non-executive directors pause for thought, according to one legal expert.
The Celtic Interconnector – a subsea electrical cable ensuring power transmission in both directions between Ireland and France – will “make the economics of investing in renewables more favourable”, according to one expert.
A judge in England and Wales has granted a cryptocurrency exchange a court order requiring six other cryptocurrency exchanges to share information which could help it identify alleged fraudsters.
Chris Thomas tells HRNews why end users should check their supply chains carefully when umbrella companies are involved
Rob Childe tells HRNews about recruiting underrepresented groups to address skills gaps in manufacturing
Lynette Jacobs tells HRNews about the Investment Association’s updated Principles of Remuneration and linking pay to ESG targets
The Singapore government has accepted all 12 recommendations by the Advisory Committee on platform workers. The recommendations cover platforms workers’ wellbeing and safety.
The Court of Appeal in Australia recently dismissed an appeal concerning a successful challenge to an adjudication determination made under the Building and Construction Industry (Security of Payment) Act 2009 (ACT) (SOPA).
Infrastructure companies are expected to improve their performance against climate targets. As participants in a high-emitting industry they must make significant changes, including making financial disclosures to prove what they are changing and doing to actively mitigate climate risk.
The date on which the new Unified Patent Court (UPC) in Europe is scheduled to become operational has been delayed until 1 June 2023.
The UK’s tax authority, HM Revenue and Customs (HMRC), has statutory powers under Schedule 36 to the Finance Act 2008 to issue an information notice which requires a person to provide information or produce a document if that information or document is ‘reasonably required’ for the purpose of checking the taxpayer’s tax position or for the purpose of collecting a tax debt of the taxpayer.
Smart garden communities have an opportunity to use technology and data to deliver energy savings, improved health outcomes and transport efficiencies for their communities – and realise new revenue streams in the process, an expert has said.
EU judges are expected to provide some clarity on the concept of a ‘new active substance’ in a ruling set to be published on Wednesday 7 December.
Amendments made to the UK Online Safety Bill in relation to so-called ‘legal but harmful’ content place a greater emphasis on both the contents and enforcement of online platforms’ terms and conditions.
One of the central themes emerging from this year’s World Biosimilar Congress held in Basel was that biosimilar manufacturers will become more strategic about the markets they target for launching new products in the months and years ahead. This is necessary if the overall market is to grow and remain profitable.
‘Smash ‘n’ grab’ claims are the most common currently being dealt with by adjudicators in the UK. They are usually straightforward to deal with but some recent cases provide valuable lessons for companies caught up in them.
Shipping companies subject to a class action-style lawsuit in the UK have been censured by a tribunal over their communication with businesses eligible to sue them and ordered not to repeat the behaviour.
Companies around the world are facing increasing difficulty in hiring and retaining workers. Increased holiday entitlement has become one way in which employers compete.
Singapore’s approach of providing cash prizes to businesses that develop innovative technological solutions in financial services has been endorsed by the chief operating officer (COO) of the UK Financial Conduct Authority (FCA).
The UK government is expected to publish its much-awaited Digital Markets, Competition and Consumer Bill imminently, in a move representing the “most significant reform of UK competition and consumer protection laws in years”, according to legal experts.
The latest statistics from the UK Health and Safety Executive (HSE) highlight a concerning upwards trend in instances of work-related stress, depression, and anxiety.
Harriet Dwyer tells HRNews about the ICO’s new guidance on data protection issues arising from the use of artificial intelligence
New York lawyer, Ben Stockman, tells HRNews about a rise in the popularity of trade unions in the US
Financial services firms and technology providers that supply them will be subject to new operational resilience obligations under legislation approved by EU law makers earlier this week.
Higher education providers in the UK need to step up their efforts to protect students’ rights and comply with consumer laws, an expert has said as the Office for Students (OfS) and National Trading Standards announced a new partnership.
A ruling by the Court of Justice of the European Union (CJEU) has recognised the need to balance anti-money laundering and terrorist financing measures with privacy rights, an expert has said.
Businesses that manage regulatory risk, put in place robust processes to avoid greenwashing, and invest in improving climate change understanding in the boardroom will minimise their exposure to climate-related litigation, a dispute resolution expert has said.
Infrastructure companies can strengthen their corporate governance frameworks by embracing reporting requirements developed by the Taskforce for Climate-related Financial Disclosures (TCFD).
The UK’s life and pensions sector is facing changes that will require firms to bring legacy legal obligations into line with wider operational and capital efficiency measures.
Many firms in the UK life and pensions sector are considering action to bring their legacy products in line with current law and regulation, and to deliver better and fairer outcomes for their customers.
Transformational change is taking place in the UK’s life insurance and pensions sector – but adapting will require many businesses to address their complex pasts.
There is an urgent need for the current parliament to legislate and create a robust regulatory framework on self-driving vehicles to maintain the UK’s leading position in commercialising the new technology, warned experts in the future of mobility before the House of Commons Transport Committee.
Financial services firms need to engage the help of service providers to meet their obligations around operational resilience in the UK. The regulatory requirements firms are subject to need to be reflected in services contracts.
The Saudi Authority for Data and Artificial Intelligence (SDAIA) has opened a public consultation on proposed amendments to the Personal Data Protection Law, which received Royal Decree in September 2021 and became effective in March 2022.
Rob Childe tells HRNews about practical ways to improve transgender inclusivity within the workplace
Jon Fisher tells HRNews how changes to minimum wage rates announced in the Autumn Statement may lead to breaches of legislation if unchecked
The question of whether an AI machine can be named as an inventor of a patent has reached the end of the road before the courts in Australia.
The Russian invasion of Ukraine has resulted in a swift and growing international response as nations seek to use economic sanctions to put pressure on Russia to withdraw from Ukraine.
Recent determinations by the UK’s Pensions Ombudsman offer insight into how the watchdog assesses and relies on evidence, as well as how it expects pension providers to act when there is uncertainty surrounding figures they are provided with.
The UK’s Pre-Emption Group (PEG) has revised its statement of principles in response to the secondary capital raising review, published earlier this year.
Earlier this month, the London Court of International Arbitration (LCIA) formally launched the Spanish translation of its arbitration rules, in a move described by one legal expert as an attempt to promote the court around the world.
The UK Supreme Court has blocked Scottish Government plans to hold an independence referendum next year, ruling that the Scottish parliament does not have the competence to legislate for one.
A new Green Deal has been signed between the Dutch government, public bodies and companies in the healthcare sector, including pharmaceutical companies. It is designed to give sustainability in the healthcare sector a further push.
Businesses in and outside the EU need to prepare for the EU Corporate Sustainability Due Diligence Directive, which will require them to monitor their supply chains for the risk of violations of human and environmental rights.
A new complaint submitted to the Competition and Markets Authority (CMA) represents the continuation of a recent trend where claims that may have previously been raised in the context of other regulatory frameworks are instead raised within the sphere of competition law, an expert has said.
The Court of Appeal for England and Wales has ruled that a switch of the currency in which payments were made in a ship charter contract would count as ‘reasonable endeavours’ and would avoid the contract not being fulfilled because of a force majeure event.
The number of companies using sustainability-linked loans for their corporate borrowing is rising. Borrowers and lenders want ESG elements to be documented as part of their loans. Success depends on choosing the right key performance indicators and sustainability-related performance targets.
Provisions obliging one party to pay a specified sum to another where the first party has not performed a contractual obligation are widely used in construction contracts as a means of compensation for delayed completion and breach of guaranteed performance standards.
Little was achieved at the recent COP27 conference in Egypt to dispel criticism that policymakers globally are not going far enough, fast enough, to address climate change.
David Bryden tells HRNews about the steps employers are taking to align their policies with ESG targets
Shara Pledger tells HRNews about temporary visa schemes available to some sectors but not others
In the case of audio electronics company Harman against the Polish distributor AB S.A., the CJEU clarified that trademark owners do not have to establish a system under which a third party can directly see the intended market of a specific item of goods.
There is growing divergence between UK and EU rules that are intended to enhance the security of payments and limit fraud, with a knock-on impact for payment service providers (PSPs) that operate in both jurisdictions.
The UK government has confirmed that it will continue to recognise the CE product marking in Great Britain for two additional years.
Universities and higher education providers are well-placed to adopt sustainable financing solutions, but should beware of growing scrutiny over ‘greenwashing’, experts have said.
Civil penalties for companies and people in the Australia who breach the 2010 Competition and Consumer Act (CCA) will increase significantly under proposals in the 2022 Treasury Laws Amendment (More Competition, Better Prices) Bill.
The Central Bank of Ireland is planning to clarify new reporting obligations for Irish investment firms that produce or sell packaged retail investment and insurance-based investment products (PRIIPs), according to a legal expert, ahead of a fast-approaching deadline.
Rules requiring EU countries to meet stricter supervisory and enforcement measures and harmonise their sanctions were approved by members of the European parliament (MEPs).
The City of Johannesburg’s City Power has invited independent power producers to supply the city with excess energy through a programme of short-term power purchase agreements.
The status of global supply chains “remains volatile”, an expert has warned, despite evidence that the worst of the pandemic-related pressures appear to be easing.
Major technology providers could rethink how they package arrangements around the sub-processing of personal data into the products and services they offer businesses in response to new guidance issued by the UK’s data protection authority, an expert has said.
The UK chancellor’s decision to delay the start of the lifetime cap on care costs is a “final nail in the coffin” for the concept, according to one legal expert.
An increase to the UK national minimum wage unveiled in the chancellor’s autumn statement should prompt employers to ensure that they do not inadvertently pay staff less than what they are entitled to, according to one legal expert.
Policymakers must learn lessons from previous support schemes designed to boost energy efficiency, and drive the regulatory reform businesses need, if the new energy consumption target announced by the UK chancellor on Thursday is to be met, experts have said.
The UK chancellor’s pledge to push forward with a raft of major infrastructure and energy projects despite a squeeze on public finances will come as a relief to the industry, according to legal experts.
The UK chancellor has backed reforms to the Solvency II regime that could “unlock tens of billions of pounds” for investment across the economy.
UK tax policy must be calibrated with the government’s plans to achieve a transition to a ‘net zero’ emissions economy by 2050, a tax expert has said.
The first hearing has taken place in Germany of a case which seeks to force carmaker BMW to rebuild its business in a climate-friendly way and "drastically reduce" the CO2 emissions of its vehicles.
Entrepreneurs and other business owners in the UK will be relieved that there will be no increase in the rate of capital gains tax (CGT) following today’s Autumn Statement, a tax expert has said.
The UK chancellor’s decision to cut the R&D tax credit for small and medium-sized enterprises (SMEs) from 14.5 to 10% from 1 April 2023 is “hugely disappointing and frustrating and is likely to be detrimental to innovative start-ups”, a tax expert has said.
The introduction of a new electricity generator levy in the UK could curb investment in new renewable energy projects, experts have warned.
The delivery of the autumn statement by UK chancellor Jeremy Hunt on Thursday marks the start of a new period of fiscal restraint in the country. It will require businesses to think more creatively about how government can best support them and the sectors they operate in.
The UK’s advertising regulator has published new rules on how to target age-restricted ads responsibly online. Advertisers need to ensure compliance right from the start of the campaign planning, according to experts at Pinsent Masons.
Companies struggling with inflation, energy costs and tough trading conditions are in a better position to renegotiate their financial position than in other recent recessions.
The Irish Department of the Environment, Climate and Communications (DECC) has finalised the terms and conditions for the first auction to supply electricity from offshore wind under the Renewable Electricity Support Scheme (ORESS 1).
Juliana Reno tells HRNews about the impact on health plans of the US Supreme Court’s decision to overturn Roe v Wade
The UK’s Financial Conduct Authority (FCA) has called on financial services firms to review how they calculate compensation owed to retirement savers encouraged to transfer out of ‘final salary’ pension schemes on the strength of unsuitable advice.
New legislation, regulatory guidelines and technical standards have been developed in Saudi Arabia as part of a new open banking framework.
Financial services providers are taking take steps to ensure that their client-facing services are operationally resilient in response to recent regulatory developments. The aim is to prepare thoroughly for disruption and prevent, as far as possible, any customer from experiencing an “intolerable” level of financial, reputational or other form of harm.
A new duty is being proposed in Scotland that would require employers to pay for transport home for staff working late night shifts.
Action taken by GCHQ and BAE Systems to encourage neurodiverse women into cybersecurity roles in their organisations is an example of how employers can target recruitment drives at under-represented groups to address skills gaps, an employment law expert has said.
Taxpayers should consider whether they should make a voluntary disclosure of their tax liabilities to HMRC in response to the UK’s signature of two tax treaties that will result in HMRC receiving more information from other tax authorities on income from digital platforms and certain offshore structuring, an expert has said.
An Italian court ruling in favour of the football club Juventus highlights the importance of conducting thorough due diligence before seeking to sell non-fungible tokens (NFTs) containing images of others’ brands, expert have said.
UK banks have been told to share more information and strengthen their borrower monitoring procedures following the collapse of the Arena Holdings Group.
Employers and contractors that work closely with one another from the early stages of projects, and step away from traditional contracting models that encourage an adversarial relationship, are more likely to build lasting partnerships that offer the potential to address challenges around sustainable development, innovation, and supply chain resilience.
Emma Noble tells HRNews about making full deductions or partial deductions from the pay of striking workers
Ruth Stephen tells HRNews about Federal Decree Law No.14 of 2022 which lifts the cap on the length of fixed-term employment contracts
Shara Pledger tells HRNews about the implications of the latest extension to the visa rules for offshore wind workers
There are opportunities for infrastructure businesses to build their resilience against climate change and attract fresh investment as they adapt to and implement evolving climate-related financial disclosure requirements, according to experts at Pinsent Masons.
A group of prominent developers, construction companies and consultants is behind the publication of ‘Trust and Productivity’, a best practice guidance to tackle stagnant productivity in the construction sector.
Fitness for purpose obligations impose strict legal responsibility on a design and build contractor for the particular result or outcome that is brought about by the operation or use of the completed works.
Contractors preparing to implement the requirements of the Taskforce on Climate-related Financial Disclosures (TCFD) will be at different stages on their reporting journey.
Consultants preparing to implement the requirements of the Taskforce on Climate-related Financial Disclosures (TCFD) will be at different stages on their reporting journey.
Materials and equipment suppliers preparing to implement the requirements of the Taskforce on Climate-related Financial Disclosures (TCFD) will be at different stages on their reporting journey.
Infrastructure asset owners preparing to implement the requirements of the Taskforce on Climate-related Financial Disclosures (TCFD) will be at different stages on their reporting journey.
Investors behind the construction of two data centres could not claim Enterprise Zone allowances (EZAs) on the expenditure they incurred because it was deemed to have been incurred under a contract entered into outside of the statutory window for claiming the allowances.
The publication of new guidance aimed at enhancing transparency over advertising online could be the precursor to future enforcement action by a UK regulator, experts have said.
The UK’s payment services and e-money firms should thoroughly review their business models and distribution channels, identifying the points at which retail customers are involved in transactions, and put retail customer outcomes at the heart in complying with the new consumer duty introduced by the FCA, according to one legal expert.
The Retained EU Law (Revocation and Reform) Bill will fundamentally change the UK’s post-Brexit legal landscape if it becomes law, including impacting intellectual property (IP) related legislation.
The UK’s advertising regulator has outlined next steps in its continued effort to tackle misleading environmental claims, following the results of its recent research on advertising claims that products or services are ‘net zero’ and ‘carbon neutral’.
Proposals for a new framework and supporting guidance have been issued to help businesses in the UK develop and communicate climate-related transition plans.
The ‘back-to-back’ principle in contracting essentially confers rights or obligations in one contract on other parties under a subsidiary agreement.
Trish Embley tells HRNews about staff training to prevent sexual harassment in the workplace
James Sullivan-Tailyour tells HRNews about the impact of the EAT’s decision in Ponticelli v Gallagher on share plans
The Indonesian government has published new guidance on how to invest sustainable ocean economy-related projects to achieve the country’s sustainable development goals (SDGs).
The drive to scale up the generation of clean energy at speed globally in response to the climate crisis and concerns over energy security is one of a number of converging factors that heighten the risk of corruption for businesses operating in the renewables sector.
Companies that are not established in the EU could face more uncertainty when reporting a data breach involving EU data subjects and complying with the General Data Protection Regulation (GDPR), due to a proposed change to remove the “one-stop shop” reporting mechanism.
UK employers may be delegating too much of their right to work checks to third-party identity service providers (IDSPs), according to one legal expert.
The New South Wales (NSW) Supreme Court in Australia has considered a significant question concerning the intersection of the winding up provisions in the Corporations Act 2001 (Cth) (Corporations Act) and the Building and Construction Industry Security of Payment Act 1999 (NSW) (SOP Act).
Universities should develop clear policies and procedures around when and how family members, carers and trusted contacts can be involved when there are serious concerns about a student’s mental health, experts have said.
Sports bodies need to acknowledge that mental health issues can affect their athletes and foster a culture, and develop underlying policies and processes, to support those impacted, experts have said ahead of the FIFA World Cup in Qatar, where the issue is expected to come to the fore again.
Companies must adapt their HR strategies to find and retain talent in the midst of a global labour and skills shortage.
The UK’s plans to cap earnings from renewable energy generation have undermined investor confidence and could cause delays to new renewables projects. This in turn could affect the UK’s ability to meet power sector decarbonisation targets.
Judicial review is an audit of the legality of decision-making by public bodies in the UK.
Covid helped us to understand once and for all just how fragile supply chains are, and how crippling it can be for companies and whole economies when they fail. Putting relationship health at the heart of the supply chain is what will help companies to thrive in challenging times.
A recent Board of Appeal of the EU Intellectual Property Office (EUIPO) decision proving that elements of colour can help to get the 3D shape of a product registered as a trade mark could set a precedent for brand protection efforts in the life sciences sector.
European manufacturers should review their energy contracts and engage in scenario planning to explore and test what options are open to them for addressing the challenges of high energy costs and moves to cut energy consumption this winter.
Businesses should review the basis on which they are transferring personal data internationally ahead of a looming EU compliance deadline that falls before the end of the year, data protection experts have said.
A new regime for certain types of ‘crypto tokens’ published by the Dubai Financial Services Authority (DFSA) demonstrates that the regulator has “its eye on the key issues” in the virtual asset industry, according to a legal expert.
Helen Corden tells HRNews about the impact of the Supreme Court’s ruling in Harpur Trust v Brazel in the university sector
James Sullivan-Tailyour tells HRNews about the EAT’s decision in Ponticelli UK Ltd v Gallagher
Phil Newton tells HRNews about Employee Assistance Programmes and the employer’s duty of care to staff
Online retailers have been urged carefully to review whether they can rely on exemptions to UK consumer rights laws that apply to bespoke goods.
Assertions that a trade mark has been registered in bad faith should be assumed to be true unless the trade mark holder can provide evidence to demonstrate otherwise, the Court of Appeal has said.
There is growing acknowledgment across government and industry of the opportunities modern methods of construction (MMC) offer for delivering infrastructure projects in a more efficient and sustainable way.
International commitments to prevent global temperatures from rising above 1.5C are “still alive, but only just”, according to Douglas Alexander, strategic adviser at Pinsent Masons.
There are clear benefits for businesses to integrating climate risk and opportunities into organisational strategy. This can be done by implementing obligations arising from a framework developed by the Taskforce for Climate-related Financial Disclosures (TCFD).
Indonesia has introduced three options to let coal-fired power plants be retired earlier than planned, according to a report.
Workers in Singapore will be able to file unpaid salary claims online via an online portal effective in March 2023.
Singapore’s Ministry of Trade and Industry (MTI) has published plans to grow its hydrogen industry, as part of its target to achieve net zero emissions by 2050.
A Company Share Option Plan (CSOP) is a tax-advantaged share plan that enables a company to grant market value share options to selected executive directors and employees.
The UK government is supporting a private member’s bill to bring back employers’ liability for harassment of employees by third parties at work, as well as introduce a new duty to prevent workplace sexual harassment.
The recent sentencing of a nursery manager for health and safety failures which led to the death of a toddler in Scotland underlines the need not only for employers to have robust compliance policies but also for their senior managers to ensure those policies and procedures are duly carried out, according to a health and safety law expert.
The potential of psychedelics for treating mental health conditions is being explored by a growing number of pharmaceutical companies. Taking psychedelics through the legal regulatory pathway to approval as mainstream medicines will require significant investment.
When businesses use other manufacturers' packaging to provide their own products, they must be careful not to give consumers the impression that there is an economic link between them and the trade mark owner, the Court of Justice of the EU (CJEU) has ruled.
Emma Johnston tells HRNews about Mogane v Bradford Hospitals Trust and the importance of early consultation in redundancy cases
Stuart Neilson tells HRNews about the implications of the EAT’s decision in Ponticelli UK Ltd v Gallagher
Planning law in England should be updated to avoid a situation where the original planning permission granted to a site is invalidated by departures from the original approved plans because subsequent planning permissions granted for development within that site have made compliance with the original scheme physically impossible, an expert has said.
The consultation paper on the UK Financial Conduct Authority’s (FCA) plans to tackle greenwashing sets out a new ‘anti-greenwashing’ rule for all regulated firms.
In recent years, several amendments to the Public Tender Law and the Public Tender Regulation in Qatar have had a significant impact on the procurement process.
The Financial Conduct Authority (FCA) has published its long-awaited consultation paper on the UK’s sustainability disclosure requirements (SDR) and investment product labels, which also proposes a clear anti-greenwashing rule that will apply to all FCA-regulated firms.
Diversity is becoming an increasingly important value for modern workplaces. Both businesses and their employees profit from a diverse workforce and an anti-discriminatory working environment.
The 2021 National Security & Investment Act creates a screening regime, giving the UK government the powers to assess, intervene in and in rare instances, block transactions which may give rise to national security concerns.
A new ruling by the Court of Appeal in London has clarified that technology standard implementers, such as Apple, must accept a court-determined royalty for standard-essential patents or face an injunction in cases where those patents have been found to be valid, essential and infringed.
An amendment to the United Arab Emirates’ (UAE) Labour Law lifts the cap on the length of fixed-term employment contracts.
The UK government has published updated proposals on the disclosure by relevant defined contribution (DC) pension schemes of illiquid assets and on the exemption of performance-based fees from the DC default fund charge cap.
Latent adverse physical conditions, including obstacles, are a common cause of delay and disruption to the progress of completion of construction and engineering works.
Final regulations to enable people in the UK to access information on their pensions through online pension dashboards have been laid before parliament.
EU proposals requiring online platforms to “detect, report and remove” images of child sexual abuse shared by their users must not compromise end-to-end encryption technology, according to one legal expert.
A landmark UK Supreme Court ruling that found taxpayers must prove how much VAT they are entitled to reclaim could have major implications for other claims worth tens of millions of pounds, according to one legal expert.
Significant storm clouds have gathered across the global construction market as inflationary pressures during a post-Covid recovery surge in demand, the war in Ukraine and other regional problems continue to cause cost pressures and supply chain disruption.
The European Commission has published a new study from the Max Planck Institute on EU plans to create a unified procedure for granting supplementary protection certificates (SPCs).
Rebecca Sulley tells HRNews about the users’ experience of the Employment Tribunal System
Kate Dodd tells HRNews why HR professionals should be alive to the 'anti-woke' debate in the workplace
New Advertising Standards Authority (ASA) rules designed to protect under-18s in the UK will force gambling and lottery brands to change their current and future advertising practices, according to one legal expert.
Corporate and financial regulators in Australia and around the world appear poised to investigate and prosecute inadequate reporting and management of climate change risks, which is seen as a form of greenwashing.
Proposed amendments to the Dutch anti money laundering law could lead to sweeping changes in how Dutch banks monitor and analyse data to combat criminal activities in the country, but critical questions over data privacy and customers’ rights remain to be ironed out, according tothe Dutch Data Protection Authority (DPA).
Recent determinations by the UK’s Pensions Ombudsman offer insight into how the watchdog assesses and handles out of time complaints, as well as guidance for pension providers on communicating regulatory changes to savers and on calculating appropriate redress for errors.
Germany has amended its insolvency law to protect businesses under financial pressure due to the energy crisis from having to file for insolvency prematurely.
The Supreme Court of New South Wales (NSW), in a recent case, has issued a reminder that adjudication determinations should not be made based on matters not raised by parties.
Climate change and net zero targets have created challenges for high carbon emitting industries such as international shipping. The Poseidon Principles were created to meet the need for a global framework for responsible shipping finance.
New UK medical device regulations are to be brought into force by July 2024 – a year later than originally anticipated, the Medicines and Healthcare products Regulatory Agency (MHRA) has confirmed.
The Digital Services Act (DSA) fundamentally alters the liability framework for online intermediaries operating in the EU and stiffens requirements around how they manage illegal and harmful content published, and goods and services sold, via their services. However, not all service providers are affected by the DSA in the same way.
The dispute over Cosco Shipping's planned entry into the Port of Hamburg "highlights the growing importance of investment control in Germany", an expert said.
EU lawmakers are close to adopting some of the most comprehensive regulations applicable to crypto-assets of any jurisdiction globally. The Markets in Crypto-Assets Regulation (MiCA) could potentially set the pattern for other jurisdictions to follow.
The policyholder of a group insurance policy can, in certain circumstances, come within the definition of ‘insurance intermediary’ in the EU’s Insurance Distribution Directive (IDD), according to the Court of Justice of the EU (CJEU).
The EU Digital Services Act (DSA) will come into force on 16 November following its publication in the Official Journal of the EU (OJEU) on Thursday.
The waste and recycling sector in the UK is to come under tighter scrutiny by the Health and Safety Executive (HSE) amid fears relating to its safety record.
To protect their vital investments in global infrastructure, energy and other development projects, multilateral development banks (MDBs) police fraud, corruption, collusion and other forms of corporate misconduct.
Investment fraud has never been more prevalent than it is now, and victims of fraud are increasingly looking away from the criminal justice system for solutions.
The Irish electricity sector will see a major rise in the use of corporate power purchase agreements (CPPAs) in the near future, according to one legal expert.
A High Court judge in England has ordered parties to abandon the standard process for disclosure due to the special circumstances of the dispute.
Uncertainty over government policy on onshore wind development in England casts a shadow over the new record that has been set for wind generation in the UK, according to an expert.
All commercial contracts contain a number of ‘boilerplate’ clauses, which are often seen as standard add-ons to the main terms and conditions of the contract.
The ‘nuclear option’ of terminating a construction contract requires careful consideration of the practicalities, potential pitfalls and possible alternatives given the commercial consequences of getting it wrong.
EU institutions have limited scope to interrogate the assessments and decisions of national regulators relevant to marketing authorisations granted for medicines, according to a legal adviser to the EU’s highest court.
The entry into financial services markets by major technology companies could accelerate digital transformation at banks, insurers and other incumbent firms, to the benefit of those businesses and consumers too, the Financial Conduct Authority (FCA) has said.
A decision by the Dutch Administrative High Court to allow a bank to use artificial intelligence (AI) in its transaction monitoring processes has been welcomed by one legal expert.
New guidance for firms without primary liability under the UK’s plastic packaging tax (PPT) regime lacks crucial detail, according to one legal expert.
Kate Dodd tells HRNews about a menopause product designed by D&I consultancy Brook Graham to help support women
Penny Simmons tells HRNews about the reversal of the IR35 changes announced in the ‘mini budget’
Harriet Dwyer tells HRNews about the ICO’s draft guidance on employee monitoring at work
There is increasing scrutiny of product promotions in video blogs (vlogs) in Ireland, a copy clearance expert has said.
Businesses operating websites and apps in Ireland have been given until 6 October this year to update their policies and practices on 'cookies' in line with new guidance issued by the Data Protection Commission (DPC). Cookies are small text files that record internet users' online activity.
New guidance provides "useful insight into how Ireland's data protection regulator will assess the way in which organisations engage cloud computing providers", a Dublin-based data protection law expert has said.
Data protection law does not prevent organisations taking steps to address the spread of coronavirus, regulators have said.
Insurers and reinsurers operating in Luxembourg will have to pay even greater attention to their outsourcing arrangements and structure their communications in this regard more carefully from the beginning of November, an expert has said.
Car rental companies, travel agents and other Irish businesses that carry out some insurance activities may be required to register as ‘ancillary insurance intermediaries’ under the EU’s Insurance Distribution Directive (IDD) regime.
A new study into arbitration in Africa conducted by the School of Oriental and African Studies of the University of London (SOAS) shows strong support for the establishment of an African commercial court.
The New South Wales Supreme Court recently confirmed that building owners may add new defect claims to an existing proceeding for breach of statutory warranties – even if the warranty period for those new claims has expired.
Insolvency practitioners (IPs) and receivers must be mindful of new registration requirements applicable to UK property transactions involving entities from outside the UK.
The Gauteng Local Division of the High Court of South Africa recently reaffirmed that organs of the state, such as government departments, cannot unduly benefit from invalid contracts with service providers.
The UK and US agreed to enhance their cooperation in implementing financial sanctions, in a bid to maximise the impact of the measures imposed on Russia following its invasion of Ukraine as well as to ease the compliance burden for business.
The Inner House of the Court of Session in Scotland has ruled that the Scottish Legal Complaints Commission (SLCC) is not entitled to recover legally privileged information in a solicitor’s file to investigate a third-party complaint unless the client gives permission.
A ruling by the UK Supreme Court confirms that the principles set out in earlier cases on use of the ‘time bar’ rule in VAT claims against HM Revenue and Customs (HMRC) are still correct, according to one legal expert.
The latest Scottish government prospectus for independence does not provide the certainty that voters and businesses might expect on key economic issues, according to one public policy expert.
Francis Keepfer tells HRNews about the Employment (Allocation of Tips) Bill which has passed Committee Stage in the Commons
Kate Dodd tells HRNews about the findings of the All-Party Parliamentary Group on Menopause
Foreign investors in renewable energy projects in the Philippines should be able to hold 100% ownership of a project and not be restricted to a 40% share, according to the Philippines Department of Justice (DOJ).
Jeremy Hunt’s decision to retain the UK’s increased rate of income tax on dividends will hit entrepreneurs hardest, according to one legal expert.
Understanding employment law, tax obligations and the regulatory framework, as well as what protections are available for intellectual property, is important for any multinational company planning to expand into new jurisdictions.
Multinational companies that wish to establish operations in a new jurisdiction need to think about what vehicles are available to allow them to do so, and which option is the right one for their business.
Singapore is one of the most welcoming countries in Asia for expatriates and businesses. It is safe and orderly, with clean and green surroundings. Living standards are high with excellent facilities for shopping, sports and recreation. More than a dozen international schools cater to the needs of the expatriate community.
A new Financial Reporting Council (FRC) report on ethnic diversity among senior leadership of the UK’s large public companies signals the importance of increasing ethnic diversity as part of firms’ environmental, social and governance (ESG) priorities.
Online ‘gatekeepers’, and the businesses that use them, have been advised to review their relationships with one another after the EU Digital Markets Act (DMA) was formally published.
The first ever national standard on modern slavery has been published by the British Standards Institution (BSI), providing organisations with important guidance on managing modern slavery risks.
Susi Donaldson tells HRNews about the importance of data in driving D&I change in the business
US lawyer, Todd Lebowitz tells HRNews about some of the legal barriers to attracting and retaining over-55s in the states
Negotiations between telecoms operators and landowners over the rent levels to set in agreements governing rights to install, maintain and operate telecoms equipment on property in the UK will be better informed by four recent rulings.
Last year’s changes to the UK’s IR35 employment tax rules will no longer be undone, the new chancellor has announced, amid a raft of U-turns on prime minister Liz Truss’ flagship economic measures.
Jeremy Hunt has reversed the “seismic” changes in UK economic policy made by his predecessor three weeks ago, according to one expert, after he pledged to undo almost all the flagship measures included in the government’s ‘growth plan’.
Close collaboration between the UK and Australia’s infrastructure sectors will enable professionals to share skills and best practice, particularly around long-term ‘mega projects’, according to industry experts.
The recent crisis in the liability driven investment (LDI) market in the UK should spur pension trustees to review their governance arrangements, revisit their investment strategies, and take steps to ensure they have sufficient access to liquid assets, pensions experts have said.
Businesses can expect the UK government to propose amendments to the Data Protection and Digital Information Bill, or even to scrap the Bill and restart the process of reform altogether, once MPs return to parliament, a data protection law expert has said.
The Court of Session in Scotland has confirmed that the court will enforce any alternative dispute resolution (ADR) provisions which are written into contracts and will uphold the power and discretion of the decision makers in those processes.
A court in Düsseldorf has said that infringers of patents in Germany need to seek a compulsory patent licence according to the requirements of the German Patent Act before they can rely on the so-called proportionality defence to the award of a patent injunction against them.
The legal framework for arbitration in England, Wales and Northern Ireland should be updated to ensure it “remains state of the art” and “continues to support London’s world-leading role in international arbitration”, advisers to the UK parliament have said.
Germany’s Federal Network Agency has clarified when car manufacturers and other manufacturers of products incorporating machine-to-machine (M2M) communication will fall under the German Telecommunications Act.
The use of bonds in construction industries around the world differ from jurisdiction to jurisdiction. There are different types of bonds and issues to be aware of when either providing a bond or taking the benefit of one.
Recently announced enforcement action should spur businesses across all sectors of the economy to risk assess their exposure to breaching UK sanctions, an expert has said.
Penny Simmons tells HRNews about the Chancellor’s decision to repeal the IR35 employment tax compliance changes from April 2023
The High Court in London has shed some light on the way to interpret model articles for companies with a single director, a question which had become unexpectedly problematic earlier this year
With very little notice, the European Insurance and Occupational Pensions Authority (EIOPA) has issued new, non-binding guidance to insurers and insurance intermediaries on how to integrate customer sustainability preferences into the suitability assessment required under the Insurance Distribution Directive (IDD).
The rise of populist governments, Covid-19 sceptics, climate change deniers, Russia-Ukraine war propogandists, and malevolent actors, coupled with a changing media market, has increased the risk of disinformation gaining traction online.
The Digital Services Act has been formally approved by EU law makers and is expected to come into force in the coming weeks.
New guidance from the European Commission should make it legally safer for people who are self-employed to cooperate with one another with a view to collectively negotiating better pay and other working conditions, a competition law expert has said.
Banks and other payment services providers (PSPs) are to be forced to reimburse customers who fall victim to authorised push payment (APP) fraud in the UK, a regulator has confirmed.
The Australian Energy Market Operator (AEMO) has published its 2022 Electricity Statement of Opportunities (ESOO) Report, setting out the need for investment in electricity generation, storage and transmission infrastructure.
Kate Dodd tells HRNews why it is not enough for firms to have a standalone menopause policy
Helen Corden tells HRNews about the impact on the university sector of the Supreme Court’s ruling in Harpur Trust v Brazel
Electronically stored information (ESI) is crucial to resolving your disputes and complying with your disclosure obligations.
The location where a company is tax resident is important when determining its liability to corporate taxes.
Disclosure refers to the part of the litigation process in which each party is required to make available to the other party documents that are relevant to the issues in dispute.
The Competition Commission in the Hong Kong Special Administrative Region (SAR) has issued its revised leniency policy for individuals involved in cartel conduct, effective from 8 September.
Australian firms are increasingly turning to automation and digitisation as a solution to the country’s massive shortage of skilled workers.
The European parliament’s decision to remove restrictions on green hydrogen development from draft legislation is an encouraging sign for the industry, according to one legal expert.
The environmental, social and governance (ESG) agenda will have an increasing influence on the way health and care businesses are perceived by prospective investors, lenders, employees, suppliers, service users and regulators – such as the Care Quality Commission in England.
A new property right that recognises an individual or entity’s control over ‘data objects’ should be established in law in England and Wales, the Law Commission has said.
Plans to update EU law to recognise by default that there is a causal link between the fault of artificial intelligence (AI) system providers and the output, or lack of output, produced by their AI systems, have been set out by the European Commission.
Three South Korean firms have planned to build a green energy export hub in Queensland to produce up to a million tonnes of green ammonia with 3GW (gigawatts) of renewable energy generation capacity.
Restructuring plans may be the solution to the problems faces by the UK’s beleaguered adult social care sector, which faces a widespread catastrophe caused by soaring energy prices that threaten to drive many providers into insolvency.
The ‘Macron scale’ on unlawful dismissals will still be applied by French courts, according to one legal expert, despite the decision of the European Committee on Social Rights that it violates the European Social Charter.
EU plans to create a new ‘European health data space’ (EHDS) will force digital health providers to meet a series of new legal requirements applicable to the systems they use for processing health data.
Pharmaceutical companies will get access to a wider pool of data for research and development purposes under EU plans to create a ‘European health data space’ (EHDS).
The Information Commissioner’s Office (ICO) is consulting on new guidance that seeks to clarify the responsibilities journalists have under UK data protection law.
It is understandable that much of the focus for financial institutions negotiating cloud contracts will be on ensuring compliance with the regulatory requirements they are subject to, but there are other contract issues that need their attention too.
Barriers to the adoption of cloud solutions in financial services are diminishing at a time of growing demand for banks and insurers to digitise their operations.
The European Commission has proposed a new emergency instrument aimed at stabilising the supply of strategically important goods and services in the European single market.
The reasons for financial institutions to move systems and data to the cloud have never been more compelling – and the barriers to doing so are diminishing.
A new law is expected to be passed in France to allow cultural property looted by the Nazis and currently in the possession of the French state to be returned to descendants of their rightful Jewish owners.
An increasing number of trade mark owners with UK rights are choosing to engage UK-based representatives to avoid the risk of losing ‘cloned’ rights after Brexit.
An update to the Civil Procedure Rules (CPRs) in England and Wales has handed fraud litigators a new key to help unmask fraudsters and trace misappropriated assets.
A new consultation on the ‘regulatory perimeter’ for trading venues demonstrates how the UK Financial Conduct Authority’s (FCA) approach is “moving away from EU-derived requirements”, according to one legal expert.
Countries that have signed up to the North Sea Energy Cooperation have agreed on new targets as part of plans to jointly accelerate the expansion of offshore wind energy in the region.
The construction and infrastructure sector in the UK has consistently seen the highest level of insolvencies across all sectors of the UK economy since 2018.
The Central Bank of Ireland’s documentation filing deadline for upcoming Sustainable Finance Disclosure Regulation (SFDR) measures are “a matter of urgency” for investment firms, according to one legal expert.
Gill Ross tells HRNews about the Employment Appeal Tribunal’s decision in the insourcing case Tuitt v London Borough of Richmond Upon Thames
Penny Simmons tells HRNews why new guidance from HMRC is a green light for large businesses to use its ‘CEST’ tool
Cryptocurrency (crypto) related disputes are on the rise around the world. They are well suited for and are increasingly being referred to arbitration.
Malaysia has published its national energy policy (NEP) 2022-2040, which provides details of its government’s priorities for the energy sector over the next 20 years - including electricity and thermal energy.
The UK’s research and development (R&D) tax credits system will change significantly in April 2023, in relation to the types of R&D activities that will qualify for tax relief and the way in which businesses can claim relief.
Directors at Irish head-officed insurance and reinsurance companies have been urged to more closely scrutinise the way their business manages the risk of outsourcing underwriting and pricing duties to managing general agents (MGAs).
The UK’s cloud services market is to be assessed by regulators to determine how well the market is working now, and how it is likely to be developed in future.
A recent decree issued in Dubai refines the UAE Civil Code provisions on musataha rights as they apply within the Emirate of Dubai and in the context of commercial and industrial land owned directly or indirectly by the government.
The recent extended downturn in cryptocurrency prices has brought an increase in crypto-related disputes involving individuals, crypto exchange platforms, crypto traders and crypto developers.
First impressions of the common law adversarial litigation system in the US suggest that it is similar to the adversarial system in England & Wales (E&W), particularly when compared to the inquisitorial system in many civil law jurisdictions.
Early-stage technology companies in Ireland face an uncertain future after a dramatic fall in overseas investment.
Chris Thomas tells HRNews about setting up a benevolent fund to help staff with the cost of living crisis
Zoe Betts tells HRNews about managing travel risk as more staff opt to work from abroad
Ed Goodwyn tells HRNews why employers must be very cautious about making pay offers directly to staff bypassing collective bargaining
The Court of Justice of the European Union (CJEU) has ruled that Germany's general data retention law does not match the requirements imposed by the EU. The ruling confirms that data retention is only admissible in certain strict circumstances.
There has been a significant increase in the popularity of alternative dispute resolution (ADR), in particular mediation and arbitration, in recent years.
UK government plans to support onshore wind in development in England are a boost to the UK’s decarbonisation agenda, an expert in renewable energy projects has said.
The ‘growth plan’ published today by the UK government represents a seismic shift in UK economic policy, will define the political careers of prime minister Liz Truss and her chancellor, Kwasi Kwarteng, and signals renewed support for ‘big business’.
The shift in hybrid working patterns should notionally free up time for hard-working legal teams.
The planned increase in UK corporation tax from 19% to 25% from April 2023 has been cancelled, the chancellor has confirmed.
UK government plans to accelerate reforms to the pensions charge cap are “unlikely to be the silver bullet” that unlocks pension investments in UK assets and high-growth businesses, according to one legal expert.
Legislation to address the UK’s “slow” and “fragmented” planning system will be tabled by the UK government in the months ahead to support the accelerated delivery of “priority major infrastructure projects”, UK chancellor Kwasi Kwarteng has said.
UK banks could still struggle to attract top talent back into the industry despite the government’s plan to scrap the limits on banker bonuses, according to one legal expert.
Changes to the IR35 employment tax rules introduced in April 2021 will be repealed from April 2023, shifting responsibility for compliance back to individuals rather than their employers, the UK chancellor has announced.
The UK government could reform the local development orders (LDOs) process as a first step towards accelerating development across the UK, a planning law expert has said.
Firms should work hard to draft dispute resolution provisions in contracts with “sufficient clarity and certainty”, according to one legal expert, after an English court ruled that a “tiered” alternative dispute resolution (ADR) clause was unenforceable.
A blueprint for hosting major events should be developed to help cities deliver successful events that derive maximum benefit for the public and businesses, experts have said.
Businesses operating in Oman will be subject to stiffer requirements over the way they process personal data from 9 February 2023.
The UK government has introduced a new Bill designed to remove the special features of EU law that remain in the UK legal system.
Employers in the UK are faced with having to choose between engaging a commercial provider or returning to in-person right to work checks to comply with new guidance that takes effect on 1 October 2022.
The Hessian Minister of Justice has presented proposals to the German Federal Council (Bundesrat) aiming to relieve German courts of the burden of civil mass proceedings. Two Bundesrat committees will now discuss the proposals.
The Covid-19 pandemic and other recent events have led to an increased focus on delays in construction projects with more than one cause.
Emma Noble tells HRNews about the government’s various proposals to limit strike action
Penny Simmons tells HRNews about the OTS review and tax implications of working across borders
The way that Roger Federer has cultivated his personal brand on and off the tennis court during his playing career has set him up to enjoy commercial success from it long into his retirement, a brand protection expert has said.
Patients can safely be switched onto ‘biosimilar’ medicines in place of the biologic medicines those biosimilars are based on without that reducing treatment effectiveness, the European Medicines Agency (EMA) and national medicines regulators across Europe have said.
A new UK tax penalty regime is expected to apply to value added tax (VAT) from 1 January 2023 followed by income taxpayers from 2024 and 2025, as part of plans to ‘harmonise’ the wider tax penalty regime.
The Australian Business Registry Services (ABRS) has produced new guidance on the director identification (ID) number initiative.
A recent decision by the Victorian Court of Appeal is a helpful reminder to parties of the best practices in negotiating the settlement of claims, including mediation.
A trade mark, in essence, can be anything which distinguishes your business from those of other traders.
The question of whether artificial intelligence (AI) systems can own and transfer patent rights under UK law is to be considered by the UK Supreme Court.
A recent report published by the International Labour Organisation (ILO) suggests even higher estimates of modern slavery than previous studies.
Applications to register a trade mark in the EU are filed at the European Union Intellectual Property Office (EUIPO), which was known as the Office of Harmonisation in the Internal Market (OHIM) until 23 March 2016.
The UK’s financial services sector must help regulators spot developing financial crime threats as the cost-of-living crisis starts to bite, according to one legal expert.
The UK government has agreed to simplify the exemptions for the by-product aggregate levy, after the reform was proposed by tax law experts at Pinsent Masons.
South Africa’s Department of Mineral Resources and Energy (DMRE) has published “game-changer” proposals to reform the country’s energy generation licensing regime.
A landmark ruling by the High Court in London will pave the way for local authorities in England to combat social housing tenancy fraud more effectively using civil fraud court procedures, an expert has said.
Transactions backed by a warranty and indemnity insurance (W&I) policy have become increasingly popular in the world of mergers and acquisitions (M&A), particularly in competitive processes and private equity backed transactions.
Maria Gravelle tells HRNews about the focus on immigration enforcement in the hospitality sector
Singapore has introduced a new work pass and modified the framework for some other work passes in an effort to attract global top talent and experienced tech professionals into skill shortage areas.
Plans to digitise health and care are at the heart of a new digital strategy that the German federal government submitted to the Bundestag, the country’s parliament, earlier this week.
Interdicts in Scotland are equivalent to injunctions in England and Wales and can be a useful preventative remedy, granted by the court either against a wrong which is being committed, or against an anticipated wrong or violation of a party’s rights. Their use, though, has consequences.
Symbols or notations next to trade marks are an easy and cost effective way of informing the public that the trade mark in question has a claimed legal ownership.
The European Commission plans to remove all goods produced by forced labour from the EU market.
A contractually agreed commitment to pay pension contributions into a registered pension scheme at a later date is an arrangement that does not qualify for tax relief, the first-tier tax tribunal (FTT) has said.
A regulator in Abu Dhabi has confirmed that it will take a “risk-sensitive” approach when regulating ‘virtual asset’ activities, which will include factoring in the size, nature and complexity of the firms it supervises.
Ireland’s data protection authority has imposed a €405 million fine on social media platform Instagram for a breach of data protection laws and ordered the company to make changes to the way it processes personal data.
More detail is needed from the UK government on a new plan to limit household energy bill rises and guard the nation’s long-term energy security, according to legal experts.
Until relatively recently, managing the risk of price increases and material and labour supply shortages was not something that the UK construction industry had to consider.
In a digital world, it is important that the law supports businesses to operate on a remote, and often cross-border, basis. Changes made to the Corporations Act 2001 (Cth) (the Act) in Australia earlier this year facilitate this as they make it easier for businesses to enter into contracts electronically.
Online platform providers are set to face new legal duties to disclose details on user engagement with their services in the EU, with an initial deadline to report such information by the middle of February next year likely to apply, according to analysis undertaken by Out-Law.
UK financial firms should consider how reforms to the appointed representative (AR) regime could impact their existing AR arrangements, according to one legal expert.
Kate Dodd tells HRNews about the need for menopause policies and the risk of losing women from the business
Cloud computing providers that provide IT infrastructure to businesses should face a new legal duty to ensure that those businesses “can enjoy functional equivalence” when they switch to using services offered by other cloud providers that rely on the same infrastructure, a Dutch regulator has said.
Once a trade mark application has successfully passed the examination stage at the EU Intellectual Property Office (EUIPO), it is published in the Trade Marks Bulletin. The application is then open for others to oppose its registration.
Once a trade mark application has successfully passed the examination of the UK Intellectual Property Office (UK IPO), it is published in the Trade Marks Journal. The application is then open for others to oppose its registration.
European Commission President Ursula von der Leyen today announced measures to regulate the EU energy market, among them a revenue cap for electricity from non-gas power producers.
The EU General Court has largely upheld the European Commission’s decision to impose a record fine under competition rules over practices relating to the Android mobile operating system and their effects on competition in certain technology markets.
The general position in Ireland is that any one director can bind a company and sign contracts on behalf of the company assuming that the director has been given the authority to do so.
A recent ruling by a court in Scotland has highlighted the need for tenants to take care to understand their contractual obligations when seeking to exercise rights under leases, according to experts in property dispute resolution.
International investment treaties need to be updated to give governments around the world greater scope to implement climate-related policies without exposing themselves to the risk of legal challenge, the United Nations Conference on Trade and Development (UNCTAD) has said.
Retail units, and office space that conforms to high environmental standards, are likely to remain in high demand with property investors despite predictions that the UK commercial real estate market is in the first throes of recession, an expert has said.
It is a criminal offence in the UK if a business fails to prevent its employees or any person associated with it from facilitating tax evasion.
Andrew Herring tells HRNews about the importance of due diligence in recruitment, especially for senior appointments
Penny Simmons tells HRNews why employers should review onboarding procedures or risk a potential HMRC investigation
Amy Hextell tells HRNews about the HSE’s new focus on mental wellbeing and how that impacts employers
Australian fossil fuel companies are seen as “soft targets” for climate litigation, according to one legal expert, after super fund UniSuper was challenged over its investments in oil and gas provider Santos.
When a claimant sues a company, they often also bring a claim against senior management to ensure that there is a solvent defendant against which any judgment can be enforced.
The EU’s competition regulator has blocked the acquisition of a biotech company by a global genomics business after identifying concerns about how the deal could impact the development and supply of potentially revolutionary cancer diagnostic tools.
New UK government requirements for trust registration under the anti-money laundering (AML) and counter terrorist financing (CTF) regulations have come into force.
Insurers headquartered in Ireland can set up operations in countries throughout the European Economic Area (EEA) on the basis of regulatory approvals granted by the Central Bank of Ireland (CBI), but the position is more complex in respect of the UK post-Brexit and other ‘third countries’.
The date of the funeral of Her Majesty Queen Elizabeth II, Monday 19 September, has been declared a bank holiday in the UK and employers should consider what this means for their employees’ annual leave entitlements.
New regulatory guidelines unveiled by Dubai’s Virtual Asset Regulatory Authority (VARA) for marketing virtual assets will help bolster protection for new market entrants, according to one legal expert.
Some companies have been hesitant to set up in China because of the complexity, cost and restrictions involved in being an employer. There are strict conditions for terminating the employment of a worker in China.
The traditional approach taken to construction contracting is unsuitable for the successful adoption of modern methods of construction (MMC), according to the UK government.
New UK prime minister Liz Truss has confirmed that the Online Safety Bill will be taken forward in parliament.
The South African government has appointed a new National Anti-Corruption Advisory Council in what experts have described as an innovative move that promises to highlight the value of public-private partnerships (PPPs) in combatting corruption.
Emma Johnston tells HRNews about the implications of the Supreme Court’s ruling in Harpur Trust v Brazel
‘Good faith’ is a concept which requires parties to perform their contractual obligations in accordance with certain standards, and is one which parties to construction projects in most jurisdictions will be familiar with. However, there is traditionally a divide between common law and civil law jurisdictions in the way good faith arguments are treated by courts.
The heads of the Serious Fraud Office (SFO) and the Crown Prosecution Service have called for the expansion of existing ‘failure to prevent’ corporate crime offences in the UK statute book to cover wider economic crime, and fraud specifically.
Businesses that purchase plastic packaging components from another business as well as manufacturers and importers of plastic packaging components must carry out due diligence checks in relation to the UK plastic packaging tax, which came into force in April 2022.
HM Revenue & Customs has confirmed that large UK businesses can rely on its ‘Check Employment Status for Tax' (CEST) tool when making status determinations under the IR35 rules.
The Court of Justice of the EU (CJEU) has ruled that customers provided with inadequate information on loan documentation can revoke the loan regardless of when it was taken out.
The rules that will govern how litigation is conducted before the Unified Patent Court (UPC) have come into effect.
An international agreement designed to help businesses enforce judgments by national courts on a cross-border basis is to enter into force next September.
Reforms to UK data protection law face delay after a scheduled parliamentary debate on the legislative proposals was postponed on Monday.
Businesses subject to ‘brand jamming’ – where their brands and trade marks are used in public interest and other campaigns without permission - may be at risk of reputational damage.
Chris Thomas tells HRNews about the Office of Tax Simplification’s consultation on trends in hybrid and distance working arrangements
David Bryden tells HRNews about the steps employers are taking to align their policies with ESG targets
Lynette Jacobs and James Sullivan Tailyour tell HRNews why employers operating SAYE should prepare for potential increase in bonus rates
The first month of Liz Truss’ premiership will reveal a lot about how policy will evolve in the UK under her leadership.
Stricter cybersecurity requirements could be written into UK law to address the risk of criminals gaining unauthorised access to online accounts and user data and trading the information on the internet.
A major summit convened to discuss solutions to Australia’s labour market shortages could have a significant impact on the construction industry, according to legal experts.
A review launched by the Office of Tax Simplification (OTS) into the taxation of UK employees working from home or overseas will help end “significant challenges” faced by employers since the start of the Covid-19 pandemic, according to one legal expert.
“Longstanding biases in scientific research” present a risk to the development of effective new treatments for rare diseases, the UK Dementia Research Institute (DRI) has said.
Employees are increasingly looking for more flexible working time models and a better work-life balance. Employers can stand out in the competition for talent if they adapt to these demands, but they must take the legal framework into account.
With the announcement on 5 August of Australia’s first ‘declared area’ for future offshore wind development, this fledgling industry is ready for take-off.
The Australian government has announced its intention to declare the Gippsland Coast in the south east as the first area suitable for offshore wind development.
A multi-million-dollar investment in Queensland’s hydrogen market will be key to developing the state’s renewable energy industries, according to one legal expert.
Chris Thomas tells HRNews about the government’s response to its consultation on employment status
Juliana Reno tells HRNews about the implications for health plans following the US Supreme Court’s decision to overturn Roe v Wade
The precedent for the enforcement of adjudication awards by way of court order in South Africa is well-established. Generally, such an award is binding and enforceable unless and until it is varied or overturned by an arbitration award.
The amount of UK import duties being underpaid surged over the course of the last financial year after new post-Brexit rules came into force at the start of 2021, HM Revenue & Customs (HMRC) records show.
The oil firm Rockhopper has won €190 million in compensation after being banned from drilling in the Ombrina Mare oil field following a change in policy by the Italian government.
Multinational businesses must familiarise themselves with the growing suite of statutory or regulatory data protection requirements being put in place globally to govern the cross-border transfer of personal data.
Smart meters could help UK households struggling with the rising cost of energy, according to one expert.
The UK government’s new plans to reduce the amount of untreated sewage dumped in England's rivers and coastal areas “represent a significant shift in the sector”, according to one legal expert.
Organisations behind major infrastructure projects should use the procurement process to ensure their projects conform to increasingly stringent environmental, social and governance (ESG) standards, experts have said.
The number of climate change arbitrations has increased rapidly over recent years, as both states and companies prioritise pressing environmental, social and governance (ESG) issues and the climate crisis.
In view of rising energy prices and the uncertain supply situation, businesses in many countries are required to save energy. At the same time they face limitations and uncertainties due to the legal framework.
A ruling in the Sheriff Appeal Court has emphasised its focus on the natural and ordinary meaning of the words used when interpreting a contract, according to one legal expert.
Luxembourg has developed a strong network of double tax treaties (DTTs) over the years, supporting its role as a major centre of international trade and investment.
The industrialisation of construction processes has the potential to improve productivity and profit margins, attract the talent needed to innovate and achieve decarbonisation.
Proposed amendments to legislation in the UK would require online service providers to consider “all relevant information that is reasonably available” to them when determining the status of content on their platforms – including whether it is illegal content and needs to be removed from their platforms.
Businesses planning to deploy artificial intelligence (AI) as part of their ESG strategy must consider data and intellectual property (IP) related issues, two legal experts have warned.
A judge in Scotland has taken the unusual step of ordering a company to draw a halt to court proceedings it had initiated in another jurisdiction.
A Norwich Pharmacal Order (NPO) is a disclosure order available in England and Wales which allows information to be obtained from third parties who have become 'mixed up' in wrongdoing, helping victims to investigate, pursue those ultimately responsible and recover their losses.
Many banks, insurers and investment fund managers have been set a deadline of 7 October 2022 for submitting their completed outsourcing register to the Central Bank of Ireland (CBI).
Athletes, tournament organisers and event sponsors should consider all elements of their sports brands and determine whether and how those brands could be protected to add value to their image.
It is not yet clear whether the UK Financial Conduct Authority’s (FCA) plans to broaden retail access to long-term asset funds (LTAFs) go far enough to satisfy HM Treasury’s Productive Finance Working Group, according to one legal expert.
A new tax on plastic packaging manufactured in, or imported into the UK, that does not contain at least 30% recycled plastic applies from 1 April 2022.
Imposing diversity requirements on researchers developing new medical technologies would improve health outcomes for all groups in society and could even save lives.
The Qatari government has published a new consultation on wide-ranging plans to encourage the development of blockchain technology through both “regulation and innovation”.
UK businesses have been warned to expect a crackdown on furlough fraud by one legal expert, after HM Revenue & Customs (HMRC) revealed that almost 14,000 whistleblowers had come forward with information about misuse of the scheme.
The UK’s new ‘scale-up’ visa for international workers does not offer a strong enough incentive to the employers required to sponsor them, according to one legal expert.
Usain Bolt’s plans to register a trade mark for his celebratory pose could inspire other sports stars to submit similar trade mark applications, a brand protection expert has said.
European businesses have been advised against allowing US nationals that work for them or their technology suppliers access to data that could be targeted by investigators at US law enforcement agencies.
The South African Department of Forestry, Fisheries and Environment (DFFE) has announced its intention to exempt solar power projects from environmental authorisations, in light of the country’s current energy crisis.
In the UK there is a complicated inter-linking between laws on shipping, oil and gas, and health and safety at work. It is important that those involved in the shipping and offshore energy industries understand how their health and safety obligations fit together.
A Scottish court refused to grant an order for the erasure of personal data held by Police Scotland, even though the information was found to be inaccurate.
New figures suggest HM Revenue & Customs (HMRC) suspects large businesses of underpaying more than a billion pounds in employment taxes.
Industry bodies and environmental groups in Germany have expressed opposing views over the way gases, including hydrogen, that are not produced entirely from renewable energy sources should be certified.
Customers in the financial services sector now demand 24/7 access to digital services from their banks. Those demands have only increased as a consequence of the pandemic and its impact on consumer habits.
A raft of new legislation will be required to deliver the UK’s vision for self-driving vehicles, an expert in the future of mobility has said.
A new ruling by the UK Supreme Court highlights the importance of conducting thorough due diligence in the recruitment process, an employment law expert has said.
China will forgive 23 loans for 17 African countries which had matured by the end of 2021, foreign minister Wang Yi has announced.
There is widespread confusion among businesses over the UK’s new plastic packaging tax, according to one legal expert, after it emerged that less than 1,000 firms had signed up to pay the new levy.
Virtual hearings have become the “new normal” since the outbreak of the pandemic. Arbitration centres in different jurisdictions have quickly adapted and introduced various tools and facilities to ensure the process of the hearings are smoothly maintained.
In a recent judgment, the Hong Kong Court of Appeal allowed an appeal by a bondholder against a summary judgment given at first instance in favour of the employer on a museum project.
Carbon markets are one of the most important political instruments for efficiently mitigating climate change.
Construction companies using off-site construction as a part of a broader industrialised construction strategy can now refer to new guidance to help ensure manufactured building components conform to building safety requirements.
Football clubs in the UK have been warned that they may be underpaying tax owed in respect of player contracts in cases where agents have represented both them and the player in the contract negotiations.
Cryptocurrency fraud claims have increased in volume significantly over the last 12 to 18 months, but procedural and jurisdictional difficulties leave many victims debating whether to pursue civil claims in England and Wales.
A new ruling by Australia’s highest court demonstrates the importance of taking care when identifying and claiming computer-implemented inventions when filing for a patent, an intellectual property law expert has said.
Vietnam will need between US$8 billion to US$14bn each year till 2030 to bring its power network up to date, including developing new power plants and expanding its grid, a minister has said.
Acceleration applies when an employer on a construction project requires the contractual completion date to be brought forward.
A recent ruling by the High Court in London confirms that it is possible for businesses to obtain trade mark protection for specific colours.
Financial institutions operating in Luxembourg have been advised to review their outsourcing arrangements after rules around outsourcing in the sector were updated by supervisory authority, the Commission de Surveillance du Secteur Financier (CSSF).
Constructive acceleration claims are frequently raised but rarely succeed in jurisdictions outside of the US.
The UK Home Office’s decision to scrap the Police Registration Scheme could have been prompted by wider pressures on the civil service, according to one legal expert.
The UK Visas and Immigration’s (UKVI) announcement that priority services are being reinstated for new study and work visa applications is “hugely valuable”, according to one legal expert.
The state government of West Australia (WA) is considering a carbon penalty for high emission power generators connected to the state grid.
A UK tax tribunal has sided with a taxpayer over its restructuring of a corporate transaction to facilitate tax savings on a share exchange scheme.
Businesses have been urged to set a defined business purpose aimed at addressing social and environmental problems, and to measure their progress towards achieving it.
Application fees for foreign investment into Australia have been doubled with effect from 29 July 2022.
Businesses could soon have new UK incentives to invest in technology that generates energy from sustainable biomass while storing the carbon released in the process.
A recent UK Supreme Court decision is a reminder of some of the issues that need to be considered when calculating UK corporation tax profits whilst also highlighting the complexity of the UK’s tax system.
A recently published Bill will when enacted subject certain third country transactions based in Ireland to government reviews.
Australia’s newly formed Albanese government has lodged an “enhanced Nationally Determined Contribution” (NDC) to the United Nations Framework Convention on Climate Change (UNFCCC) secretariat and set a more ambitious emission reduction target of 43% below 2005 levels by 2030.
A recent UK ruling does not mean that clauses in contracts that place restrictions on the price suppliers can offer products or services on other sales channels beyond their own are acceptable under competition law, an expert has said.
Banks, insurers, investment firms and other financial services companies across Europe are set to face stiffened obligations designed to ensure the services they provide are not disrupted by cyber attacks, outages or other risks to the integrity and continuity of those services.
The Financial Conduct Authority (FCA) has published new rules on the financial promotion of high-risk investments.
There are no immediate plans to update UK legislation or guidance relevant to standard-essential patents, according to the Intellectual Property Office (UKIPO), but reforms could yet be endorsed next year.
Employers who operate tax-advantaged Save-as-you-Earn (SAYE) schemes should prepare for an increase in bonus rates, according to one legal expert, after HM Revenue & Customs (HMRC) said it was considering changes to the way the rates are calculated.
Emergency legislation to limit gas demand across the EU this coming winter has been finalised to counter what EU law makers have described as “the imminent risk of disruption of gas supplies”.
Luxembourg is known for its large number of inbound German, French and Belgian cross-border workers, with official figures showing over 210,000 such workers based in Luxembourg in 2021.
Employers seeking to recruit and retain a productive workforce should offer support to those aged over 55 to benefit from the skills, experience, knowledge transfer, network and diversity of thought that older people bring to the workplace.
Shareholder claims over ‘greenwashing’ are likely to grow in the UK as companies face increasing pressure from regulators and investors to publish environmental, social and governance (ESG) disclosures in their market-facing information.
To boost recruitment, retention and staff morale, employers are increasingly keen to work with staff to come up with flexible working models that better meet their needs.
Qatar’s new mediation law provides contracting parties with a more supportive legal environment for dispute resolution and ensures that any settlement reached is enforceable.
The UK Competition and Markets Authority (CMA) is considering reforms to retained EU legislation on ‘block exemption’ regulations for motor vehicles.
New data published by the UK Home Office on illegal working penalties shows that the hospitality sector “remains a focus” for immigration enforcement, according to one legal expert.
The significant increase in the use of chatbot technology and online live agents on chat platforms by financial services firms in recent years reflects the rapid growth in more advanced artificial intelligence (AI) tools to help firms better engage with their customers.
Businesses that own ‘classic’ European patents need to decide whether they want those patents to be subject to the jurisdiction of the new Unified Patent Court (UPC) when it becomes operational.
Australia’s Albanese government has pledged to increase the share of renewable energy in the National Electricity Market (NEM) to 82%. It is necessary to update Australia’s electricity grid swiftly and thoroughly.
Singapore has launched an online platform to link governments, developers and financiers of infrastructure projects.
The UK’s new public sector fraud squad has its work cut out for it according to one legal expert, after ministers said the initiative would target misappropriated Covid-19 business loans.
A sanctions ‘red alert’ issued jointly by the Joint Money Laundering Intelligence Taskforce (JMLIT) is a clear indication of UK law enforcement’s expectations, according to one legal expert.
The UK government has used its powers under the National Security and Investment (NS&I) Act to prevent intellectual property (IP) developed in the UK being transferred to a Chinese technology company.
A decision by the Court of Appeal to dismiss the appeals of two English cinema operators over rent arears accrued during the Covid-19 lockdown will likely cause tenants to favour arbitration in future disputes, according to one legal expert.
Publishers will welcome new defamation laws that have come into force in Scotland, experts have said.
Developers in England can be required to carry out a Habitats Regulations Assessment (HRA) post-planning permission in certain circumstances, even if not required to do so at outline permission stage, the government has confirmed.