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Shoosmiths LLP | June 2024

Shoosmiths brings together leading developers, asset managers and investors, as well as energy, planning, policy and legal experts, for a roundtable discussion on overcoming power supply challenges to support the delivery of innovative and resilient developments that balance financial and environmental objectives ...

Shoosmiths LLP | June 2024

The Automated Vehicles Act (the Act) outlines the safety requirements that manufacturers and operators of automated vehicles will need to meet in order to deploy their goods and services on UK roads. In this article Ben Gardner outlines the key safety areas that will need to be considered ...

Shoosmiths LLP | June 2024

The latest YouGov election poll is predicting that we are likely to have a Labour government on 4 July and this brings uncertainty for the Private Equity (PE) industry, specifically around the carried interest regime.Historically, it seemed to be a forgone conclusion that the carried interest ‘loophole’ would be closed should Labour take control of parliament ...

Shoosmiths LLP | June 2024

In its Primary Market Bulletin 49 (PMB 49) (published in May 2024), the UK Financial Conduct Authority (FCA) issues a reminder to premium listed companies incorporated in the UK of their continuing disclosure obligations under the Listing Rules (LR). FCA issues reminders to listed companies on disclosure obligations The reminders emerged following a thematic 2023 review (the review) looking at disclosures made pursuant to LR 9.4 and LR 13 ...

Shoosmiths LLP | June 2024

Whilst the impact of the upcoming general election remains to be seen, the Government has recently proposed scrapping the Commercial Agents Regulations for new agency arrangements. Background The Commercial Agents (Council Directive) Regulations 1993 (CAR) implement the Commercial Agents Directive (86/653/EEC) (Directive) ...

Shoosmiths LLP | June 2024

Shoosmiths’ FinTech partner, Luke Stubbs, was a speaker at the recent FinTech Week London Conference, participating in a panel discussion focused on international payments. FinTech Week London reflects the City's role as a FinTech hub and comprises a week of events culminating in a major conference, which Shoosmiths was proud to sponsor ...

Shoosmiths LLP | June 2024

On 23 May, the Procurement Act 2023 (Commencement No.3 and Transitional and Saving Provisions) Regulations 2024 were signed, setting out the confirmed go-live date of the Procurement Act of 28 October 2024. On 24 May, the Cabinet Office published the latest tranche of its official guidance on the Procurement Act. The Cabinet Office has arranged the guidance documents under the four stages of the commercial pathway: Plan; Define; Procure; Manage ...

Shoosmiths LLP | June 2024

As we have previously commented, once COVID came along force majeure became, understandably, a hot topic but case law on the subject was light.  We are now however starting to see a trickle of cases emerging which consider force majeure. In RTI Ltd v MUR Shipping BV however, the Supreme Court has now handed down a significant judgment that clarifies the rights and obligations of contracting parties under a force majeure clause ([2024] UKSC 18) ...

Shoosmiths LLP | June 2024

On 12 June 2024, the Office of Rail and Road (ORR) published its final report, ‘Railway Station Catering Market Study’. It evaluates the effectiveness of competition in station catering and whether the market is delivering value for money for passengers and taxpayers.  The ORR has identified barriers to competition, such as limited space and protected leases ...

Shoosmiths LLP | June 2024

The Automated Vehicles Act (the Act) outlines how liability will be allocated when an automated vehicle commits a driving offence or is involved in an accident, together with certain information disclosure requirements to support regulatory investigations. In this article Ben Gardner outlines the key issues surrounding liability that will need to be considered ...

Shoosmiths LLP | June 2024

Manufacturers of internet or network connectable products for the UK market are now required to implement minimum security standards to protect such products from cyber-attacks. Importers and distributors are also impacted by these requirements ...

Shoosmiths LLP | June 2024

The gig economy was created out of a desire for services to be on demand with limitless flexibility. If elected, Labour has pledged to provide greater job security and remove the distinction between worker and employee – are the two in conflict? The gig economy is a term that describes a labour market where workers are hired to perform tasks on a short-term, flexible basis, rather than into permanent or full-time jobs ...

Shoosmiths LLP | June 2024

Interim (preliminary) injunctions in English intellectual property litigation are rare. Among other things the Court considers whether there will be irreparable harm to the intellectual property owner. What matters? Interim (preliminary) injunctions in English intellectual property litigation are rare. Among other things the Court considers whether there will be irreparable harm to the intellectual property owner ...

Shoosmiths LLP | June 2024

A recent parliamentary report, the last to be published before the upcoming UK general election, says that we need to “fundamentally change the way we think” about AI ...

Shoosmiths LLP | June 2024

To celebrate the Euro 2024 football tournament kicking-off, we wanted to pay tribute by ranking the data protection authorities from the nations competing in the tournament. Below, we have set out our top ranked data protection authorities and the reasons why they are our top picks. Rank 1: Spain No ...

Shoosmiths LLP | June 2024

In April 2024, the FCA issued practical steps and finalised guidance on the Anti-Greenwashing rule, effective from 31 May 2024, ushering forth the FCA's regulatory priority accorded to ESG and sustainability. On 28 November 2023, the UK Financial Conduct Authority (“FCA”) published consultation paper, GC23/3, (the “CP”) outlining its proposed guidance on the Anti-Greenwashing rule (ESG 4.3.1R, the “Rule”) ...

Shoosmiths LLP | June 2024

The Automated Vehicles Act (the Act) creates a licensing and permitting scheme for operators that intend to use automated vehicles to offer transportation services for passengers and goods. In this article Ben Gardner outlines what potential operators need to consider ...

Shoosmiths LLP | June 2024

Employees have a statutory right not to suffer discrimination in the workplace and it is essential that employers, and those responsible for managing the workforce, fully understand the legal provisions and the potential consequences of failing to comply. Sexual orientation is one of nine characteristics that are protected by discrimination legislation ...

Shoosmiths LLP | June 2024

In the final part of our mini-series in dealing with DSARs, we look at the process of redacting when responding to a DSAR, and in particular, what information should be provided to an employee who has submitted a DSAR. Employees are increasingly seeking to raise DSARs within an employment context and in particular ahead of instigating legal proceedings. Responding to a DSAR can be a challenging, costly, and often time-consuming process ...

Shoosmiths LLP | June 2024

Between April 2022 and March 2023, 15,848 complaints were submitted to the ICO in respect of DSARs. This article follows our previous discussion on how employers can remain compliant with the ICO’s guidance on DSARs and how employers should respond to DSARs ...

Shoosmiths LLP | June 2024

The Automated Vehicles Act (the Act) regulates the marketing of self-driving vehicles, prohibiting the use of misleading terminology or communications that could confuse consumers. In this article Ben Gardner explores how the use of terminology that could mislead consumers will be regulated. The Act has now received Royal Assent and creates a regulatory framework which applies to the deployment and use of automated vehicles on UK roads ...

Shoosmiths LLP | May 2024

On 3 May 2024, the Court of Session upheld the Scottish Ministers’ decision to refuse Miller Homes Ltd planning permission for 250 houses in West Calder.  The decision is the first occasion on which the Court has considered Policy 16 of the NPF4 (Quality Homes) and confirms the approach to be adopted when considering applications for development of unallocated housing sites in the absence of an adopted local development plan postdating NPF4 ...

Shoosmiths LLP | May 2024

With the race to develop AIs, the intellectual property protection for them is an increasingly vexed subject. The UK Intellectual Property Office’s (UKIPO) new guidelines may help. The issue European and UK patent law excludes from patent protection inventions relating solely to a program for a computer or a mathematical method. The exception to this is where there is a ‘technical contribution’ to the state of the art ...

Shoosmiths LLP | May 2024

As employers begin to embrace Artificial Intelligence (AI) within the workplace, its growing use within the recruitment process means that the potential risks of its implementation need to be considered. The Responsible Technology Adoption Unit (RTA) has published guidance to assist HR and recruitment organisations on how to use AI responsibly ...

Shoosmiths LLP | May 2024

Following the announcement of a UK general election, set for Thursday 4 July 2024, the real estate industry now has a unique opportunity to pro-actively engage with policymakers on sustainability – helping shape future regulation and strategy to support meeting the industry’s net zero targets ...

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