vLex United Kingdom

  • Tecnicas Reunidas Saudia v The Korea Development Bank: UK HC Considers Demand Guarantees

    In the recent case of Tecnicas Reunidas Saudia (TRS) v The Korea Development Bank (the Bank), for which the judgment was published last week, the High Court, Queen’s Bench Division (Technology and Construction Court (the TCC)) considered a demand guarantee executed by the Bank in favor of TRS, which formed part of an agreement around certain advance payments made by TRS to a subcontractor. (See Article)

    May 29, 2020 6:32 PM

  • UK: It's Not Me, It's You – Passing The Liability Buck While Working From Home

    When can employers in the United Kingdom be held responsible for their employees’ actions? This article answers that question with help from a recent high-profile case and applies the lessons learned to manage the potential data and confidentiality risks when a large proportion of the workforce is working from home. (See Article)

    May 29, 2020 6:32 PM

  • U.K. Immigration Update: Coronavirus May 2020imm

    14-Day Quarantine Rules for International Travellers Entering the U.K. International travellers arriving in the U.K. on or after 8 June 2020 will be asked to go into quarantine for two weeks. The Home Office has announced that this measure will come into force on 8 June. There is a separate list of exceptions, including for arrivals from within the Common Travel Area covering the U.K., Ireland, the Isle of Man, and the Channel Islands. (See Article)

    May 29, 2020 6:32 PM

  • May 28, 2020: The Future of US/UK Trade — Who Will Come Out a Winner?

    “We are going to win so much” is a staple soundbite from President Donald Trump, and also is representative of his administration’s mindset to international negotiations. President Trump favors bilateral trade deals and has been optimistically touting the US as the UK’s first FTA partner after Brexit. From the UK’s perspective, Prime Minister Boris Johnson... (See Article)

    May 29, 2020 12:33 PM

  • COVID-19: Key Privacy Concerns Raised by the UK’s “Back-to-Work” COVID-19 Safety Measures

    As businesses in the UK begin to re-open, as the lockdown lifts, they must ensure that they have effective measures in place to combat the spread of the virus within their workplace. This may include physical measures, such as the use of personal protective equipment and restructuring the office or site to enable social distancing.... (See Article)

    May 29, 2020 10:33 AM

  • Returning to Work (While Social Distancing): Top Considerations for UK Employers

    On 10 May 2020, the UK Government outlined its plans to enable certain sectors in England to return to work amid the COVID-19 pandemic. The devolved administrations in Scotland, Wales and Northern Ireland have continued the period of lockdown. In any event, employers must plan ahead to reopen workplaces safely and in compliance with ever-changing laws and regulations. Employers should become familiar with guidance published by, among others, the UK Government, relevant national health departments (e.g. Public Health England), and the Health and Safety Executive, in addition to any relevant sector-specific bodies (such as trade associations or trade unions) and professional organisations. (See Article)

    May 29, 2020 10:32 AM

  • Census called for March 2021

    The Census (England and Wales) Order 2020 came into force on 21st May 2020. The Order and similar orders across devolved regions provide for the taking of a census in March 2021. The Order details the persons to whom the census returns are to be made and sets out the information to be stated in the returns. The full text of the order can be found here.

    May 29, 2020 8:34 AM

  • UK Insolvency Law changes – What is the proposed new “moratorium”?

    On 20 May 2020, the UK Government introduced the Corporate Insolvency and Governance Bill (the “Bill”) to the House of Commons. The Bill introduces a new debtor-in-possession moratorium to give companies breathing space in order to try to rescue the company as a going concern. The Bill is currently only in draft form and therefore... (See Article)

    May 29, 2020 8:33 AM

  • UK contact tracing strategy: statutory sick pay for workers told to self-isolate

    As part of the government's contact tracing strategy, workers notified that they must self-isolate due to contact with someone who has tested positive for COVID-19 will be entitled to receive statutory sick pay (SSP). (See Article)

    May 29, 2020 8:32 AM

  • New industry guidance clarifies the sustainable loan market

    The Loan Market Association ("LMA"), Loan Syndication and Trading Association ("LSTA") and Asia Pacific Loan Market Association ("APLMA") have published new guidance on the key aspects of the Green Loan Principles ("GLP") and the Sustainability-Linked Loan Principles ("SLLP"). In this two part series, we discuss the new guidance in relation to the GLP and SLLP here, and in part two we will discuss what financing situations favour which structure. (See Article)

    May 29, 2020 8:32 AM

  • Disclosure of documents in civil proceedings in England and Wales (UPDATED)

    Disclosure - "Disclosure" is the term given to the stage of the litigation procedure when each party may be required to collect and review documents potentially relevant to the dispute and then state to the other parties (usually in a formal list of documents) the disclosable documents which exist or have existed. The other party has a right to a copy of those disclosed documents, subject to certain exceptions. In cases where large numbers of documents are involved, disclosure may be a lengthy exercise involving a significant amount of management time. The cost of that time will not normally be recoverable from the other party. It is nonetheless essential that it is carried out conscienti (See Article)

    May 29, 2020 8:32 AM

  • Checklist for Employers on Handling Collective Consultation in the UK

    Following our recent update on Life in the Time of Corona, Part 3: Handling Collective Consultation in the UK, we have produced a practical checklist that highlights the steps that employers should consider when handling collective consultations in the UK during these challenging times, particularly when staff are working remotely. To download the checklist, please... (See Article)

    May 29, 2020 6:34 AM

  • LIBOR – The UK Beat Goes On

    While it seems like the COVID pandemic has taken over every waking moment of our lives, the impending end of LIBOR marches ever onward.  All signs point to a termination date for the troubled benchmarks at the end of 2021, pandemic be damned. The purpose of this post is not to discuss the road to transition... (See Article)

    May 29, 2020 6:34 AM

  • Operational resilience, banks and financial institutions: What does this mean for service contracts?

    Our outsourcing and financial services teams have just published a client briefing exploring how the UK’s proposed operational resilience regulatory framework will impact contractual relationships between regulated firms operating in the financial services sector and their service providers. The online briefing is here. (See Article)

    May 29, 2020 6:34 AM

  • Preparing for a post-COVID-19 return to the workplace: what do UK employers need to think about from a health and safety and HR perspective?

    Over recent weeks, the UK government has announced the first steps it is taking to get businesses up and running again in the wake of the COVID-19 pandemic. This publication highlights a number of key areas for UK employers to consider as they start to plan ahead to re-establish and maintain their businesses, while at... (See Article)

    May 29, 2020 6:34 AM

  • UK COVID-19: The Corporate Insolvency and Governance Bill - New tenant/debtor protections unveiled

    Long awaited insolvency reforms in the UK, plus the government’s COVID-19 proposals on the use of statutory demands – and much more. (See Article)

    May 29, 2020 6:33 AM

  • UK Immigration Updates: COVID-19 Visa Extension, Quarantine Measures, and Others

    Owing to the coronavirus (COVID-19) crisis, the UK government has announced a number of immigration changes, including visa extension and switching measures as well as a mandatory self-quarantine period for those entering the United Kingdom from June 8, 2020. (See Article)

    May 29, 2020 6:33 AM

  • Future Fund Goes Live

    The UK Government’s Future Fund, a co-investment initiative to help UK start-ups, is now live and accepting applications. Under the scheme, which was announced on April 20, the government will provide convertible loans ranging from £125,000 to £5 million to certain UK-based high-growth innovative companies, subject to at least equal match funding from private investors, and will be managed by the British Business Bank (BBB). This means that the minimum loan to a company is £250k with no maximum, since there is no upper limit on the amount that additional investors may co-invest. (See Article)

    May 29, 2020 6:33 AM

  • UK Corporate Insolvency and Governance Bill Proposes Significant Changes to Law

    The Corporate Insolvency and Governance Bill (the Bill) had its first reading in the House of Commons on Wednesday 20 May 2020. It will next be considered on 3 June. It is expected to be enacted into law in late June or early July. The Bill was initially proposed pre-COVID-19, with a framework having been set out in August 2018. However, since the pandemic struck, new temporary provisions have been added to the Bill. (See Article)

    May 29, 2020 6:33 AM

  • Separate rateability of ATMs – ratepayers emerge victorious as the dispute draws to a close

    After six years and four court hearings, the Supreme Court has decided in favour of the ratepayers in the landmark decision of Cardtronics UK Limited and others v. Sykes and others (Valuation Officers) [2020] UKSC 21. (See Article)

    May 29, 2020 6:33 AM

  • UK Directors’ Duties in the context of Covid-19 – UPDATED

    Following the UK government publishing the Corporate Insolvency and Governance Bill which sets out temporary changes to the UK Insolvency laws on wrongful trading (see here for further discussion) we have updated our guide on directors’ duties. (See Article)

    May 28, 2020 8:33 AM

  • Key Privacy Concerns Raised by UK “Back to Work” COVID-19 Safety Measures

    On 10 May 2020, Prime Minister Boris Johnson informed businesses in England that, as part of the Government’s three-phase strategy for lifting the Coronavirus lockdown, employees that cannot work from home can, and should return to work from Wednesday 13 May 2020. This note from our Data Privacy and Cybersecurity team aims to provide practical... (See Article)

    May 28, 2020 8:33 AM

  • The UK’s Job Retention Scheme (UPDATED)

    On 20 March 2020 the UK government announced its Job Retention Scheme (JRS). The JRS allows businesses to place employees on furlough (temporary leave of absence) and reclaim 80% of their usual monthly wage costs from HMRC, subject to a cap of £2,500 per month. It has been possible to submit claims since 20 April 2020. Please see full publication below for more information (See Article)

    May 28, 2020 8:32 AM

  • Key Persons and COVID-19

    As our financial markets and investment funds continue to be affected by the COVID-19 outbreak, our investment fund clients continue to be alert to its operational impact on their business and their funds under management. Here, we look at key person provisions and consider the impact of the global pandemic. (See Article)

    May 28, 2020 8:32 AM

  • Governing Law of Arbitration Agreements: Welcome Clarity?

    The English Court of Appeal has provided some helpful guidance as to the relevant test for determining the law applicable to arbitration agreements (as distinct from (i) the governing law of the relevant contract, and (ii) the “law of the seat of arbitration” or the “curial law”). (See Article)

    May 28, 2020 8:32 AM

  • The UK Information Commissioner’s Regulatory Approach and Priorities During COVID-19

    On 5 May 2020, the Information Commissioner’s Office (ICO) published a blog setting out the Information Commissioner’s new priorities for UK data protection during COVID-19 and beyond. This follows on from the document published on 15 April 2020, in which the ICO promised an “empathetic” approach to its enforcement of data protection laws during the... (See Article)

    May 28, 2020 6:34 AM

  • Cannabis: a UK Overview

    Introduction: Cannabis and the majority of its derivative substances are controlled drugs in the UK, and their use remains illegal subject to some exceptions. Since November 2018 doctors in the UK have been able to prescribe certain cannabis-based products for medicinal use, but access is still limited because the key UK healthcare provider and regulator... (See Article)

    May 28, 2020 6:34 AM

  • COVID-19 in the UK: A New Direction

    The UK Government has, in keeping with past practice, used the arrival of the bank holiday weekend to update the Coronavirus Job Retention Scheme. It has now published a second iteration of the Treasury Direction, which we have reviewed. To read our commentary on the updated Direction, please visit MayerBrown.com. (See Article)

    May 28, 2020 6:34 AM

  • Over 190 Law Firms Impacted by Data Leak

    CPO Magazine reported on May 18 that a major UK software company exposed personal information belonging to over 190 law firms through an unsecured online database. TurgenSec security firm discovered the leak and contacted the National Cyber Security Centre (NCSC). Following the Responsible Disclosure Policy, the firm contacted the impacted law firms which confirmed the... (See Article)

    May 28, 2020 6:34 AM

  • Complying with ASA Rules During a Pandemic

    The UK’s Advertising Standards Agency recently provided some useful guidance on compliance with its CAP Code that will assist promoters, influencers, agencies and brands as they continue to navigate the various ASA rules during the COVID-19 crisis. Dealing with unexpected events whilst running promotions Section 8 of the CAP Code governs promotions, and includes rules... (See Article)

    May 28, 2020 6:34 AM