vLex United Kingdom

  • UK: new “world-leading” deforestation and ecosystem supply chain law

    The UK Government recently announced that it is developing legislation that would make it illegal for large businesses operating in the UK to use certain commodities that have not been produced in line with local laws, and require in-scope companies to conduct due diligence to ensure that their supply chains are free from illegal deforestation... (See Article)

    Sep 18, 2020 10:32 AM

  • Compulsory purchase orders in Scotland – can they help deliver new space for life in the new normal?

    Local provision of essential services has become more important than ever in the "new normal" of the global coronavirus outbreak. We may all need to live, work and play within a smaller locality for quite some time. We are also faced with a growing economic crisis and increasing levels of unemployment. In response, the Scottish and UK Governments have both signalled that they intend to use large infrastructure projects as a means of creating new jobs and stimulating the economy. (See Article)

    Sep 18, 2020 10:32 AM

  • Investigatory Powers Act 2016 amendment

    The Functions of the Investigatory Powers Commissioner (Oversight of the Data Access Agreement between the United Kingdom and the United States of America and of functions exercisable under the Crime (Overseas Production Orders) Act 2019) Regulations 2020 come into force on 18th September 2020. The Regulations amend section 229 of the Investigatory Powers Act 2016 relating to an Agreement reached in 2019 by the United Kingdom and the United States of America on access to electronic data for the purpose of countering serious crime.

    Sep 18, 2020 8:54 AM

  • PSR report – market review into the supply of card-acquiring services

    On 15 September 2020, the Payment Systems Regulator (PSR) issued an interim report on the supply of card acquiring services. The interim report contains the PSR’s provisional findings of its market review into the supply of card acquiring services in the UK. The PSR conducted the market review using its general powers under Part 5... (See Article)

    Sep 18, 2020 8:32 AM

  • Consumer finance regulatory news, September 2020

    Debt Respite Scheme (Breathing Space Moratorium and Mental Health Crisis Moratorium) (England and Wales) Regulations 2020: revised draft - A revised draft version of the Debt Respite Scheme (Breathing Space Moratorium and Mental Health Crisis Moratorium) (England and Wales) Regulations 2020 has been published, together with a revised draft explanatory memorandum. (See Article)

    Sep 18, 2020 8:32 AM

  • Residential evictions in England and Wales – an update

    With the current stay on residential possession proceedings due to be lifted on 20 September 2020, new extended minimum notice periods for notices requiring possession of residential premises let on an assured shorthold tenancy (AST) now apply in most circumstances, in an attempt to further protect residential tenants from eviction. (See Article)

    Sep 18, 2020 8:32 AM

  • Latest EU Exit SIs for financial services

    On 15 September 2020, there was published on legislation.gov.uk: The Money Laundering and Terrorist Financing (Amendment) (EU Exit) Regulations 2020. This statutory instrument amends the Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017 to implement amendments made by Fifth Anti-Money Laundering Directive (5AMLD). The main changes are made to... (See Article)

    Sep 18, 2020 6:33 AM

  • Government publishes Legislation Programme for Autumn 2020

    The Government has published its legislation programme for Autumn 2020. The programme includes: 30 priority Bills; 50 Bills that are expected to undergo pre-legislative scrutiny; 87 Bills where preparatory work is underway, and 14 Bills which are currently before the Oireachtas. Key Bills of relevance to the data protection, commercial and technology sector include: Priority... (See Article)

    Sep 18, 2020 6:33 AM

  • ISDA article on Brexit and the impact on the derivatives trading obligation and the characteristic of OTC derivatives in the EU and the UK

    On 15 September 2020, the ISDA published a paper recommending that the EU and the UK recognise the equivalence of each other’s derivatives trading venues in order to mitigate the impact of the UK’s withdrawal from the EU. The paper explains that equivalence is the best solution for addressing conflicts and avoiding fragmentation of liquidity... (See Article)

    Sep 18, 2020 6:33 AM

  • UK COVID-19 – The FCA Business Interruption Test Case ruling – the end of the ‘Covid clause’ in leases?

    This week the High Court has delivered its eagerly anticipated ruling in the FCA Business Interruption Test Case. The case was brought by the Financial Conduct Authority on behalf of business interruption policyholders, with the aim of determining issues of principle on coverage and causation under a series of sample policy wordings. Whilst of broad... (See Article)

    Sep 18, 2020 6:33 AM

  • Securities and markets regulatory news, September 2020 # 2

    Annual transparency calculations for non-equity instruments: ESMA grants option to postpone to 21 September 2020 - The European Securities and Markets Authority (ESMA) has announced that trading venues and investment firms may postpone, for operational reasons, the application of the annual transparency calculations for non-equity instruments except bonds to 21 September 2020... (See Article)

    Sep 18, 2020 6:32 AM

  • A New Restructuring Plan

    For over a century, U.K. company law has enabled a company to propose, to its creditors or shareholders, a compromise or arrangement of their rights which, if approved by the requisite majority and then by the court, is binding on all of the relevant creditors or shareholders. This process—a scheme of arrangement under Part 26 of the Companies Act 2006—has been frequently used by companies (including those non-U.K. companies that fall within the winding up jurisdiction of the English courts, to whom the court’s scheme jurisdiction extends) to implement a wide variety of different forms of financial restructuring, despite it not being a formal insolvency proceeding. In June 2020, the U.K. Gove (See Article)

    Sep 18, 2020 6:32 AM

  • Finance Act 2020 — Taxation of Coronavirus Support Payments

    The Finance Act 2020 includes provisions (the body of which are in Schedule 16 to the Act) clarifying the tax treatment of payments made by the UK Government to alleviate the effects of COVID-19 on the economy and the workforce. Notably, these provisions govern the tax treatment of payments made under the Coronavirus Job Retention Scheme (CJRS), and the Self-Employment Income Support Scheme (SEISS), under both of which a significant proportion of the UK working population has received payments. The legislation allows for other schemes to be specified as included within the scope of the legislation as necessary. Businesses, employers, individuals and partnerships are included within the scope (See Article)

    Sep 18, 2020 6:32 AM

  • UK FCA's Business Interruption Insurance Test Case Decided by High Court

    On 15 September 2020, the High Court in London delivered an important judgment on liability for business interruption insurance. The ruling provides much needed clarification for policyholders, in view of the detrimental business effects from the Coronavirus pandemic lockdown and restrictions. (See Article)

    Sep 17, 2020 6:32 PM

  • Blog: FCA – business interruption insurance test case – judgment

    On 15 September the High Court handed down its judgment in the Financial Conduct Authority’s COVID-19 business interruption insurance test case. While there are mixed results in relation to a large number of questions, the court has ruled in favour of the policyholders’ arguments on most of the issues. (See Article)

    Sep 17, 2020 6:32 PM

  • UK Life Sciences and Healthcare Newsletter - September 2020: Life Sciences Investing Has Had A Good Bull Run - Will Covid-19 Upset That?

    Sponsors of life sciences funds have, over the past 5 years, enjoyed a steady but significant run of positive fund raising. Similarly, capital deployed into life sciences companies has increased steadily over this period, with both the absolute amount invested and size per funding round at an all-time high as of the end of Q1 2020. Against this, will the pandemic or other factors negatively impact the steady bull run of the last 5 years? In this article, we explore what trends can be discerned from the recent past and what the pandemic might hold for the industry going forward. (See Article)

    Sep 17, 2020 8:32 AM

  • Payments regulatory news, September 2020 # 2

    PSR annual report and accounts 2019 to 2020 - The Payment Systems Regulator (PSR) annual report and accounts 2019 to 2020 has been published... (See Article)

    Sep 17, 2020 8:32 AM

  • Merchant Shipping (Consequential Amendments) (EU Exit) Regulations 2020

    The Merchant Shipping (Consequential Amendments) (EU Exit) Regulations 2020 were laid before Parliament on 16th September 2020. The Regulations amend earlier legislation relating to merchant shipping made in order to address perceived deficiencies arising from the withdrawal of the United Kingdom from the European Union. Details of the amendments can be found here.

    Sep 17, 2020 8:30 AM

  • Civil Legal Aid (Remuneration) (Amendment) (No. 2) (Coronavirus) Regulations 2020

    The Civil Legal Aid (Remuneration) (Amendment) (No. 2) (Coronavirus) Regulations 2020 come into force on 7th September 2020. The Regulations amend the Civil Legal Aid (Remuneration) Regulations 2013 and also revoke the Civil Legal Aid (Remuneration) (Amendment) (Coronavirus) Regulations 2020. Details of the amendments can be viewed here.

    Sep 17, 2020 8:29 AM

  • Is Your Trademark Portfolio Brexit-Ready? Steps to Take Now to Ensure a Smooth Transition

    While the UK formally left the EU on January 31, 2020, “Exit Day” will occur on December 31, 2020. Are your trademarks ready? This article provides a brief checklist of considerations as we approach the hard exit date at the end of this year. For existing European Union Trade Mark (EUTM) registrations, each registration will... (See Article)

    Sep 17, 2020 6:33 AM

  • Anti-Counterfeiting Strategies in the EU and UK

    Unfortunately, IP crime is on the rise, particularly during these unprecedented times. A 2019 report found that the trade of counterfeit goods around the world now generates income of $509 billion annually. In Europe, around 7% of goods have been found to be counterfeit, which equates to approximately €121 billion in counterfeit goods per year.... (See Article)

    Sep 17, 2020 6:33 AM

  • UK COVID-19: Government extends protections for commercial tenants

    After much speculation the government has today announced that it will be extending protections that have been afforded to commercial tenants as a result of the COVID-19 pandemic. What are the current protections? Commercial tenants currently benefit from a number of COVID-19 related protections including: a temporary prohibition on landlords forfeiting commercial leases as a... (See Article)

    Sep 17, 2020 6:33 AM

  • Work-From-Home Policies in the Post-COVID Era

    COVID-19 has sparked a seismic change in the workplace as many companies have found that working from home (“WFH”) has not diminished employee productivity and that employees prefer its greater flexibility. Given that—and the potential for saving on overhead costs—many companies have announced plans to adopt long-term WFH policies and close or realign office space.... (See Article)

    Sep 17, 2020 6:33 AM

  • How Do The Changes to the UK Insolvency Laws apply to Energy Companies?

    As we discussed in our previous blog relating to the Supplier of Last Resort Process, energy company insolvencies bring with them a range of different processes and requirements which other companies do not need to consider. In particular, the involvement of the Secretary of State and the Gas and Electricity Markets Authority (GEMA) in energy... (See Article)

    Sep 17, 2020 6:33 AM

  • English High Court Rules In Favour Of Policyholders In COVID-19 Business Interruption Test Case

    The High Court has yesterday handed down its judgment in the test case of The Financial Conduct Authority v Arch and Others. The case, brought by the Financial Conduct Authority on behalf of policyholders and joined by two intervening action groups, relates to the availability of business interruption cover for losses arising from the COVID-19 pandemic. The guidance provided by the court favours the majority (but not all) of the arguments put forward by the FCA, in a significant decision which could benefit some 370,000 policyholders. (See Article)

    Sep 17, 2020 6:32 AM

  • A Right Royal Rejection: “Royal Butler” Trade Mark Application Denied in the UK

    HRH Prince Charles’ former butler has had his application to register a “Royal Butler” logo as a UK trade mark denied by the UK Intellectual Property Office following a successful opposition by Lord Chamberlain, on behalf of Her Majesty the Queen. (See Article)

    Sep 17, 2020 6:32 AM

  • Employment News: equal pay, redundancy, GDPR

    If it ain't broke – material factor still explained pay disparity after job evaluation - Employers have a defence to an equal pay claim if they can show that a difference in pay between an employee and their comparator is because of a material factor that does not involve direct or indirect discrimination. (See Article)

    Sep 17, 2020 6:32 AM

  • UK HR Solutions: How to deal with sickness absence

    Welcome to the next post in our weekly series of hands-on guidance for UK HR professionals. In this series we look at common HR issues that you’ll encounter in the workplace and give you practical guidance on how to deal with them. Over the course of the series we’re covering a variety of topics, such as how to handle grievances, disciplinaries, suspension, performance management and much more besides. This week we look at how to deal with sickness absence. Please see full Publication below for more information. (See Article)

    Sep 16, 2020 6:32 PM

  • European Union (Withdrawal Agreement) (Relevant International Agreements) (EU Exit) Regulations 2020

    The European Union (Withdrawal Agreement) (Relevant International Agreements) (EU Exit) Regulations 2020 were laid before Parliament on 15th September 2020. The Regulations amend the earlier Nuclear Safeguards (Fissionable Material and Relevant International Agreements) (EU Exit) Regulations 2019 to add the EU withdrawal agreement to the list of “relevant international agreements.” Details of the Regulations can be found here.

    Sep 16, 2020 9:45 AM

  • Management of Offenders (Scotland) Act 2019

    The Management of Offenders (Scotland) Act 2019 (Commencement No. 5 and Saving Provisions) Regulations 2020 come into force on 1st October 2020. The Regulations bring provisions of Parts 1, 3 and 4 of the Management of Offenders (Scotland) Act 2019 into force with savings on 1st October 2020. Details of the Regulations can be found here.

    Sep 16, 2020 9:09 AM