JD Supra (JD Supra United Kingdom)

11193 results for JD Supra (JD Supra United Kingdom)

  • Briefcase 2024 Quarter 1: Key Real Estate Cases and Updates

    Case 1: Blackhorse Investments (Borough) Ltd v Southwark London Borough Council - The Upper Tribunal found that an alienation covenant, a keep open covenant and a best endeavours covenant were outside of its jurisdiction to modify.

  • Cayman Islands and BVI Sanctions Update – New Licensing Grounds for Russia Related Divestments

    New specific licensing grounds available under Cayman Islands and BVI Russia sanctions will pave the way for Cayman Islands and BVI investment funds and other entities to divest their frozen assets in Russia as well as remove sanctioned interests from their ownership structures. The UK has introduced new divestment specific licensing grounds in its Russian sanctions regulations which came...

  • UK Options for Whistleblower Financial Incentive Programmes in Economic Crime Investigations

    On 13th February 2024, in a wide-ranging speech, the Director of the UK Serious Fraud Office (SFO), Nick Ephgrave, publicly stated his provisional support for financial incentives to whistleblowers in allegations of significant economic crime. This was Mr. Ephgrave’s first public speech, some six months after joining the UK’s anti-financial crime unit. Like previous Directors, having identified...

  • The Pensions Brief: February 2024

    The Pensions Brief is a monthly update for trustees and employers of occupational pension schemes in the UK. It provides headline summaries of developments over the previous month and associated action points. It also includes a timeline of forthcoming developments over the next 12 months.

  • Regulatory monitoring Newsletter - February 2024

    1. Bank regulation - 1.1 Prudential regulation - (a) General - (i) EU - ECB: Memorandum of Cooperation between ECB and CAs on third-country bank supervision - Status: Final - The ECB has published a Memorandum of Cooperation (MoC) between the ECB and competent authorities (CAs) in relation to the supervision of third-country banking groups and branches. The MoC’s aims include to: (i) ensure

  • A Move Towards Unregulated Growth - Infrastructure

    Decarbonisation and digitisation: two of the key trends we heard a lot about in 2023 and we see no signs of that abating in 2024. Hand in hand with this, one of the ongoing themes for sponsors in the infra space is: how should we be thinking about structuring our investments into those unregulated ‘growth’ assets? We have answers! Take a look at our article for some of the key issues investors in

  • Managing a clash of rights in the workplace – recent cases and legal consideration

    In the third instalment of our equality and discrimination blog series, I explore how to deal with the growing issue of addressing conflicting rights in the workplace. This is one of the most difficult challenges for employers, at a time where workers are encouraged to bring their authentic selves to work. Two recent Employment Tribunal decisions highlight the dilemma as employers in both...

  • Buying and Selling Real Estate in England and Wales (Update)

    KEY FACTS OF REAL ESTATE ACQUISITIONS UNDER BRITISH LAW - 1. Introduction - Historically, there has been significant investment by overseas individuals and corporations in real estate in England and Wales and in particular in central London, which is perceived as a safe haven for overseas investors. Much of the recent overseas investment has been focused on residential real estate, but...

  • The Pensions Brief - January 2024

    General Code – final version published - The Pensions Regulator (TPR) has published the final version of its new General Code and an accompanying consultation response. The Code consolidates ten of TPR’s existing codes of practice and sets out the requirements that schemes need to meet in order to have an effective system of governance (ESOG) in place. The Code has been laid before...

  • UK Real Estate Horizon Scanner- Spring 2024 edition

    A snapshot of key regulatory developments expected to impact the UK real estate sector over the coming months. What is coming down the line this Spring in terms of new legislation and which are the crucial cases to have on your radar? We are seeing a huge amount of change, both politically and economically, which is reflected in a constant array of new government policies for 2024. Check out...

  • Buying and Selling Real Estate in Scotland (Updated)

    KEY FACTS OF REAL ESTATE ACQUISITIONS UNDER SCOTTISH LAW - 1. Introduction - This guide applies to real estate in Scotland only. 2. Tenure - Real estate, both commercial and residential in Scotland may be either of the following: Freehold - Freehold real estate is the absolute property of its owner, subject to any rights and title burdens or servitudes in favour of...

  • 2024: Regulation gets 'smart'?

    In our annual financial services Horizon Scanning webinar, our regulatory team provided an overview of upcoming and expected changes for UK firms. Partners from our UK team considered regulatory updates on the horizon for 2024, with highlights such as the continued reform of the UK's post Brexit framework for financial services regulation including the review of UK MiFID/MiFIR and EMIR,...

  • English Court of Appeal Overturns Adler Sanction: What Next for Restructuring Plans?

    The decision represents the first appellate-level ruling on the Part 26A regime. On 23 January 2024, the Court of Appeal set aside the sanction of the Adler restructuring plan (RP) in the first appellate-level decision on the still-nascent Part 26A regime. As such, the decision provides valuable commentary on the exercise of the court’s power to cram down a dissenting creditor class. This...

  • Fundamentals Asia: Hong Kong, Singapore, & Tokyo

    Every year, we track certain key data from new funds that we help our clients launch. By reviewing this data, comparing it with similar surveys and incorporating insights from our conversations with clients, we aim to draw out the key themes of the year and offer some predictions about how these trends may develop.

  • Summary of 2024 Amendments to the Equality Act 2010

    We are kicking off 2024 with an examination, over a series of blog posts, of some important developments in equality and discrimination law, including legislative changes, updated EHRC guidance on employer duties to take reasonable steps to prevent sexual harassment, and recent case decisions of interest. In this first blog, we highlight the legislative changes to the Equality Act 2010, which...

  • UK Real Estate Horizons: how does the new Biodiversity Net Gain regime affect you? - Do you need to comply with the Biodiversity Net Gain requirement?

    The new Biodiversity Net Gain regime comes into force in February 2024 and should be front of mind for those in the development industry. Our Planning team has prepared a Real Estate Horizons flowchart to help you to navigate the new BNG regime. While the new regime will be another hurdle for developers to overcome, it could present an opportunity for others, including some landowners.

  • London Litigation Year in Review and 2024 Outlook

    Welcome to our London Litigation Year in Review and 2024 Outlook. In this report, we examine the litigation trends that shaped the commercial landscape in 2023 and look at how these developments are likely to play out in the year ahead.

  • Risks in sustainability-related disclosures – reflections on landmark climate litigation actions in the English courts

    Last year, we wrote about ClientEarth’s application to the High Court of England and Wales for permission to bring a judicial review claim, alleging that the UK Financial Conduct Authority (FCA) unlawfully approved the IPO prospectus of an energy company. Following the High Court’s dismissal of the application, a renewal hearing was held on 13 December 2023, where the judge again refused...

  • Establishing a Business Entity in England (Updated)

    The attractiveness of the United Kingdom as a business location is unabated. There are many advantages to doing business in the UK. Investors can draw on a skilled workforce and access a large market; costs of labour and production are lower compared with many other western European countries; investors benefit from a business friendly environment as well as a high degree of legal certainty and...

  • UK Primary Market Reforms Tracker - January 2024

    An overview of the key developments around reforming the UK capital markets regime following Lord Hill's UK Listings Review, launched as part of the UK government's plan to strengthen the UK's position as a leading global finance centre.

  • Repositioning UK Office Assets—Risks and Opportunities: Best-in-Class vs. Out-of-Date

    Over recent years, we have seen an office sector where occupiers are taking less space and using it in a different way in the United Kingdom, even when compared to five years ago. That trend, which was accelerated by the COVID-induced home working social experiment, coupled with the significant increase in scrutiny on environmental performance from both investors and occupiers, is driving an era-d

  • 10 Key Focus Areas for UK-Regulated Financial Services Firms in 2024

    In this publication, we explore some of the core focus areas for UK-regulated financial services firms in the year ahead. 2023 saw significant progress on the regulatory reform agenda, and many measures consulted on or reviewed as part of the Edinburgh Reforms will be finalised and/or implemented in the course of 2024.

  • English High Court: Bifurcation in Representative Actions Is a Solution, Not the Purpose

    For parties to securities claims, a recent ruling clarifies that representative actions under CPR 19.8 do not oust the High Court’s jurisdiction to case manage such claims. The Commercial Court has struck out the first attempt by a claimant to bring a securities claim under ss. 90, 90A, and Schedule 10A of the Financial Services and Markets Act 2000 (FSMA) as a representative action under CPR 1

  • Briefcase 2023 Quarter 4: Key Real Estate Cases and Updates

    High Court Weighs Up Landlord’s Redevelopment Plans With Tenant’s Security of Tenure in Business Lease Renewal - A landlord sought an immediately exercisable break in an unopposed business lease renewal to facilitate a redevelopment of its premises. The tenant argued that this defeated the purpose of the Landlord and Tenant Act 1954, which is to provide tenants with security of tenure. What...

  • Legal developments in construction law - December 2023

    Continuing duty to advise or warn? How do you know? Whether, or not, a consultant has a continuing duty to advise or warn can be a challenging question to resolve.

  • FAQs – FCA consultation on anti-greenwashing guidance, plus final rules on Sustainability Disclosure Requirements (SDR) and ESG product labels regime

    The FCA has issued the final version of its rules for stage one of the UK’s new Sustainability Disclosure Requirements or SDR, together with its new ESG product labelling regime. The rules are detailed and complex. The new rules include restrictions on how managers can use terms like ‘ESG’, ‘green’ or ‘sustainable’ in product names and marketing.

  • Alumni Yearbook - A responsible business

    Change is becoming one of the few certainties at Allen & Overy as it adapts to the ever-developing consequences of globalism, technology and human resources. As a responsible business at the forefront of innovation, we have much to celebrate. It may just be my advancing years, but at this year’s Global Alumni Reunion in London, I was struck by the noticeable shift in the makeup of attendees....

  • UK recent developments in pensions seminar

    On 28 November 2023, we held our recent developments in pensions seminar covering legal updates from the pensions industry from the recent months. Topics members of our team covered included: Autumn Statement 2023: what does it mean for members and trustees? Tax update following the Autumn Statement 2023 Consolidation of pension schemes Validity of amendments to contracted-out schemes...

  • UK Real Estate Horizons: how does the new Biodiversity Net Gain regime affect you?

    Our Real Estate Horizons one page summary explains what the new BNG requirement is, when it’s relevant and the options available for satisfying it, and provide details on how the biodiversity value of a site is calculated using the Biodiversity Metric and how the delivery of BNG can be secured and enforced.

  • FCA Publishes Final Rules on Sustainability Disclosures and Investment Labelling

    The FCA’s long-awaited regime seeks to raise standards, increase consumer understanding, and reduce instances of greenwashing. On 28 November 2023, the FCA published its Policy Statement (PS23/16) containing final rules on its Sustainability Disclosure Requirements (SDR) and investment labelling regime. The FCA originally consulted on this regime in October 2022. Publication of the final rules

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