JD Supra (JD Supra United Kingdom)

We have gathered and examined data from AGM Notices published by FTSE 350 companies since January 2024. We have set out the approach companies have taken on a number of key aspects of their meetings, including where the meetings are being held, the arrangements made for Q&As and the varying levels of shareholder engagement being offered. We have also identified the categories of resolutions that...

What has changed? The Energy Act 2023 introduces a new UK merger control regime under which all mergers between energy network companies active in the UK can be assessed for their impact on Ofgem’s ability to make comparisons between energy networks. Transactions can be blocked/unwound where such impact is found to be prejudicial.

Parties that have possession, custody, or control of evidence potentially relevant to U.S. litigation or investigations are typically required to identify, collect, preserve, and produce such evidence (with limited exceptions) in response to discovery requests, subpoenas or litigation demands, regardless of where that evidence is located. Those requirements, however, may directly conflict with...

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.

The finance sector has a significant role to play in the global transition to net zero, with project financing being a customary means of raising funds in the energy and infrastructure sectors. Originally published in Global Hydrogen Review, April 4, 2024.

The Economic Crime (Transparency and Enforcement) Act 2022 requires overseas entities which own, or wish to acquire, certain real estate in the UK to register with Companies House and to provide, and keep up-to-date, information regarding their beneficial ownership.

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.

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...

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 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.

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

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

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...

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...

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...

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...

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...

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,...

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...

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.

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...

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.

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.

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...

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...

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.

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

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.

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

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...