LexBlog United Kingdom
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- Effective settlement agreements, Part 1 – promises, promises (UK)
We had several hundred sign-ups to our webinar on effective settlement agreements this week, so unfortunately did not get to deal with all the questions fed in through the chat box thingy on the screen. As promised, here are some of the answers – more to follow shortly. Should I agree to say in a...
- PRA policy statement reconciling capital requirements and macro-prudential buffers under Pillar 2A
On 6 July 2020, the PRA published Policy Statement 15/20 ‘Pillar 2A: Reconciling capital requirements and macroprudential buffers’ (PS15/20). PS15/20 is relevant to PRA-authorised UK banks, building societies and PRA regulated investment firms. In PS15/20 the PRA provides feedback to responses to Consultation Paper 2/20 ‘Pillar 2A: Reconciling capital requirements and macroprudential buffers’ (CP2/20). It...
- The UK Government and the Information Commissioner Provide Guidance on the Collection of Contact-Tracing Information by Hospitality & Leisure Businesses
As businesses in the hospitality and leisure industries are permitted to re-open in England, the Government is asking them to keep a temporary record of their customers and visitors, in order to support NHS Test and Trace. This information will be requested by NHS Test and Trace in the event that someone who has tested...
- Private Equity firms to face increased scrutiny of their AML procedures and how they deal with AML issues
The UK Financial Conduct Authority’s (FCA) recent announcements indicate that private equity firms (PE Firms) will see increased regulatory scrutiny over their anti-money laundering (AML) systems and controls. Earlier this year, the FCA issued a “Dear CEO” letter outlining its Alternatives Supervision Strategy, including its view of the key risks of harm that PE and...
- FCA victory against law breaking pension introducers
The FCA has succeeded in its civil claim against two companies and three of their directors found to be providing unregulated pensions advisory services to consumers. Last week, Andrew Johnson QC, sitting as a deputy Judge in the High Court, found that Avacade Limited (in liquidation) (“Avacade“) and Alexandra Associates (UK) Limited (“Alexandra Associates“), trading...
- UK COVID-19 Business Interruption Disputes Process May Offer Guidance to US Policyholders
The insurance industry in the United States continues to thwart legislative solutions for disputed COVID-19-related losses under property/business interruption policies and resists efforts to group lawsuits together into multi-district federal litigation or class actions. Meanwhile, the independent regulator of insurers in the United Kingdom, the Financial Conduct Authority (FCA), is trying to take a more...
- The EU and the UK Outline New Parameters for Entry, with a Particular Impact on Those Traveling from the United States
Beginning on March 17, 2020, the Schengen Member States as well as the four Schengen Associated States (collectively the “Member States”) temporarily restricted all non-essential travel from third countries into the European Union. These restrictions extended until July 1, 2020, when the EU Council recommended that Member States begin to permit entry from travelers residing...
- Room for manoeuvre for directors of UK companies? Corporate Insolvency and Governance Act temporarily modifies wrongful trading liability
The rapidly changing impact of COVID-19 on companies and the wider economy presents directors with the unenviable task of balancing the immediate need to secure the survival of their company against the longer-term implications for their stakeholders. In March, the UK Government announced that wrongful trading measures would be temporarily suspended to ease this pressure....
- Altruistic cell donation: Parens patriae.
The UK Human Rights blog has provided a note on A NHS Foundation Trust v MC  EWCOP 33 (available on BAILII). “MC was the subject of an application by an NHS Trust seeking the court’s consent for the harvesting of peripheral blood stem cells so they can be donated to her mother who has...
- ICO Teams Up with CMA and Ofcom in Digital Regulation Cooperation Forum
On July 1, 2020, the UK Information Commissioner’s Office launched a joint endeavor with the Competition and Markets Authority and Office of Communications, named the Digital Regulation Cooperation Forum.
- RSS users worldwide at 275 million? Ubiquitous RSS is almost upon us
Alex Barnett, International Program Manager for MSDN and TechNet at Microsoft, takes a look at the recent survey information on the use of RSS and concludes that ubiquitous RSS is almost upon us. …[T]he number of RSS users in the UK and US is now at a staggering 72.8 million…worldwide this is 275...
- Two new UK law blogs
What’s new on the UK legal web? reports on two new blogs: Family Lore, from a family law solicitor practicing in England and Wales, and The Landlord Law Blog, offering thoughts on residential landlord and tenant law....
- Justin Patten to write book on blogging
Justen Patten, a London solicitor and publisher of the Human Law blog has got a book on blogging coming out next year. I am pleased to inform you that Gower Publishing Ltd has just commissioned me to write a book on blogging. The provisional title is ‘Blogging and Other Social Media: Technology and ...
- Genetic Screening Hits National Health Service
The National Health Services in the United Kingdom proposes to implement genetic screening, based on Pre-implantation Genetic Diagnosis (PGD), originally developed in the late 1980s to identify genetic defects and chromosomal abnormalities in embryos before they are transferred to the womb. The...
- Qigong used to cope with anxiety
Qigong helped people cope with anxiety following the SARS outbreak, according to research in the April issue of the UK-based Journal of Clinical Nursing. The study of Qigong (or Chigong) use looked at 98 people who had enrolled before the SARS outbreak and 70 who enrolled after the disease hit Hong ...
- Study cautions use of herbal remedies for depression and anxiety
A UK study cautions those using herbal remedies for depression and anxiety. In “Herbal remedies for depression and anxiety,” Edzard Ernst notes: Herbal remedies are used by many people suffering from anxiety or depression. It is therefore important to know whether they generate more good than harm. ...
- Fighting Financial Fraud At UK Banks
In the United States, the Financial Crimes Enforcement Network regulates the customer identification procedures, (a.k.a “know your customer rules”), at banks. In order to clarify these procedures, the Financial Crimes Enforcement Network issued guidance in January 2004. These customer...
- Who Pays the Bill for Asbestos Claims: Recent Developments in Asbestos-Related Disease Liability in the UK
This post was written by Darren Smith, Julia Dodds, and Claire Hamm. The UK has an estimated 3,000 deaths per year from mesothelioma, the lung cancer caused by inhalation of asbestos fibres. This rate of incidence shows no signs of slackening, a result of the historic exposure of the UK workforce...
- EAT gives guidance on how TUPE applies to service provision changes
In Kimberley Group Housing Ltd v Hambley and ors and Angel Services (UK) Ltd v Hambley and ors, the Employment Appeal Tribunal (EAT) has overturned an Employment Tribunal’s finding that where a service provision contract is performed by one company and is taken over by two companies, the liability...
- PSL SaaS
Knowledge Management (KM) in the UK has meant something different than here in the US until recently. My top-line assessment has been that the UK gets the human aspect of KM and the US gets the technology part. We’ve both been working towards the middle with varying degrees of success. In the UK,...