Hogan Lovells (LexBlog United Kingdom)

487 results for Hogan Lovells (LexBlog United Kingdom)

  • The UK is the first to fusion legislation

    To demonstrate its clean energy commitments ahead of the UN Climate Change Conference, also known as COP26, the United Kingdom (UK) recently published its national strategy on fusion energy (Fusion Strategy) alongside a paper on the proposed regulatory framework (Fusion Green Paper), making the UK the frontrunner in fusion energy legislation.  As indicated in the...

  • Legal implications of remote work arrangements: perspectives from the U.S., UK, and France

    In light of the impact of the global COVID-19 pandemic, employers have made adjustments to facilitate remote working, with some considering maintaining expanded remote work policies even after government restrictions are lifted. However, employers should be aware of several legal issues and considerations that may apply when employees work from home and that “home” is...

  • Important changes to DAC6 regime in the UK

    Speedread The UK has made important changes to its implementation of the EU Mandatory Tax Disclosure Rules known as DAC6. The changes, which significantly reduce the scope of the rules in the UK, are largely good news for UK taxpayers and their advisers. The effect is that DAC6 reports will be required more rarely from...

  • Halliburton v Chubb: UK Supreme Court clarifies the position on arbitrators’ duties of impartiality and disclosure in London-seated arbitrations

    In Halliburton Company v Chubb Bermuda Insurance Ltd [2020] UKSC 48, the UK Supreme Court dismissed Halliburton’s appeal concerning its application to remove an arbitrator for apparent bias on the facts. However, it also emphasised the importance of arbitrator impartiality in London-seated arbitrations.

  • UK announces first sanctions designations under new global human rights sanctions regime

    The UK Government has issued sanctions for the first time under the new global human rights sanctions regime against individuals and organisations responsible for human right violations. This is the first wave of designations under the new regime, with further sanctions expected in the coming months. What has happened? On Monday 6 July 2020, the UK...

  • UK COVID-19: Government announces “final” extension to protections for commercial tenants

    The government has today announced that it will be extending the current protections that have been afforded to commercial tenants as a result of the COVID-19 pandemic, for one final time. What are the current protections? Since the outbreak of the COVID-19 pandemic, the government has repeatedly extended temporary prohibitions on landlords taking certain enforcement...

  • What’s happening with the Retail Prices Index and why?

    Speedread: Alongside Wednesday’s Spending Review, the government and the UK Statistics Authority (UKSA) have published their response to the recent consultation on reform to the RPI. The outcome to the consultation states that “it is UKSA policy to address the shortcomings of the RPI in full at the earliest practical time”. The earliest the proposed...

  • Webinar: A bipartisan view of the 2020 election and its impact on U.S. / UK relations

    Joe Biden has been elected as the 46th President of the United States. A new presidency – coupled with a new relationship between the UK and the EU – presents the potential for a material change in U.S. domestic policy and relations with the UK. How will these changes affect you and your business? Join...

  • 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...

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

    After much speculation the government announced on 16 September 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...

  • UK COVID-19 – Further protection from eviction for residential tenants

    Following emergency legislation in March 2020, intended to protect residential tenants from eviction during the COVID-19 lockdown (see our blog here) the government has announced further measures to ease the pressure on tenants who continue to feel the social and economic impact of the pandemic. Six month notice period From 29 August 2020, landlords must...

  • UK Government calls for feedback on regulation of IoT device security

    Following the UK Government’s announcement in January 2020 that it would be moving forwards with regulation on consumer IoT device security, the Government has now published its legislative proposals and is seeking feedback from interested parties by 6 September 2020. The Government’s proposals impose new requirements on manufacturers for the manufacture and sale of consumer...

  • Hold the back page! Cyber attacks hit sport – what can property owners learn?

    In all the COVID chaos it is easy to forget about cyber security vulnerability and that the UK real estate industry remains exposed to cyber attacks through inadequate security systems and lack of preparedness.  The fundamental unsuitability of both institutional leases and standard buildings insurance policies to address cyber attacks that cause non-physical damage leaves...

  • UK regulator publishes consultation on video-sharing platform regulation

    On Friday 16 July 2020, the UK communications regulator, Ofcom, published a consultation on video-sharing platform regulation, calling for views by 24 September 2020. The UK government intends to introduce a new statutory framework this Autumn to implement the revised Audio-Visual Media Services Directive, including new obligations on UK-established video-sharing platforms (which the consultation

  • UK COVID-19: Should the UK real estate sector still worry about a no-deal Brexit?

    At the moment Brexit appears to have been forgotten by many. This is understandable – the impact of COVID-19 is so immediate, vast and deep that the economic impact of Brexit seems distant and trivial by comparison. However, as real estate investors, landlords and tenants adapt and restructure their businesses they need to factor in...

  • Re-open for business in the UK: How to safely re-open restaurants, pubs, and bars

    The government has announced that on 4 July 2020, it will commence the third stage of its plan to ease the ‘lockdown’ restrictions implemented in England due to COVID-19. Following the re-opening of ‘non-essential retail shops’  in stage two, this third stage will involve the re-opening of restaurants, pubs and bars as well as hairdressers, cinemas,...

  • Webinar: How to effectively do business with UK government

    Doing business with governments – winning opportunities, negotiating successfully, and delivering profitability – is an art and a science. At a time of unprecedented government intervention, it has never been more important to ensure effective engagement, whether to win new contracts or secure investments, grants, or loans. You know how to succeed in the United States. In this...

  • COVID-19 UK – Additional breathing space…but tenants who can pay should

    Last week the government announced that: the forfeiture moratorium is to be extended until 30th September 2020; Commercial Rent Arrears Recovery (CRAR) can only be used where tenants owe at least 189 days of unpaid principal rent; the draft Corporate Insolvency and Governance Bill has been amended, extending the temporary ban on the use of winding-up...

  • UK COVID-19: Landlords take note – this is not a wind up

    RE: A COMPANY (INJUNCTION TO RESTRAIN PRESENTATION OF PETITION) The court considered an application for an injunction in light of the new Corporate Insolvency and Governance Bill 2020 (“CIGB”), which was published on 20 May 2020 and is expected to come into force in late June or early July – click here for more details...

  • Life Below Zero

    Despite mixed messages over the past few weeks, it sounds as if the Bank of England is considering taking UK base rate interest below 0% in order to give itself and the Chancellor more headroom for measures intended to restart the economy, and then keep it going, as we start slowly to come out of...

  • 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 What’s the latest? As we reported on 24 April, the government announced curbs to landlords’ “aggressive” rent collection tactics of serving statutory demands and presenting winding-up petitions during the COVID-19 pandemic.  The details...

  • New Data Protection-Friendly eCommercial Model Clinical Trial Agreements Now Available

    Updated versions of the UK model Clinical Trial Agreement and the Clinical Research Organisation model Clinical Trial Agreement have been published. Given the increasing importance of safe but swift clinical trials in the time of coronavirus, this post outlines the main changes introduced from a data protection perspective and what they mean for contracting parties.

  • UK COVID-19: Back to the workplace – stay alert

    Boris Johnson has now changed the focus from staying at home to staying alert.  What does this mean for landlords who need to create a COVID-safe environment? How does this look in practice?  And who pays? It will be a long time before the lockdown is fully lifted, but the government’s ambition is for some...

  • UK COVID-19: Can the temporary stay on possession proceedings be lifted?

    The Court of Appeal says (almost definitely) no We have previously blogged about the 90-day stay of all possession proceedings until the end of June, which was brought into force by the courts on 27 March 2020 by the new practice direction PD 51Z. Earlier this week, in the case of Arkin v Marshall, the Court...

  • What is Duvalue of an absolute covenant in a lease?

    On 6 May 2020, the Supreme Court handed down its judgment in the case of Duval v 11-13 Randolph Crescent Limited [2020] UKSC 18.  The question considered by the court was whether a landlord of a block of flats could consent to a tenant carrying out works which would amount to a breach of covenant...

  • UK COVID-19: Residential possession proceedings during lockdown- is the new practice direction too wide to work?

    The UK government’s response to the COVID-19 outbreak has included various steps intended to relieve pressure on residential property tenants, whose livelihoods and income might have been seriously impacted by the current lockdown.  Those steps have included the extension of statutory notice periods for landlords who want to terminate residential tenancies, and extra time being...

  • Update on UK export licencing processes amidst the COVID-19 outbreak

    Amidst the global COVID-19 pandemic many things are uncertain. For businesses, this is further compounded by the rapidly changing and temporary measures that governments are launching to limit the financial fallout of the outbreak. To ensure businesses are not accidently caught out by these new measures, it is important for companies importing and exporting goods...

  • UK COVID-19: Further commercial tenant protections announced by the government

    Yesterday, the government announced further protection for the “UK high street from aggressive rent collection”.  This protection takes the form of further restrictions on a landlord’s ability to pursue certain enforcement action against a tenant: in particular, serving statutory demands and presenting winding up petitions for non-payment of rent. These protections build upon the temporary...

  • COVID-19 UK – Emergency permitted development right switched on

    As converted conference centres and arenas open their doors as temporary NHS Nightingale Hospitals, the latest tranche of urgent planning measures designed to respond to the spread of COVID—19 came into force at 10.00 this morning (Thursday 9 April 2020).  The measures provide planning clarity for those wishing to make available to the NHS and...

  • COVID-19 UK: Virtual planning committee meetings are no longer a remote possibility

    The government has finally taken the steps needed to start bringing the planning system into the 21st Century, enabling “remote committee meetings” for the first time, in response to the coronavirus outbreak. Certain types of planning applications must be determined by a local planning authority’s planning committee, but to date the meetings of these committees...

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