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Firm: Shoosmiths LLP

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Changes to the Notifiable Events Regime
Shoosmiths LLP, September 2021

The government is consulting on much anticipated draft regulations fleshing out the details of the new notifiable event requirements introduced by the Pension Schemes Act 2021...

Teacher Fairly Dismissed for Safeguarding Concerns Despite Lack of Evidence
Shoosmiths LLP, September 2021

Employment cases involving teachers can involve particularly nuanced considerations for schools. It is not easy to balance safeguarding duties with employment law obligations. We look at a recent case which highlights this very issue. The welfare and safety of children is at the heart of every educational establishment’s ethos, but balancing safeguarding duties with the legal rights of teachers can present difficulties...

Pension Awareness Week 2021: Your Guide to Pensions on Divorce and Dissolution
Shoosmiths LLP, September 2021

Pensions form part of the assets that can be distributed between a couple on divorce/dissolution. This guide will provide you with an overview of what you need to know about pensions if you are separating or getting divorced. What pensions can be shared? Defined benefit/final salary schemes (for example public sector schemes) Defined contribution/money purchase schemes (for example personal pensions, SIPPS and some occupational schemes) Additional state pension...

Hydrogen – Producing the Future?
Shoosmiths LLP, September 2021

On 17 August 2021, the UK Government presented its Hydrogen Strategy (the “Strategy”) to Parliament. The 120-page document set out the Government’s ambition to develop a thriving hydrogen sector in the UK and to place it at the forefront of hydrogen technology. What does it say and how might hydrogen feature in the future? Throughout this article, we will be referring to different colours of hydrogen (primarily blue and green)...

Focus on COP26: The Future of Affordable Living
Shoosmiths LLP, September 2021

The hosting of COP26 in Glasgow this year shines a spotlight on the UK in relation to sustainability performance, applying more pressure on organisations to demonstrate their green credentials and to encourage the development and usage of sustainable technologies in the race to net zero. One sector in particular that is leading the charge on decarbonisation is the affordable housing sector, but barriers exist and challenges endure...

Later Living Lingo
Shoosmiths LLP, September 2021

Boomer’s accommodation is booming. Investors are keen on Later Living as an area with incredible demand and limited supply. So, to ensure you are talking the right lingo, we thought we could help out with an alphabetical glossary of key terms. Later Living, as a phrase and a distinct subsector of the residential property market, is the “catch all” term used for the assorted types of accommodation available to people in later life...

A Drop in Private Law Children Cases: A Sign of Change in the Family Courts?
Shoosmiths LLP, September 2021

In July 2021, new private law cases received by Cafcass (the Children and Family Court Advisory Support Service) fell by over 16%. According to the latest figures published by Cafcass this week, they received a total of 3,774 new private law cases in July 2021, 740 cases (16.4%) fewer than in July 2020. Private law cases generally consist of applications made to the family court by a parent or carer of a child following a divorce or separation...

The Dramatic Increase in UK Megadeals
Shoosmiths LLP, September 2021

A new report by Shoosmiths, in partnership with Beauhurst, shows that the number of venture capital ‘megadeals’ in the UK has increased tenfold over the last decade. In 2011 a modest five ‘megadeals’ (where £50 million or more is invested into a company) occurred, compared with an astounding 51 megadeals in the first half of 2021...

International Arbitration: Regional Perspectives, Asia
Shoosmiths LLP, September 2021

On 7 July 2021 we hosted the second event in our webinar series on International Arbitration, Regional Perspectives and focused on arbitration in Asia...

Tech Disputes: Exclusions and Limitations of Liability
Shoosmiths LLP, September 2021

Exclusion and limitation clauses are central to any IT or technology contract. When a dispute arises exclusions and limitations of liability are invariably key to determining whether there is liability and the extent of it. When a dispute arises exclusions and limitations of liability are very often key to determining whether there is liability, and the extent of it...

The Ultimate Punishment – Fines which Threaten the Viability of a Company
Shoosmiths LLP, September 2021

On 9 July 2021, Canterbury Crown Court imposed a record £90 million fine on Southern Water after the water and sewerage company admitted widespread and long term breaches of environmental law. Sentencing, the Honourable Mr Justice Johnson is reported* as saying he was aware that the company’s “continued viability” may be reviewed following the fine, but that this was “an acceptable consequence of the seriousness of those failings”...

Insolvency in Scotland: Back to Basics – Part 1, Winding Up
Shoosmiths LLP, September 2021

This is the first article in 'Back to Basics', a series of articles looking at insolvency processes in Scotland. In this article I examine the court process for winding up a company. A winding up petition is a form of legal action that can be used when a company is unable to pay its debts as they fall due. Sections 122 to 124 of the Insolvency Act 1986 (‘the Act’) deal with how to wind up a company in Scotland...

Bitesize Briefing – Freeports – Commercial Contracts and Supply Chain
Shoosmiths LLP, September 2021

The government has confirmed its intention to establish eight new Freeports in Solent, East Midlands Airport, Felixstowe & Harwich, Humber, Liverpool City Region, Plymouth & South Devon, Teesside and Thames. In our latest Freeport bitesize briefing, we look at some of the potential commercial contracts and supply chain opportunities for businesses looking to operate in these Freeports. There are generous customs and taxation benefits within Freeport sites...

Banking Briefing: In Practice - Pension Schemes Act 2021 Implications for Lending Transactions
Shoosmiths LLP, September 2021

There are indirect, and potential direct, implications for lending transactions from the Pension Schemes Act 2021. Both lenders and borrowers, as well as pensions trustees, have an interest in knowing what's changed and how that might impact their deals. The Act received Royal Assent on 11 February 2021 and updates the Pensions Act 2004. It primarily relates to funding and security of Defined Benefit or ‘Final Salary’ Schemes (‘DB Schemes’)...

The Future of the Domestic Energy Supply Market
Shoosmiths LLP, September 2021

As consolidation in the domestic energy supply market continues, a new report has been commissioned by Shoosmiths and produced by Cornwall Insight. It considers what is driving the consolidation, whether this looks set to continue and the outlook for the market. Current situation At its peak in 2018, there were 62 suppliers of domestic energy in the UK market...

What We’re Seeing: Margin Ratchets in Environmental, Social and Governance (‘ESG’) Loans
Shoosmiths LLP, August 2021

Margin ratchets are a concept that the banking and finance world are familiar with. Increasingly these are linked to ESG loans with both lender and borrower engagement. How do they work in practice, what are the benefits and what are the potential risks? Typically margin ratchets are linked to financial covenants – more often than not leverage – they incentivise borrowers to improve their financial health over the life of a loan...

Don’t let confusion cost your business - UKCA Delay
Shoosmiths LLP, August 2021

The UK Government has announced that businesses will have a further year to start using the UKCA marking for goods placed on the GB market, extending the deadline to 1 January 2023. What is a UKCA mark? The UKCA (UK Conformity Assessed) marking is the new UK product marking that is used for certain goods that are placed on the GB market and covers most goods which previously required the EU CE marking, known as ‘new approach’ goods...

Levelling Up – A Compelling Case for CPO?
Shoosmiths LLP, August 2021

May 2021 saw the election of seven ‘Metro Mayors’ outside London, underlining the government’s renewed enthusiasm for devolving powers beyond Westminster as part of its ‘levelling up’ agenda. The powers of each Mayor and Combined Authority vary but a common thread is the use of devolved planning powers to accelerate housing delivery...

Disagreeing with your Ex Over which School your Child Should GoTo
Shoosmiths LLP, August 2021

Separated parents sometimes disagree about which school to send their child to. It is difficult enough accepting if you cannot spend as much time as you want with your child, so having to agree schooling can make life even more difficult. Do I have a say in choosing schools? If you have parental responsibility for a child, you are entitled to have a say in which school they attend and generally about their education. Both parents usually have parental responsibility for their child...

Variable Pay Employee vs Fixed Pay Employee – Furlough Scheme Implications Explained
Shoosmiths LLP, August 2021

We have recently assisted a well known fashion retailer in successfully defending an unlawful deduction from wages claim in relation to furlough payments received by the employee. This is an important decision, not only for our client, but also other employers who have made use of the Coronavirus Job Retention Scheme (“the Scheme”). Background The employee’s contract of employment stated the employee had a contractual entitlement to a minimum of 20 hours per week...

The Sharing Principle in Short Marriages
Shoosmiths LLP, August 2021

In the recent case of E v L [2021] EWFC 60, the court has reconsidered how the sharing principle applied to marriages that are short and/or childless. Through the years, family courts have developed three key principles for financial remedy proceedings: “needs”, “sharing” and “compensation”. This article focuses on the two former principles...

Cryptocurrency – The Future of Banking?
Shoosmiths LLP, August 2021

In our previous article (Cryptocurrency – The Future of Money), we provided an overview of the key ideas behind cryptocurrency. In this article, we look at how cryptocurrency and digital currency might impact the corporate banking and finance market...

Mandatory Vaccinations – Care Homes and Beyond - Part 1
Shoosmiths LLP, August 2021

One issue which many employers are currently grappling with is whether to make vaccination against COVID-19 compulsory for employees returning to the workplace. In a 2-part article we consider this issue in the context of care homes and other workplaces. Care home employers In Part 1 of this article, we look at the situation for care home employers...

The Three Laws of Legal Robotics
Shoosmiths LLP, August 2021

In the 1940s writer and futurologist Isaac Asimov laid down his Three Laws of Robotics. We say it’s time for lawyers to do the same. A flourishing future is ours for the taking, provided we know how to grasp it. At Shoosmiths, we’ve been working on future-facing projects for a good few years now...

Is the Childcare Disparity Still a Consideration for Today’s Employers?
Shoosmiths LLP, August 2021

A recent case reminds us of the continuing reality that women, because of their childcare responsibilities, are less likely to be able to accommodate certain working patterns than men and that failing to take this into account could be discriminatory. The case of Dobson v North Cumbria Integrated Care NHS Foundation Trust involved a claim of indirect sex discrimination...

 

 

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