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Firm: Shoosmiths LLP

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How is Future Inheritance and Entitlement Under a Trust Treated in Divorce?
Shoosmiths LLP, June 2021

The court has to have regard to the “income, earning capacity, property and other financial resources that each party to the marriage has or is likely to have in the foreseeable future” (Section 25(2)(a) Matrimonial Causes Act 1973). Property and other financial resources can include expectations under a will and beneficial interests under a trust. Expectations under a will It is rare for a future entitlement under a will to be treated as a financial resource...

New Plans for the UK Immigration System
Shoosmiths LLP, June 2021

The Government has published its first statement setting out its vision for legal migration and border control as part of the new plan for immigration. This article summarises the key goals that form part of the vision. The statement sets out key delivery priorities for 2021 – 22...

Surrogacy and the Creation of the Modern Family
Shoosmiths LLP, June 2021

More recently, many more people are using fertility treatment to conceive; particularly same sex couples, single women and surrogates (Human Fertilisation and Embryology Authority data). This echoes a societal shift in so far as relationships, the formation of families and lifestyles are concerned. As such, there needs to be more emphasis on the development and evolution of the law and sector generally...

An Introduction to Scotland’s Greenports
Shoosmiths LLP, June 2021

The headline announcement of Freeports in the Chancellor’s Budget made it clear that they will have an important role in regeneration and supporting the delivery of the UK’s clean energy revolution...

Shoosmiths Ongoing Support for Change in Forced Marriage Law
Shoosmiths LLP, June 2021

The concept of ‘predatory marriage’ may be unfamiliar to many, but the harm caused by predatory marriage can have serious and permanent testamentary effects. The term is generally applied to forced marriages faced by individuals (usually elderly) whose mental capacity is in doubt or who are vulnerable to undue influence. The estates of these same individuals are often subject to a probate claim after they have passed away...

Retail / Healthcare Collaborations
Shoosmiths LLP, June 2021

Many people have used their time at home to consider their health and well-being. Some have taken up exercise, yoga or getting a dog. Others have decided to find out more about their health in order to make healthier choices and use online portals like 23andMe (saliva test), Thriva (blood test) or Pharmacy2u (blood or urine test) to point them in the right direction...

An Employer's Guide to the Additional Bank Holiday Announced for 2022
Shoosmiths LLP, June 2021

An additional bank holiday has been announced to take place in June 2022 to mark Her Majesty the Queen's Platinum Jubilee. But are all employees automatically entitled to paid time off and what approach should employers take? What is changing? Next year, the Spring Bank Holiday (normally due to take place on the first Monday in May) will be moved to Thursday 2 June. The additional Bank Holiday will then take place on Friday 3 June...

Cookie 'Banner Terror’: Are You in Schrems' Sights?
Shoosmiths LLP, June 2021

Automated activism is here now on how compliant businesses are. Are you ready for potential tech-enabled complaints on your site's cookies? In 1993 Tesco ran a trial of a loyalty scheme: the Tesco Clubcard. When the results of the trial of the scheme were presented to the board in 1994, the chair, Lord Ian MacLaurin, said, ‘what scares me about this is you know more about my customers in three months than I know in 30 years’...

Key Cases for Employers who Recognise a Trade Union
Shoosmiths LLP, June 2021

We've seen two trade union-related decisions being handed down within a week of each other: Mercer v Alternative Future Group Ltd and Nexus v NURMT & Unite. For those employers with recognised trade unions the decisions are worth taking a closer look at. Mercer v Alternative Future Group Ltd Mercer is not good news for employers...

Real Estate IHL Forum: All Change! Planning: Panacea or Part of the Problem?
Shoosmiths LLP, June 2021

The COVID pandemic has catalysed the decline of traditional retail as the dominant offer in our town centres. There is a growing consensus that a significant part of most town centres needs to have a greater focus on the local community, be experimental and better address local needs. Alongside this, we have the government agenda to ‘level up’ and to ‘build back better’...

When and How Should Employers be Using a Data Protection Impact Assessment?
Shoosmiths LLP, June 2021

A Data Protection Impact Assessment (“DPIA”) is a process which helps employers to identify, analyse and minimise the data protection risks of a project. But when should employers be using a DPIA and what makes a DPIA effective? When should employers be using a DPIA? The Data Protection Act 2018 (the Act) states that a DPIA must be implemented before any processing is undertaken which is “likely to result in a high risk” to individuals...

Workplace Testing and Vaccinations: What Employers Need to Know
Shoosmiths LLP, June 2021

Workplace testing has proven to be a crucial piece in the UK government’s jigsaw to get British business back on its feet. But how can businesses implement a workplace testing programme  and will the vaccine roll out make a difference? What is a lateral flow test? In March 2021, the government confirmed that almost 50,000 businesses had registered for free and regular lateral flow tests through the government funded workplace testing scheme...

UK Cities Investor Guide
Shoosmiths LLP, June 2021

As we emerge from the pandemic, UK cities have a positive future – from the growth of digital broadcasting in Manchester to the positive future for inward investment; from what is needed to preserve our high streets to excitement around the Birmingham 2022 Commonwealth Games. The UK Cities Investor Guide is a bi-annual publication produced in partnership with EG, and tackles some of the key challenges and opportunities facing the real estate investment market...

International Travel: Personal Data Needs “Passports”, “Visas” and “Vaccinations” Too
Shoosmiths LLP, June 2021

Today personal data travels instantly, and it is easy to forget the journey and the risks, but access to certain countries can be restricted without the proper paperwork, including the new SCCs. Is your personal data fit to travel? The new SCCs passport The main safeguard used to send personal data internationally, the Standard Contract Clauses (SCCs) have just been updated on 4 June 2021. Work will be needed to renew your personal data contract passport for it to travel...

When Time Runs for Claim in Negligence: Court of Appeal Revisits the Position
Shoosmiths LLP, June 2021

Court of Appeal revisits the position of when time runs for claim in professional negligence. Careful thought is required when assessing limitation periods where there is a delay between the negligent act and the loss crystallising.  The time when a cause of action accrues is critical when assessing whether that claim has been brought within the statutory limitation period...

When Do I Stop Paying for my Children in Family Law?
Shoosmiths LLP, June 2021

When parents separate one question that is often asked is how long will I or my ex have to pay child maintenance for. Child maintenance Child maintenance is a regular, usually monthly payment, made by the parent with whom the children do not live (commonly known as the non-resident parent (NRP)) to the other parent (commonly known as parent with care (PWC))...

Standard Contractual Confusion?
Shoosmiths LLP, June 2021

New SCCs are hot off the (virtual) press. Now's the time to plan, implement the changes in them and, most importantly of course, keep your data flowing. Who hasn’t during a power cut, out of habit, entered a room and tried to flick on the lights? There’s a tiny delay before you remember there’s no power and you reprimand yourself for being so foolish. Too often, we only notice the electricity that powers our lives when it’s not there...

Will Covid Result in Longer Child Maintenance Orders?
Shoosmiths LLP, June 2021

A question that has been posed by separated parents over the last year has been whether they will need to pay maintenance for their children for longer due to the unexpected gap year. Following the outbreak of COVID-19 there was an increase in students deferring their places at university due to start in the autumn of 2020. The number of deferrals was increased from 5.6% in 2019 to 6.3% in 2020...

The Impact of COVID-19 on Ethnic Minorities Accelerates the BLM Movement
Shoosmiths LLP, June 2021

Our latest article in the series looking at the impact of the pandemic on different groups focuses on how COVID-19 has affected those within ethnic minorities, what this has meant for the BLM movement and what employers can do to better support employees. Impact of COVID-19 The latest statistics all point to the fact that the COVID-19 pandemic has disproportionately affected those within ethnic minorities...

The Pitfalls of Acting in Person
Shoosmiths LLP, June 2021

According to the Court Service, around 80% of cases presently in the family courts of England and Wales involve at least one of the parties acting as an unrepresented litigant in person. Since 2013, when public funding for almost all family court cases was stopped, numbers have been steadily rising. The reasons are simple; many people decide to represent themselves in an attempt to avoid expensive legal bills...

Pride Month: The Importance of Using Gender Pronouns in the Workplace
Shoosmiths LLP, June 2021

Whilst we all live in a much more progressive society than we ever have before, there is still a danger of misgendering someone’s identity. The use of gender pronouns in the workplace can therefore help and is an important part of LGBT+ inclusion. Background The Oxford Dictionary defines a pronoun as ‘a word that is used instead of a noun or noun phrase, for example ‘he, it, hers, me, them, etc.’...

Child Maintenance: Traps for the Unwary
Shoosmiths LLP, May 2021

For parents, the child maintenance system can seem a vast and complicated system of ropes and pulleys for something they expect should be straightforward. But remember, the Child Maintenance Service (“CMS”), formerly known as the Child Support Agency, is a huge machine with a vast caseload. This unfortunately means that the system does not always work as it should. To help parents, we have set out our top tips for dealing with child maintenance below. 1...

Flexibility and Teleworking
Shoosmiths LLP, May 2021

Flexible working is not a new concept in the UK, and it exists in a number of forms, both formal and informal. However, in the UK as with the rest of Europe, the sudden emergence of the coronavirus pandemic flipped the way many people worked across the EU as governments put in place social distancing and isolation measures...

Shoosmiths Speaks at TLA Scale Up Group’s Event: UK Tech on the World Stage
Shoosmiths LLP, May 2021

Tech London Advocates (TLA) Scale Up Group hosted a virtual event with expert speakers, UK Tech on the World Stage, as a partner event for Scaleup Week: The Business Plan held on 18-20 May 2021. A panel of international tech leaders shared insights and opinions regarding UK technology on the world stage, exploring the growth of UK digital businesses and what it takes for them to expand into overseas markets...

Focus on COP26: Logistics - Future Proofing or Obsolescence
Shoosmiths LLP, May 2021

Net zero targets now cover in excess of two thirds of global GDP and over a fifth of the world's largest public companies, according to the latest report published by the Energy and Climate Intelligence Unit and Oxford Net Zero. This global shift towards net zero has reshaped the development landscape with demand for sustainable buildings being driven not only by regulators, but by investors and occupiers...

 

 

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