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Shoosmiths LLP | February 2023

Why is green hydrogen important and what is its role in energy transition? The UK’s first official Hydrogen Week takes centre stage this week, bringing together stakeholders across the UK to celebrate and promote the role of hydrogen in reaching net zero (NZ) ...

Shoosmiths LLP | February 2023

The Supreme Court has this week (8 February 2023) handed down a judgment considering whether landlords have management discretion to vary service charge percentages in residential leases. S.27A(1) of the Landlord and Tenant Act 1985 (the Act) gives the First-tier Tribunal (FtT) the ability on application to make various decisions about service charges in residential dwellings, including whether it is payable or not ...

Shoosmiths LLP | February 2023

On Tuesday 7 February 2023, the Transport Secretary, Rt Hon Mark Harper, laid out his commitment to the rail industry for the first time during the George Bradshaw address.  As it stands it was a huge night for rail, with the sector desperate for some clarity over what the next steps are in relation to a number of things ranging from the establishment of Great British Railways (GBR) through to where it will be based and visibility of work pipelines ...

Shoosmiths LLP | February 2023

The UK’s advertising regulator, the Advertising Standards Authority (ASA), has recently issued a warning to advertisers to ensure that their marketing does not mislead or take advantage of consumers when advertising products as saving money in the cost-of-living crisis ...

Shoosmiths LLP | February 2023

Underpinning the litigation anticipated to follow the COVID-19 Inquiry is the feeling that it is still too early for claims on key matters to be issued. A recent theme of claimant firms has been to agree deadlines with counterparties where limitation issues arise, or to put counterparties on notice of claims but wait for evidence to be given to the Inquiry and any findings before taking claims forward ...

Shoosmiths LLP | February 2023

The Register of Controlled Interests in Land (RCI) opened in Scotland on 1 April 2022. As we reported last year, the main aim of the RCI Regulations[1] is to increase public transparency around individuals who have significant control over decision-making in relation to land or a registrable lease, but crucially who do not appear on the Land Register or Sasine Register ...

Shoosmiths LLP | February 2023

With the impact of climate change increasingly evident, it is no wonder that many consumers are endeavouring to make more environmentally conscious decisions in their day-to-day lives. Consumers’ focus to become more environmentally friendly often centralises around changes to their purchases of small, everyday goods such as food, toiletries and other household essentials ...

Shoosmiths LLP | February 2023

As an employer, how do you support your employees who are going through a divorce or separation? Lots of employers (including household names such as Asda, Tesco and Unilever) are working with Positive Parenting Alliance (PPA) to ensure that they have more family-friendly employee policies in place for employees going through divorce or separation ...

Shoosmiths LLP | February 2023

This week marks Children's Mental Health Week (6-12 February 2023). The focus on mental health has been increasing in recent years, with one in six children aged between five and 16 likely to have experienced mental health challenges. As a result, there are a growing number of workdays lost by parents, guardians, carers, and those with childcare responsibilities, to support and manage such challenges ...

Shoosmiths LLP | February 2023

Pensions analysis: The Pension Protection Fund (PPF) has issued its levy rules and associated guidance and appendices for the 2023–24 levy year. Suzanne Burrell, Partner at Shoosmiths, examines the latest rules and guidance, the changes made since last year, the implications for pension schemes and what happens next.  What is the background to the PPF’s consultation on the 2023/24 levy rules?  The PPF’s consultation ran during the autumn of 2022 ...

Shoosmiths LLP | February 2023

For those engaged in the financial services sector, these seven letters often pave the way to difficult decisions, reprioritisation of projects and occasionally, an awkward shuffle in the seat. On receipt of their own Dear CEO letter from Unite the Union, I have no doubt that there has been a lot of awkward shuffling around the management tables at the FCA. The letter to Rikhil Rathi (CEO of the FCA) was sent on February 1 and it cannot make for comfortable reading ...

Shoosmiths LLP | February 2023

In a recent Freedom of Information (FOI) release, HMRC announced that it has nine live corporate criminal offence investigations, with a further 26 live opportunities currently under review.  The investigations span 11 different business sectors, including software providers, labour provision, accountancy and legal services and transport. No charging decisions have yet been made ...

Shoosmiths LLP | February 2023

Fleur Turrington, Jennifer Clarke & Aimee Cook work through the pros & cons of the Procurement Bill ...

Shoosmiths LLP | February 2023

A landmark judgment was handed down yesterday (1 February 2023) by the Supreme Court in Fearn and others (Appellants) v Board of Trustees of the Tate Gallery (Respondent) [2023] UKSC 4. In its judgment, the Supreme Court has allowed the appeal by the residents of Neo Bankside, meaning that the Tate is liable to them in nuisance.  Background  The case centred around glass-walled flats high above the South Bank in London ...

Shoosmiths LLP | February 2023

The idea of achieving purpose alongside profit has been part of the business world for centuries, but the importance placed on it has reached new heights in recent years. How can charities help? “In every corner of our lives and our country, civil society can be found ...

Shoosmiths LLP | February 2023

Developers have been given six weeks to sign a contract to commit an estimated £2 billion to the repair of unsafe buildings. The Department for Levelling Up, Housing and Communities (DLUHC) previously announced that over 49 developers had signed a pledge committing to remediate “life critical fire safety works” in buildings over 11m that they were involved in developing and refurbishing in the last 30 years in England ...

Shoosmiths LLP | February 2023

On 24 January 2023 the government launched a consultation seeking feedback on its draft statutory Code of Practice on Dismissal and Re-engagement (sometimes known as “fire and rehire”). The consultation remains open until 18 April 2023. The draft code does not apply to redundancy situations ...

Shoosmiths LLP | February 2023

Back in July 2021, the Women and Equalities Committee produced a report on menopause in the workplace. The report recommended that the Government amend the Equality Act 2010 to include menopause as a protected characteristic and make it an obligation for employers to provide reasonable adjustments for staff going through the menopause. The report also put forward a proposal for dual discrimination claims to be allowed at employment tribunals ...

Shoosmiths LLP | January 2023

There are less than 12 months until new mandatory biodiversity net gain (BNG) requirements are enforced as part of the Environment Act 2021. The legislation will require all new developments in England (bar a few exceptions) to deliver at least 10 per cent BNG – impacting both commercial and residential developers. Although the Environment Act received Royal Assent in November 2021, secondary legislation is set to be introduced to enable the relevant provisions to take effect ...

Shoosmiths LLP | January 2023

The key objective of the Building Safety Act 2022 is to improve building safety across the built environment, with a particular focus on the residential sector. The BSA received Royal Assent in April 2022 and will be implemented in stages ...

Shoosmiths LLP | January 2023

The Government has published its response to questions regarding “in occupation” higher-risk buildings.  Part 4 of the Building Safety Act 2022 (BSA) contains provision about the management of building safety risks in occupied higher-risk buildings. The draft Higher-Risk (Key Buildings Information etc) (England) Regulations 2023 sets out in more detail the allocation of responsibilities and obligations to be provided under that Part ...

Shoosmiths LLP | January 2023

Take-up of electric vehicles has been a rare success story for the UK government’s vision of achieving a net zero economy by 2030. The government reports that in 2022, one in six new vehicles sold in UK was a plug-in electric vehicle (EV). But dreams of an exhaust-free utopia have suffered a recent reality check ...

Shoosmiths LLP | January 2023

This is the third article in our series about sponsor licences. This article focuses on the effect of insolvency on a sponsor licence.  Businesses are facing challenging times in the current economic downturn and insolvency is a real possibility for many, with 5,595 company insolvencies in the third quarter of 2022[1] alone.  If a business is on the brink of insolvency this will potentially have an impact on any sponsorship licences held within the company group ...

Shoosmiths LLP | January 2023

Charities face challenges on many fronts right now, but one silver lining to the cost-of-living crisis is the popularity of charity shops, especially among younger people. Today sees the launch of Charity Super.Mkt at the Brent Cross Shopping Centre in North London, a great illustration of necessity being the mother of invention, meeting the demand for sustainable fashion and bringing life back to vacant retail space. Charity Super ...

Shoosmiths LLP | January 2023

BigTech has kept information about advertising (who is seeing the adverts, who is clicking on the adverts...) largely in a safe under lock and key.  This is about to change and advertising agencies could be a major beneficiary. Advertising agencies likely need to invest in capabilities to analyse huge volumes of data, or engage external advisors to do this work ...

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