The government further strengthens its commitment to industrial and provident societies

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Sentencing Council publishes gross negligence manslaughter definitive sentencing guideline

The penalties imposed on individuals for fatal accidents in the workplace are set to increase after the Sentencing Council for England and Wales published its definitive sentencing guideline for gross negligence manslaughter. Walker Morris health and safety experts, Stuart Ponting and Robert Starr, consider the new guideline and the implications for employers and directors…

Energy Update – August 2018

This energy update includes the following white papers: CMA publishes final report on Heat Networks calling for new regulation The first National Infrastructure Assessment is published recommending growth in Green Energy NAO report on package recycling Update on Electric Vehicles Amendment Regulations 2018 – in force 24 July 2018 The Mayor of London’s Energy Efficiency […]

Longer term tenancies? Potential implications for lenders

Walker Morris’ Housing and Banking Litigation experts Karl Anders, Justin Coley and Sandip Singh explain the UK government’s consultation on introducing longer-term tenancies in the private rented sector, with a particular focus on potential impacts for lenders…

Assessing creditworthiness in consumer credit: FCA publishes final rules and guidance

The results of a large-scale survey by the Financial Conduct Authority (FCA) in 2017 indicated, among other things, that: 75% of UK adults had one or more consumer credit products or loans in the previous 12 months; 4.1 million people were “in difficulty” because they had already failed to pay domestic bills or meet credit […]

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Overseas companies and UK property – all change in 2021

By Maria Connolly At the end of July, the Draft Registration of Overseas Entities Bill was published. The intention is that, from 2021, overseas entities wanting  to deal in certain UK property will have to register in the overseas entities register (OER). Why will overseas entities have to register?

Hackitt review: Response suggests further extension of the regime

By Adrian Mansbridge As outlined in our previous articles covering what lies ahead for high rise regulation and the proposed ban on flammable cladding the legislative programme to implement the recommendations of the Hackitt review and to address broader concerns is already underway. However, as anticipated, political concerns have already led to these proposals being “beefed up”…

Use of behavioural biometrics brings privacy issues under GDPR

By Alex Towers With cybertheft and data breaches becoming an increasingly common occurrence, the need to rapidly and accurately identify fraud has driven the development of behavioural biometrics as a means to target automated attacks and suspicious transactions. However, for the technology to function, companies must amass libraries of biometric personal data to construct profiles…

Supreme Court rules a ‘right to litigate’ cannot be assigned to a third party

By Rebecca MacCann What happens if you assign your right to litigate to a person or company that is unconnected to the event that creates the right to litigate? In the recent Supreme Court case of SPV Osus Ltd v­ HSBC Institutional Trust Services (Ireland) Limited & Ors [2018] IESC 44, the Supreme Court held […]

Portugal: Fund management 2018

By Pedro Simões Coelho, Ricardo Seabra Moura and Carlos Filipe Couto How is fund management regulated in your jurisdiction? Which authorities have primary responsibility for regulating funds, fund managers and those marketing funds?

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Merit based salary or top dollar – what is the best method for remunerating those starting out in law? If you want to feel old, dig into your memories box and take a look at your first pay slip as a qualified solicitor. Now look at the current going rate for an NQ. Subtract the […]

The Pensions Regulator’s Code of Practice on defined-contribution pensions schemes

By Suzanne Burrell The Pensions Regulator’s Code of Practice: Governance and Administration of Occupational Defined Contribution (DC) trust-based pension schemes was laid before Parliament in July 2013. It is due to come into effect on 21 November 2013. Following the Pensions Regulator’s consultation on DC provision, the Pensions Regulator had identified gaps in the existing […]

Exercising a contractual discretion and the obligation to act in good faith

When parties agree to include discretionary rights in their agreement, one party will have the right to determine the outcome of some matter in prescribed circumstances. It is well established, however, that the courts have sought to influence the operation of discretionary provisions by imposing obligations of good faith on commercial players in certain situations. […]

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