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Re 36 Bourne Street Ltd, Brierley v Howe: A clear illustration of the test for unfair prejudice claims

Under section 994 of the Companies Act 2006 ("CA 2006"), a member of a company may apply to the court for relief by way of petition if they are or have been unfairly prejudiced as a result of an act or omission of the company or the way in which the company's affairs are being or have been conducted. A section 994 petition is the primary procedural tool that minority shareholders can use to seek relief if they are being unfairly prejudiced by the conduct of a majority shareholder or a group of shareholders who are acting as a majority.

Arbitration Act 2025 receives Royal Assent

The long-awaited Arbitration Act 2025 was signed into law on Monday 24 February 2025.  The Act makes a number of targeted improvements to the Arbitration Act 1996, which remains the legal framework for arbitration in this jurisdiction. Its main provisions will enter into force on a date yet to be determined, although the government has confirmed that the new Act "will be commenced through regulations as soon as practicable".

Simplification or Deregulation? The EU's Sustainability Omnibus Explained

Three months after the European Commission announced a "simplification revolution", and after six weeks of intense speculation, rumours and leaks, we finally have the official texts of the sustainability "Omnibus" package.  It is now clear that there will be significant changes to EU sustainability regulation.  However, since this package needs approval from the co-legislators, it is unlikely to be the final word. Opponents of the Omnibus have pointed out that what was billed as simplification has turned into significant deregulation – although the European Commission is not labelling it that way.

ESG Litigation Risk: Navigating the Rising Tide

Increased corporate, societal and political focus on ESG has resulted in an increase in ESG-related litigation globally. These claims are emerging across many jurisdictions and relate to a variety of ESG issues including "greenwashing", climate change, business and human rights claims and environmental contamination.

Institutional Limited Partners Association Releases New Reporting Standards

On 22 January 2025, the Institutional Limited Partners Association ("ILPA") released its much anticipated updated Reporting Template and a new Performance Template, following extensive consultation with the industry last year. Adoption of the templates is voluntary, but investors may put pressure on sponsors to adopt these new templates. (Please see our briefing on ILPA's Quarterly Reporting Standards Initiative for information on the background to the Performance Template and the changes to the Reporting Template.)

The Third EPC Consultation – 5 FAQs for Landlords

On 7 February 2025, the Government published an open consultation entitled "Improving the energy performance of privately rented homes: 2025 update" (the "Third Consultation"). The Government proposes to raise the minimum energy efficiency standard required of privately rented homes in England and Wales to the equivalent of Energy Performance Certificate ("EPC") C by 2030, and this consultation follows on from the previous government's 2020 consultation (the "First Consultation").

National Security and the Labour Government

With the first UK Labour Government since 2010 now firmly with their feet under the table, this is a good opportunity to take stock of how the Government is approaching national security reviews under the UK's National Security and Investment Act ("NSIA") regime.   

Cloud services: What's the CMA's provisional verdict and why does it matter?

The UK Competition and Markets Authority (CMA) has published the provisional decision in its cloud services market investigation.  It provisionally recommends that the cloud service activities of the two largest players, Amazon Web Services and Microsoft, should be investigated using the CMA's new powers to regulate Big Tech under the UK's Digital Markets, Competition and Consumers Act.

Salaried members update: HMRC to reverse controversial guidance changes on increases in capital contributions

In February 2024, HMRC controversially amended its published guidance on the salaried member rules to say that, in its view, increases in capital contributions made solely to fall outside the salaried members rules would be ineffective. Following strong concerns and disquiet expressed by many (including those in the private capital industry), HMRC decided to conduct an internal review of those changes.

Major changes to UK consumer law are imminent: is your business ready?

The consumer law provisions of the Digital Markets, Competition and Consumers Act 2024 are expected to come into effect in April 2025. As well as new rules on pricing, fake reviews and subscription contracts, B2C businesses will face a much tougher enforcement regime – with the prospect of fines of up to 10% of global turnover.  We explain how you can protect your business from the risks and even use the legislation to your advantage.

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