Knowledge

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SkyKick v Sky – The Supreme Court's ruling on bad faith

The Supreme Court's long-awaited judgment in SkyKick v Sky has made it easier to challenge trade mark registrations in relation to overly broad classes of goods and services on the basis that they were applied for in bad faith. This briefing provides an overview of this significant decision and what it means for trade mark owners.    

Prepare to protect

The Terrorism (Protection of Premises) Bill, also known as Martyn's Law in honour of Martyn Hett who died in the 2017 Manchester Arena attack, will when enacted improve the UK's security by obliging those responsible for certain premises and events to plan how they would respond to a terrorist attack in or near to their property. Persons responsible for larger premises and events must also take steps to reduce the property's vulnerability to terrorist attacks.

Real Estate Tax Checklist - November 2024

Since our last briefing, there have been several significant tax developments which affect the real estate sector. The new Labour Government's first Budget included welcome confirmation that it will press on with introducing a new form of investment fund (the RIF) that is expected to be particularly attractive for investment in commercial real estate, and proposals for significant reform to the tax treatment of carried interest.

National Security & Investment Act: UK Government wins first challenge to divestment order

The first ever judgment on the UK Government's application of the National Security and Investment Act 2021 ('NSIA') has been handed down. With a focus on the procedural aspects of the review, the High Court upheld the Government's decision to require LetterOne (ultimately owned by Russian nationals, including individuals subject to UK sanctions) to divest the entirety of its shareholding in Upp, a fibre broadband start-up. 

Infrastructure Spotlight – Autumn/Winter 2024

In this edition, we focus on the infrastructure implications of the new Labour Government's first Budget, including for energy, vehicles, telecoms, housing and major projects.  We also look at new initiatives affecting the UK water industry and UK infrastructure investment more generally.  Please get in touch if you would like to discuss any of the issues discussed below.

The European Accessibility Act – has it slipped under your radar?

Many businesses may not have heard of the European Accessibility Act ("EAA").  If it has slipped under your radar, now is the time to take note because this legislation has a broad reach across many sectors, significant implications for product and services design (as well as documentation) and a looming compliance deadline.  The EAA becomes applicable from 28 June 2025 and aims to ensure that many categories of consumer products and services, particularly digital technologies ranging from payment terminals and smartphones to banking services and online shops, are accessible to all, including people with disabilities. 

COP29: What were the key outcomes?

At the time of our last COP29 update, we were still waiting to hear what the outcomes would be from several key discussion areas, including negotiations relating to the headline climate finance deal. Although it is relatively normal for COPs to overrun, it was not until the Sunday after the official closing that a New Collective Quantified Goal on Climate Finance ("NCQG") was finally unveiled – highlighting the intensity of last-minute discussions and the difficulty in reaching a climate finance figure that would be acceptable to different parties.

Making the change to commonhold

On 21 November 2024, the Minister of State for Housing and Planning, Matthew Pennycook, issued a written statement setting out the Government's plans for leasehold reform during this Parliament.  As well as passing the regulations needed to implement the Leasehold and Freehold Reform Act 2024 (discussed here), new primary legislation to improve that Act, and strengthening the regulation of property agents, he also announced that the Government intends to make commonhold the default tenure for new-build flats by the end of this Parliament and will also engage on the conversion of existing flats to commonhold.

COP29: What's happened so far?

COP29 got underway last week, representing another important event in the global fight against climate change. While it appears that some progress has been made in Baku, including early agreement over standards for a global carbon market, there have also been reports of general dissatisfaction with the pace of decision making – particularly in relation to the set piece negotiations surrounding the 'New Collective Quantified Goal on Climate Finance' ("NCQG"), which is due to be agreed at COP29 (but currently remains elusive).

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