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Victorygame v Ahuja: Court of Appeal confirms that deception as to the purpose of a communication is not enough to defeat a well-founded claim to legal professional privilege

On 5 July 2021, the Court of Appeal handed down its judgment in Victorygame Limited, Surjit Singh Pandher v Ahuja Investments Limited [2021] EWCA Civ 993 concerning whether a party can maintain litigation privilege over information, in circumstances where it has misled the party providing that information as to the purpose for which it is required.

Code red: IPCC delivers its 'last chance' report on climate change

On 9 August 2021, Working Group I of the UN's Intergovernmental Panel on Climate Change  ("IPCC") presented its report on the physical science basis of climate change (the "Report"), the first of three parts that will together form the IPCC's Sixth Assessment Report ("AR6"), due to be released in full in spring 2022.

ESG: from policies to practice, Pensions and Lifetime Savings Association (PLSA) ESG Conference 2021

In this session from the PLSA's inaugural ESG Conference (July 2021), Pensions Partner Andy Lewis, Partner and Head of Financial Services and Markets Tim Lewis and Senior Consultant Simon Witney discuss key questions that can arise for pension schemes looking develop their ESG policies and beliefs and translate these into practical action. How can schemes fit these specific regulations into the bigger picture of their overall duties and operations without getting lost in the detail?

High Court declines to strike out "value chain" negligence claim

The recent judgment of the High Court in Josiya & Ors v British American Tobacco PLC & Ors [2021] EWHC 1743 (QB) is the latest in a series of cases in which the English Courts have refused to strike out novel claims against UK companies in respect of alleged unethical conduct in their overseas business operations.

Live facial recognition technology in the real estate sector

Facial recognition technology relies on the process of identifying or verifying a person's identity using their facial features. Software known as facial verification can be used to establish someone’s identity, for instance as a way to unlock electronic devices and to help with passport checks at airports.

The Building Safety Levy Consultation

This consultation is on the second "tax measure" announced by the Treasury ("HMT") in the March Budget – a new Gateway 2 Levy on high rise residential developments during the pre-construction stage. This is part of a package of measures intended to help pay for the remediation of certain buildings impacted by the cladding crisis, following the Grenfell Tower tragedy (the "Building Safety Levy").

Joint venture agreements: an unfair share of the spoils?

In a dispute between two partners to a joint venture (JV) agreement, the Court of Appeal ruled that despite not having performed all of its obligations under the agreement, a JV partner was still entitled to its share of the profits. What lessons does this hold for businesses when drafting and negotiating JV agreements, particularly where the JV partners are acting both as investors and suppliers to the JV?

Delegated acts integrating sustainability into EU AIFMD, EU UCITS and EU MiFID now published

On 2 August 2021 various amending measures were published in the EU Official Journal which will require EU Alternative Investment Fund Managers, EU UCITS management companies and EU MiFID investment firms (including portfolio managers and adviser/arrangers) to integrate sustainability risks and factors into their policies and procedures.

COP15 in the spotlight

While in recent months the approaching COP26 has been occupying the bulk of government and media attention, the 15th meeting of the UN Conference of the Parties ("COP15") to the Convention on Biological Diversity ("CBD") is also due to take place in 2021, which is seen by many as being just as critical to the future of the planet.

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