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On 14 February 2022 Dr Liza Lovdhal Gormsen, the proposed class representative ("PCR"), filed her application to bring collective proceedings against Meta, alleging that Facebook abused its dominant position by making its users' access to the social media platform contingent on their provision of personal data, which Facebook then aggregated and profited from through advertising revenues.
Travers Smith's Head of Asset Management, Emily Clark and Tax Knowledge Counsel, Ian Zeider have written an article in a recent edition of Tax Journal, discussing the government consultation on the VAT treatment of fund management services.
The EU's Directive on Corporate Sustainability Reporting ("CSRD") was published in its final form in mid December 2022, giving organisations in its scope certainty about when the significantly expanded reporting requirements will apply to them.
Since the introduction of the Corporate Insolvency and Governance Act 2020 (CIGA) and the creation of the new Part 26A restructuring plan procedure, questions have been raised about whether the cost of using such a procedure would restrict its use to larger, better capitalised companies.
Key case on arbitration law and the separability principle.
The Government issued a consultation in December 2022 about its proposed changes to the NPPF. These represent the first set of changes to the NPPF that the Government intends to make in order to reflect its levelling-up agenda, and will be followed by a wider review once it has implemented its proposals for wider changes to the planning system, including the Levelling-up and Regeneration Bill.
In the recent case of Samuel and Helen Moore (t/a Moore Farms) v HMRC [2022] UKFTT 411 (TC), the First-Tier Tribunal had to consider whether to permit a late appeal against an HMRC decision after a later court judgment in a different case strongly indicated that that HMRC decision had been incorrect.
A regular briefing for the alternative asset management industry.
Welcome to the fifth episode in our Spotlight on ESG video series.
A majority of the Supreme Court recently held that an insolvent company does not suffer any recoverable loss if payments are made from its bank accounts that discharge a debt owed by that company. This decision adds to the growing case law on the Quincecare duty.
In the first of 3 briefings looking into the range of tenures available for use in developing new retirement accommodation schemes, this piece discusses the report published this month by the All-Party Parliamentary Group on Housing and Care for Older People called: ‘Making retirement living affordable: the role of shared ownership housing'. The report results from an enquiry set up by the group in December 2021, supported by a panel of 6 independent members from both the profit and not-for-profit housing sectors, to investigate whether the shared ownership model could help make high-quality retirement housing in England accessible to a much larger market than the other main options of purchasing properties outright or renting from a social housing provider.
Improving cybersecurity for essential services and infrastructure is high on the agenda for the UK's and the EU's legislators, in response to the ever-evolving threat landscape. The UK's and the EU's respective network and information systems or NIS regimes, while both to be strengthened (including by bringing managed service providers into scope), look to be diverging.
Key employment and business immigration developments for employers.
A regular briefing for the alternative asset management industry.
The Court of Justice of the European Union ("CJEU") has ruled that Amazon could be held liable for trade mark infringement in relation to advertisements for 'fake' Christian Louboutin shoes placed on its website by a third party.
Landlords, operators and managers of buildings in England that contain 2 or more residential units which share communal spaces will be impacted by the Fire Safety (England) Regulations 2022 (the "Regulations") that come into effect on 23 January 2023. They are laid under the Regulatory Reform (Fire Safety) Order 2005 ("Fire Safety Order"), and implement the majority of the recommendations set out in the Grenfell Tower Inquiry Phase 1 report.
In our Dispute Resolution 2022 Yearbook, we discussed the recent trend whereby minority shareholders rely on claims for breaches of a duty of good faith as the basis for an unfair prejudice petition. In this case, in the context of such a petition, the Court of Appeal construed an express duty of good faith in a shareholders' agreement, and provided some guidance as to the approach to interpreting such clauses.
To improve is to change; to be perfect is to change often.