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Is it reasonable for care home operators to charge new residents an administration fee on admission, separate from the costs of care or accommodation? Do fees of this sort merely compensate care home operators for the internal costs incurred in managing the personalised admission of a new resident, or are they unfair charges which take advantage of the stress and complexities of arranging residential care?
In the latest decision in the very long-running Jalla v Shell litigation, the Court of Appeal has upheld the TCC's decision to refuse the claimants a further extension of time for serving "date of damage" pleadings ("DODPs") and supporting evidence for limitation purposes.
The legislative protection for debtors against landlord action introduced during the COVID-19 pandemic is being unwound. As outlined in our previous briefing note on 20 September 2021, unlike other creditors, landlords currently remain restricted from presenting winding-up petitions in relation to amounts due under commercial leases or from exercising their forfeiture rights.
As part of the government's review of the UK's fund regime, and its wider efforts to enhance the UK's attractiveness to asset managers and investment funds, a number of changes are to be made to the UK's REIT regime with effect from 1 April 2022. Further changes to the REIT rules are likely to follow further down the line as the review progresses.
A regular briefing for the alternative asset management industry.
It is fair to say that the highly anticipated judgment of the Supreme Court in Lloyd v Google[1] which arrived on 10 November, was not the huge game-changer (for both litigators and funders, and data controllers) that some had predicted. The Court unanimously allowed Google's appeal, restoring the order made by the first instance judge that the representative action should not proceed.
On 15 November 2021, P.R.I.M.E. Finance launched its updated Arbitration Rules, which come into effect on 1 January 2022 (the "2022 Rules"). A copy of the new 2022 Rules may be found here.
Travers Smith has written the UK chapters of the Practical Law and Chambers global outsourcing guides. The chapters cover the latest legal information and many of the key issues to consider on UK outsourcing.
Welcome to the fourth in our series of podcasts focusing on international employment law.
The Government has laid regulations to restrict individuals' statutory transfer rights in specified circumstances, with the aim of helping trustees to stop scam transfers.
The legislation has effect in relation to applications for DB transfer value statements of entitlement or DC transfer requests made on or after 30 November 2021. Trustees who make statutory transfers need to ensure that their transfer processes and communications are aligned with the legislation.
There is significant disagreement between the UK and the EU over the Northern Ireland protocol, with much speculation that the UK will shortly seek to introduce "safeguard measures". Meanwhile, it has been suggested that the EU could respond to such a move by terminating the UK-EU Brexit trade deal (or at least threatening to do so). We explain below why the EU may be considering what some might see as a "nuclear" option – but as we also point out, even if the UK and the EU manage to settle their differences, changes scheduled for 1 January 2022 mean that there is a risk of trade disruption in any event over the coming months.
Key employment and business immigration developments for employers.
Briefing updated on 16 November 2021
The FCA has issued a discussion paper seeking views on proposed new sustainability disclosure requirements and a sustainability labelling system.
COP26 has so far consistently delivered important "side deals" and the fourth day of the summit was no exception. On Thursday, when the focus was on the energy transition, more than 40 countries agreed to move away from coal-fired energy over the next two decades.
A regular briefing for the alternative asset management industry.
In Kabab-Ji SAL (Lebanon) v Kout Food Group (Kuwait), the Supreme Court ("UKSC") has provided further confirmation of the approach to determining the law that will govern an arbitration agreement.
Sunday 31 October 2021 marked the official start of the 26th UN Climate Change Conference of the Parties (COP26). World leaders, climate negotiators, members of the press and media, and representatives of observer organisations descended on Glasgow to join an event which many believe to be the world’s best last chance to get runaway climate change under control.
On Wednesday morning the Chancellor of the UK, Rishi Sunak, reiterated at the start of COP26's Finance Day the UK's plan to become the "first ever net zero aligned financial centre".