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UK Government confirms significant Competition law reform: but when will the bark be followed by bite?

Following lengthy debate, the Government has published details of the way in which it will reform the UK competition law landscape. However, with many aspects requiring legislative change, it is as yet unclear when these will be given teeth. Our briefing discusses the key changes to the merger, markets and competition law regimes. We will comment separately on the overhaul of the consumer law regime.

Russia and Ukraine - issues for pension scheme trustees

The Russian invasion of Ukraine presents issues for pension scheme trustees to consider. Alongside clear implications regarding investments and the need to comply with sanctions, these may include questions about covenant, funding, cyber security and scam risks.

This briefing addresses the issues most likely to arise, some of which are also noted by the Pensions Regulator in its guidance.

Court of Appeal confirms scope of banks' duty to take reasonable care to protect their customers from fraud: Philipp v Barclays Bank UK PLC & Anor [2022] EWCA Civ 318

The Court of Appeal's recent decision sheds significant light on banks' liability for failing to exercise reasonable skill and care in executing the instructions of their customers. Reversing the ruling of the High Court, the Court of Appeal made clear that the "Quincecare duty" arises not only when it is the customer's agent who fraudulently instructs the bank to transfer the customer's money, but can also arise when the customer themselves, as the victim of a fraud, instructs the bank to do so. The Court of Appeal overturned the summary judgment in the bank's favour, and remitted the case to the High Court for trial. The question of what measures the bank should have had in place to prevent a fraud of this kind can only be determined at trial.

LMA guidance on application of Sustainability Linked Loan Principles to real estate finance

With real estate finance (REF) and real estate development finance markets increasingly looking to integrate sustainability within their financing offerings, the Loan Market Association has published a guide on the application of the Sustainability Linked Loan Principles (SLLP) to real estate finance (REF) and real estate development finance transactions.

Sugar wars: what do they mean for the UK's post-Brexit state aid and tariff regimes?

The High Court has recently rejected an attempt by British Sugar to challenge aspects of the UK's post-Brexit sugar tariffs on the basis that they amounted to an illegal subsidy to its competitor, Tate & Lyle. In this briefing, we look at the wider implications of the ruling for the UK's post-Brexit state aid and tariff regimes.

Spring Statement 2022: Key Tax Announcements

The Chancellor delivered his Spring Statement on 23 March 2022. Mr Sunak attempted to strike the difficult balance between delivering measures which will ameliorate the current cost of living crisis at a time when economic uncertainty and increased security spending as a result of the war in Ukraine is adversely affecting the public purse.

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