<p>Filter Knowledge</p>

The European Commission has proposed changes to the AIFMD, UCITS Directive and the ELTIF regime in its long-awaited overhaul of the EU funds regimes. 

On 3 October 2021, the UK Competition & Markets Authority ('CMA') published its recommendation to the Secretary of State for Business, Energy and Industrial Strategy as to whether the existing Vertical Agreements Block Exemption Regulation ('VABER'), both in force in the EU and retained from EU law following Brexit, should be renewed or varied in the UK. The retained VABER will expire on 31 May 2022 so, without a renewal or variation, an automatic exemption regime for vertical agreements would cease to apply in the UK.

Discrimination by association occurs where an employee is discriminated against, not because of a protected characteristic they have, but because of a characteristic of someone they associate with, for example a disabled spouse or child. This case shows how far the protection can potentially extend.

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.