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2018 Results

EU proposal on Critical Raw Materials

On 16 March 2023, the EU Commission announced plans for the "Critical Raw Materials Act" (the "CRMA"): a "comprehensive set of actions" designed to ensure long-term access in the EU to a secure and sustainable supply of critical raw materials. The proposal forms part of the Green Deal Industrial Plan, adopted in February 2023, which aims to create a regulatory environment which supports the net-zero transition.

Unfazed by Phase 2: the Panel provides guidance to avoid a 'naked' CMA Phase 2 process

On 27 October 2023, the Takeover Panel released an amended version of its Practice Statement 5 ("PS5") on invocation of conditions to takeover offers.

Practice Statement 5 now provides guidance on how bidders can both retain a "No Phase 2"  condition, yet still have the protection of a materiality condition if the parties choose/are forced to proceed to a Phase 2 review.

Private Equity International: Sharpening impact's blurred edges

Funds Partner Jeremy Elmore and Financial Services & Markets Senior Consultant Simon Witney have featured in the latest edition of Private Equity International's Impact Investing Report. In this keynote interview, Jeremy and Simon discuss how greater clarity, precision and standardisation can help the impact investing market reach its full potential.

The Supreme Court provides welcome clarity for insolvency practitioners in relation to personal liability for failure to comply with redundancy notification requirements

The Supreme Court has provided welcome clarity for insolvency practitioners in confirming that administrators of a company appointed pursuant to the Insolvency Act 1986 ("IA 1986") will not be criminally liable for a failure by the company to comply with redundancy notification requirements.

Sanctions Autumn Update: Court of Appeal ownership and control commentary and OFSI first use of public disclosure power

This update provides a brief summary of some notable recent developments in the UK sanctions world, including interesting commentary from the Court of Appeal on a potentially wide interpretation of the "ownership and control" test, which was rapidly followed by a statement from the Government suggesting such an interpretation should be limited, and the Office of Financial Sanctions Implementation's ("OFSI") first use of its public disclosure enforcement power.

EE v Virgin Mobile: reciprocal liability clause prevents damages claim for breach of exclusivity

Many commercial contracts contain blanket exclusions of loss of profits – and sometimes the parties also agree that such clauses will be mutual (so both supplier and customer benefit from the same exclusion). But a recent dispute between EE and Virgin Mobile highlights the significant impact such provisions can have on a party's remedies for breach – especially where the clause is reciprocal. The judgment also contains some important lessons about exclusivity obligations.

UK CMA Green Agreements Guidance

The UK CMA has now (12 October) published its keenly awaited Green Agreements Guidance, explaining how collaborations between competitors to promote environmental sustainability will be treated under domestic competition laws prohibiting anticompetitive agreements. 

The UK-US Data Bridge – a new way forward for transatlantic data transfers

There's a new way for UK businesses to transfer personal data compliantly to the US. A newly established data bridge, an extension to the EU-US Data Privacy Framework (DPF) adopted in July 2023, enables organisations in the UK to transfer personal data to organisations in the US that have certified to the DPF, without putting in place further safeguards, such as standard contractual clauses (SCCs), or carrying out a transfer risk assessment.

Hope Capital Limited v Alexander Reece Thomson LLP – a breach of duty with no actionable loss

A recent decision by Constable J of the High Court in a negligence claim has examined the scope of a valuer's duty of care. Applying the scope of duty test handed down by the Supreme Court in MBS v Grant Thornton UK LLP, Constable J has ruled that the purpose of the Defendant's valuation in this case, although critically important, was not to provide the only "green light" needed for a loan transaction to proceed.

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