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In this briefing we look at 12 of the changes to law and practice that are likely to impact on the real estate sector in 2022.

The Alpha and Omega of Regulation (via Omicron)?

Having said goodbye to another year of headlines dominated by COVID-19, with a Christmas and New Year overshadowed by a mixture of good and bad news about Omicron, it's not yet clear what degree of optimism about the year ahead is justified. At the very least, it is to be hoped that the World Health Organisation will not find it has to exhaust the Greek alphabet in naming any future new variants of concern.

The recent judgment of the High Court in London Trocadero (2015) LLP v Picturehouse Cinemas Limited [2021] EWHC 3103 (Ch) provides an interesting insight into judicial treatment of defective Part 36 offers, the question of when Part 36 offers will be considered genuine offers to settle, and the other factors considered by the court in determining when it would be unjust to apply the full cost consequences prescribed by CPR r. 36.17.

On 17 December 2021, the FCA published two policy statements confirming final rules and guidance to promote improved climate-related financial disclosures. Such measures are aimed at helping to inform market pricing and support business decision-making, with the ultimate goal of assisting consumers in making more informed investment decisions.

Convoy Collateral, a Hong Kong company, brought proceedings in Hong Kong against Dr Cho, a Hong Kong resident, for various breaches of fiduciary duties.

On the 3 December 2021, the UK began a consultation on the prohibition of the use of "forest risk commodities" produced on land illegally occupied or used (the "Consultation").

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A guide to future employment and immigration law.

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The UK Government has been consulting on wide-ranging proposals to reform competition and consumer law. In this briefing, we consider the proposed reforms to consumer law and ask whether their impact on consumer-facing businesses will be comparable to that of the GDPR.

On 24 November 2021, the Court of Appeal provided a clear reminder of the limited bounds within which the English Courts will make an order for third party disclosure pursuant to a Norwich Pharmacal application.

Derivatives & Structured Products Partner, Jonathan Gilmour, and Pensions Partner, Andy Lewis, have jointly contributed to the recently published International Comparative Legal Guide on Environmental, Social & Governance Law 2022. Their chapter outlines the key aspects of ESG law for occupational pension schemes and argue for a wider governance perspective, as well as a pure investment perspective, when approaching ESG.

The government has tabled amendments to the draft legislation contained in the Finance Bill introducing the new QAHC regime. The regime, which is due to come into force from 1 April 2022, confers wide-ranging tax benefits on QAHCs.

In this article, we consider the recent decision in Griffiths v TUI [2021] EWCA Civ 1442, a holiday sickness claim, in which the Court of Appeal had to consider the correct judicial approach to expert evidence that was uncontroverted and unchallenged.

Last month, the High Court handed down judgment in Various Airfinance Leasing Companies v Saudi Arabian Airlines Corporation^[1] declining an application that would have required the defendant airline to disclose relevant documents held on the mobile phones of two of its senior personnel.

The High Court decision in London Trocadero (2015) LP v Picturehouse Cinemas Ltd [2021] EWHC 2591 (Ch) represents the latest in a growing line of cases arising out of the Covid-19 pandemic in which the courts have refused to be swayed from established legal principles to accommodate difficulties faced by contractual counterparties, and commercial tenants in particular. Here, the court refused to imply a term into two leases excusing the tenants from the payment of rent and service charges, or accept that there had been a failure of basis, in circumstances where it had at various points during the pandemic been either illegal or unviable for the tenants to use the leased premises.

There is an approaching deadline (7 January 2022) for trustees again to self-certify their compliance with the Competition and Markets Authority (CMA) Order regarding investment consultants' objectives and tenders for fiduciary management services.

In a consequential matters judgment handed down on 19 October 2021, the High Court ruled on the correct interpretation of the liability cap in the share sale agreement ("SSA") and the cost consequences of the Part 36 offer.