United Kingdom

News & Analysis as of

The Supreme Court reinforces the SAAMCo Principle

The Supreme Court in BPE Solicitors v. Hughes-Holland [2017] UKSC 21 (also known as Gabriel v. Little) has considered for the first time, and reinforced, the principles set out in the landmark professional negligence case of...more

Brexometer Survey - March 2017

The UK Government has set out a bold vision for a post-Brexit world: The UK as a global pivot; a strategic partnership with the EU; an enduring and perhaps an even more “special” relationship with the U.S. Please see...more

FCA releases new thematic review entitled ‘Early Arrears Management in Unsecured Lending’

The FCA has released a new report into how firms are treating customers who fall into arrears, focusing in particular on how firms are interacting with customers and examining the different forbearance options that are being...more

Defamation and Data Protection: A Twin-Barrelled Approach to Claims Against Publishers

In the recent case of Prince Moulay Hicham v Elaph Publishing Limited, the Court of Appeal held in a unanimous decision that a claimant could include an action under the UK Data Protection Act 1998 (‘DPA’) as an alternative...more

Asymmetric jurisdiction clauses protected by Brussels Recast anti-torpedo rules

In a helpful decision for financial institutions, the High Court has held in Commerzbank Aktiengesellschaft v Liquimar Tankers Management Inc [2017] EWHC 161 (Comm) that an asymmetric (or ‘hybrid’) jurisdiction clause is...more

Employment Law Briefing

LIKELY BREXIT IMPACT - Potentially, the biggest driver for change to UK employment law over the next few years could be Brexit. This is because a significant portion of UK employment law is derived from EU directives....more

What Are the New Changes to the U.K. Immigration Rules?

The U.K. Government made a Statement of Changes to the Immigration Rules on 16 March 2017 and issued an Explanatory Note shortly afterward. The changes are due to take effect from 6 April 2017 and those applying to Tier 2 of...more

Countdown to Brexit: How Businesses Can Prepare

In the coming days, the U.K. government is expected to formally notify the European Council of its intention to withdraw from the European Union under Article 50 of the Treaty on European Union. Formal notification will start...more

Disclaimers: Paper Shield or Your Best Protection?

The UK Court of Appeal recently considered the liability of issuers to secondary market investors under the Misrepresentation Act 1967 (the “1967 Act”) in the case of Taberna Europe CDO II Plc v Selskabet (formerly Roskilde...more

Mandatory vs. Permissive Arbitration Clauses: A Survey of the Laws of Other Common Law Countries

In an earlier post we provided advice on how to interpret the words “may” and “must” when they appear in arbitration clauses that are to be interpreted under U.S. law. Among other things, we explained that an arbitration...more

Making regulation invisible: Using RegTech to embed rules into workflow

Financial institutions are increasingly no stranger to innovative technology as a way to boost their efficiency while cutting costs. The use of RegTech (defined by the UK Chief Scientific Adviser as technology "applied to...more

March 2017 UK Immigration Update

Changes to the immigration rules fulfill the Migration Advisory Committee’s previous recommendations. On March 16, the UK government announced changes to the UK’s immigration rules, implementing the final phase of...more

What you need to know before Brexit gets underway this week

This Wednesday, the UK embarks on a journey not previously taken by any other EU Member State. The process for withdrawing from the EU, which will get officially underway following the UK's formal notification to the European...more

Employment Status Checker

HMRC has published an employment status checker so that employers can check whether the IR35 legislation on intermediaries and ‘disguised employees’ will apply to a particular engagement. The tool determines if, on the basis...more

Tier 2 Immigration Skills Charge – another fee to pay

As part of the government plans to reduce Britain’s reliance on migrant workers, from 6 April 2017 employers may have to pay an immigration skills charge of £1,000 per employee. The skills charge will apply to a sponsor...more

The importance of aggregation clauses in professional clauses in professional indemnity insurance policies

UK Supreme Court clarifies effect of aggregation wording: AIG Europe Limited v Woodman - In a long awaited judgment, which will affect all organisations with professional indemnity insurance, the Supreme Court has...more

HMRC publishes responses to the consultation on Partnership taxation

The result of the HM Revenue & Custom's consultation on UK partnership taxation was released on 20 March, this is important for both fund partnerships and fund managers structured as LLPs which file UK tax returns. Although...more

Payment Practices and Performance Reporting - New UK rules aimed at tackling late payment of suppliers and vendors will require...

Under Section 3 of the Small Business, Enterprise and Employment Act 2015 (SBEEA 2015), the Secretary of State has the power, by regulations, to require certain companies to publish information about their payment practices...more

How will the Senior Managers and Certification Regime affect Consumer Credit firms

Background - In late 2015 the FCA announced that it was to abolish the Approved Persons regime and extend the Senior Managers and Certification Regime (SM&CR) currently in place for banks, building societies, credit...more

Cyber risk: practical actions to improve data security

Cybersecurity is a topical issue for pension schemes, and an increasingly important regulatory risk. Not only does the Pensions Regulator believe that trustees should be taking action to mitigate cyber risks, but there is...more

Cheerio! Influence on the U.S. Gig Economy from Across the Pond?

Many point to the Brexit movement as a sign that Donald Trump’s White House victory should have not been a surprise. Will a potential movement afoot in the United Kingdom be a precursor of things to come in the gig economy...more

The Impending Launch of the Unified Patent Court

In a fundamental change to how European patents are going to be litigated in Europe, the United Patent Court (UPC) will soon have exclusive jurisdiction over European patent disputes and will be able to issue remedies that...more

Uncertain Times Call for Cool Heads

We live in changing times. In 2016, both the election of President Donald Trump and the Brexit vote caught many off guard. Already there’s nothing concrete about 2017 and looking even further ahead is fraught with...more

The Treasury Committee inquiry into EU insurance regulation – what have we learned so far?

To supplement its work on the relationship that the UK might seek to have with the EU following Brexit, the Treasury Committee of the House of Commons established in September 2016 an inquiry into EU insurance...more

Equity Incentives Update - Spring 2017

Welcome to issue 1 of our Equity Incentives Update, dedicated to keeping companies informed about legal and regulatory developments affecting share-based incentives. In this issue we cover... Please see full...more

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Cybersecurity

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