Our latest round-up of Dentons' recent articles on topics that affect UK construction businesses.
For further information on the topics below, please contact one of the team listed under "Key Contacts".
Modern Slavery
Justice for modern slavery victims
Amanda Jones and Mark Hamilton review two breakthrough modern slavery cases. In the first, a British company was ordered to pay compensation to six Lithuanian workers who had been trafficked to the UK and severely exploited. In the other, the Cardiff Crown Court sentenced four men to imprisonment for modern slavery, assault and kidnap offences.
Modern slavery law affects your company too
The Independent Review of the Modern Slavery Act 2015 was established to review how the Act is working in practice and to consider improvements. Its second interim report focused on section 54 which requires UK businesses with a turnover of more than £36 million to report annually on their efforts to tackle slavery in their supply chains. Akin Akinbode and Tracey Summerell consider the report's recommendations and suggest that all companies have a role to play in eliminating modern slavery – not only those to whom the Act's reporting requirements apply.
Since publication of this article in Building Magazine on 1 February 2019, the Independent Review has published its final report to which the government responded on 9 July 2019 here: response to The Independent Review of the Modern Slavery Act.
Employment
In the last few months, our UK Employment team has published a variety of articles of interest to HR teams and business owners/directors alike. Links to a selection of those articles are listed below. See the Employment hub for more: http://www.ukemploymenthub.com/.
- Supreme Court grants Morrisons permission to appeal employee data breach
- When does an employee’s entitlement to long-term disability benefits cease?
- High Court finds that directors can be liable for breach of employment contract
- “Anything is better than lies and deceit!”
- New report highlights the impact of menopause on working women
- Proposal to make redundancy for expectant and new mothers redundant
- Manifesting one’s beliefs vs inappropriately proselytising them – where is the line?
- Court of Appeal rules that employers can enhance maternity pay without offering enhanced shared parental pay
- Update – Employer NICs on Termination Awards
- HMRC issues guidance on preparing for changes to off-payroll working in the private sector (IR35)
- Low Pay Commission – minimum wage underpayment on the rise
- Recent ECJ Judgement on daily working time’s measurement – an overview on the current situation in Europe
Environment
Is civil society overreaching environmental regulation?
Civil society reacts at high speed to the changing world and is increasingly driving the environmental policy agenda. Laura Mackett discusses the impact of civil society on the waste and resources sector, exploring key trends across a wide range of areas from packaging and food waste to NGO action, financial reporting, climate change litigation, modern slavery, micro-plastics, marine ecosystems and human health.
Immigration
The EU Settlement Scheme and Non-EU immigration – the latest
EU, EEA or Swiss citizens and their family members can now apply, at no cost, to the EU Settlement Scheme to continue living in the UK after free movement ends. Jessica Pattinson explains the process.
You might also be interested in:
- Brexit and Citizens' Rights: Guide for UK-based EU nationals; and
- Jessica's article on the government's white paper setting out proposals for a future immigration system: Control of our borders: the 2021 vision.
Planning
Our UK Planning team has published a variety of articles on planning issues and news. We list links to some of them below. For more, see the UK Planning Law Blog: http://www.planninglawblog.com/.
- The "Self-build" series
- The Rosewell Review (the Independent Review of Planning Appeal Inquiries)
- Call In Blitz Offers Black Hole for London Delivery
- Planning for an ageing population and New planning guidance for housing for older and disabled people
- Residential first for Neighbourhood Development Orders
- Assets of Community Value – no horseplay, for now
- Real estate and public procurement
- New new towns
Real Estate
The current status of electronic signatures for real estate transactions
While examples of electronic signatures occur all the time in everyday life (for example, when you "sign" a handheld touch screen to confirm receipt of your delivery), we rarely (if at all) see electronic signatures used in real estate transactions. This article explores why.
Register of Beneficial Owners of Overseas Entities coming your way in 2021
Jonathan Cantor considers the House of Commons and House of Lords Joint Committee's recommendations on the draft Registration of Overseas Entities Bill.
Real estate and public procurement
Mark Bassett considers some important developments concerning the interface between public procurement law and property law, as explored in Faraday Development Ltd v. West Berkshire Council [2018].
Leasehold reform – three commonly asked questions
The government's proposals for reforming residential leasehold law present one of the biggest legal changes ahead for English real estate. Emma Broad reviews a few of the key proposals that stand out.
When can a guarantor guarantee an AGA?
Our Real Estate team reviews the High Court decision in Co-Operative Group Food Ltd v. A&A Shah Properties Ltd [2019] EWHC 941 (Ch). The court considered how a guarantor can validly guarantee an outgoing tenant's obligations in an authorised guarantee agreement (AGA) without falling foul of the Landlord and Tenant (Covenants) Act 1995 (the Act).
Energy
Unlocking Poland’s offshore potential
Michał Motylewski reviews the many positive changes in this area, including the European Commission's state aid decision, the Polish government's amendments to the key framework regulation on renewable energy sources and Polish energy minister's draft Energy Policy of Poland 2040.
Germany and the European Union expand scrutiny of foreign investment – considerations for the energy sector
Andreas Haak and colleagues review the significant regulatory changes to foreign direct investment screening and highlight the considerations for those involved in transactions in the energy sector.
Investing in renewable energy projects in Europe
The 2019 edition of Dentons Guide "Investing in renewable energy projects in Europe" provides snapshots of the industry across 20 jurisdictions in Europe and Central Asia. (Produced in cooperation with RECHARGE, the global source for renewable energy news and intelligence.)
Ongoing reforms in Uzbekistan’s energy sector
As Uzbekistan continues to undertake measures to enhance the legal and institutional framework of the country’s energy sector, Bobur Shamsiev and Eldor Mannopov summarise the key points of the Resolution “On strategy for further development and reform of the electric energy sector of the Republic of Uzbekistan” signed on 27 March 2019.
Corporate
The spring 2019 edition of Dentons' UK Corporate Briefing summarises the most significant recent and forthcoming developments in company law and corporate finance regulation in the UK:
- Directors' remuneration reporting: new rules for certain publicly traded companies
- New EU framework for screening foreign direct investment
- Can a company reclassify an unlawful dividend payment?
- Directors' duty to consider the interest of creditors and transactions at an undervalue
- Powers of attorney: decision highlights importance of proper execution and scoping
- Takeover Code: new rules on asset valuations
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The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
