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networking and forum events
There’s no need to feel isolated
if you’re working from home—join one of our virtual
networking or forum events. Even if you aren’t working from home, take
some time to network with your peers, find out what challenges they’re facing and how they are
meeting those challenges.
Financial Action Task Force (FATF) and G20 Anti-Corruption Working Group (ACWG)
held a meeting on 1 April 2021 on improving beneficial ownership transparency.
Subjects discussed included potential amendments to Recommendation 24 on
transparency and beneficial ownership of legal persons and the ACWG’s upcoming Accountability
Report. See: LNB News 08/04/2021 72.
Finance Ministers and the Central Bank of Governors have confirmed their
commitment and support to the FATF’s tackling of ‘all sources, techniques and
channels of money laundering and the financing of terrorism and proliferation’, especially by countering
financial crimes linked to coronavirus (COVID–19). See: LNB News 08/04/2021 82.
Financial Stability Institute of the Bank for International Settlements has
published an Insights piece on supervising cryptoassets for anti-money
laundering. See: LNB News 09/04/2021 38.
Crown Prosecution Service (CPS) has announced the launch of its Economic Crime
Strategy 2025. Partner, Neil Swift, and associate, Eamon McCarthy-Keen, from
Peters & Peters Solicitors LLP, analyse the background and key provisions
of the Strategy and its implications. See News Analysis: Ringing the changes with
the CPS’s Economic Crime Strategy 2025.
has published the European Union Serious and Organised Crime Threat Assessment
(SOCTA 2021), which outlines threats of serious and organised crime facing the
EU. See: LNB News 12/04/2021 21.
and export controls
Council of the EU has concluded its annual review of the EU’s Iran human rights
sanctions regime and has decided to extend its restrictive measures responding
to serious human rights violations until 13 April 2022. Measures include travel
bans, asset freezes and export controls. See: LNB News 14/04/2021 31.
European Parliament’s Committees on Foreign
Affairs and International Trade have will hold a vote on the consent
recommendation for the EU-UK Trade and Cooperation Agreement in an
extraordinary meeting on 15 April 2021. The European Parliament will take its
final decision following the committees’ vote on the consent
recommendation. See: LNB News 14/04/2021 68.
European Scrutiny Committee has published its 41st report of the 2019–21 session as part of its
inquiry on UK parliamentary scrutiny of the Withdrawal Agreement Joint
Committee and application of the Northern Ireland Protocol. The government’s response to the report is
due by 9 June 2021. See: LNB News 09/04/2021 54.
British Exporters Association has published an analysis on the impact of Brexit
on the use of International Commercial Terms. See: LNB News 14/04/2021 55.
published further new/updated guidance for imports, exports and customs to
reflect the Post-Brexit regime. The update covers the period from 6 April 2021
to 12 April 2021. See: LNB News 12/04/2021 35.
Technology and Construction Court gave summary judgment, holding that a clause
in a professional services agreement containing a cap on liability, exclusions
on liability, and a net contribution clause applied even to fundamental,
wilful, or deliberate breaches of contract. Written by Marcus M Birch,
associate director at Bryan Cave Leighton Paisner LLP, London, see News
Analysis: Can an exclusion clause or
liability cap apply to a deliberate or fundamental breach? (Mott MacDonald v
In Score Draw v PNH
International the court held that a restrictive covenant in a shareholders’ agreement is akin to a
restrictive covenant between the seller and buyer of a business and will
benefit from the more liberal approach to enforcement that such agreements
attract. That approach, based on the respect that the courts generally show to
contract terms freely negotiated by commercial parties of more or less equal
bargaining power, permits the protection of a wider range of legitimate
interests than is the case with a restrictive covenant in an employment
relationship, but even so, the restrictive covenant will be struck down if it
goes further than is reasonably necessary to protect the legitimate business interests
of the covenantee. Written by David Fisher, barrister and an associate member
of New Square Chambers, see News Analysis: Enforceability of
restrictive covenants in a shareholders’ agreement and the
assessment of damages for breach (Score Draw v PNH International).
of Appeal held in Wood v Commercial First Business that it was neither
necessary nor desirable to find a fiduciary duty in order to grant civil
remedies for the payment of a bribe or secret commission. All that was required
was to ask whether the recipient of the payment had been under a duty to
provide advice or information on an impartial or disinterested basis. Written
by Charles Joseph, barrister at Tanfield Chambers. See News Analysis: Agency—undisclosed commission—rescission—whether fiduciary relationship required (Wood v Commercial First
Competition and Markets Authority (CMA) has launched an investigation into
MyCityDeal Ltd (Groupon) over concerns regarding misleading pricing practices.
See: LNB News 12/04/2021 19.
has announced that Facebook will take further action to combat fake and
misleading reviews on the social media platforms Facebook and Instagram. See: LNB News 09/04/2021 59.
In Green v Betfred, the court allowed Mr
Green’s application for summary judgment and
ordered Petfre (Gibraltar) Ltd (t/a Betfred) (Betfred) to pay him his winnings
of over £1.7m. The case is a useful example of the enforceability of exclusion
clauses contained in online terms and conditions, and deals with the types of
issue which may prevent a trader from relying on them. Written by Nicole
Bollard, barrister at 3PB Barristers. See News Analysis: Exclusion clauses in
online consumer contracts (Green v Betfred).
Financial Reporting Council has published its strategy, plan and budget
for 2021–2022. See: LNB News 08/04/2021 34.
Resolution analysis: In Arani and others v Cordic Group Ltd  EWHC 829 (Comm), the claimants were
awarded summary judgment on a claim for payment of deferred consideration under
a share purchase agreement held in a retention account. Written by Phillip
Patterson, barrister at Hardwicke. See News Analysis: Summary judgment in
deferred consideration claim despite permission to proceed with fraudulent
breach of warranty counterclaim (Arani v Cordic Group).
European Data Protection Board (EDPB) has announced the outcome of its 48th
plenary session. Key announcements include the adoption of: (i) opinions on the
draft adequacy decisions for the UK under the EU’s General Data Protection
Regulation, Regulation (EU) 2016/679 (EU GDPR) and Directive 2016/680/EU; (ii) guidelines on the
application of Article 65(1)(a) of the EU GDPR; (iii) a final version of the
guidelines on the targeting of social media users; and (iv) a statement on
international agreements including transfers. See: LNB News 15/04/2021 14.
statement on draft adequacy decisions the EDPB indicates that it has identified
many aspects of the UK regimes to be essentially equivalent to the EU. However,
the EDPB also stressed this alignment should be maintained and welcomed the
European Commission’s decision to limit the
proposed adequacy decisions in time and the intention to closely monitor
developments in the UK. See: LNB News 15/04/2021 11.
European Parliament Think Tank has published an in-depth analysis by the
European Parliamentary Research Service on EU-UK private-sector data flows
after Brexit. See: LNB News 12/04/2021 3.
of European Regulators for Electronic Communications (BEREC) has opened
registration for its online workshop on the market entry in the context of the
Digital Markets Act (DMA). The workshop will be held in two sessions and aims
to collect views from stakeholders associations and some key potential
challengers to digital gatekeepers on the issue of contestability. BEREC
encourages stakeholders and interested parties to register for the workshop
which will take place on 28 April 2021. See: LNB News 09/04/2021 33.
European Consumer Organisation (BEUC) has published position papers regarding
the proposed DMA and Digital Services Act (DSA), welcoming both proposals as ‘significant steps forward
for consumers’. The papers contain a number of proposals
for improvement. See: LNB News 13/04/2021 55.
Supreme Court’s judgment in the long-running litigation Asda Stores v Brierley and
others  UKSC 10, provides definitive
guidance on the proper operation of the statutory ‘common terms’ requirement which applies
in equal pay claims where the chosen comparator works at a different
establishment from the claimant. See News Analysis: Equal pay: Supreme Court
guidance on ‘common terms’ where comparator is at different establishment (Asda Stores v
Brierley and others).
decision of the CJEU in King v Sash Window Workshop (allowing holiday which
could not be taken for a reason beyond the worker’s control to be carried
forward for the purpose of a holiday pay claim) does not have the effect of
allowing holiday which was taken, but was not paid for, to be carried forward
in the same way. A claim for pay in respect of holiday that has been taken but
was unpaid must be brought within three months of the date on which the payment
should have been made under (a) regulation 30 of the Working Time Regulations
1998, SI 1998/1833, or (b) section 23 of the Employment Rights
Act 1996, according to the EAT in Smith v Pimlico Plumbers (UKEAT/0211/19/DA). See News Analysis: Holiday taken but unpaid
cannot be carried forward for holiday pay claim (Smith v Pimlico Plumbers).
Cabinet Office has updated its coronavirus guidance in line with the latest
government recommendations, which include getting a test as well as following
the stay at home guidance if coronavirus symptoms are experienced. The revised
guidance states that there should be a continuation of working from home if
possible. Affected guidance documents include: Closing certain businesses
and venues in England and Reopening businesses and
venues in England. See: LNB News 12/04/2021 12.
updated its Coronavirus Job Retention Scheme (CJRS) guidance to include information
on employee reference dates, the new maximum wage rates and claim dates. See: LNB News 09/04/2021 32.
Pensions Regulator has made minor changes to its guidance ‘Automatic enrolment and DC
pension contributions: COVID-19 guidance for employers’, mainly to reflect the
extension of the CJRS to 30 September 2021, and update the other type of
government support schemes available as announced in March 2021. See: LNB News 12/04/2021 4.
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