Rely on the most comprehensive, up-to-date legal content designed and curated by lawyers for lawyers
Work faster and smarter to improve your drafting productivity without increasing risk
Accelerate the creation and use of high quality and trusted legal documents and forms
Streamline how you manage your legal business with proven tools and processes
Manage risk and compliance in your organisation to reduce your risk profile
Stay up to date and informed with insights from our trusted experts, news and information sources
Access the best content in the industry, effortlessly — confident that your news is trustworthy and up to date.
Find up-to-date guidance on points of law and then easily pull up sources to support your advice with Lexis PSL
Check out our straightforward definitions of common legal terms.
Our trusted tax intelligence solutions, highly-regarded exam training and education materials help guide and tutor Tax professionals
Access our unrivalled global news content, business information and analytics solutions
Insurance, risk and compliance intelligence using big data, proprietary linking and advanced analytics.
A leading provider of software platforms for professional services firms
In-depth analysis, commentary and practical information to help you protect your business
LexisNexis Blogs shed light on topics affecting the legal profession and the issues you're facing
Legal professionals trust us to help navigate change. Find out how we help ensure they exceed expectations
Lex Chat is a LexisNexis current affairs podcast sharing insights on topics for the legal profession
Discuss the latest legal developments, ask questions, and share best practice with other LexisPSL subscribers
Risk & Compliance
Information Law & TMT
LexTalk®In-house: a Lexis®PSL community
Crafty Counsel videos available in Lexis®PSL
has entered into a content sharing partnership with Crafty Counsel, the market-leading
provider of video guidance for in-house lawyers.
selection of Crafty Counsel videos are now available within Lexis®PSL—you can find them in the ‘Training for you and your
team’ topic within Lexis®PSL In-house Advisor and they are also
available alongside practical guidance and tools in related Lexis®PSL subtopic
areas. For quick reference, Practice Note: Crafty Counsel videos in
Lexis®PSL In-house Advisor contains a consolidated list of all the
Virtual 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.
Risk & Compliance forecast
Risk & Compliance forecast (as at 18 May 2021) is now live. This month, we
report on issues including (1) the government’s progress report on its economic
crime plan; (2) a call for views on supply chain cybersecurity; (3) the ICO’s data sharing code of
practice; and (4) whistleblowing. You can rest assured we're tracking
forthcoming regulatory changes so you can plan ahead. See Practice Note: Risk & Compliance
forecast as at 18 May 2021.
The US Biden administration has taken a major step toward curtailing a growing
scourge of cyberattacks with a new executive order that not only imposes
heightened cybersecurity requirements on the federal government and its
contractors but also sets a strong example that's likely to rub off on private
companies. See News Analysis: Biden’s cybersecurity order likely to reach beyond US Government.
Department for Digital, Culture, Media & Sport (DCMS) has announced a call
for views on supply chain cybersecurity and wishes to obtain industry input on
how organisations manage supply chain cyber risk. The call for views will close
at 23:59 on Sunday 11 July 2021. See: LNB News 17/05/2021 62.
One of the most overlooked obligations in the EU’s General Data Protection Regulation (EU GDPR) is the requirement for organisations that are subject to EU GDPR but outside the EEA to appoint a data protection representative (DPR). But that’s likely to have much more attention now with the fine announced on 12 May 2021 for Locatefamily.com from the Netherlands supervisory authority (the Autoriteit Persoonsgegevens or AP) for failure to appoint a DPR. Jonathan Armstrong and André Bywater of Cordery explain. See News Analysis: Locatefamily.com fined €525,000 for failure to appoint data protection representative.
The Information Commissioner’s Office (ICO) has fined Tested.me Ltd £8,000 for sending nearly 84,000 nuisance marketing emails using data acquired for contact tracing during the coronavirus (COVID-19) pandemic. The company provides digital contact tracing services, by offering QR codes for people to scan when entering businesses. In a separate investigation, ICO contacted 16 QR code providers to ensure personal data was being utilised correctly. See: LNB News 18/05/2021 108.
Financial crime prevention
new EU-wide money laundering watchdog will hold both supervisory and
intelligence functions to fight illicit financial flows across the EU by 2026,
the EU’s Financial Services Commissioner, Mairead
McGuinness, has said. See News Analysis: EU money-laundering
regulator to hold supervisory, intelligence functions, McGuinness says.
London: Iranian banks and businesses should be allowed to ask EU courts to
invoke a blocking law if they think a company has cut ties over fears of
violating US sanctions, a legal adviser has told the EU's top court. See News
Analysis: EU courts told to let
Iranian companies use sanction blocking law.
Health and Safety Executive (HSE) has announced that it is collaborating with
local authorities in conducting spot checks and inspections on local business
as lockdown measures ease during coronavirus. If businesses do not adhere to current
guidance, action will be taken in the form of prosecution. See: LNB News 14/05/2021 81.
In Donovan v Grainmarket Asset Management, the parties entered into a joint venture agreement to attract investors for the development of certain properties. Their agreement had been reached by a mixture of written and oral communications and by conduct, and lacked any degree of formality. The judge at first instance found that Mr Donovan was entitled to an agreed fixed percentage of the fees which the investors paid to Grainmarket Asset Management (GAM) when the properties were managed, developed and sold. On appeal GAM asserted that the payments to Mr Donovan were, inter alia, conditional upon his performance and/or that the agreement had been wrongly terminated by Mr Donovan. The Court of Appeal dismissed GAM’s appeal on all grounds. Written by Charles Joseph, barrister at Tanfield Chambers. See News Analysis: Joint venture—termination of contract (Donovan v Grainmarket Asset Management).
In Olympic Council of Asia v Novans Jets, the court provided a helpful summary of the current state of the law of unjust enrichment. Written by Christopher Humby, of counsel at Quinn Emanuel Urquhart & Sullivan LLP. See News Analysis: Commercial Court refuses summary judgment application in unjust enrichment claim (Olympic Council of Asia v Novans Jets).
MLex: When Supreme Court judges had the last word in the UK’s widely watched business-interruption insurance test case in January, ruling largely in favour of pandemic-hit policyholders, they left one big question up to the litigants: what exactly does ‘loss’ mean? That was no mistake; each contract is different, and judges were never going to rule on how much a business should be owed for losses suffered as a result of the coronavirus (COVID-19) pandemic, nor even how to go about calculating an amount. See News Analysis: Comment—UK insurers incite new dispute over calculations of businesses’ coronavirus (COVID-19) losses
Cabinet Office has published new guidance for importing and exporting goods.
Subjects covered in this guidance include importing goods into the UK and new
border requirements for moving goods to and from the EU. HMRC has also
published updated guidance on how to move goods through ports. See: LNB News 13/05/2021 23.
Cabinet Office has also published a series of webinars offering guidance for
those involved in trade with EU countries. See: LNB News 17/05/2021 113.
Revenue & Customs (HMRC) has published updated guidance for stakeholders.
Subjects covered in this guidance include updated information on what you will
need to get a goods movement reference, particularly the need for a declaration
unique consignment reference for goods moving directly from Northern Ireland
(NI) to Great Britain, where the goods are under a customs special procedure in
NI, in an authorised temporary storage facility, or on a list of goods that
specific processes apply for based on specific international obligations. See: LNB News 17/05/2021 40.
also updated its import, export and customs guidance to reflect the post Brexit
regime. The update covers the period from 11 May 2021 to 17 May 2021. See: LNB News 17/05/2021 97.
Supply of goods and services
Environment, Food and Rural Affairs (EFRA) Committee is concerned that Britain’s food supply chain, under
the government’s new immigration policy, may not be able
to secure enough labour for Summer 2021. Concerns about time frame to recruit
labour overseas and shortages of skilled workers have been expressed by the
Committee. See: LNB News 17/05/2021 114.
Facebook has failed at an Irish court to stop the Irish Data Protection
Commission (Irish DPC) from investigating whether its trans-Atlantic data
transfers are in line with EU law following a ruling by the EU's top court in
July 2020. The High Court in Dublin ruled that the Irish DPC had the right to
open an 'own volition' investigation into whether Facebook's Irish subsidiary
was in breach of EU data protection rules by transferring personal data to the
US. See News Analysis: Facebook loses bid to halt
Irish probe into EU-US data flows after Schrems II ruling.
has published its response to the consultation it ran on the UK National Data
Strategy (NDS) from 9 September 2020 to 9 December 2020. Of more than 250
responses received, the government records that respondents ‘generally welcomed’ its approach to data as a
strategic asset to be used for social and economic benefit, considering data to
be not just a threat to be managed, but an opportunity to be embraced. In
response the government has announced that it will share frequent and focused
updates regarding the NDS, launch the National Data Strategy Forum, make
efforts to build trust in the government’s own use of data, and
maintain momentum across other priority areas by appointing a new Information
Commissioner and a new Board and Chair for the Centre for Data Ethics and
Innovation. See: LNB News 18/05/2021 12.
Information Commissioner’s Office (ICO) has
published the UK Information Commissioner Elizabeth Denham’s keynote speech at the
Data and the Future of Financial Services 2021 conference. In consideration of
how ‘good data protection is an investment’ that can be used to
maximise the value of data, Denham discusses data protection and trust, data
protection and data security, data protection and data flows, and the ICO’s role. See: LNB News 13/05/2021 19.
years since the government first laid out its plans to introduce a new
regulatory framework for ‘online harms’, the Online Safety Bill
was published on 12 May 2021. The draft Bill imposes duties of care on
providers of digital services to make them responsible for illegal and harmful
content generated and shared by their users as well as duties to protect users’ rights to freedom of
expression and privacy. Charles Brasted, partner, and Telha Arshad, senior
associate, at Hogan Lovells discuss the Bill’s impacts. See News
Analysis: UK publishes Online Safety
Bill—a new era in digital regulation.
Internet of Things (IoT) (ie connected ‘smart’ devices) is not new. But
the number of innovative and sometimes unexpected use cases we see IoT being
applied to each year is astonishing, and never more so than now, with it being
used to help manage the coronavirus (COVID-19) crisis and improve healthcare.
Kate Armstrong, senior associate at Taylor Wessing, discusses the impact of the
pandemic on the regulation of IoT. See News Analysis: Surge in IoT during the
coronavirus (COVID-19) pandemic helps pave the way for new IoT laws.
Advertising, marketing and sponsorship
Gambling Commission has warned businesses that they will face regulatory action
if they fail to carefully manage their third-party websites. This follows
regulatory action being brought against FSB Technology (UK) after it was found
that the gambling company did not have sufficient oversight over three of its
third-party websites or effective anti-money laundering and social
responsibility policies and procedures in place between January 2017 and August
2019. FSB Technology (UK) was ordered to pay £600,000 towards the National Strategy
to Reduce Gambling Harms, and will have additional conditions placed on its
gambling licence in an effort to ensure that the company ‘conducts risk-based due
diligence on new and current third party partners it runs websites on behalf of’. See: LNB News 18/05/2021 83.
Financial Reporting Council (FRC) has published a thematic review ahead of the 2021 interim
reporting season, highlighting exemplary good practices in a company’s interim reporting as well
as areas which require more improvements. The FRC also highlights that
companies should give better explanations on balance sheet movements. See: LNB News 18/05/2021 44.
Crime analysis: In R v Wood Treatment Ltd and another  EWCA Crim 618, the Court of Appeal
upheld Mrs Justice May’s grant of the defendants’ submissions of no case to
answer, resulting in the jury being directed to return not guilty verdicts on
eight counts of corporate manslaughter and gross negligence manslaughter
against an employer and its managing director. Four employees lost their lives
in the explosion of a wood dust mill in 2015. The court found that May J was
right to hold that, after the evidence of the Crown’s expert witness, there was
a realistic possibility which could not be excluded that the cause of the
explosion was consistent with innocence. The jury could not therefore safely
return guilty verdicts. Written by Harry Vann, barrister at Crown Office
Chambers. See News Analysis: Causation in corporate and
gross negligence manslaughter (R v Wood Treatment).
employers spanning the UK, including Santander, Asda and IKEA, have pledged to
encourage and facilitate staff receiving the coronavirus vaccine. They are
doing so by disseminating positive messages about the vaccines and allowing
workers flexibility in their hours so that they can go to receive their shot.
The Department of Health and Social Care has urged more business to do the
same. See: LNB News 14/05/2021 89.
Advisory, Conciliation and Arbitration Service (Acas) has published its
five top tips for businesses reopening from 17 May 2021 as coronavirus
restrictions ease. Acas recommends that businesses ensure their workplace is
coronavirus-secure, plan ahead with staffing, discuss working arrangements with
staff, consider the health and wellbeing of staff, and consider employment
rights. See: LNB News 14/05/2021 108.
May 2021, England entered Step 3 of the government’s roadmap for the lifting
of restrictions following the third national lockdown. Hannah Ford, Partner,
and Sarah Taylor, PSL, of Stevens & Bolton set out below the key changes
and what employers should be doing in this next stage in the easing of
restrictions. See News Analysis: Step into step 3: Employer’s guide to the next stage of the government’s roadmap.
Diversity and gender pay gap
fifth in a series of articles exploring how diversity and inclusion can play a part
in shaping the ‘new normal’ as businesses move out of
lockdown as an opportunity to ‘build back better’, Tracey Marsden, Partner,
at CMS (Sheffield) and Catriona Aldridge, Senior Associate, at CMS (Edinburgh),
consider how the coronavirus crisis threatens the progress that has been made
in reducing the gender pay gap and explore the opportunities the pandemic
presents for employers to change the gender pay gap for the better. See News
Analysis: The gender pay gap in a
COVID-19 world—Are we falling back on old
sixth in the series, Gary Henderson, Partner, at CMS (Reading) explores both
the negative and positive aspects the pandemic has had on employees with
disabilities. In particular, he highlights the legal obligations and the steps
employers can take now and in the longer term to support employees with
disabilities. See News Analysis: Hold onto the good and keep addressing the bad—the impact of the pandemic on employees with disabilities.
government has responded to the Women and Equalities Committee’s fifth report of session
2019–2021, ‘Unequal impact? Coronavirus
and the gendered economic impact’. The government welcomes
the report and acknowledges that coronavirus is the greatest challenge the UK
has encountered in decades. The government has welcomed some of the
recommendations, including amending flexible working regulations, and is
considering others. See: LNB News 14/05/2021 26.
considering whether an individual has the status of a ‘worker’ for the purpose of various
statutory rights, eg to holiday pay, there is no need for there to be an
irreducible minimum of obligation on both parties, ie for there to be an
obligation on a putative worker to accept and perform a minimum amount of work
and an obligation on the putative employer to offer some work and/or pay for
the same, according to the EAT. See News Analysis: Worker status does not
require minimum obligation on both parties (Nursing and Midwifery Council v
The Education and Skills Funding Agency (ESFA) has published guidance for providers, employers and learners who are affected by the termination of provider agreements for apprenticeships, funding agreements and contracts between the ESFA and providers. See: LNB News 17/05/2021 47.
HMRC has updated its guidance for employers detailing who needs to pay the apprenticeship levy, how to work out what is owed and how to use the levy allowance. See: LNB News 18/05/2021 5.
UK/EU divergence—have your say
Please click here to participate in our
Customer Survey—UK/EU Divergence. The aim of the survey is
to gather insight into customer needs and preferences for PSL coverage of how
UK law diverges from EU law arising from the UK’s departure from the EU.
The survey also covers potential for divergence within the devolved
administrations of the UK (in areas where EU previously had competence), as
well as needs around EU materials going forward. It should take around 20
minutes to complete.
Free trials are only available to individuals based in the UK
* denotes a required field
0330 161 1234