ISO 26000 was published in November 2010. Unlike most international standards which implement a management system, ISO 26000 is intended to assist organisations in contributing to sustainable development, by providing guidance on social responsibility (SR), so it cannot be certified unlike other ISO standards. Sustainability is an evolving part of many businesses which in turn considers a range of environmental, social, and governance (ESG) factors. Demonstrating commitment and action toward being more sustainable is becoming more desirable for stakeholders. ISO 26000 aims to support organisations in making informed and valuable improvements in SR and therefore their wider sustainability agenda. The standard provides guidance to structure plans and embed strategies to support core business objectives as a way to demonstrate commitments around ESG matters. For more on ESG and corporates, see Practice Notes: ESG—new starter guide and Sustainable business and environmental, social, governance (ESG)—introduction for companies and advisors. The standard aims to encourage organisations to go beyond legal compliance, recognising that compliance with law is a fundamental duty and an essential part of an organisation’s

Property analysis: On 19 April 2023, the Law Society of England and Wales (TLS) published its Guidance on the Impact of Climate Change on Solicitors. This is the first guidance of its kind in the common law world and the Law Society has been commended for its climate leadership. In essence, the guidance calls on the legal profession to take climate change more seriously. Stephen Sykes, senior associate at Herbert Smith Freehills LLP, discusses the guidance and what it means for the legal sector.

Corporate Crime analysis: This case sets out the key principles and procedure to be followed under applications pursuant to section 10A of the Proceeds of Crime Act 2002 (POCA 2002) where the court has to determine the extent of the interest of a third party in property held by a defendant that is likely to be realised or otherwise used to satisfy a confiscation order. The court held that where the prosecution intends to prove that a defendant has a beneficial interest in property and another holds, or may hold, an interest in that property, the burden and standard to be applied are those of the civil standard. Where matrimonial property is concerned, the court is entitled to look to the evidence and draw such inferences as they see fit to determine whether beneficial interest should follow legal title. Such evidence can include sham divorce proceedings and the use of property for a joint purpose. Written by Joe O’Leary, barrister at 5 St Andrews Hill.

Family analysis: The Court of Appeal considered an appeal against the refusal of an application for a change of given name, in the case of a young person who identified as non-binary. The court was clear that any application to change a name should be decided on its own particular facts. A case such as this one should not be treated as a ‘gender’ case, but as one involving a young person with capacity, who would soon be 16. The strongly-held views of a young person with full capacity would carry significant weight and, particularly when supported by a guardian appointed for them in proceedings, might be determinative. Janet Bazley KC, barrister at 1GC|Family Law, considers the implications.

It is important for the proprietors of trade mark registrations to ensure that they are used correctly, so as to ensure that they are recognised by the public as badges of origin for the goods and/or services in respect of which they are used, and to minimise the risk of challenges by third parties on the basis that the marks have become generic or misleading, or that they lack distinctiveness. For more information, see: • Trade mark transactions and management—overview • Practice Note: Managing a trade mark portfolio • Practice Note: Removal of UK trade marks from the register—expiry, surrender, invalidity and revocation To assist, clear ‘guidelines on trade mark usage’ should be created, and training provided to internal teams, as well as to third-party users of trade marks such as distributors, advertising agencies and retailers, as to the correct usage of trade marks. A checklist of points to include in such guidance is set out below. Only use the trade mark as registered, without variations and abbreviations This applies

An update to the guidance on information sharing measures outlined in the Economic Crime and Corporate Transparency Act 2023 has been updated on the government’s website. The measures, which are voluntary, allow regulated firms to share customer information for the purposes of preventing, investigating and detecting economic crime and have been put in place to provide greater clarity and comfort to regulated firms to share relevant customer information.

Family analysis: Mr Justice Cobb was concerned with an application relating to an order for costs made in Children Act 1989 (ChA 1989) proceedings and considered the powers available to the court to vary or revoke a costs order made in the High Court and the various potential procedural routes. Emily Minton, associate solicitor at Sternberg Reed LLP, looks at the options considered and the implications for practitioners.

Family analysis: In Lancashire County Council v B and others following a positive resolutions assessment His Honour Judge Baker held that the child should return home to the mother under a care order and safety plan. HHJ Baker gave guidance on why the resolutions assessment model was applicable to the specific circumstances of this case. This judgment highlights the procedure followed, the experts instructed and the details of the safety plan. Patrick Gilmore, barrister at Deans Court Chambers examines the decision.

The Medical Device Coordination Group (MDCG) has published a revision of its guidance on the application of transitional provisions for certification of high-risk (ie Class D) in vitro diagnostic medical devices (IVDs) under Regulation (EU) 2017/746 (the In Vitro Diagnostic Medical Devices Regulation (IVDR)). The updated guidance clarifies its scope, makes minor revisions to questions on when a Notified Body is required to submit the performance evaluation report of the manufacturer to the expert panel, and whether any Notified Bodies are able to accept applications from manufacturers for certification of Class D IVDs and issue the corresponding certificate(s) if an EU reference laboratory (EURL) is not designated for that device, and revises the answer to what will happen to devices certified under the IVDR in the absence of an EURL if an EURL is designated for the corresponding scope at a later time. It also adds a new question on what the date of application of the designation of EURLs means in practical terms for certain EURL tasks.

The Ministry of Housing, Communities & Local Government has published guidance on the new Housing Possession Mediation Service for landlords and tenants undergoing possession proceedings. The service, which is free to use for all landlords and tenants currently undergoing possession proceedings, was created as part of the government’s work on new court arrangements to support parties during the ongoing coronavirus (COVID-19) pandemic. It has been designed to help landlords and tenants to resolve cases without the need for a face to face court hearing, and will see parties work alongside a neutral mediator to identify issues and work to resolve them.

The Department for Science, Innovation and Technology (DSIT) has updated guidance on the UK Product Security and Telecommunications Infrastructure (Product Security) Act 2022 (PSTIA 2022) regime for connectable product security, which comes into effect on 29 April 2024. Manufacturers of UK consumer connectable products will be required to comply with the relevant obligations set out in PSTIA 2022, ss 1-56 (Part 1), such as ensuring their products meet the relevant minimum security requirements. The guidance lists the key provisions businesses should consider in seeking to comply with the regime, such as the persons subject to the duties under the regime, duties of relevant persons, security requirements and enforcement.

Public Law analysis: The claimant brought judicial review proceedings challenging the lawfulness of guidance issued by the Secretary of State for Work and Pensions concerning the circumstances in which third party deduction orders were to be made. These orders were used to make deductions from social security benefits in order to pay arrears of certain debts owed by claimants to utility companies. The challenge succeeded on the ground that the guidance unlawfully gave the impression that representations from claimants were unnecessary before a deduction order was made. By giving that impression, the guidance wrongly stated the law because before deduction orders were made, the interests of claimants and their families had to be considered. Written by Denis Edwards, barrister, Normanton Chambers.