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NEWS
The Equality and Human Rights Commission (EHRC) has announced that Jaguar Land Rover Ltd has signed a legal agreement to improve its policies and practices on equality and diversity. Jaguar Land Rover has developed an action plan to prevent future breaches of equality and the EHRC will monitor the plan to ensure it is being adhered to within the stated timescales. This follows the case of Taylor v Jaguar Land Rover 2020, the first case in an English court to recognise non-binary or gender fluid identity as being protected under the Equality Act 2010.
NEWS
The National Trading Standards Agency has revealed that a company director, Kewal Banga from Waddell Grove Land, Stourbridge, has been ordered to pay back £150,000 following a hearing on 2 July 2020 at Leeds Crown Court. The confiscation order is in addition to a custodial sentence handed down in May 2019, which saw Banga sentenced to two years 11 months after pleading guilty to money laundering. He was one of two company directors of a firm that was found to mis-sell electrical goods. The scam was uncovered after customers complained that goods ordered online from the company’s Electrohut website were never delivered or that goods received were different to the order. Over the course of a few months the site had taken £330,000 in orders from almost 1000 consumers. The second company director, Saleem Arif from Birmingham, was sentenced on 9 May 2019 to four years six months at Leeds Crown Court for money laundering and fraudulent trading.
NEWS
The Bank of England (BoE) has published a speech by its executive director for data and analytics transformation and chief data officer, James Benford, in which he discussed the BoE’s data and analytics strategy refresh and the ongoing redesign and operation of regulatory collections. Benford said the aim was to strengthen the BoE’s data governance and management, enhance external data sharing, launch a new platform on the Cloud and explore pilots of AI tools.
NEWS
Financial Services analysis: James Burnie, partner at gunnercooke LLP explores the new stablecoin regime following the Financial Services and Markets Act 2023 (FSMA 2023).
PRACTICE NOTES
1. What is the applicable legislation? The Foreign Exchange and Foreign Trade Act 1949 (FEFTA 1949) (as amended) is the basic law governing foreign transactions/foreign direct investment and regulates ‘inward direct investment, etc’ (Inward Direct Investment) in Japan.. Note—the FEFTA 1949 defines Inward Direct Investment broadly, covering a wide range of transactions. A direct translation from the FEFTA 1949 when referring to Inward Direct Investment would be ‘inward direct investment, etc’. That said, we refer to Inward Direct Investment only, but with the understanding that it is not narrowly defined by the legislation. 2. Which government or other body (or bodies) reviews foreign investments? Where the FEFTA 1949 requires prior notification of an Inward Direct Investment, the Minister of Finance and the competent minister having jurisdiction over the relevant business sector (eg the Minister of Economy, Trade and Industry for industrial sectors) jointly examine whether the investment is acceptable from the standpoint of national security and related public interests (see Question 7) (FEFTA 1949, Article 27(3)). Although
PRACTICE NOTES
NOTE—to see whether notification thresholds in Japan and throughout the world are met, see Where to Notify. 1. Have there been any recent developments regarding the Japanese merger control regime and are any updates/developments expected in the coming year? Are there any other ‘hot’ merger control issues in Japan? On 17 December 2019, the Japan Fair Trade Commission (JFTC) published the Revised Guidelines to Application of the Antimonopoly Act Concerning Review of Business Combination (Revised Antimonopoly Guidelines 2019) and the Revised Policies Concerning Procedures of Review of Business Combination (Revised Antimonopoly Policies 2019) . The Revised Guidelines 2019 add: • a multisided market definition for ‘platformers’ • an examination of indirect network effects • an examination where companies compete for quality, not for price • examples of considerations regarding product content and quality • amended examples of considerations regarding geographic range • an examination where a company has small market share but potential competitiveness • a Herfindahl–Hirschman Index calculation where the market share of the subordinate business is unknown • determining factors of (research and development, market characteristics, network
NEWS
Japan's Ministry of Foreign Affairs has announced the signing of a bilateral investment treaty with Paraguay in Asunción. The Agreement between Japan and the Republic of Paraguay for the Promotion and Protection of Investment includes standard protections such as national treatment, most-favoured-nation treatment, fair and equitable treatment, expropriation safeguards, and investor-state dispute settlement mechanisms. The treaty requires internal approval procedures, including Japanese National Diet ratification, before entering into force 30 days after both parties complete their domestic processes.
NEWS
Environment analysis: Japanese Knotweed (JK) is a fast-growing and damaging perennial which has been estimated to cost UK landowners £250m* per year in treatment and monitoring costs. This estimate excludes the loss of value at properties impacted by JK so the true financial impact on landowners is much greater. JK is usually treated by spraying the affected land with herbicides in accordance with guidance from the Environment Agency (EA)/Natural Resources Wales (NRW) for between three to five years. There have been sites where 45% of the surface area has been impacted by JK. In such extreme cases, installing a barrier to contain the JK and prevent it from spreading onsite and to neighbouring properties may be the optimum way forward. Leaving the tiniest piece of JK in the ground (eg part of a rhizome) is enough for it to regrow. Consequently, the jury is out as to whether JK can ever be eradicated. This is why properties impacted by JK may suffer blight even after a treatment regime has been ‘successfully’ applied. Added to this, there are signs that JK’s growing season is extending because of climate change, so the risk of JK rebound may increase and so may concerns about loss of value at properties affected by it.** One issue which has come before the courts recently is whether the ‘residual diminution of value’’ for JK impacted properties even after they have been treated is recoverable in private nuisance. This was the key issue in the case Davies v Bridgend County Borough Council decided by the Supreme Court on 8 May 2024. Written by Stephen Sykes, head of Climate, Environment and Sustainability Capital Law.
NEWS
The Japanese Ministry of Justice, in collaboration with the Ministry of Economy, Trade and Industry, the Japan Association of Arbitrators (JAA), the Japan Commercial Arbitration Association (JCAA) and the Japan Federation of Bar Associations, has announced the 2025 Japan International Arbitration Week, which will take place from 25–29 November 2025.  The event will address key issues in international arbitration, featuring sessions on international trade disputes, including the choice of law and forum in trade contracts, the integration of artificial intelligence in dispute resolution, strategies for managing multi-party and multi-contract construction disputes and emerging trends in international mediation.
NEWS
The Japanese Ministry of Justice has reported that amendments to the Japanese Arbitration Act and Act for Implementation of the United Nations Convention on International Settlement Agreements Resulting from Mediation came into force on 1 April 2024. The amendments relate to the establishment of systems enabling enforcement based on an order for interim measures and settlement agreements resulting from mediation.
NEWS
Environment analysis: Andy Creer, barrister at Hardwicke, looks at the bar which the court set in Ryb v Conway Chartered Surveyors & Ors for a professional negligence liability for failing to spot Japanese knotweed.
PRACTICE NOTES
Japanese knotweed locations Japanese knotweed can be found almost all over the country. It can readily grow in nutrient-poor or contaminated soils, exploiting marginal areas of derelict land in urban areas and along railway lines. As most of its biomass is below ground, it only needs a small area of bare earth to push shoots through. See Practice Note: Japanese knotweed—management. The legal framework Although there is no legal obligation to remove Japanese knotweed or to report it to regulators, the spread of Japanese knotweed can result in civil and criminal liabilities and adversely affect the value, marketability and insurability of land. Civil liability A neighbour can bring a common law claim against the landlord or tenant if Japanese knotweed causes loss of enjoyment or damage to their land. See Practice Note: Private nuisance—general principles. The encroachment of Japanese knotweed onto a neighbour’s property may also give rise to liability under a private nuisance claim. The Court of Appeal in Network Rail Infrastructure Ltd v Williams found that there is a potential liability even before Japanese knotweed