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NEWS
Financial Services analysis: Financial crime systems and controls are a key FCA supervisory and enforcement priority. The FCA publishes its Financial Crime Guide (FCG) and Financial Crime Thematic Reviews (FCTR), in addition to a large number of supporting materials. To assist customers in tracking publication of the FCA's supporing materials, the Financial Services team has published a Checklist setting out FCA supporting materials in the form of multi-firm reviews, thematic reviews, supervisory correspondence, speeches, webinars, podcasts and webpages relating to: market abuse; money laundering and terrorist financing; fraud; bribery and corruption; and sanctions, asset freezes and proliferation financing.
NEWS
The LexisNexis Financial Services practical guidance team has published a new Checklist, in partnership with Michael Oxdale of Simmons and Simmons. This checklist is designed to assist practitioners in understanding and applying the Financial Conduct Authority’s Consumer Duty requirements for demonstrating fair value.
NEWS
The LexisNexis Restructuring & Insolvency practical guidance team has published a new Checklist—‘Summary checklist and timeline for transaction at an undervalue and preference claims by a trustee in bankruptcy’. This Checklist and timeline sets out the process for bringing claims by a trustee in bankruptcy under sections 339 and 340 of the Insolvency Act 1986 challenging transactions at an undervalue and preferences.
NEWS
MLex: The new Chinese electric-vehicles offer (to limit the application of the planned EU countervailing duties) was filed too late and therefore can’t be reviewed, the European Commission said on 17 September 2024. The document seen by MLex proposed the minimum import prices for different EV models and stricter annual import caps applicable to the Chinese EV makers participating in the deal.
NEWS
Life Sciences analysis: Rory Trust, director and Fraser Campbell, trainee solicitor at Burges Salmon LLP, consider the new UK Clinical Trials Regulations which are coming into force in 2026. They also make a comparison between the UK and EU clinical trial regime, among other things.
NEWS
The Department for Business and Trade and Fair Work Agency (FWA) have published a new Code of practice for Labour Market Enforcement (LME) undertakings and orders.
GLOSSARY
On 13 November 2020, the European Commission launched the New Consumer Agenda (see the New Consumer Agenda Communication), following the 2012 Consumer Agenda which expired in 2020 and the 2018 New Deal for Consumers. The New Consumer Agenda aims to strengthen consumer resilience for sustainable recovery. The New Consumer Agenda sets out a long-term vision and introduces five key priorities areas and action points to be taken from 2020 to 2025: • green transition—creating a legal proposal aiming to provide better information on sustainability to consumers • digital transformation—adapting existing legislation to the digital transformation • redress and enforcement of consumer rights: strengthening the Consumer protection network and developing toolbox of e-tools to tackle illegal online market practices and identify unsafe products • specific needs of consumer groups: ensuring the protection of vulnerable consumers • international cooperation—developing an action plan on product safety with China
NEWS
The Pensions regulator (TPR) announced that trustees of defined benefit (DB) pension schemes whose actuarial valuation dates are effective on or after 22 September 2024 should now refer to the TPRs new DB funding code. The new DB funding code provides guidance and expectations on how to comply with the funding and investment strategy requirements. This aligns with the Occupational Pension Schemes (Funding and Investment Strategy and Amendment) Regulations 2024, SI 2024/462 (the regulations detailing the reforms introduced by the Pension Schemes Act 2021) which came into force on 6 April 2024 and also apply to valuations with effective dates on or after 22 September 2024. The DB funding code of practice published in July 2014 will continue to apply to schemes with effective valuation dates occurring before 22 September 2024.
GLOSSARY
On 11 April 2018, the European Commission adopted the New Deal for Consumers (see the New Deal for Consumers Communication). The New Deal for Consumers initiative aimed at strengthening EU consumer law enforcement in light of a growing risk of EU-wide infringements and at modernising EU consumer protection rules in view of market developments. In 2017, the European Commission evaluated existing consumer rules and found out that the EU consumer legislation were not applied and enforced effectively across the EU. Therefore, the European Commission decided to publish an Impact Assessment and hold a consultation. Based on its findings, and as part of the New Deal for Consumers package, two directives were adopted: • Directive (EU) 2019/2161 on better enforcement and modernisation of EU consumer protection, also known as the EU Omnibus Directive • Directive (EU) 2020/1828 on representative actions for the protection of the collective interests of consumers and repealing Directive 2009/22/EC, also known as the Collective Redress Directive These two directives amend key EU consumer protection legislation. The main amendments include more transparency for consumers when buying online, effective penalties and clear rules to tackle the issue of dual quality of products in the EU. For more information on the New Deal for Consumers, see the European Commission website.
NEWS
The Senior President of Tribunals, Sir James Dingemans, has appointed Melanie Plimmer as Deputy Chamber President of the Immigration and Asylum Chamber of the Upper Tribunal, effective from 28 August 2025. Plimmer’s judicial experience includes roles as Judge of the Upper Tribunal (Immigration and Asylum Chamber), Chamber President of the First-tier Tribunal Immigration and Asylum Chamber, and most recently as Circuit Liaison President for the Northern Circuit. She has also served as a High Court Judge under section 9(1) of the Senior Courts Act 1981 and holds positions in the British Indian Ocean Territory Court of Appeal and Sovereign Base Areas of Cyprus.
NEWS
Employment analysis: New Presidential Guidance has been issued by Judge Barry Clarke, the President of the Employment Tribunals for England and Wales, on taking oral evidence by video or telephone from persons located abroad. Separate new guidance has also been issued by Judge Susan Walker KC, the President of the Employment Tribunals for Scotland. Both guidance documents take effect on 27 January 2025 and the previous joint guidance has been revoked. It should be noted that the procedures are now notably different North and South of the border.
NEWS
EU Law analysis: On 13 December 2023, two years after the first legislative proposal has been published, the new Regulation (EU) 2023/2844 (the Digitalisation Regulation) has been adopted. While the process of digitalisation of judicial cooperation and cross-border procedures in the EU has been ongoing for some time already, the new Digitalisation Regulation represents a major step for advancing digitalisation practices in the EU. Martina Tičić, assistant at the University of Rijeka, Faculty of Law and doctoral student funded by the Croatian Science Foundation (Hrvatska zaklada za znanost—HRZZ) considers the main features of the Regulation, its entry into force, challenges and implications for parties outside of the EU.