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PRACTICE NOTES
This Practice Note outlines the specific rights that are conferred on an independent trade union once it has been recognised by an employer for the purpose of collective bargaining eg the right to disclosure of information by the employer for the purposes of collective bargaining, the right for union officials, learning representatives of the union and other union members to take time off work for trade union duties and/or activities, the right to be consulted in respect of collective redundancies, rights relating to information and consultation in connection with the transfer of undertakings, the right to information and consultation relating to health and safety matters, information and consultation rights relating to pension schemes and rights in relation to training. This Practice Note examines in more detail the right to disclosure of information for collective bargaining and rights in relation to training. A number of specific rights are conferred on an independent (see Practice Note: Trade union listing and independence) trade union once it has been recognised by a relevant employer for the purpose of collective
NEWS
Banking & Finance analysis: This News Analysis looks at the key points made in the European Central Bank’s Financial Stability review, published in May 2024. The review looks at the rise of artificial intelligence (AI) and the benefits and risks it holds for financial institutions and financial stability more generally.
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Local Government analysis: Islington Council’s play and youth service has won a contract to run the six adventure playgrounds they manage, forming a not-for-profit community interest company (CIC) and breaking away from local authority control. But what are CICs, how are they connected with social enterprise, and what can they offer that charities can’t? Tom McNeil, associate at Bates Wells Braithwaite, takes a closer look.
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IP analysis: Dupe culture is reshaping consumer behaviour, creating both challenges and opportunities for brands. By embracing innovation and engaging with consumers, brands can leverage this trend to strengthen their market position. In the face of growing demand for alternatives, the key lies in demonstrating why genuine products are worth the investment, whether through superior quality, ethical practices, or unmatched durability. Forward-thinking brands that adapt to this evolving landscape will not only withstand the rise of dupes but can thrive because of it. Written by Mark Kramer, partner, and Autumn Gibson, associate, at Potter Clarkson.
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Commercial analysis: Recommerce (which includes reselling, renting, refilling, repairing, or reusing goods) is already an extremely valuable business model, estimated by Barclays to be worth almost £7bn in the UK alone and expected by Visa to increase to £82bn by 2030. This growth, particularly in respect of resale, is widely regarded as being driven by Gen Z consumers, over two thirds of whom now prefer to buy second-hand over new goods, in part, due to sustainability concerns. Ciara Cullen, partner and Emma Dunnill, senior Associate, both at RPC LLP, consider the rise of recommerce.
PRACTICE NOTES
The UKCG Code applies to companies with a listing of equity shares in the equity shares (commercial companies) category, whether incorporated in the UK or elsewhere, and contains provisions relating to the establishing of committees of the board. The UKCG Code sets out the requirement to establish an audit committee and envisages that in certain circumstances that companies with a listing of equity shares in the equity shares (commercial companies) category may wish to establish a separate risk committee. For further information on audit committees see Practice Note: The audit committee. UKCG Code, UK Listing Rules and DTRs All companies with a listing of equity shares in the equity shares (commercial companies) category are required under the UK Listing Rules (UKLR) of the Financial Conduct Authority (FCA) either to comply with the provisions of the UKCG Code or to explain to shareholders in their next annual report why they have not done so (the 'comply or explain' principle). Companies subject to the Disclosure Guidance and Transparency Rules (DTRs) of the FCA (including companies with a listing of equity shares
PRACTICE NOTES
ARCHIVED: This Practice Note is archived and is no longer maintained; please refer to Practice Note: Money Laundering Regulations 2017 (MLRs)—FCA supervision of cryptoasset firms, Annex 1 financial institutions, MSB/TCSP activities. This Practice Note examines the risks of cryptoassets from a financial crime, money laundering and terrorist financing perspective. It considers why cryptoassets are susceptible to, and can facilitate, crime and how regulators have responded to these perceived threats. It also discusses criminal cases involving cryptoassets, in particular Bitcoin. What are cryptoassets? One of the hurdles in relation to understanding non-traditional currencies and assets lies in the inconsistent use of language. Regulators and tax authorities, as well as commentators, refer variously to digital currencies, virtual currencies, cryptocurrencies, cryptoassets and crypto tokens, and it is not always clear whether they are using the terms interchangeably or with the specific meaning of each in mind. For more information about how these terms are defined, see Practice Note Web 3.0, digital assets and cryptoassets—essentials. This Practice Note examines
NEWS
Law360, Expert Analysis: Earlier this year, the technology working group of HM Treasury outlined the initial stages of a strategic road map for the development of a fund tokenisation industry in the UK, with a final phase to be confirmed by the end of 2024. Andrew Tsang, associate, and Tom Bacon, partner, at Bryan Cave Leighton Paisner LLP consider the proposed model for implementation, potential next steps, and wider developments within the digital assets space that would offer greater legal and market certainty to the creation of tokenised investment funds.
PRACTICE NOTES
ARCHIVED: This archived Practice Note examines the timeline and key events relating to Brexit, from the referendum on the United Kingdom’s membership of the European Union up to its entry into, and ratification of, a Withdrawal Agreement to effect the end of such membership. It reflects the position as at 31 January 2020. It is not maintained and is for background information only. On 23 June 2016, the United Kingdom held a referendum on its membership of the European Union, with a majority voting in favour of the United Kingdom leaving the EU (this option has become known as Brexit). For more information, see News Analysis: Brexit: UK Article 50 TEU notification starts the clock—what happens now? On 29 March 2017, Theresa May MP, the then UK Prime Minister, gave formal notification of the UK's intention to withdraw from the EU (ie to Brexit), commencing the withdrawal process under Article 50 of the Treaty on European Union (TEU). Art 50 TEU prescribes a two year period for the UK and the EU to negotiate the
PRACTICE NOTES
The introduction of the Pre-Action Protocol for Personal Injury Claims Below the Small Claims Limit in Road Traffic Accidents The Pre-Action Protocol for Personal Injury Claims Below the Small Claims Limit in Road Traffic Accidents (RTA Small Claims Protocol) came into force on 31 May 2021. It implemented reforms initially announced by the government in 2015, intended to reduce the number and cost of low value RTA claims. The original intention was to remove the right to compensation in the form of payment for pain, suffering and loss of amenity (PSLA) for low value whiplash claims altogether. It was later amended to reduce the amount of compensation recoverable. Legal costs (other than disbursements) are not recoverable from the defendant. An online claims portal was built (see: Official Injury Claim), intended to present a straightforward and easy-to-use system that would enable claimants to pursue their own claims without legal representation. The Official Injury Claim portal The Official Injury Claim portal (OICP) itself is, as you would expect of a system built with unrepresented
PRACTICE NOTES
This Practice Note summarises the various roles—both historic and present—of National Grid and National Grid-owned bodies in the Great Britain (GB) energy market. It includes discussion of National Grid Electricity Transmission plc, National Grid Electricity Distribution plc, National Gas Transmission plc (NGT), as well as National Grid’s former role as the Electricity Market Reform (EMR) Delivery Body. It also covers the former distinction between National Grid’s electricity transmission owner and electricity system operator roles and the split of these TO and SO roles between NGET. Finally, the Practice Note considers the impact of the National Energy System Operator (NESO), established in October 2024, on National Grid and its functions in the GB energy system. This Practice Note makes deliberate reference to either ‘Great Britain’ and ‘GB’ or the ‘United Kingdom’ and ‘UK’. Great Britain/GB refers to Scotland, England and Wales (not Northern Ireland), whereas the United Kingdom/UK refers to Scotland, England, Wales as well as Northern Ireland. This distinction is important as the Northern Irish gas and
PRACTICE NOTES
A nominated adviser (nomad) is a firm or company that: • has been approved by the London Stock Exchange (LSE) as a nomad, and • is included on the current register of nomads maintained by the LSE The definitive register of nomads is kept by the LSE, a copy of which is available for public inspection on the LSE's website. The LSE does not itself assess whether a company applying for admission to AIM is appropriate or not; rather it relies on the nomad that has been retained by the company to assess whether such company is appropriate for admission to AIM. Requirement for a nomad The nomad is important; a company seeking to apply for admission to trading on AIM or that is already admitted to trading on AIM must have a nomad at all times. Without a nomad a company will: • not be eligible for AIM, and • where such company is already admitted to trading on AIM, have trading in its securities suspended and if such company fails to appoint