Banking & Finance analysis: This News Analysis provides a summary of the cases we have alerted in Lexis®PSL Banking & Finance for October 2021.

This week's edition of Tax weekly highlights includes: (1) News Analysis on the FTT’s decision in Isle of Wight NHS Trust concerning the VAT treatment of supplies of locum medical practitioners, (2) HMRC guidance on how agents can report other agents where poor R&D tax relief service standards are suspected, and (3) a new HMRC service for paying high income child benefit charges via PAYE.

This week's edition of Restructuring & Insolvency weekly highlights includes: an analysis of the two restructuring plans sanctioned by the High Court under Part 26A of the Companies Act 2006 that implemented a consensual US$9.6 billion financial restructuring of the New Fortress Energy group, the 196th Practice Direction update to the Civil Procedure Rules, a discussion on circumventing arbitration clauses with Russian proceedings (JP Morgan Securities v VTB Bank), plus a round-up of other news and cases for restructuring and insolvency professionals.

This edition of Employment weekly highlights includes: (1) Regulations revoking the commencement of section 6 of the Retained EU Law (Revocation and Reform) Act 2023, (2) the Ministry of Justice announcement that new CPR 68 will no longer take effect from 1 October 2024, (3) the Employment (Allocation of Tips) Act 2023 and statutory Code of Practice in force from 1 October 2024, (4) the Department for Business and Trade non-statutory guidance for employers on distributing tips fairly, (5) an Equality and Human Rights Commission (EHRC) consultation on its updated services, public functions and associations Code of Practice, (6) EHRC updated technical guidance on sexual harassment in the workplace and eight-step guide for employers to help them comply with the duty to prevent such harassment, (7) the Financial Conduct Authority (FCA) announcement of planned new policies on non-financial misconduct, (8) a successful EAT appeal against an order for ‘costs on indemnity basis’ and ‘costs of costs’ award, (9) an EAT judgment providing a helpful summary of governing law and authorities on extensions of time for lodgment of appeals, (10) analysis by Daniel Schaffer, Catrin Young and Maria Michael at Slaughter and May of a Court of Appeal decision on the meaning of occupational pension scheme for the purposes of section 1 of the Pension Schemes Act 1993, (11) a report from Focus on Labour Exploitation (FLEX) on the UK labour migration system after the end of free movement, (12) a Northern Ireland Statutory Rule extending to 24 March 2025 the operation of provisions allowing the wider and extended use of video or audio live links by Northern Irish courts and tribunals, (13) dates for your diary, and (14) updates to our case, consultation and legislation trackers and horizon scanner.

The UK’s first formal tax residency test for individuals known as the statutory residence test or SRT took effect on 6 April 2013 and applies to determine an individual’s tax residency for tax years 2013/14 onwards. Further details are set out in Practice Notes: The structure of the statutory residence test and The statutory residence test—key concepts and definitions. This Practice Note sets out the way in which the rules apply where a person arrives in or leaves the UK part way through a tax year. This Practice Note, and the further Practice Notes on the SRT, are only a summary and are not comprehensive. There will inevitably be areas where an interpretation is debatable or where a given situation does not appear to be in the consideration of the draftsmen, so reference should always be made to the primary legislation. Detailed guidance on the legislation has been issued by HMRC and this may be updated from time to time. The current HMRC guidance (SRT Guidance) can be found in RDR3: Statutory Residence

This week's edition of Public Law weekly highlights features enhanced coverage of the Attorney General’s new legal risk guidance for government lawyers. It also includes selected Brexit headlines, including analysis of the Supreme Court’s ruling in SkyKick, updates on progress made by continuing UK-EU workstreams, as well as post-Brexit guidance and SIs. Case analysis this week includes details of the latest judicial review, equality and human rights and information law cases. This edition further includes updates on constitutional and administrative law, subsidy control and State aid, and State security and intelligence.

ARCHIVED: This Practice Note has been archived and is not maintained. This Practice Note is a summary of the key legal developments of relevance to personal injury and clinical negligence practitioners as of 20 October 2021. For the most recent horizon scanner, reference should be made to PI and Clinical Negligence horizon scanning—overview. Costs Qualified one-way costs shifting (QOCS) The issue before the Supreme Court in Ho v Adelekun was whether it is permissible in claims to which qualified one-way costs shifting applies to order set off of a defendant’s costs against a claimant’s costs. The court unanimously held that, as a matter of construction, set off in this context was a species of enforcement and therefore precluded where it exceeded the cap reflecting the sum of any orders for damages and interest made in favour of the claimant. Therefore, where there is no such order (eg because the claim concludes by settlement rather than by order, or is dismissed), a defendant cannot recover any of its costs absent some other exception

Welcome to this week’s edition of the In-house weekly highlights, a curated summary of news analysis and new content from across the legal landscape. These highlights focus on key risk & compliance, commercial, corporate, information law and employment developments that will be relevant to most in-house lawyers.

This week’s edition of Employment weekly highlights includes: (1) a further important update on the HMCTS reform project, including a link to a YouTube video walking professional users through the online portal process, (2) the calling of a General Election on 4 July 2024 and the implications for employment law and pensions reform, (3) the latest Labour Party plans for employment rights, (4) regulations completing the commencement of REUL(RR)A 2023, (5) regulations to bring into effect the Code of Practice on Dismissal and Re-engagement, (6) company car advisory fuel rates from 1 June 2024, (7) an EAT decision finding a tribunal had applied the wrong test when considering liability of agents under the Equality Act 2010, (8) a Court of Appeal decision on the scope of contract worker discrimination, (9) a letter from the Chair of the Women and Equalities Committee setting out key the themes and conclusions of its inquiry into the rights of older people, (10) publication of the Inclusive Britain second update report, (11) the Paternity Leave (Bereavement) Act 2024, (12) a First Tier Tax Tribunal decision on CJRS claims, (13) the ‘falling’ of the Data Protection and Digital Information Bill in the General Election ‘wash-up’, (14) a successful High Court trade union strike out application of claims arising from a workforce reorganisation, (15) a High Court decision upholding the confidentiality of misappropriated documents, despite previous deployment in tribunal proceedings, (16) the Council of the EU adoption of the Corporate Sustainability Due Diligence Directive, (17) a new Practice Note from the Lexis+® UK Employment team tracking the main political party employment pledges and policies ahead of the General Election, (18) dates for your diary, (19) updates to our case tracker, legislation tracker and horizon scanner, and (20) new Q&As.

Pre-emption rights on allotment give each of a company's shareholders a mechanism to protect themselves from the dilution of their percentage shareholding in the company, where that may result from an allotment of shares, the grant of rights to subscribe for, or to convert securities into, shares or a sale of treasury shares in that company. This Practice Note covers the pre-emption rights that apply to an allotment of equity securities by an AIM company or a listed company, with a particular focus on those with a listing of equity shares in the equity shares (commercial companies) category. There are statutory pre-emption rights, which apply to all companies and are set out in the Companies Act 2006 (CA 2006). In addition, there are pre-emption rights set out in the UK Listing Rules (the UKLRs), which apply to certain listed companies, including a company listed in the commercial companies category. There may also be pre-emption rights set out in a company’s articles of association or any shareholders’ agreement to which the company is a party. It

This Resource Note outlines the main provisions of Rules 12, 13, 14, 15 and 16 of the AIM Rules for Companies (AIM Rules), which deal with the disclosure of corporate transactions by an AIM company. It highlights relevant materials, commentary and guidance from the London Stock Exchange (LSE), as well as Lexis+® UK analysis and resources, to give practical guidance on the interpretation and application of Rules 12, 13, 14, 15 and 16 of the AIM Rules. Material covered in this Resource Note include: • the AIM Rules • the AIM Rules for Nominated Advisers (Nomad Rules) • Inside AIM, the periodic publication from the AIM Regulation team • AIM Notices, which are issued periodically, and contain information on AIM regulatory and administrative matters • Lexis+® UK and Lexis®Library resources. Setting the scene • Rulebook: AIM Rules for Companies • What it covers: Rules 12 to 16 contain the disclosure and other requirements an AIM company must comply with when it undertakes a corporate transaction.

This week's edition of Corporate Crime weekly highlights includes analysis of the recently announced Independent Sentencing Review and the outcomes that can be expected from it, of the FCA’s updated internal whistleblowing policy following staff complaints and of some of the unique learning points from the failure to prevent fraud guidance and the likelihood of increased enforcement activity as a result of the offence. Also included is news of the new Supreme Court Rules and Practice Directions along with the launch of a new online case management system, of the EA’s guidance on appealing regulatory decisions and of a company being fined £1.6m for health and safety breaches. All this, and more, in this week’s Corporate Crime highlights.