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Ethical investment meaning

What does Ethical investment mean?
In legal practice, ethical investment describes choosing or excluding investments by reference to non‑financial criteria—such as ethical, religious, environmental or social concerns—alongside conventional risk/return analysis. It is a descriptive term (often overlapping with “ESG” and “socially responsible investment”), not generally defined in UK or Irish legislation, though related concepts appear in pensions regulation and charity guidance. Key legal features focus on fiduciary duties. Trustees and other fiduciaries considers ethical factors where they are financially material, and may adopt non‑financial exclusions or preferences only consistently with duties to act for proper purposes and in beneficiaries’ best interests. For charities, case law permits ethical exclusions aligned with charitable objects where the financial consequences have been properly assessed (clarified by Butler‑Sloss) and subject to earlier principles (including Cowan v Scargill and Harries). Pension scheme trustees must set out in a statement of investment principles their policies on financially material considerations (including ESG) and stewardship, and may take account of members’ views where this does not risk significant financial detriment. Usage is broadly consistent across England & Wales, Scotland, Northern Ireland and Ireland, though statutory frameworks differ (for example, IORP II for Irish pensions). In practice, ethical investment appears in mandates, SIPs, charity investment policies and...
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NEWS
UK and EU financial services weekly briefing for lawyers: Spring Budget 2024, FCA supervision and enforcement, AML and sanctions, ESG, markets and fintech updates (7 March 2024)

In this issue: Spring Budget 2024 Brexit UK, EU and international regulators and bodies Authorisations, approvals and supervision Prudential requirements Financial crime and sanctions Complaints, compensation and claims handling Investigations, enforcement and discipline Capital markets regulation Benchmark regulation and IBOR reform Derivatives regulation Dispute resolution for financial services lawyers Sustainable finance and ESG Banks and mutuals Investment funds and asset management Insurance regulation Payment services and systems Fintech and cryptoassets Competition in financial services EEA Agreement Annex IX (Financial Services) Financial Services Enforcement Database Daily and weekly news alerts Intraday news alerts New and updated content Dates for your diary Spring Budget 2024 Spring Budget 2024—key Financial Services announcements In the Spring Budget 2024, the chancellor of the Exchequer, Jeremy Hunt, unveiled a suite of measures affecting financial services, including in particular the possible creation of a Private...

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NEWS
AI in UK telecoms: operational benefits, legal risks and compliance—Ofcom/ICO obligations, security measures and 2025 developments

What impact is AI having on the telecoms market? Increased operational efficiency Arguably the most frequently cited advantage of AI in telecoms is improved network effectiveness. It can be delivered in three principal ways: predictive maintenance—leveraging network data to foresee likely equipment faults before they happen, allowing preventative upkeep dynamic network management—automated systems can apportion resources in real time according to demand, boosting overall performance fault detection and resolution—AI-driven tools swiftly spot and diagnose network issues, propose remedies and support faster restoration Taken together, these measures deliver additional network efficiency and support enhanced performance. They also expedite fault resolution and enable preventative maintenance activities. Making customer support more efficient As a condition of operating in the UK, CSPs (especially those targeting residential customers) must comply with a suite of consumer protection rules (primarily contained in Ofcom’s General Conditions of Entitlement) covering areas such as customer support, complaints handling and accessibility. CSPs devote substantial resources to staff and systems...

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PRACTICE NOTES
ESG investing by trustees: navigating fiduciary duties, financial interests, greenwashing risks, beneficiary and settlor views, due diligence, and drafting options for ESG-friendly trusts

What is ESG Environmental, social and corporate governance (ESG) sets out benchmarks that socially minded investors use to evaluate how prospective investments affect the wider world: the environmental pillar considers a company’s care and stewardship of the natural environment the social pillar reviews the organisation’s ties with employees, suppliers, customers and other stakeholders the corporate governance pillar examines leadership, internal controls and shareholder rights ESG acts as a catch-all label for various forms of ethical investing. The measures and criteria applied to judge ESG investments differ across this developing area. With the intense attention on ESG, some offerings have faced allegations of ‘greenwashing’—a misleading tactic where marketing overstates an investment’s ESG credentials. This may cause a material fall in value if the company’s reputation is damaged... Why might trustees choose ESG investments Trustees may opt for ESG investments for several reasons, including: financial reasons, eg attractive returns or diversifying the portfolio moral and/or ethical reasons,...

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PRACTICE NOTES
Charity trustees and ethical investment: legal framework from Bishop of Oxford to Butler-Sloss and 2023 Charity Commission guidance (England and Wales)

Many charities seek to invest in ways that accord with their purposes, and public expectations have often driven a requirement for an ethical footing to investments. Although trustees can frequently do so in principle, this may pose serious challenges under trust and charity law where such choices do not deliver the strongest available return. This note outlines: a short overview of ethical investment; the former position on charity trustees adopting an ethical investment policy (still a key consideration); and the updated position following the Butler-Sloss case. What is an ethical investment? The key question is what counts as an ‘ethical’ investment? Earlier guidance from the Charity Commission provided a broad and useful description: ethical investment is a wide term that encompasses many different approaches to investment strategy. An ethical policy may involve seeking companies that exemplify best practice in areas such as environmental protection, employment and human rights, or businesses whose activities contribute directly to a cleaner environment or a healthier...

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PRACTICE NOTES
Arbitration in Brazil: Q&A Guide to Law, Institutions, Procedure, Interim Measures, Awards, Challenges, Recognition and Enforcement (May 2019)

The Getting the Deal Through Arbitration in Brazil guide adopts a Q&A layout and is refreshed annually. Current edition: May 2019. 1. Is your jurisdiction a contracting state to the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards? Since when has the Convention been in force? Were any declarations or notifications made under articles I, X and XI of the Convention? What other multilateral conventions relating to international commercial and investment arbitration is your country a party to? Brazil is a party to the New York Convention, having joined by way of Federal Decree No. 4,311/2002 on 23 July 2002. No declarations or notifications were submitted by the Brazilian government under articles I, X or XI. Brazil has also subscribed to the following multilateral instruments concerning international commercial arbitration: Geneva Protocol on Arbitration Clauses (1923) Panama Inter-American Convention on International Commercial Arbitration (1975) Montevideo Inter-American Convention on the Extraterritorial Enforcement of Foreign Court Decisions and Arbitral Awards (1979) ...

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PRECEDENTS
Trust investment clause limiting to ethical companies; Trustee Act 2000 s3 disapplied (England and Wales)

1 Funds presently held subject to this trust and in need of investment shall be invested in...

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PRECEDENTS
Ethical investment restriction: prohibition on trustees investing in specified non-ethical companies (England and Wales)

Notwithstanding the provisions of [ insert clause number granting the trustees authority to invest ] the said Trustees shall not (whether in exercise of the investment authority conferred by clause [ insert clause granting the trustees authority to invest ] or of the general power of investment contained in the Trustee Act of 2000, section 3) invest in the shares, stock, debentures, loan stock, or other securities of any company which is, or any of whose subsidiaries are, engaged in any of the following specified activities [ insert details ]...

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