Legal News

On 30 July 2024, the SFO released its Annual Report and Accounts for the 2023–2024 reporting year (the Annual Report). This came after the SFO named a new Director, Nick Ephgrave, on 25 September 2023, and after it set out a fresh 2024–2029 strategy in April 2024. Although those developments focused minds on what the SFO could deliver next, the Annual Report offers a chance to reflect on close to a year with a new Director and to take stock. Within it are clear wins and areas for progress, together with what the Director, in his opening statement, describes as ‘significant obstacles’ that the SFO must address. Taken together, the document invites consideration of performance to date and priorities for improvement under new leadership too......

Mergers The Commission has approved TPG Inc’s acquisition of sole control over Aareon AG ( M.11638) following a phase I review—see further, Midday Express. The Commission has also received notifications in: Hymlys II Holdings Limited/ Xiamen C& D Commodities/ JV ( M.11658) (simplified merger procedure) Fertinagro/ Ameropa/ Ameropa Biotech ( M.11516) (simplified merger procedure) CKI/ CKA/ Target Wind Farms and Assets ( M.11709) (simplified merger procedure) Note— For all ongoing merger inquiries before the Commission, see further, EU mergers—ongoing cases tracker. State aid The Commission has endorsed, under EU state aid rules, the following: two French measures (€6.3m and €3m) to back the construction of a rail motorway terminal near the port of Calais and a multimodal platform at the port of Sète—see further, Midday Express a German measure (€5bn) supporting European Semiconductor Manufacturing Company in building and running a microchip plant in...

New Risk & Compliance forecast as at 20 August 2024 Our Risk and Compliance outlook dated 20 August 2024 monitors proposed regulatory developments relevant to risk and compliance, helping you prepare and plan for any proposed alterations that may......

Mergers The Commission has given the green light to: the acquisition of joint control of Mainova Web House Gmb H by Mainova AG and Black Rock Inc ( M.11624) following a phase I review—see further, Midday Express the acquisition of joint control of Affini Pay LLC by Genstar Capital Partners LLC and TA Associates Management LP ( M.11640) after a phase I review—see further, Midday Express NOTE— For all active merger inquiries before the Commission, see further, EU mergers—ongoing cases tracker State aid The Commission has approved, under the EU State aid rules, a Danish scheme worth €20m to promote higher animal welfare standards for pigs—see further, Midday Express NOTE— For all live State aid decisions and live formal State aid investigations, see further, EU State aid decisions—ongoing cases tracker Upcoming dates For dates of forthcoming UK competition developments, see further, UK Competition calendar......

Bayerische Landesbank and another v Ruschemalliance LLC [2024] EWHC 1822 ( Comm) What are the practical implications of this case? In keeping with comparable determinations, this judgment succinctly sets out the jurisdictional thresholds and principal considerations the court applies when evaluating applications for anti‑suit injunctions. It underscores the judiciary’s practical bent and operates as a constructive illustration of inter‑court co‑ordination, projecting a clear signal where numerous contests flow from identical underlying events, even though such matters are dealt with at varying moments and tiers of the court structure. In sum, the outcome reasserts the English courts’ steadfast commitment to upholding arbitration, including in circumstances where the arbitral seat is situated in a foreign state. What was the background? In 2021, the defendant, Ruschemalliance LLC (“ RCA”), a Russian entity, entered into two Engineering, Procurement and Construction agreements for the development of liquefied natural gas and gas...

What are the practical implications of this judgment? In the wake of the Court of Justice’s decision in CHEZ, it was widely understood that associative indirect discrimination would fall within section 19 of the Equality Act 2010, as, before Brexit, UK statutes required interpretation in line with EU law. While there was a first instance employment tribunal ruling in Fellows, there were no appellate judgments verifying that section 19’s language could sensibly be read in that way. With effect from 1 January 2024, the Equality Act 2010 ( Amendment) Regulations 2023, SI 2023/1425, inserted a new section 19A to encompass associative indirect discrimination claims. This amendment expressly broadens protection against indirect discrimination to people who are subjected to ‘substantively the same disadvantage’ as the group affected, even if they do not share the pertinent protected...

Antitrust The CMA stated it has agreed a modification to the commitments that were previously accepted in November 2023 concerning Meta’s use of data (51013)......

Tokio Marine Kiln Insurance Ltd and MS Amlin Corporate Member Ltd argued that there was no loss of the aircraft under the war risks reinsurance policies Five newly disclosed defences lodged at the High Court on 7 August 2024 state that no loss of the aircraft occurred under the war risks reinsurance. The insurers maintained that, from the standpoint of the Russian companies leasing the jets, there had been no loss or damage to the aircraft and engines. On that basis, they said no insured event had arisen, as the cover stipulates that both the policyholder and the policy beneficiary must suffer a loss. The defences, filed for the underwriting members of the insurers’ syndicates, answer four claims concerning aircraft left in Russia after the invasion of Ukraine. Irish lessor Carlyle Aviation Management Ltd has brought proceedings against multiple insurers for US$88.5m to recover the value of one...

Antitrust CMA closes investigation into Google’s distribution of Android apps ahead of DMCC Act 2024; also rejects Google’s proposed commitments The CMA confirmed it has ended its probe into Google’s practices around the supply of apps on Android handsets in the United Kingdom. In particular, the case centred on worries that Google could be exploiting a dominant position by obliging developers offering in‑app digital content or services to use Google Play’s own billing mechanism exclusively. The CMA chose to discontinue the case owing to administrative priorities at this time, and has closed the investigation......

Our Practice Compliance forecast as at 20 August 2024 Monitors anticipated regulatory developments affecting law firm compliance, enabling you to prepare for any shifts that could impact your organisation and future planning needs......

To conclude, although ISO 42001 calls for many measures akin to those set out by the AI Act, the latter tends to be narrower and more detailed. Following the ISO framework will often assist with meeting legal duties, including under the AI Act, and in some circumstances could even be sufficient; however, this may prompt competent authorities to judge that ISO compliance is not the same as AI Act compliance, even where obligations intersect. Overlapping requirements, different focus ISO 42001 and the AI Act diverge conceptually and in their respective legal character significantly: ISO 42001 is a voluntary standard centred on organisational AI management and governance, whereas the AI Act is a mandatory regulation directed at product safety and oversight. Even so, ISO 42001 offers a practical baseline for tackling AI compliance efforts. For illustration, the AI Act demands that high‑risk AI systems enable automatic event logging...

Published on 16 August 2024, the terms of reference sets out the parameters and scope for the opening phase of its inquiry into the retirement savings sector, initiated on 20 July 2024 not long after the Labour Party’s victory in the 4 July general election. The inquiry aims to identify practical measures that might prompt pension plans to direct more capital into higher-risk yet high-growth domestic UK assets, including, for instance, infrastructure and start-ups......

Treadwell v Barton Turns Development Ltd [2024] EAT 137 What are the practical implications of this decision? The practical effect is that uncertainty endures as to whether a claimant can contend both that a co-worker imposed the detriment of dismissal and that the employer bears vicarious responsibility for that misconduct, even though the employer could not itself be personally liable for the detriment of dismissal. Pursuing such a formulation assists the claimant owing to the approach to causation, and because compensation for injury to feelings is available on a detriment claim but not for an unfair dismissal claim issued directly against the employer. In this appeal, HHJ Barklem indicates adherence to the unambiguous language of paragraph 91 in Osipov, which points to vicarious liability being capable of arising in these circumstances. That conclusion directly clashes with Bourne J’s judgment in Wicked Vision, which reached the...

The Court of Appeal of the Unified Patent Court found that the lower court had gone beyond the relief sought when it prohibited Sibio Technology UK, a competitor to Abbott Diabetes Care, from selling its devices in Ireland, which had merely signalled a non-binding intention to join the bloc's patent system. Ireland was not a contracting member state and therefore could not be treated as covered by Abbott's request for a preliminary injunction, the appellate court said. Abbott's unit, which sells its Free Style Libre devices for people with diabetes, sought a preliminary injunction in all contracting member states where the patent in issue was in force, namely the Netherlands, Germany, France, Ireland and the UK, according to the judgment. The first court held that ......

Jeralyn Alicante v Ahmad Abdulhammed Ahmad ET case number 2207015/20 Employment Judge Sarah Goodman, in a judgment published on 15 August 2024, found that Jeralyn Alicante, employed as a maid by diplomat Ahmad Abdulhammed Ahmad, is unable to pursue a claim against her employer based on forced labour or servitude. Under UK law, Ahmad enjoys immunity from civil proceedings save for claims within the scope of modern slavery, and Alicante contended that this exception should set aside his diplomatic protection. The tribunal, however, rejected that case, concluding that the manner in which Alicante was treated—although she was in the UK for part of her tenure with the diplomat—did not amount to servitude. Consequently, Ahmad’s diplomatic immunity remains effective, and the tribunal lacks the jurisdiction or authority to hear and determine the claims advanced before it in these...

Women Against State Pension Inequality ( WASPI) Women Against State Pension Inequality ( WASPI) said that Pensions Minister Emma Reynolds will meet with them once the parliamentary summer recess ends on 2 September 2024. The government has so far, to date, yet to issue a formal response to the Parliamentary and Health Service Ombudsman’s report, published in March 2024. That report determined that the Department for Work and Pensions ( DWP) did not sufficiently communicate to the public the legislative changes to the women’s state pension age, which has resulted in many female retirees losing out financially......

On 15 August 2024, consultancy Barnett Waddingham reported that its so-called end gauge, covering pension schemes linked to the UK's 350 largest listed companies, had lengthened from five years to 5.4 years. The measure serves as a barometer of long-term funding outlooks for pension schemes. This shift arrives despite a £475.5bn surplus in total across the UK's 5,050 defined benefit schemes in July 2024. ' As at 31 July 2024, the average time to buyout for FTSE350 defined benefit pension schemes has risen to 5.4 years,' Barnett Waddingham noted......

The ex-customer, Edward Mendez, asked the court in a 12 August 2024 reply brief to set aside an AAA arbitrator’s decision that favoured T‑ Mobile and to assume jurisdiction to hear his Federal Communications Act claim, alleging the company’s poor security led to the loss of almost US$240,000 in cryptocurrency. In responding to T‑ Mobile’s brief upholding the award, Mendez contended that the opacity of AAA arbitrations skews the process towards corporations, which can review an arbitrator’s history, while consumers ‘are kept in the dark’. ‘ This disparity creates a serious conflict of interest, because ruling against a corporation can effectively blacklist an arbitrator from future appointments, jeopardising their professional standing’, Mendez said. He cited the sole AAA arbitrator, Laura Reich of Harper Meyer LLP, who determined his case, arguing her decision overlooks a non‑waivable statutory duty imposed by the Federal...

These measures are marginally below the provisional levies the bloc previously applied to Chinese BEV imports in July 2024. Under the plan, the proposed tariffs will not be retroactive and the provisional charges will not be recovered at all. The anti-subsidy steps, forming part of the EU’s most far-reaching trade-defence inquiry, must be formally signed off by EU governments before taking effect at the end of October 2024. If adopted, every BEV built in China — including models from European and US marques — will be covered. The three Chinese exporters sampled for the EU review ( BYD, Geely and Saic) are set to receive individual rates of 17%, 19.3% and 36.3%, respectively, according to a proposal dated 20 August 2024 and seen by MLex. Firms that cooperated but were not in the sample will face a...

Re Estate of Constantin Mattas [2024] JRC068 What are the practical implications of this case? This was the central issue in the Jersey decision of Re Estate of Constantin Mattas, where the Royal Court of Jersey (‘ Royal Court’) drew on a range of authorities from England and Wales ( E& W) to reach its findings. A concise Jersey-oriented summary exists (see Case Analysis: Jersey Court rescues a charitable trust mixed with private purpose ( In Re Estate of Constantin Mattas)). This article focuses on what the case signifies for practitioners in E& W. In practical terms, courts in E& W faced with analogous circumstances—namely a ‘mixed’ charitable/non-charitable trust—may adopt a comparable pathway, considering: whether a trust was in fact constituted; whether any such trust is valid as a non-charitable trust; if so, whether it could also amount to a valid...