Recent Articles

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  09/05/2024

  United Kingdom

  Terrorism (Protection of Premises) Bill

  In May 2017, the Manchester Arena was subject to a terrorist attack which killed 22 people and injured 1,017 others. Martyn Hett, who was 29 at the time, was amongst those killed. Since 2017, there have been a further 14 terror attacks in the UK. In response to this complex, evolving and enduring threat picture, the Government has developed the Terrorism (Protection of Premises) Bill, also known as ‘Martyn’s law’.The Premise of Martyn’s LawMartyn’s Law is expected to become legislation as part of the 2023-2024 parliamentary session, which runs until October 2024. If...

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  09/05/2024

  Scotland

  Facilitating Marine Restoration – How Best to Ensure Success

  Marine restoration activities have been highlighted in the press recently particularly the successful oyster restoration project in the Firth of Forth. So far many restoration projects in Scottish waters are principally small projects led by communities that seek to (re)create a habitat or introduce a previously decimated species. It has been highlighted to the Scottish Government by those looking to initiate larger scale restoration projects that there are two key challenges to a project’s namely: (i) a complicated consenting process which does not specifically cover restoration; and (ii)...

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  08/05/2024

  England and Wales

  The Leasehold and Freehold Reform Bill – the latest developments in the House of Lords

  SummaryFollowing publication of the Leasehold and Freehold Reform Bill (the “Bill”) on 27 November 2023, the Bill has been progressing through the legislative process and the latest iteration was published on 1 May 2024, showing the amendments made to date by the House of Lords following its Committee Stage which we consider further below.The Bill will still need to be subject to a third reading in the House of Lords before being passed back to the Commons to consider the amendments made, with both Houses needing to agree the final form before it achieves Royal Assent. Nevertheless,...

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  07/05/2024

  United Kingdom

  JCT 2024: a closer look

  The official launch of the JCT’s 2024 suite was held last week, focusing on the recently published Design and Build Contract, Sub-Contract and Guide. Updated contracts for the remainder of the suite are to follow over the course of this year. In this Law-Now, we take a detailed look at the new Design and Build Contract and the legal and market developments behind the changes made. We also explore the areas in which these developments have not been addressed.Modernisation, collaboration and sustainability  The JCT DB 2024 has given a firm nod to the Construction Playbook and calls for...

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  07/05/2024

  International

  Energy and climate change: The most significant climate change litigation decision yet?

  In Verein KlimaSeniorinnen Schweiz and Others v. Switzerland (application no. 53600/20), the European Court of Human Rights (ECtHR) issued arguably the most impactful and far-reaching ruling on climate change by any European court. The decision has the potential to impact individuals, businesses, and governments in a radical way by casting the law (and courts) rather than governments (and parliaments) as the ultimate body responsible for deciding whether public authority action and inaction are appropriate in the context of climate change. Furthermore, if NGOs determine that a public authority...

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  07/05/2024

  Luxembourg

  CSSF publishes Q&A on the new requirements for credit institutions on Lombard credit

  On 29 March 2024, the CSSF released a question and answer regarding the provisions of Circular CSSF 22/824 (the “CSSF Q&A”) for the application of the Guidelines of the European Banking Authority on Loan Origination and Monitoring (the “EBA Guidelines”). Under the CSSF Q&A, Lombard loans mean loans collateralised by securities pledged for the benefit of the lending institution, which may enforce the pledge and sell the collateral in the case of a breach of the terms of the loan agreement by the borrower. The pledged securities must be sufficiently diversified...

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