Knowledge Notes

UK Knowledge Collection | The impact of the NS&I Act on deals, sustainability litigation risk, and crypto

Published on 24th Feb 2023

Welcome to this week's Knowledge Collection

Illuminated office buildings

It has been over a year since the National Security and Investment Act came into force, creating a new regime for the UK government to intervene in a broad range of transactions on national security grounds. Our webinar next month considers the impact of the regime on businesses and how it affects their corporate transactions, and looks at the approach of the Investment Security Unit (set up under the Act).

April brings a new requirement for suppliers to the NHS to comply with net zero commitments, to be demonstrated in a carbon reduction plan. This is the first in a series of increasingly stringent milestones set in the NHS's supplier roadmap.

The risk of litigation or regulatory action on sustainability issues is increasing for businesses. Our disputes week of webinars next month includes sessions exploring the risks of greenwashing and an overview of litigation on environmental and human rights due diligence and reporting issues in Europe, and how this may inform businesses' approach to managing risk. Regulators' focus on green claims is considered in our advertising and marketing webinar, also taking place in March.

The impact of blockchain technology continues to be a developing topic, as hype about the next generation of the internet (Web3) grows, our Insight considers the potential regulatory issues for advertisers. Our technology disputes webinar looks at developments in crypto disputes, including in connection with enforcement and recovery. And we consider whether cryptoassets could have a role in employee remuneration as the UK Parliament grapples with regulating them.

And finally, our international employment panel half-day event returns (in person in London and also online) next month, covering a range of immigration and employment law developments.


UK Supreme Court reinstates residential landlords' discretion to apportion service charges

In a long awaited decision, the Supreme Court has overturned the Court of Appeal and decided that the landlord was able to reapportion service charge contributions and depart from the fixed percentages in the leases on grant, where the leases allowed for landlord discretion. It will be welcomed by landlords.

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'Senior living' in the UK: what are the benefits of (and barriers to) development?

Senior living developments present an opportunity to meet demand, ease the healthcare and housing crises and decarbonise the housing sector but despite their wide-ranging benefits, they face a number of barriers throughout the development process, including planning and tax.

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UK NHS suppliers required to commit to net zero by 2050 or lose out on future contract opportunities

From April 2023, in every procurement for a contract above £5 million per year, the NHS will seek an express commitment from bidders to reach net zero by 2050. This commitment needs to be demonstrated by a bidder in a carbon reduction plan.

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Is there a role for cryptoassets in the future of employee remuneration in the UK?

As regulators contend with how to regulate cryptoassets, their role as a form of remuneration may develop – though there are considerable legal, tax and practical issues for employers to overcome.

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How advertisers need to get ahead of the Web3 evolution and its legal ramifications

Web3 may open the door to new models for online ad targeting. However, concerns around regulatory compliance will need to be addressed, and advertisers engaging with online Web3 content may need to adapt their approach and mindset.

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Dipping into Data | Beyond privacy: a new era for UK and EU data regulation

27 February | 16:00-16:30

An overview of the UK and the EU's strategies for facilitating increased sharing, access to and reuse of data to encourage innovation and drive economic growth – with a look at data regulation, how it differs between the UK and the EU, and what it means for business.

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National Security and Investment Act - one year on

15 March | 09:30-10:30

A look back at the first 12 months of the National Security and Investment Act 2021. We will explore the impact of the Act so far, trends that are forming in terms of sanctions and conditions issued, and give some practical tips on how best to navigate the regime when undertaking an M&A or other corporate transaction within the Act's scope.

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International Employment Panel Discussion

21 March | 12:30-19:00

Our half-day programme, taking place both in-person in London and online, will consider employment-related issues, opportunities and challenges facing businesses and organisations across a variety of sectors and jurisdictions over the coming 12 months. There will be two separate panel sessions, and for those attending in person, networking opportunities and the chance to discuss specific employment and immigration issues with our international experts.

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Advertising and Marketing | Media and Entertainment Webinar Series 2023

23 March | 10:30-11:30

This webinar will consider areas of regulatory focus, including the use of social influencers and greenwashing, the legal issues that arise from innovative new tech within advertising campaigns – such as the use of the metaverse and avatars, 3D-advertising screens and deepfakes – and how to avoid potential legal pitfalls.

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Disputes Week | 27-31 March

A series of webinars, videos and podcasts aimed at helping organisations navigate and find creative commercial solutions to the changing pressures of managing risk and disputes:

  • Sustainability litigation | Risks of greenwashing: misrepresentation by any other name | 27 March 2023 | 09:30-10:30
  • Economic disruption: protecting your position | 27 March | 16:00-17:00
  • Getting the most out of mediation | 28 March | 09:30-10:30
  • Top tips to manage complex and international litigation effectively and strategically | 28 March  | 12:00-13:00
  • Handling parallel proceedings and lessons learnt for future litigation | 28 March  | 16:00-17:00
  • De-risking litigation for your bottom line | 29 March  | 09:30-10:30
  • Navigating insolvency: strategies and pitfalls for commercial landlords and tenants | 29 March  | 12:00-13:00
  • Regulatory investigations: what do they mean for you and your business? | 29 March  | 16:00-17:00
  • Sustainability litigation: European insights | 30 March | 09:30-10:30
  • IP enforcement in the digital landscape: social media, platforms and the metaverse | 30 March | 12:00-13:00
  • Arbitration is the answer for international commercial and construction disputes: true or false? | 30 March | 16:00-17:00
  • Technology disputes: all you need to know for 2023 | 31 March | 09:30-10:30

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* This article is current as of the date of its publication and does not necessarily reflect the present state of the law or relevant regulation.

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