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• Out-Law from Pinsent Masons
  Latest news, insight and analysis from Pinsent Masons
  
  
• Industry guidance could support UK pensions investment plans, say experts
  The UK government has been called on to provide guidance to those administering UK pension schemes, to help them meet their fiduciary duties when investing pension funds in projects designed to catalyse the UK economy.
  
  
• Doing business in the UAE: distribution of products without a local agent
  The UAE Commercial Agencies Law (Federal Law No. 3 of 2022) gives global companies a unique opportunity to distribute their products in the UAE without the need to appoint a local agent, enhancing the UAE’s reputation as a business-friendly hub for international trade.
  
  
• CMA prepares for revamped UK consumer protection regime
  Businesses active in the UK should take note of, and may wish to participate in, the Competition and Markets Authority’s (CMA) public consultations on draft guidance that explain how strong new consumer protection enforcement powers and expanded consumer rights may apply in practice, experts have said.
  
  
• Independent investigations central to UK’s ‘failure to prevent fraud’ offence, says lawyer
  Neil McInnes tells HRNews about complying with the new offence of ‘failure to prevent fraud’ in force from 1 September 2025.
  
  
• New UK Procurement Act procedures offer greater flexibility
  The Procurement Act 2023 provides greater flexibility, replacing existing procurement procedures with a new competitive flexible procedure (CFP).
  
  
• HR manager’s £100,000 invoice fraud a warning to firms, says lawyer
  Andrew Herring tells HRNews about conducting investigations in cases of suspected insider fraud.
  
  
• DORA applies from today with ‘challenging new requirements’ for businesses
  Businesses in the European financial sector will have to meet stricter requirements in the areas of cyber security, information and communication technology (ICT) and digital operational resilience following the entry into force of a new regulatory regime.
  
  
• UK Football Governance Bill approaches biggest test in parliament
  The UK government’s pending Football Governance Bill should have a smooth passage to become law before summer if it passes the next major test in parliament.
  
  
• Biotech’s UK SPCs application fails over nature of ‘active ingredients’
  A new ruling provides important guidance to pharmaceutical companies on when a medicinal product can be deemed a combination of active ingredients and shows that what companies disclose in regulatory documents can influence whether those products are eligible for SPCs, experts have said.
  
  
• CMA opens first designation proceeding under new UK digital competition rules
  The UK’s Competition and Markets Authority (CMA) has initiated its first ever designation investigation under the country’s new digital markets competition regime.
  
  
• HR manager jailed for 3 years after £100k invoice fraud
  Andrew Herring tells HRNews about spotting the warning signs of insider fraud.
  
  
• Pressure mounts for UK’s finance sector to tackle DEI failings
  Shuabe Shabudin tells HRNews about practical ways to improve racial and ethnic diversity in the workplace.
  
  
• Key role for HR ahead of UK’s new umbrella company tax rules
  Penny Simmons tells HRNews about new rules to combat umbrella company tax avoidance in force from April 2026 and HR’s role.
  
  
• ICO issues guidance on using AI tools in recruitment
  Stephanie Paton tells HRNews about recommendations by the UK’s data regulator on the use of AI in recruitment.
  
  
• Operational real estate: an introduction to management agreements
  Real estate investors are seeking to diversify returns from their property portfolio by operating them. Returns can be boosted where returns are directly linked to the revenues and profits of well-run businesses conducted on or from the premises. This operational real estate model may be an attractive alternative to traditional lease arrangements for some real estate businesses.
  
  
• How AI can deliver cheaper, more effective compliance as regulation proliferates
  Artificial intelligence (AI) is helping companies get their arms around the fast-growing range of regulation they face and is becoming an essential way for them to make their compliance more consistent, more efficient and more effective.
  
  
• UK copyright reform ‘could expose AI developers to mass claims’
  Plans to force AI developers to disclose what content they use to train their AI models could support a new wave of mass claims litigation by content creators, an expert in intellectual property law has said.
  
  
• LCIA report highlights cost effectiveness and efficiency
  Recent London Court of International Arbitration (LCIA) analysis highlights the institution’s cost-effectiveness and efficiency, making it a preferred choice for high-value disputes, an expert has said.
  
  
• Laws to disrupt ransomware payments considered in the UK
  Businesses that fall victim to so-called ransomware attacks could face a new legal duty to disclose their intention to pay cyber criminals to restore their access to systems and data, under plans outlined by the UK government.
  
  
• Luxembourg law addresses EU AI Act enforcement
  A new law in Luxembourg has been proposed that would give the country’s data protection authority and a range of other sectoral regulators powers to enforce compliance with the EU AI Act.
  
  
• Insurers’ cyber resilience under PRA spotlight in 2025
  New policy to guide how insurers and other financial services firms manage technology and cyber risks will be developed by UK regulators later this year, according to the Prudential Regulation Authority (PRA).
  
  
• Law ‘must continue to evolve’ in line with a rapid shift towards a digital society
  A recent High Court of England and Wales decision highlights the speed at which the law is continuing to evolve and must continue to, so that it can properly deal with digital assets such as cryptocurrency, an expert has said.
  
  
• UK AI action plan provides for shift in regulatory approach
  The UK should move to a more centralised system for the regulation of AI if sector regulators fail to sufficiently promote innovation in the way they carry out their duties, a prominent businessman has recommended.
  
  
• EU ‘Omnibus simplification package’ on ESG reporting to be introduced in February
  The European Commission will examine the CSRD, CSDDD, and EU Taxonomy to reduce red tape and condense reporting obligations in an ‘Omnibus package’ expected by the end of February.
  
  
• UAE businesses must act now ahead of climate change law
  Businesses across the United Arab Emirates (UAE) should begin preparations now to ensure compliance before the new law “On the Reduction of Climate Change Effects� comes into force.
  
  
• Data centre development at the centre of UK AI plan
  The government could alter planning guidance to immediately facilitate the development of new data centres it seeks to drive its ambitions for AI-enabled growth, a planning law expert has said.
  
  
• The regulation of AI in UK insurance: an introductory guide
  The UK has chosen to take a less centralised approach to the regulation of artificial intelligence (AI) than the EU. Financial services regulators are monitoring the growth in the adoption of AI within financial services sectors and working within their existing regulatory frameworks to supervise it.
  
  
• Tax reforms to encourage investments in Luxembourg
  Recent reforms of Luxembourg’s tax law are expected to make the jurisdiction more competitive for investors and international businesses, tax experts have said. The reforms aim to improve tax certainty and promote a modern and sustainable domestic tax environment.
  
  
• HMRC introduces new R&D relief correction process
  HM Revenue and Customs’ (HMRC) new specialist research and development (R&D) disclosure facility provides a structured process for businesses to correct their tax filings and repay any overpaid credits or additional corporate tax due.
  
  
• Colluding bidders for UK public contracts risk debarment in 2025
  Businesses that collude with one another to try to secure certain UK public contracts risk being barred from being awarded those contracts when new rules take effect next month, experts have warned, after a regulator confirmed that it is using AI to monitor for the activity.
  
  
• Irish third country investment screening regime takes effect
  The commencement of Ireland’s new third country investment screening regime means that notifiable transactions may not complete without clearance, marking a significant development in Ireland’s investment landscape, experts have said.
  
  
• ‘High water marking’ provisions on the rise in UK mid-market leveraged financings
  Following a year mostly fuelled by refinancing and re-capitalisations, as interest rates continue to fall, acquisition finance looks set to rebound in the first half of 2025 with a resurgence of cheaper debt.
  
  
• UK tipped to follow EU and Australia on public country-by-country tax reporting
  The UK is likely to require major multinational businesses to disclose publicly how much tax they pay in each country they operate in, following on from the EU and Australia in doing so, tax experts have said.
  
  
• HMRC reminds charities of VAT treatment for non-business income
  Organisations in the UK’s charitable and not-for-profit sectors must pay close attention to the treatment of value added tax (VAT) for their non-business income, as HM Revenue and Customs (HMRC) has highlighted the differences between business and non-business activities for VAT recovery in a recent letter to the sector.
  
  
• Adjudication can be used for Defective Premises Act and tortious claims, rules High Court
  A recent ruling in England and Wales highlights how claims beyond those arising under construction contracts will be presumed to be capable of being referred to an adjudicator – unless parties specify otherwise in their agreements, an expert has said.
  
  
• ‘Hotelisation’ of real estate brings benefits to businesses
  Real estate businesses that embrace the ‘hotelisation’ of their assets by turning buildings into mixed-used hospitality-led venues can benefit from more resilient, profitable and sustainable buildings, legal experts have said.
  
  
• UK financial services will see a year of change in 2025
  Financial services firms are used to seeing regulatory change, but 2025 promises to be a year in which the UK regulatory landscape evolves more than usual and can be expected to continue evolving beyond the end of this year.
  
  
• Skills England must deliver the change UK employers need
  UK employers need Skills England to succeed in addressing the challenges it has identified with the current skills system in the country, if they are to help the government achieve its broader missions of improving economic growth and breaking down barriers to opportunity.
  
  
• UK ruling clarifies ‘good arguable case’ threshold for freezing injunction
  A recent judgment by the Court of Appeal provides long-awaited clarity to the threshold to be met in demonstrating a “good arguable case� when seeking to obtain a worldwide freezing order (WFO).
  
  
• UK data protection law facing scrutiny and reform in 2025
  Businesses could see material changes to UK data protection laws in 2025 at a time when the compatibility of those laws with equivalent legislation in the EU will be under scrutiny.
  
  
• Ireland’s CCPC confirmed in EU Data Governance Act role
  The Competition and Consumer Protection Commission (CCPC) has been confirmed as Ireland’s regulator for overseeing compliance with the Data Governance Act (DGA) – an EU law that promotes greater data sharing by businesses and public bodies.
  
  
• Omani media law brings new era of digital media regulation
  A new law that has come into effect in Oman heralds a new era of digital media regulation in the country, experts have said.
  
  
• Report offers businesses help with arbitration strategies, say experts
  A new report can help businesses develop robust data-led strategies for successfully resolving disputes through arbitration, experts have said.
  
  
• Landlord’s repudiatory breach entitled tenant to terminate lease agreement
  A recent ruling could embolden tenants in disputes over their rights under lease agreements and should spur landlords to review those agreements and clarify any uncertainties over what activity is permitted under them, experts in property dispute resolution have said.
  
  
• ESMA consults on new rules for open-ended loan originating funds
  New rules being consulted on by the European Securities and Markets Authority (ESMA) should help fund managers manage risks from operating open-ended loan-originating alternative investment funds (AIFs), an expert has said.
  
  
• Qatar arbitration boosted with QICCA rules update
  Modernised arbitration rules introduced by the Qatar International Centre for Conciliation and Arbitration (QICCA) have come into effect.
  
  
• FCA plans product information reforms for consumer composite investments
  The Financial Conduct Authority (FCA) is consulting on product information requirements for so-called consumer composite investments (CCIs) in what forms part of a wider effort to streamline regulation in UK financial services post-Brexit.
  
  
• Drug spending study demonstrates disconnected approach
  A recent study on the population-health impact of new drugs demonstrates a disconnected economist-driven approach to the benefits that such drugs provide, experts have said.
  
  
• FCA proposes admission and disclosures regime for regulating cryptoassets
  Further details of the UK Financial Conduct Authority’s (FCA’s) proposed regulatory regime for cryptoassets have been published in a new discussion paper, covering admission to trading, disclosures and market abuse.
  
  
• Hong Kong security of payment bill is ‘significant step’ for construction sector
  The enactment of the Construction Industry Security of Payment Bill will enhance the financial stability and efficiency of the construction industry in Hong Kong, an expert has said.
  
  
• Pharma companies get some clarity on SPCs for combination products
  Pharmaceutical companies have obtained clarity that so-called combination products are not precluded from obtaining supplementary protection certificates (SPCs) following a new ruling by the EU’s highest court.
  
  
• Revised EU product liability regime expands to AI software providers
  Technology companies offering products and services in the EU will need to prepare for significant changes to be brought in by the new Product Liability Directive which has broadened the definition of a ‘product’ to include software, with artificial intelligence (AI) systems being an example.
  
  
• Procurement Act: new risks require careful contractor navigation
  The UK’s new procurement regime offers a lot to cheer about but also introduces risks requiring the careful attention of government suppliers
  
  
• HAR1 contract announcement ‘huge milestone’ for UK hydrogen sector
  The Low Carbon Contracts Company’s (LCCC) signing of the first three pioneering hydrogen production contracts under its first hydrogen allocation round (HAR1) is a huge milestone for the low-carbon hydrogen sector in the UK, an expert has said.
  
  
• Court of Appeal “crowded marketâ€� ruling clarifies trade mark infringement considerations
  A recent judgment by the Court of Appeal in London helpfully pulls together existing principles of trade mark law to clarify that market context, including the existence of a crowded market, will be taken into account when assessing infringement.
  
  
• Construction sector challenges expected during 2025
  Current trends suggest that the UK economy is on “recession watch�, with this reflecting an overall contraction for both the economy as a whole and construction specifically as we head into 2025.
  
  
• UK government establishes pilot domestic corruption unit
  The UK government has unveiled its plan to develop a new anti-corruption strategy, with a newly established pilot unit playing a central role in delivering the policy and ensuring stronger, more effective action against corrupt individuals.
  
  
• Australian employers must be familiar with fixed term contract limitations
  Employers should use caution when considering the outcome of a recent Federal Court of Australia decision on fixed term contracts and employee dismissal claims, an expert has said.
  
  
• Offshore electricity workplace safety duties harsher after rule changes
  New regulations introduced by the Australian federal government have extended the consultation, compliance and safety notification obligations of companies and officers involved in offshore wind projects.
  
  
• CATO regime will drive innovation and improve efficiency
  The introduction of the Competitively Appointed Transmission Owners (CATO) regime could improve investment efficiency, drive innovative solutions, and reduce costs, saving consumers up to £1 billion by 2050.
  
  
• Understanding ‘bankability’ assessments in infrastructure needs a wide lens
  Bankability is key in the world of infrastructure and energy investment, as it indicates whether or not a risk is acceptable to third party lenders who are generally considered to be cautious by nature.
  
  
• Price review to spur major investment in water infrastructure
  Major improvements to water and wastewater infrastructure in England and Wales are expected to follow from a regulatory price review that allows many water companies to increase customer bills by more than a third over the next five years.
  
  
• Dyson to face human rights abuse claims in the UK
  Judges have ruled that claims made by a group of workers in a Malaysian factory that formed part of Dyson UK’s supply chain should be heard before the courts in England and Wales and not Malaysia.
  
  
• Tax decision a reminder of wide exclusion from SDLT group relief
  A recent Upper Tribunal (Tax and Chancery Chamber) decision serves as an important reminder to corporate taxpayers that there is a wide exclusion from English stamp duty land tax (SDLT) group relief that needs to be taken into account, experts have said.
  
  
• How UK universities are impacted by climate and sustainability reporting requirements
  UK universities can expect to have to make disclosures about the sustainability of their operations in line with international standards years before they will be legally obliged to do so, to continue to access finance and meet the expectations of students.
  
  
• EDPB opinion spurs need for GDPR AI adaptability, say experts
  Policymakers should consider how data protection law in Europe can be adapted to better support AI development in light of a new opinion issued by the European Data Protection Board (EDPB), experts have said.
  
  
• Professional advice plays key role for preventing insolvent trading under Australia’s new guidance
  Company directors in Australia need to be aware of updated regulatory guidance on preventing insolvent trading, particularly enhanced provisions on when they can use the safe harbour defence to protect themselves from insolvent trading liability.
  
  
• Doubling of tribunal time limits will shift focus to ADR, says lawyer
  Rececca Sulley tells HRNews about the different types of employment dispute resolution procedures available in the UK and the pros and cons of each.
  
  
• Home Office confirms full rollout of eVisas delayed until 31 March 2025
  Shara Pledger tells HRNews about the impact on employers of the delay to the rollout of the UK government’s digital immigration system.
  
  
• Key role for HR ahead of UK’s new ‘failure to prevent fraud’ offence, says lawyer
  Neil McInnes tells HRNews about HR’s role in preparing businesses for the new offence of failing to prevent fraud in force from 1 September 2025.
  
  

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