<p>Filter Knowledge</p>

On 4 December 2024, the amending regulation in respect of the European Market Infrastructure Regulation ("EMIR 3.0") was published in the EU's Official Journal. EMIR 3.0 will come into force on 24 December 2024, 20 days after its publication in the Official Journal.

In Spain v London Steam-Ship Owners’ Mutual Insurance Association Ltd,¹ on 12 December 2024 the Court of Appeal upheld a Commercial Court ruling which refused to register and recognise a €855 million Spanish judgment issued against the London Steam-Ship Owners’ Mutual Insurance Association (the "Club"). The Spanish judgment was inconsistent with earlier arbitral awards issued in London in respect of the same dispute. In reaching this conclusion, the Court of Appeal recognised that the res judicata created by a binding arbitral award is essential in the legal order of the United Kingdom (UK), and therefore it would be manifestly contrary to public policy to recognise the inconsistent Spanish judgment in England & Wales.

Earlier this month, local authorities in England were granted a new power to help them reinvigorate their local towns: they can now hold rental auctions to arrange lettings of vacant high street and town centre properties. In this briefing, we answer 10 frequently asked questions about the new regime from the perspective of a landlord.

An Energy Performance Certificate ("EPC") is a certificate, issued by an energy assessor, which shows information about the energy efficiency of the property to which it relates. It is a multi-functional tool: on a practical level, it helps owners and investors to understand and improve the energy performance of their own properties, and can give prospective buyers and tenants an insight into their likely energy costs.

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An Australian court has held that bitcoin is personal property, in a way that highlights our concern that the Law Commission's Property (Digital Assets etc) Bill (the Bill), presently going through Parliament, will create an unhelpful "fork" in the international legal treatment of cryptoassets.

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A regular briefing for the alternative asset management industry. 

The Older People’s Housing Taskforce published their long-awaited report entitled 'Our Future Homes: Housing that promotes wellbeing and community for an ageing population' on 26 November 2024. Its intention is to explore how best to support people to live well and longer in an age-friendly home and neighbourhood of their choice.

The Economic Crime and Corporate Transparency Act 2023 introduces a new strict liability 'failure to prevent fraud' offence (the "FTPF Offence") in the UK. The FTPF Offence will come into effect on 1 September 2025.

The Supreme Court's long-awaited judgment in SkyKick v Sky has made it easier to challenge trade mark registrations in relation to overly broad classes of goods and services on the basis that they were applied for in bad faith. This briefing provides an overview of this significant decision and what it means for trade mark owners.    

The Terrorism (Protection of Premises) Bill, also known as Martyn's Law in honour of Martyn Hett who died in the 2017 Manchester Arena attack, will when enacted improve the UK's security by obliging those responsible for certain premises and events to plan how they would respond to a terrorist attack in or near to their property. Persons responsible for larger premises and events must also take steps to reduce the property's vulnerability to terrorist attacks.

Since our last briefing, there have been several significant tax developments which affect the real estate sector. The new Labour Government's first Budget included welcome confirmation that it will press on with introducing a new form of investment fund (the RIF) that is expected to be particularly attractive for investment in commercial real estate, and proposals for significant reform to the tax treatment of carried interest.

A regular briefing for the alternative asset management industry. 

The first ever judgment on the UK Government's application of the National Security and Investment Act 2021 ('NSIA') has been handed down. With a focus on the procedural aspects of the review, the High Court upheld the Government's decision to require LetterOne (ultimately owned by Russian nationals, including individuals subject to UK sanctions) to divest the entirety of its shareholding in Upp, a fibre broadband start-up. 

In this edition, we focus on the infrastructure implications of the new Labour Government's first Budget, including for energy, vehicles, telecoms, housing and major projects.  We also look at new initiatives affecting the UK water industry and UK infrastructure investment more generally.  Please get in touch if you would like to discuss any of the issues discussed below.