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In ESG

United Kingdom: Navigating in the eye of the ESG storm

by and 11 Mins Read

Baker McKenzie’s Joanna Ludlam and Jon McLeod of DRD Partnership set out how to deliver combined legal and communications response to contentious ESG challenges ‘The problem’ In today’s rapidly evolving business landscape, Environmental, Social, and Governance (ESG) considerations have become pivotal for organisations across all sectors. ESG has become an established framework that helps stakeholders understand how an organisation manages core risks and opportunities beyond traditional financial metrics. Under a broad spectrum of factors, businesses…

In Financial Conduct Authority

United Kingdom: Recent FCA enforcement action – Key takeaways for compliance officers

by , and 9 Mins Read

In brief On 13 February 2024, the FCA issued a Final Notice to Floris Jakobus Huisamen, the former director and compliance officer of London Capital & Finance plc (LCF), fining him GBP 31,800 and banning him from working in financial services in relation to misconduct connected to financial promotions issued by LCF. This Final Notice follows the FCA’s previous censure of LCF in October 2023 for connected behaviour. In this alert we draw out the key takeaways that compliance…

In Class Actions

First environmental class action brought under UK collective action regime

by and 3 Mins Read

A claim against one of the UK’s largest water companies for allegedly misleading regulators about the number of times it discharged sewage into waterways has been brought in the Competition Appeal Tribunal (CAT) on behalf of the company’s eight million customers. It is the first time the “opt out” collective action regime established by the Consumer Rights Act 2015 has been used to bring an environmental claim and marks a significant development in the ESG…

In Product Safety/Product Liability

European Union / United Kingdom: General Product Safety Directive – A new era of product safety for the EU

by and 7 Mins Read

In brief On 30 March 2023, Members of the European Parliament endorsed proposed reforms to the General Product Safety Directive (GPSD) in the form of a Regulation, intended to safeguard consumers. This new Regulation looks set to be one of the most significant updates to the EU’s product regulatory landscape in modern history – making substantial amendments to the GPSD, which has been in force for more than two decades. The objective of the Regulation…

In Class Actions

UK Competition Appeal Tribunal refused to certify £2,3bn Opt Out Class Action  

by 4 Mins Read

The UK Competition Appeal Tribunal (“CAT”) has refused to certify an opt out class application brought by Liza Gormsen in relation to the alleged abuse of a dominant position by a social networking platform. The application signified a trend in claims pursued in the UK, in which it is argued that certain activities of dominant companies that strictly appear to be consumer or data law issues in fact constitute “unfair trading conditions” and/ or “supplementary…

In Enforcement

Hague Judgments Convention 2019 to enter into force

by 7 Mins Read

It has been confirmed that the Hague Judgments Convention (“Convention”) will enter into force following the accession of the European Union (excluding Denmark) and the ratification by Ukraine on 29 August 2022. Under the terms of the Convention, the Convention will enter into force on the first day of the month following the expiry of 12 months after two states formally ratify or accede to it. The Convention will therefore take effect for the EU…

In Regulatory, Public and Media

Judicial Review and Courts Act 2022 receives Royal Assent

by and 3 Mins Read

The Judicial Review and Courts Act 2022 (the “Act”) received Royal Assent on 28 April 2022. The Act is based on the Judicial Review and Courts Bill (“Bill”) which was introduced to Parliament on 22 July 2021 after the Independent Review of Administrative Law (IRAL) had been carried out. The IRAL was established following the 2019 Conservative Party manifesto commitment that it would “ensure that judicial review is available to protect the rights of the…

In Mutual Recognition of Judgments

Post-Brexit regimes for recognition and enforcement of English judgments in the Netherlands and vice-versa

by and 20 Mins Read

Replacement of the Brussels Recast Regulation In brief The mutual recognition and enforcement of judgments in civil and commercial matters between the UK and the Netherlands used to be governed by the Brussels Recast Regulation. Today, post-Brexit, it is not an easy task to determine which rules apply. The key issue is whether the Convention between the Kingdom of the Netherlands and the United Kingdom of Great Britain and Northern Ireland providing for the Reciprocal…

In Regulatory, Public and Media

Human Rights Act Reform: Back to the future – a modern bill of rights?

by 6 Mins Read

IN BRIEF On 14 December 2021, the UK Government launched a consultation on proposals to reform the Human Rights Act 1998 (“HRA”) entitled “Human Rights Act Reform: A Modern Bill of Rights” (“Consultation”). The Consultation recently closed for most recipients, and its outcome could reshape existing constitutional norms and protections, as well as opening a path to the light-touch regulatory economy reportedly envisaged as part of the UK’s post-Brexit future. IN DEPTH (a) Background to…

In Class Actions

UK Tribunal refuses opt-out class action in forex class actions, confirming certification regime has teeth

by 3 Mins Read

Bucking the trend of recent certification decisions, the Competition Appeal Tribunal refused to grant an opt-out collective proceedings order in favour of either of the two competing proposed class representatives in the foreign exchange follow-on claims.[1] In a significant victory, the respondent banks succeeded in their argument that the claims brought by O’Higgins and Mr Evans should not proceed on an opt-out basis. The Tribunal has given O’Higgins and Evans three months to decide whether…

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