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The latest legal blog posts from Mills & Reeve.

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Procurement Act 2023: 28 October 2024 implementation and new transitional guidance

The Government has this week announced 28 October 2024 as the expected “go live” date for the Procurement Act 2023 and published a further guidance document on transitional implementation of the Act...

Robert Renfree

Tue, 23 Apr 2024 16:57:25 GMT+01:00

Top tips on travelling abroad with children after separation

As summer approaches, for many families the thought of a holiday abroad will doubtless be on their minds. Planning a holiday can be challenging, particularly for separated parents, as a lot more needs to be considered.

Rose-Marie Drury

Tue, 23 Apr 2024 15:33:54 GMT+01:00

The Procurement Act 2023: “go live” date announced

The government has confirmed the 'go-live' date of the Procurement Act 2023 and published guidance on transitional arrangements...

Jenny Beresford-Jones

Tue, 23 Apr 2024 15:05:42 GMT+01:00

Have you checked your check-off compliance?

New check-off rules are coming into effect across most of the public sector on 9 May...

Abisola Latunji-Cockbill

Tue, 23 Apr 2024 15:02:54 GMT+01:00

The Intersection of Climate Change and Human Rights: Insights from a Recent European Court of Human Rights Ruling

As we commemorate Earth Day 2024, we contemplate the recent landmark ruling by the European Court of Human Rights (ECtHR). The ruling, which held that governments have a duty to mitigate against climate change and failure to do so is a breach of the European Convention on Human Rights (ECHR), serves as a poignant reminder that the consequences of climate change extend beyond mere physical effects. The impact encompasses our fundamental rights, health, well-being, and quality of life.

Judith Houston

Mon, 22 Apr 2024 12:53:38 GMT+01:00

Duty of Candour review: call for evidence

The Department of Health and Social Care launches call for evidence seeking views on the statutory duty of candour...

Tania Richards

Mon, 22 Apr 2024 12:18:48 GMT+01:00

Mental Health Act reform and CQC’s annual report on the use of the Act

Spring has seen two important publications for the mental health sector whether you are a commissioner or provider of mental health services in the NHS or the independent sector...

Tania Richards

Mon, 22 Apr 2024 11:24:25 GMT+01:00

Building safety: Applying for a building assessment certificate

It has been announced that the Building Safety Regulator will start to require principal accountable persons of existing Higher-Risk Buildings to apply for a Building Assessment Certificate.

Alison Garrett

Sun, 21 Apr 2024 11:48:49 GMT+01:00

Food and Agri Update - 19th April

A summary round up of the last couple of weeks. New research published by the ASA on environmental claims in the food sector and key recommendations for the future; regenerative farming and eco-label consultation referenced. Recent ruling also looks at 'subject to availability' in ads. FSA looks at the cost of living crisis for consumers. Scottish consultation on colony caged chickens may divide the UK for eggs. PFAS chemicals in our fruit and veg and CBD judicial review. April is stress awareness month for health and safety and a reminder on keeping rights of way safe from livestock.

Jessica Burt

Fri, 19 Apr 2024 18:17:00 GMT+01:00

ASA Environmental Claims in Food advertising – Further Scrutiny expected from July 2024

An overview of recent research findings and recommendations is provided. Although the Advertising Standards Authority (ASA) concluded there was no widespread need for enforcement action to bring claims into compliance with the advertising rules in the food sector, they would none the less be providing for additional monitoring and follow-up engagement from July 2024. Guidance was also to be provided on the use of the term 'regenerative farming' and preparation towards a consultation on a food eco-labelling scheme.

Jessica Burt

Fri, 19 Apr 2024 17:22:21 GMT+01:00

Agricultural Landlord and Tenant Code of Practice – are there lessons to be learned from over the hedge?

Defra recently published the Agricultural Landlord and Tenant Code of Practice for England, which seeks to promote positive relationships between landlords and tenants and called for evidence on the need for a tenant farming commissioner. With this in mind, Emily Horn, an Associate in the Agriculture team, explores the role of the Scottish Tenant Farming Commissioner.

Emily Horn

Fri, 19 Apr 2024 14:45:33 GMT+01:00

Trade union law ruled incompatible with Human Rights Convention

Supreme Court ruling explains why Government needs to improve legal protection for striking workers...

Charles Pigott

Thu, 18 Apr 2024 15:47:43 GMT+01:00

Diagnosing opportunities

Independent healthcare providers have made a significant contribution to enhancing capacity and productivity in diagnostics...

Tania Richards

Thu, 18 Apr 2024 15:46:23 GMT+01:00

How grandparents can formalise their status where they are caring for a grandchild

In our third blog in our series on grandparents’ rights, we consider how a grandparent can formalise their status as long-term primary carers for their grandchildren.

Stephanie Huxley-Churms

Thu, 18 Apr 2024 13:08:56 GMT+01:00

Ofsted learnings: is one word still enough?

The Care Quality Commission has confirmed it will learn lessons from the death of Caversham Primary School head teacher, Ruth Perry, who took her own life after an Ofsted inspection...

Amanda Narkiewicz

Wed, 17 Apr 2024 15:27:20 GMT+01:00

Data Subject Access Requests are not a proxy for pre-litigation disclosure

Understanding the limits of Data Subject Access Requests...

Claire Williams

Mon, 15 Apr 2024 13:21:17 GMT+01:00

Trending topics for family and children law in 2024

The landscape of UK family law is evolving, with a few changes on the horizon. From the transparency reporting pilot to financial remedy review, this blog explores the impact of these developments on families and individuals

Jane Ingleby

Mon, 15 Apr 2024 10:18:04 GMT+01:00

What rights do grandparents have when a parent has died?

Following a separation, the presumption will be that children spend time with extended family members as part of that parent’s allocated contact time. However, this is further complicated when a surviving parent is preventing a deceased parent’s family members from having contact with their grandchild.  In this blog, we explore the options grandparents have to have access to their grandchildren when a parent has died.

Stephanie Huxley-Churms

Thu, 11 Apr 2024 10:30:14 GMT+01:00

Navigating taxes during divorce and separation

When a couple separates, there are many financial aspects that might be overlooked, including tax implications. With the start of a new tax year on 6 April 2024, it‘s an opportune moment to recap some key tax considerations that arise on divorce and separation.

Tue, 9 Apr 2024 09:33:09 GMT+01:00

JCT Design and Build 2024

The new JCT Design and Build Contract 2024 is to be released on 17th April.   Here are some of the key changes...

Francesca Bishop

Mon, 8 Apr 2024 08:25:56 GMT+01:00

Fairer Food? But for who? A Consultation on Labelling

The proposals for fairer food labelling within this consultation are intended to ensure greater transparency around the origin of food and methods of production. Although this has noble objectives it may well cause much greater costs and red tape as well as loss of flexibility within the food supply chain.

Jessica Burt

Fri, 5 Apr 2024 19:27:37 GMT+01:00

Food & Agri Update - 5 April 2024

The CMA publishes undertakings provided by ASOS, Boohoo and George at Asda on green claims that have useful parallels for food products re 'clear and prominent' and use of explanatory information. Europe's Empowering consumers (Greenwashing) Directive is in force. Consultation on Fairer Labelling and authorisation process for regulated foods. SFI capped to 25% by Defra, common user charges to be introduced and GIs to be strengthened in Europe. Finally, ASA adjudications -is your #ad in the right place? The scrutiny on eco claims continues and gender stereotypes. Two contrasting rulings compare and contrast the interpretation of this rule - Carlo the topless butler anyone?

Jessica Burt

Fri, 5 Apr 2024 19:01:17 GMT+01:00

What rights do grandparents have to have contact with their grandchildren?

When a couple separates, or the relationship between a parent and their own parents breaks down, it can be a difficult and emotional time for the entire family and grandparents may be left wondering exactly what legal rights they have when it comes to spending time with their grandchildren. In this blog, we explore the legal rights grandparents have and what they can do to have contact with their grandchildren.

Stephanie Huxley-Churms

Fri, 5 Apr 2024 12:22:05 GMT+01:00

Building Safety: Principal Designer and Principal Contractor

One of the changes introduced by the Building Safety Act is the new roles of Principal Designer and Principal Contractor for the purposes of building regulations.

Lauren Michaelides

Thu, 4 Apr 2024 07:45:19 GMT+01:00

The benefits of pre-nups (even if they are unromantic and life is unpredictable)

When couples get married, they are legally bound together and financially, meaning that in the event of divorce, assets can be split equally. Prenups provide the ability of setting how assets and income could be split on divorce. Read more to find the benefits of prenuptial agreements.

Eliza Bruton

Wed, 3 Apr 2024 10:45:29 GMT+01:00

Building Safety: new requirements for non-higher risk (including commercial) buildings

In a change from previous Building Safety Act legislation , new requirements have been introduced from 1 October 2023, which apply where there is more than one contractor (this includes subcontractors), or it is reasonably foreseeable that more than one contractor will be working on the project.

Emma Raspin

Tue, 2 Apr 2024 10:29:04 GMT+01:00

Offering alternative employment with trial period could be reasonable adjustment

EAT ruling explores when a trial period should be offered as a reasonable adjustment...

Charles Pigott

Tue, 2 Apr 2024 08:53:13 GMT+01:00

Assured Agricultural Occupancies

There are different categories of tenancies that can arise from an agricultural worker being offered accommodation as part of their contract of employment. Dawn Chapman, a Senior Associate in the Agriculture team, explores the legislation governing these tenancies and how they evolved over the years.

Dawn Chapman

Thu, 28 Mar 2024 17:01:43 GMT+00:00

Misconduct, harassment, extremism and free speech within the law

These topics continue to be an area of focus for the higher education sector, and in some instances can raise complex questions for institutions...

Robert Renfree

Thu, 28 Mar 2024 15:55:46 GMT+00:00

Slotting carer’s leave into the statutory leave jigsaw

Exploring how carer's leave relates to existing family-friendly rights...

Charles Pigott

Thu, 28 Mar 2024 11:30:09 GMT+00:00

10 years of same-sex marriage

As we celebrate the ten-year anniversary of the first same-sex marriage in England and Wales, we explore the frequently asked legal questions from LGBTQ+ couples regarding their marital status.

Danielle Godolphin

Wed, 27 Mar 2024 15:00:08 GMT+00:00

The latest employment rates and limits

A helpful table of the new rates and limits that apply from April 2024 for you to download and have to hand...

Amy O'Brien

Tue, 26 Mar 2024 15:25:16 GMT+00:00

New EU Directive empowers consumers against corporate greenwashing

Carla Parsons

Tue, 26 Mar 2024 13:44:12 GMT+00:00

Student processes: OIA guidance on collaborations between higher education providers and others

Last month the Office of the Independent Adjudicator for Higher Education (the OIA) published revised guidance within its Good Practice Framework, directed at higher education providers in England and Wales delivering learning opportunities in partnership with other providers or organisations.

Amy Law

Tue, 26 Mar 2024 10:25:53 GMT+00:00

Does an extra-marital affair impact the outcome of divorce proceedings?

Our recent YouGov survey reveals that over half of married respondents in England and Wales view infidelity as grounds for divorce. But do extra marital affairs impact the outcome of proceedings and financial settlements? In this blog, we explore the law and what happens when there are children outside the marriage.

Victoria Potts

Tue, 26 Mar 2024 09:18:57 GMT+00:00

New research spotlights DoLS in the care sector

New report finds that the system for protecting the fundamental right to liberty of older people with diminished capacity is in “urgent” need of reform...

Isobel Matthews

Mon, 25 Mar 2024 11:23:27 GMT+00:00

University Financial Resilience: Using subsidiaries for pension provision

UCEA and UUK have recently written to the Government regarding the increases to the employer contributions to the Teachers’ Pension Scheme (TPS) to request greater flexibility in universities’ participation in the scheme...

Sian Jackson

Mon, 25 Mar 2024 10:14:54 GMT+00:00

Major decarbonisation project for South Warwickshire University NHS Foundation Trust

Major decarbonisation project for Midlands hospital...

Benjamin Bull

Fri, 22 Mar 2024 13:39:40 GMT+00:00

Will I have to share my bonus with my ex on divorce?

In divorce proceedings, all assets acquired during the marriage are subject to division, including bonuses received by one or both spouses. However, the treatment of bonuses can vary based on specific circumstances.

Stephanie Douthwaite

Fri, 22 Mar 2024 13:06:16 GMT+00:00

Ensuring data accuracy: tips and strategies

Safeguards are needed to ensure data accuracy and avoid breaches of the data protection principles...

Tania Richards

Fri, 22 Mar 2024 13:05:08 GMT+00:00

Freedom of information failings targeted by ICO

The Information Commissioner’s Office, the UK’s independent authority set up to uphold information rights, has taken recent steps towards ensuring transparency and accountability in public authorities...

Emma Tuck

Thu, 21 Mar 2024 13:33:01 GMT+00:00

Building Safety: extension of enforcement for non-compliance with building regulations

On 1 October 2023, the Building Safety Act significantly changed and extended the rights of enforcement and potential sanctions for non-compliance with building regulations. There are two key elements to these changes:

Lauren Michaelides

Wed, 20 Mar 2024 15:56:22 GMT+00:00

Is the current concept of security of tenure outdated in today’s commercial landscape?

The Landlord and Tenant Act 1954 provides business tenants rights to renew their tenancies at the end of each term, known as security of tenure. However, the legislation is nearly 70 years old. Tanya Jones, a trainee solicitor in our Agriculture team, explores whether the way security of tenure operates is no longer fit for purpose.

Tanya Jones

Wed, 20 Mar 2024 10:02:01 GMT+00:00

EU approves long-awaited Directive on Sustainability Due Diligence

The EU’s long-awaited Corporate Sustainability Due Diligence Directive (CSDDD or CS3D) finally achieved approval from the European Council on 15 March and will now be put to the European Parliament for final approval.

Carla Parsons

Tue, 19 Mar 2024 09:32:05 GMT+00:00

Procurement specific issues for primary care providers

Key insights for primary care providers on the NHS Provider Selection Regime...

Tania Richards

Mon, 18 Mar 2024 15:56:59 GMT+00:00

Pregnancy termination, mental capacity and best interests in the Court of Protection

Court of Protection decision highlights the legal intricacies surrounding best interests decisions in respect of pregnancy termination where someone lacks mental capacity...

Katie Pilcher

Thu, 14 Mar 2024 14:14:15 GMT+00:00

No more boots on the ground

With the Care Quality Commission's new inspection regime in full flow, we explore the expected effect on in person inspections...

Katherine Wackett

Tue, 12 Mar 2024 18:01:55 GMT+00:00

Supported Living as a Plan B?

CQC’s Right support, right care, right culture guidance means that some locations are no longer suitable to be used to provide residential care services for people with autism or a learning disability...

Samuel Lindsay

Tue, 12 Mar 2024 16:59:37 GMT+00:00

Food & Agri Update - 12 March 2024

Budget, alcohol duties & minimum pricing. CMA starts market study into infant formula, FSA campaign on vegan labelling. Mechanically Separated Meat - consultation on new guidance. Ethylene Oxide limit to be aligned to Europe but will it result in more recalls? Farmer protests and measures to assist that were put forward in the NFU conference: food waste, food security and dairy contract adjudicators! Scotland proposes Draconian measures on HFSS foods. ASA - 2 major adjudications on (i) HFSS promotions and under 16s and (ii) use of terms rustic, traditional, authentic etc. Finally enforcement; focus on meat sector, sustainability and never obstruct an officer.

Jessica Burt

Tue, 12 Mar 2024 16:40:48 GMT+00:00

Claims “rustic”, “traditional” and “authentic” examined by ASA

Voluntary claims such as 'traditional' 'authentic' and 'rustic' were examined by the Advertising Standards Authority (ASA). The ruling highlighted the importance of context and specifying what part of the product or process the claim may relate to.  The ASA maintained their position that a consumer would have broad understanding of industrial mass production. Also, the importance for producers to have substantiated all the claims they use.

Jessica Burt

Tue, 12 Mar 2024 15:06:21 GMT+00:00