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The latest legal blog posts from Mills & Reeve.

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The importance of CQC’s Factual Accuracy Check

The recent case of Hexpress Healthcare Ltd v CQC demonstrates the importance of getting the regulator's Factual Accuracy Check process right...

Katherine Wackett

Wed, 29 Mar 2023 14:15:38 GMT+00:00

Law Commission: final report on surrogacy law reform in the UK

Colin Rogerson shares his initial views on the Law Commission’s final report and draft bill for surrogacy law reform in the UK which was published on 29 March 2023. 

Colin Rogerson

Wed, 29 Mar 2023 14:12:34 GMT+00:00

Genetic Technology Act 2023 offers greater flexibility in agrifood innovation

The UK's Genetic Technology Act offers a new approach to the assessment and approval of innovative agrifood technologies that deploy precision breeding.

Isabel Teare

Tue, 28 Mar 2023 15:32:53 GMT+00:00

The latest employment rates and limits

Download our handy table with the new rates and limits that apply from April 2023....

Amy O'Brien

Tue, 28 Mar 2023 10:14:04 GMT+00:00

Government pause for thought on ICS ratings

CQC publish interim guidance on its approach to assessing integrated care systems...

Amanda Narkiewicz

Tue, 28 Mar 2023 08:28:13 GMT+00:00

Reforming children’s social care

The Government’s plans to reform children’s social care are set out in Stable Homes, Built on Love – the long-awaited response to the three independent reviews published in 2022 into children’s social care in England...

Jill Mason

Mon, 27 Mar 2023 10:11:43 GMT+00:00

New cyber security strategy for health and social care

The Department of Health and Social Care has launched its cyber security strategy for the health and social care sector...

David Hall

Thu, 23 Mar 2023 18:28:16 GMT+00:00

Government to amend NHS Pension Scheme to boost recruitment and retention

Recent focus has been on pensions for doctors in terms of the Government’s radical plans to abolish the Lifetime Allowance...

Laura Sayer

Thu, 23 Mar 2023 11:28:40 GMT+00:00

Building Safety - changes to the Defective Premises Act

The Building Safety Act 2022 (BSA) has brought about sweeping changes to the scope of the Defective Premises Act 1972 (DPA) and, importantly, to limitation.

Ben Hardiman

Wed, 22 Mar 2023 16:15:36 GMT+00:00

A pathway to net zero for NHS suppliers: take action together

Healthier future inspires major NHS suppliers to step-up net zero ambitions...

Sarah Carr

Wed, 22 Mar 2023 09:57:58 GMT+00:00

Can an employer boost productivity by offering flexible working?

Learning points from a panel discussion on flexible working at the CBI's future of work conference...

Andrew Secker

Wed, 22 Mar 2023 09:25:49 GMT+00:00

Nutrient neutrality

The Chancellor’s 2023 spring Budget included a number of reforms and spending promises designed to improve the planning system in England. This included greater support for nutrient neutrality in response to nutrient pollution which is “a major barrier to the government’s ambition of delivering 300,000 homes per year”.

Carla Parsons

Tue, 21 Mar 2023 19:43:53 GMT+00:00

Draft guidance on how competition laws apply to environmental sustainability agreements

We look at new draft guidance on how competition law applies to environmental sustainability agreements between businesses, and how this applies in the life sciences sector.

Kate Newman

Tue, 21 Mar 2023 16:34:39 GMT+00:00

A complete guide to Data Subject Access Requests

Everything you need to know about Data Subject Access Requests...

Tania Richards

Tue, 21 Mar 2023 14:13:22 GMT+00:00

When is a student a consumer?

In 2015 the Competition and Markets Authority issued guidance to the higher education sector and took the position that undergraduate students are “consumers”...

Gary Attle

Tue, 21 Mar 2023 11:51:10 GMT+00:00

Precautionary Labelling and Allergens - More Robust System is demanded 

Clarity on thresholds and use of precautonary labelling would assist food producers and consumers alike.  There should be options for proportionate use of precautionary labelling to ensure safety and consistency. The FSA is due to provide a review of international guidelines for allergen thresholds by the end of 2023, the Grocer publication is informed, after industry writes an open letter to demand a more 'robust' system following the coroner's inquest of Celia Marsh last year.

Jessica Burt

Fri, 17 Mar 2023 18:28:51 GMT+00:00

Food and Agri Update Friday 17 March

Food & Agri Update Friday 17 March - Happy St Patrick's Day! A look at the Budget and how it affects food and hospitality in particular, especially re energy and alcohol. Food statistics published: What are the 10 key concerns of consumers? ASA looks at health claims in flu season and claims that imply preventing, curing or treating disease. Industry demands clarity on precautionary labelling #PAL after the coroner's report into Celia Marsh #allergens. Easter egg recall for allergens not translated and an update on Project Hawk the National Crime Unit's investigation into beef sold as 'Best of British' and nothing of the sort. This underlines the premium of origin labelling. Finally, what's happening in the CBD and novel foods sector?

Jessica Burt

Fri, 17 Mar 2023 17:48:51 GMT+00:00

Deprivation of liberty and protection of the public

A recent Court of Protection case raises the interesting question of whether protection of the general public, as well as the patient, is an issue that should be addressed by the current deprivation of liberty system...

Holly Morrison-Carter

Fri, 17 Mar 2023 15:08:20 GMT+00:00

Ending the lifetime allowance: implications for workplace pensions

Why the abolition of the lifetime allowance is a mixed blessing for employers...

Laura Sayer

Fri, 17 Mar 2023 12:02:51 GMT+00:00

The budget and the construction industry

Chancellor’s first budget of 2023 may have been called a “Back to Work” budget but it included some key measures focused on infrastructure and development, and the government’s commitment to achieve net zero by 2050. Here is a summary of the key points for the construction industry:

Carla Parsons

Thu, 16 Mar 2023 18:12:43 GMT+00:00

Spring Budget 2023: Restriction of charitable tax reliefs to UK charities

New rules will prevent charities from overseas registering for UK charitable tax reliefs.

Matthew Short

Thu, 16 Mar 2023 11:35:00 GMT+00:00

Industrial action and independent healthcare

Industrial action is stepping up pace across the NHS but what does it mean for the private healthcare sector?

Tania Richards

Wed, 15 Mar 2023 11:11:03 GMT+00:00

Pensions on divorce: everything you need to know

Pensions are often one of the most valuable assets on divorce. It is important to know exactly what information is needed to properly consider them when trying to reach a financial settlement. In this blog, we explain everything you need to know about pensions on divorce and how we can help you. 

Victoria Potts

Wed, 15 Mar 2023 11:03:18 GMT+00:00

Building Safety: claims against construction product manufacturers

The Building Safety Act 2022  has introduced a new cause of action  (as from 28 June 2022). Anyone with a legal or equitable interest in any relevant building or dwelling has a cause of action against an appropriate person (usually a construction product manufacturer) if the following 4 conditions are met;

Alison Garrett

Wed, 15 Mar 2023 10:39:19 GMT+00:00

Wanting to export software and SaaS technology? Proper preparation will prevent poor performance

Software and SaaS (software as a service) are, on the face of it, portable and thus perfect for export, so it’s tempting to leap straight in and start making the supplies. In practice, time spent planning and preparing is time well spent. In this article we headline key factors to consider...

David Hall

Tue, 14 Mar 2023 11:39:19 GMT+00:00

Silicon Valley Bank’s UK unit saved by HSBC in rapid overnight rescue deal

Last night we witnessed a swift rescue mission by HSBC who saved Silicon Valley Bank’s (SVB) UK unit from collapse.

Zickie Lim

Mon, 13 Mar 2023 15:14:26 GMT+00:00

Easter Advertising Advice from the ASA

Two sets of seasonal advice for marketers has been published by the ASA this Easter; a key time for the food sector.

Jessica Burt

Mon, 13 Mar 2023 11:47:31 GMT+00:00

New law makes marriage for under 18s illegal

The Marriage and Civil Partnership (Minimum Age) Act 2022 came into force on 27 February 2023 and it has made some key changes to marriage law for the under 18s.

Victoria Potts

Mon, 13 Mar 2023 10:54:20 GMT+00:00

Advertising restrictions of HFSS Foods

The UK consultation on secondary legislation to restrict advertising for specified HFSS products on TV and online will end 31 March 2023. The provisions and exceptions are reviewed. Also, the objectives behind advertising restrictions - Is it a sledgehammer to crack a nut?

Fri, 10 Mar 2023 18:00:12 GMT+00:00

Food & Agri Update Friday 10 March

Update covering the Northern Ireland Deal, the 'Windsor Framework' and impact for the food sector. A look at the consulatations on advertising of foods high in fat, salt or sugar #HFSS and further objections to the Scottish consultation on restricting advertising of alcohol. Recent ASA adjudications looking at identifiable comparators and greenwashing claims in aviation. Finally, the FSA boards meeting on 22 March will look at their position on Precision Breeding and the Bill including labelling and traceability. #food #agri #update #advertising #hfss #ofcom #asa #alcohol #labelling #asa #comparativeclaim #greenwashing #FSA #precisionbreeding #agritech

Jessica Burt

Fri, 10 Mar 2023 17:37:21 GMT+00:00

New employment law: what’s coming and when?

A tracker highlighting the key employment law Bills that Parliament is considering and when they might come into force...

Amy O'Brien

Tue, 7 Mar 2023 15:01:59 GMT+00:00

Building Safety - Building Liability Orders

Introduced by the Building Safety Act 2022 (the BSA), and in force as of 28 June 2022, Building Liability Orders (BLO) essentially pierce the corporate veil by providing a mechanism through which the costs of remedying building safety risks

Dan Korcz

Tue, 7 Mar 2023 14:39:10 GMT+00:00

Emails for charitable companies – how long is your footer?!

Charitable companies should be aware of the information that needs to be included in every email sent under its name.

Tamsin Anderson

Mon, 6 Mar 2023 12:05:20 GMT+00:00

How not to write a dismissal letter

Why combining an offer to settle with a letter of dismissal can cause confusion...

Charles Pigott

Thu, 2 Mar 2023 16:16:03 GMT+00:00

Update: NHS Provider Selection Regime

The new NHS Provider Selection Regime is not expected to be in use before July 2023...

Rona McPherson

Thu, 2 Mar 2023 15:45:54 GMT+00:00

The Windsor Framework - what does it mean for life sciences?

We take a look at what the Windsor Framework means for the life sciences sector.

Isabel Teare

Tue, 28 Feb 2023 16:35:14 GMT+00:00

The NHS green leases framework is now in place

The green leases framework is now in place supporting the NHS in its aim of achieving net zero carbon emissions by 2040...

Charlotte Morris

Mon, 27 Feb 2023 17:02:36 GMT+00:00

Fluctuating capacity: another Court of Protection decision

A new decision in the Court of Protection explores the complex issue of fluctuating capacity...

Katie Pilcher

Mon, 27 Feb 2023 14:25:22 GMT+00:00

Tech enabled virtual wards: guidance for ICS clinical leaders

Delivering virtual wards has been described as the ‘right thing to do’ and support for delivering NHS England’s virtual wards programme is gaining traction across England’s integrated care systems...

Charlotte Lewis

Mon, 27 Feb 2023 12:56:17 GMT+00:00

Annual Returns 2023 Guidance Released

The 2023 annual return has a number of new questions; the Charity Commission has recently released guidance to explain the changes.

Tamsin Anderson

Mon, 27 Feb 2023 12:04:00 GMT+00:00

Governance being made Easier?

The Charities Act 2022 is soon to introduce the second tranche of provisions to make running a charity simpler.

Adam Williams

Mon, 27 Feb 2023 10:01:33 GMT+00:00

Food and Agri Update 24 Feb 2023

Food & Agri Update 24 Feb 2023 - Food Security: the great salad shortage & the NFU conference... "You can't live off the view" Vs "Let them eat Turnips". A summary of key points from the main speeches. Sugar tax or soft drinks levy failure to achieve objectives reported by Institute of Economic Affairs. The co-op removes best before from wide range of fresh produce and ASA provides a range of seasonal Easter guidance #NFU #ASA #foodsecurity #shortages #trade #agritech #geneediting #sustainability #roundtable #biosecurity #wolves #sugartax #substantiation #advertising #food #agri

Jessica Burt

Fri, 24 Feb 2023 16:36:52 GMT+00:00

New Vice-President for the Court of Protection

Mr Justice Hayden’s term as Vice-President of the Court of Protection has come to a conclusion, with Mrs Justice Theis taking over the reigns...

Kevin Duce

Thu, 23 Feb 2023 09:36:52 GMT+00:00

Remediation Contribution Orders

Remediation Contribution Orders came into force on 28 June 2022.

Alison Garrett

Tue, 21 Feb 2023 12:27:12 GMT+00:00

Advertising Standards Authority updates Guidance on Environmental Claims

The Advertising Standards Authority has published updated guidance on 10 February 2023 to include guidance on the use of environmental, sustainability, carbon neutral, net zero and so-called 'greenwashing' claims in advertising. It is warned the ASA will be taking proactive action immediately to address any unqualified claims.  This therefore remains an area that is under increased scrutiny particularly in the food and fast moving consumer goods sector.

Jessica Burt

Fri, 17 Feb 2023 19:36:37 GMT+00:00

Food & Agri Update Fri 17 Feb. 23

Food & Agri Update Friday 17 February - inflation watch, Pork producers, strawberries, hen welfare & new medicines database. Gene editing reduces acrylamide. ASA rulings DeadHappy causes widespread offence in 18 hours & Huel has complaints upheld that it misled consumers on cost of living and like for like replacement. Finally, Mars chocolate vat incident could have been more of a sticky end than it was. #food #agri #update #legal #Huel #ASA #advertising #geneediting #acrylamide

Jessica Burt

Fri, 17 Feb 2023 17:20:55 GMT+00:00

Building Safety: Staircases

In December 2022 the Government launched a consultation (which runs until March 17) on the following: New residential buildings over 30 metres (around 10 storeys) to be required to have 2 staircases.  It said that there would  be a very short transition period for this and the consultation encourages all developments to prepare for this change now            Sprinkler systems to be installed in new care homes of all heights (or as an alternative with a minimum of 10 beds as the threshold).

Alison Garrett

Thu, 16 Feb 2023 15:57:28 GMT+00:00

‘First ever’ UK medtech strategy is published

New government strategy sets out to increase access to medical technology...

Charlotte Lewis

Wed, 15 Feb 2023 17:11:45 GMT+00:00

NEC4 amendments

Last week saw the announcement of a set of amendments to the NEC4 suite of contracts.  These amendments follow those issued in January 2019 and October 2020.

Alison Garrett

Wed, 15 Feb 2023 12:05:34 GMT+00:00