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The latest legal blog posts from Mills & Reeve.

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Reflections on techUK’s five-point plan for CareTech

techUK’s new report addresses the need for technological advancements in the adult social care sector...

David Hall

Thu, 21 Sep 2023 08:50:44 GMT+00:00

Procurement Act 2023 webinars

The Procurement Bill is close to receiving Royal Assent and on Wednesday 27 September at 10am our procurement experts begin a new series of our highly regarded 5 in 25 webinars, 5 in 25 Countdown...

Jenny Beresford-Jones

Tue, 19 Sep 2023 10:33:49 GMT+00:00

New Charity Commission Guidance on Charities and Social Media

New Charity Commission guidance encourages all charities to have a social media policy and even seeks to moderate the freedom of trustees and others to post freely on their individual social media.

Tamsin Anderson

Mon, 18 Sep 2023 12:05:16 GMT+00:00

Food and Agri Update - Friday 15 September

Food Standards Agency provides updated guidance on allergens. Protein drinks advised to update warnings after latest fatality. FSA publishes board papers including on genetic precision and incidents over the last year. ASA adjudications look at what is an ad? what is involved in a commercial relationship? Do freebies count? Viva gets complaints upheld that ad caused unjustified offence and was inappropriately targeted. Finally, Westminster Forum and data transparency in the food supply chain - latest update is that Food Data Transparency Partnership info and data provision will be voluntary for business as supported by M&R speaker at the event, Jessica Burt.

Jessica Burt

Fri, 15 Sep 2023 15:56:18 GMT+00:00

Section 75 arrangements: an opportunity to boost integration

A new consultation specifically considers widening the scope of section 75 arrangements to support the integration of health and social care services...

Charlotte Lewis

Fri, 15 Sep 2023 15:17:42 GMT+00:00

Understanding the new evidence categories under CQC’s Single Assessment Framework

Under the Care Quality Commission’s new Single Assessment Framework, care providers’ existing ratings will no longer be used as the main basis for their next inspection...

Amanda Narkiewicz

Fri, 15 Sep 2023 14:03:53 GMT+00:00

Boosting digital transformation in social care

The Department of Health and Social Care sets out an ambition to ensure that at least 80% of CQC registered providers have a digital social care record by March 2024...

Jill Mason

Fri, 15 Sep 2023 12:28:39 GMT+00:00

Economic Activity of Public Bodies (Overseas Matters) Bill

The Bill seeks to deliver the Conservative Government’s manifesto commitment to “ban public bodies from imposing their own direct or indirect boycotts, disinvestment or sanctions campaigns against foreign countries”...

Robert Renfree

Thu, 14 Sep 2023 08:30:57 GMT+00:00

RAAC in the higher and further education sectors - how to approach your projects

Reinforced Autoclaved Aerated Concrete (RAAC) has hit the headlines recently in relation to schools. It also affects further and higher education establishments. What should you do if your buildings are affected?

Alexandra Pike

Wed, 13 Sep 2023 13:17:53 GMT+00:00

Managing RAAC in the NHS estate to ‘maintain safety and confidence’

NHS trust boards to take steps to assure themselves around the risks to the presence of reinforced aerated autoclaved concrete...

Alexandra Pike

Tue, 12 Sep 2023 15:13:42 GMT+00:00

'Shrinkflation,' Class Actions and Misrepresentation

Whilst ads would wish to portray the food products in the best possible light they must not misrepresent the quantity or ingredients of those products without being considered misleading. This is brought home by a series of class actions in the US alleging that ads make food products look bigger than they actually are would be false advertising so blatant that it amounts to breach of contract. Could this happen in the UK?

Jessica Burt

Fri, 8 Sep 2023 11:31:11 GMT+00:00

'Ultra Processed' Foods and Statistics

Ultra processed foods (UPF) have been in the news lately with dire warnings that, apart from the levels of fat, salt and sugar, the processing and use of artificial ingredients itself can cause health issues to consumers. But what were the Scientific Advisory Committee on Nutrition (SACN's) findings on this?

Jessica Burt

Fri, 8 Sep 2023 11:13:24 GMT+00:00

PFAS or 'Forever Chemicals' - the next liability issue?

PFAS are widely used as they provide a non-stick barrier to fat and water. The compounds are widely used in takeaway food packaging, microwavable bags, kitchen utensils, and cookware. Human exposure to PFAS from the environment and through dietary sources has been highlighted in media in recent years. The latest science has found PFAS in plant based straws illustrating the potential for environmental and health issues for plant based alternatives to single use plastics. 

Jessica Burt

Fri, 8 Sep 2023 10:56:21 GMT+00:00

Extended Producer Responsibility (EPR) – new Report Packaging Data (RPD) service launched

Defra has launched a new Report Packaging Data (RPD) service.  It has also launched a consultation with industry into the “clarity and operability” of the Extended Producer Responsibility (EPR) scheme. This month it was also reported EPR for packaging fees have been deferred for 1 year. However, whilst the fees have been delayed, the data collection requirements are still currently set to come into force as planned.

Jessica Burt

Fri, 8 Sep 2023 10:48:57 GMT+00:00

National Risk Register highlights food supply contamination threat

The National Risk Register outlines the most serious risks facing the United Kingdom and references the potential impact of contamination of the food supply. Food business operators should undertake risk assessment and due diligence of their supply chains to mitigate risk wherever possible.

Jessica Burt

Fri, 8 Sep 2023 10:29:36 GMT+00:00

RAAC - a problem for primary care?

NHS England seeks assurance over the state of the primary care estate in the wake of the crisis involving crumbling concrete in schools....

Jennifer Lewis

Thu, 7 Sep 2023 16:37:35 GMT+00:00

Horizon Europe - the UK’s associate membership is agreed

Agreement is reached for the UK to join Horizon Europe as an associate member.

Isabel Teare

Thu, 7 Sep 2023 13:19:42 GMT+00:00

Mental health reforms on pause – again

The Times has reported that the government is preparing to abandon its plans to reform the Mental Health Act – a key government pledge from its 2019 Conservative manifesto...

Jill Mason

Thu, 7 Sep 2023 13:14:04 GMT+00:00

A new horizon for the higher education and research sector

Today's joint statement by the UK Government and European Commission confirming the political agreement on UK association to Horizon Europe has been enthusiastically welcomed by many voices from across the higher education and research sector.

Robert Renfree

Thu, 7 Sep 2023 11:54:09 GMT+00:00

Pets at work: three different scenarios

Three common situations where pets and employment rights can overlap...

Charles Pigott

Thu, 7 Sep 2023 07:26:20 GMT+00:00

Supply chain crisis – practical steps and understanding your rights

This blog post considers some of the practical steps to take if your business becomes affected by disruption in the supply chain.

Rachel McDonnell

Wed, 6 Sep 2023 15:48:38 GMT+00:00

Data protection reform, revisited

The “No. 2 Bill” is in many respects identical to its predecessor. While overall the Bill retains much of the structure of the UK GDPR, it proposes a number of changes to the detail...

Robert Renfree

Wed, 6 Sep 2023 13:39:06 GMT+00:00

“Unusual” sickness absence procedure did not lead to unfair dismissal

Why adopting an unconventional absence management procedure doesn't necessarily result in an unfair dismissal...

Charles Pigott

Wed, 6 Sep 2023 09:45:33 GMT+00:00

Unmarried couples and the family business

The breakdown of a relationship between co-directors and shareholders can cause significant issues for the business. In this article, we delve into the challenges faced by unmarried couples in a family business when their relationship breaks down and cover some options for those in a cohabiting and in a business relationship. 

Frances Bailey

Wed, 6 Sep 2023 08:38:43 GMT+00:00

Building Safety: First Remediation Order made

A group of leaseholders of two connected blocks of flats have successfully applied for a remediation order against the landlord in respect of defective external cladding and other fire safety issues

Adrian Kwintner

Wed, 6 Sep 2023 07:23:41 GMT+00:00

Building Safety: Gateway 2

In May this year, Kate Rushworth blogged about the 3 gateways, which will apply to higher-risk buildings (ie buildings over 18 metres or 7 storeys high with 2 or more residential units).

Alison Garrett

Tue, 5 Sep 2023 17:45:05 GMT+00:00

NHS service charges and GP practices: what you need to know

The amount of service charge levied against GP practices has been a cause of real concern to GP partners...

Jennifer Lewis

Tue, 5 Sep 2023 08:48:30 GMT+00:00

Talking ESG in the health and care sector

A special health and care sector ESG podcast...

Tania Richards

Mon, 4 Sep 2023 10:07:41 GMT+00:00

Food & Agri Update – Friday 1 September

Food inflation drops but price increases still outstrip wages. A look at PFAS or forever chemicals; what are they? How do they affect the food chain? Also their prevalence in plant based food contact materials was highlighted by research into drinking straws by Belgium scientists. Don't be misleading - Class actions begun in US against big food restaurants on the pics used in ads allegedly misrepresent what the consumer will actually get. Could it happen in the UK? Finally, what is the issue with ultra-processed food a summary of the gov backed science.

Jessica Burt

Fri, 1 Sep 2023 17:17:54 GMT+00:00

Building Safety: Recent Court of Appeal decision

A recent Court of Appeal case has clarified a number of important construction law points – although the facts arose out of building safety issues, like the Building Safety Act (or ‘BSA”), the case has much wider application and significance.

Edward Freeman

Tue, 29 Aug 2023 17:23:32 GMT+00:00

National Security Act 2023

The aim of the legislation is to modernise counter-espionage laws and tackle evolving national security threats by providing new powers to the enforcement and intelligence agencies...

Gary Attle

Tue, 29 Aug 2023 10:37:12 GMT+00:00

How to avoid getting stung financially when you move in with your partner

When an unmarried couple moves in together and only one of them owns the house, there are numerous financial implications, especially if the relationship breaks down. In this blog, we’ll look into what you can do in the event of separation and give you a real-life example.

Nicola Rowlings

Tue, 29 Aug 2023 09:59:52 GMT+00:00

Welsh regulator publishes interim guidance for care homes on ratings

Welsh Ministers aim to introduce regulations for ratings in relation to the quality of care and support provided by a service provider...

Amanda Narkiewicz

Sat, 26 Aug 2023 20:26:18 GMT+00:00

Food and Agri Update Mid-End of August 2023

Defra launches a new Report Packaging Data (RPD) service for the Extended Producer Responsibility (EPR) scheme. The latest UK National Risk Register is published and highlights food supply contamination risk. The Advertising Standards Authority examines a range of alcohol ads re appeal to under 18s and social responsibility. The claim 'skinny' is examined re health or nutrition claim for a wine spritzer trade mark and promotions for baby formula for use from birth up to six months attract attention from the ASA as well as retailers and campaigners.

Jessica Burt

Fri, 25 Aug 2023 18:00:14 GMT+00:00

Subcontracting considerations for GP providers

GP providers often look to subcontract the delivery of services that they are required to provide to third parties...

Tania Richards

Fri, 25 Aug 2023 10:39:40 GMT+00:00

Top tips on preparing for an inquest

A series of inquest videos intended to support organisations and their professionals through the coronial process...

Katie Jones

Fri, 25 Aug 2023 10:26:08 GMT+00:00

Preparing for an inquest: the view of the solicitor

A series of inquest videos intended to support organisations and their professionals through the coronial process...

Katie Jones

Fri, 25 Aug 2023 09:58:07 GMT+00:00

NHS digital transformation: where to start

Health and care organisations working at system, place or neighbourhood levels are all working hard to digitise services...

Tania Richards

Wed, 23 Aug 2023 16:02:11 GMT+00:00

Termination payments: clarity on the disability tax exemption

We consider the Tribunal's decision that section 406 ITEPA can apply to a portion of a termination payment made on account of an employee’s disability, even where the entire termination payment is not made on account of disability.

Carrie Ferris

Wed, 23 Aug 2023 11:42:07 GMT+00:00

Investing for good: the Charity Commission’s updated guidance on investment matters

The long awaited update to the Charity Commission investment guidance CC14 has been published.

Judith Houston

Tue, 22 Aug 2023 10:11:37 GMT+00:00

New 'Fit and Proper Person Test' framework: what you need to know

NHS England publishes new framework which overhauls the Fit and Proper Person Test in response to the review conducted by Tom Kark KC...

Tania Richards

Mon, 21 Aug 2023 18:04:40 GMT+00:00

Preparing for an inquest: the view of the professional witness

A series of inquest videos intended to support organisations and their professionals through the coronial process...

Katie Jones

Mon, 21 Aug 2023 13:19:49 GMT+00:00

Extension of time is possible without explanation for late submission of a discrimination claim

The EAT has held that the absence of an explanation is not necessarily decisive, but one factor for the Tribunal to consider, when determining whether to extend time limits for bringing discrimination claims.

Victoria Watts

Mon, 21 Aug 2023 10:34:42 GMT+00:00

Next generation focus: Discussing marital agreements

Protecting the family business from the impact of family breakdown is a particular concern for the next generation as they start to settle down and have their own families. Read more to learn how a prenuptial agreement can be vital in ensuring the family business and generational wealth can be preserved.

Frances Bailey

Mon, 21 Aug 2023 10:32:49 GMT+00:00

Preparing for an inquest: the view of the advocate

A series of inquest videos intended to support organisations and their professionals through the coronial process...

Katie Jones

Thu, 17 Aug 2023 16:13:32 GMT+00:00

Supreme Court rules in landmark case on ‘ordinary residence’ and ‘after-care services’

Supreme Court appeal provides the much-needed clarification on who funds ‘after-care services’...

Lottie Hartescu

Thu, 17 Aug 2023 09:28:02 GMT+00:00

Preparing for an inquest: the view of the coroner

A series of inquest videos intended to support organisations and their professionals through the coronial process...

Katie Jones

Wed, 16 Aug 2023 17:33:59 GMT+00:00

More time to comply with EU medical device reforms - is it enough?

We consider the EU's extension of periods for compliance with its regulatory reforms for medical devices, and whether these will be enough for producers and notified bodies to deal with all legacy devices.

Isabel Teare

Wed, 16 Aug 2023 16:12:15 GMT+00:00

My engagement has broken off. What now?

Breaking off an engagement, whatever the circumstances, can be very stressful. There may be countless reasons why a couple separate but one thing is certain – there are a lot of questions in the couple’s minds about what will happen next. In this blog we look at some of the most common legal questions our team get asked.

Nicola Rowlings

Wed, 16 Aug 2023 15:02:45 GMT+00:00

NHS England's new enforcement guidance

NHS England publishes its new two-tier intervention regime for Integrated Care Board enforcement...

Tania Richards

Wed, 16 Aug 2023 13:02:40 GMT+00:00