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Thinking - Snapshot

ICO warns UK’s most visited websites to improve cookie choices

Published on 17 Apr 2024. By Oliver Bray, Senior Partner, Technology, Media & Telecoms Sector Lead

What steps is the ICO taking to ensure that website cookie banners are compliant with law?

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Thinking - Snapshot

New Development: EU Data Act published in Official Journal

Published on 17 Apr 2024. By Oliver Bray, Senior Partner, Technology, Media & Telecoms Sector Lead

The EU Data Act (the Act) came into force on 11 January 2024. The Act sets out rules regarding the fair access to and use of data, aiming to enhance the data economy for individuals and businesses by overcoming barriers to data sharing and establishing frameworks around data access and use.

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Thinking - Snapshot

ICO fines HelloFresh £140,000 after 7-month spam marketing campaign

Published on 17 Apr 2024. By Oliver Bray, Senior Partner, Technology, Media & Telecoms Sector Lead

Where did HelloFresh go wrong with their email and text marketing campaign and what lessons can be learned from the ICO’s investigation and subsequent fine?

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Thinking - Publication

Retail Compass Spring 2024

Published on 15 Apr 2024. By Jeremy Drew, Partner and Karen Hendy, Partner and Ciara Cullen, Partner, Retail & Consumer Sector Lead

Welcome to the Spring edition of Retail Compass, where we guide you through key upcoming legal and policy changes affecting retailers and consumer brands and provide our thoughts on those crucial, need-to-know issues.

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Thinking - Blog

Navigating the impact of AI on work: challenges, opportunities, and the human touch

Published on 20 Mar 2024. By Patrick Brodie, Patrick Brodie, Partner, Head of Employment, Engagement & Equality

The fear of job losses because of technology and automation, including artificial intelligence, has been with us since the 1960s. For some time, academics have predicted the decline of routine, rules-based and process-driven roles.

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Thinking - Blog

Thaler v Comptroller [2023] UKSC 49: the UKSC rules that AI cannot be an 'inventor'

Published on 10 Jan 2024. By Matthew Jones, Partner

To the surprise of no one, the UK Supreme Court (UKSC) has finally ruled that an artificial intelligence (AI) cannot be an inventor for the purposes of UK patent law. This judgment accords with the decisions of the lower courts in the UK and the initial ruling of the UKIPO. It also reflects similar findings from most of courts around the world where the claimant, Dr Thaler, brought similar actions.

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Thinking - Blog

12 top tips for using AI in retail and consumer businesses

Published on 18 Dec 2023. By Praveeta Thayalan, Senior Knowledge Lawyer

Last year, we set out our top ten tips for retailers entering the metaverse. This year, AI is the hot topic in retail and pretty much everywhere else! AI is redefining the retail and consumer industry. It can improve consume engagement, aid decision-making, curate tailored promotions, improve efficiencies, and reduce costs. So what do retailers and consumer bran need to be mindful of when deploying AI?

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Thinking - Snapshot

ICO issues preliminary enforcement notice against Snap for its “My AI” Chatbot

Published on 11 Dec 2023. By Oliver Bray, Senior Partner, Technology, Media & Telecoms Sector Lead

How can organisations who wish to join to the world of generative AI ensure that they adequately assess the risks from the perspective of the Information Commissioner’s Office (ICO)?

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Thinking - Snapshot

New Development: EDPB provides clarification on tracking techniques covered by the ePrivacy Directive

Published on 11 Dec 2023. By Oliver Bray, Senior Partner, Technology, Media & Telecoms Sector Lead

On 14 November 2023, the European Data Protection Board (EDPB) adopted a set of new guidelines (the Guidelines) on the technical scope of Article 5(3) of the ePrivacy Directive (the ePD).

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Thinking - Snapshot

Clearview AI cleared of £7.5m ICO fine for processing data outside the UK

Published on 11 Dec 2023. By Oliver Bray, Senior Partner, Technology, Media & Telecoms Sector Lead

Just how did the processing of personal data by Clearview AI (Clearview) fall outside the scope of UK GDPR?

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Thinking - Snapshot

ICO publishes guidance to ensure lawful monitoring in the workplace

Published on 11 Dec 2023. By Oliver Bray, Senior Partner, Technology, Media & Telecoms Sector Lead

How can employers monitor their workers whilst maintaining their trust and complying with data protection regulation?

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Thinking - Snapshot

ICO publishes its draft “Data Protection Fining Guidance” for public consultation

Published on 11 Dec 2023. By Oliver Bray, Senior Partner, Technology, Media & Telecoms Sector Lead

How will the Information Commissioner’s Office (ICO) calculate the amount of a fine under the UK GPDR and the Data Protection Act (DPA) 2018?

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Thinking - Snapshot

EU Advocate General’s opinion on data subjects’ rights to compensation for non-material damage under the GDPR

Published on 11 Dec 2023. By Oliver Bray, Senior Partner, Technology, Media & Telecoms Sector Lead

Does the theft of an individual’s sensitive personal data by a wrongdoer give rise to compensation for non-material damage under Article 82 EU General Data Protection Regulation (GDPR), if the wrongdoer has not used, or taken steps to use, the sensitive personal data for any purpose?

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Thinking - Publication

Retail Compass Autumn 2023

Published on 17 Oct 2023. By Jeremy Drew, Partner and Karen Hendy, Partner and Ciara Cullen, Partner, Retail & Consumer Sector Lead

Welcome to our Autumn edition of Retail Compass, where we guide you through the key legal and policy changes affecting retail and consumer brands and provide our thoughts on those crucial, need-to-know issues.

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Thinking - Blog

EU AI ACT-ion stations

Published on 29 Sep 2023. By Helen Armstrong, Partner and Charles Buckworth, Partner

The EU is forging ahead with its vision for AI. With wrapping up talks on the EU AI Act between the EU governments, the Commission and the parliamentary negotiators imminent, we bring you up to date on the EU's risk based approach, the scope of the Act, a timeline, key points that will form the basis of the discussions and next steps.

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Thinking - Blog

What To Know About AI Fraudsters Before Facing Disputes

Published on 29 Aug 2023. By Dan Wyatt, Partner and Christopher Whitehouse, Of Counsel

Fraudsters are quick to weaponise new technological developments and artificial intelligence is proving no exception, with AI-assisted scams increasingly being reported in the news, including most recently one using a likeness of a BBC broadcaster.

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Thinking - Blog

The November 2023 AI safety summit and the UK's direction of travel

Published on 29 Aug 2023. By Helen Armstrong, Partner and Charles Buckworth, Partner and Joshy Thomas, Senior Knowledge Lawyer

The government has confirmed that the UK AI safety summit will be held at Bletchley Park on 1 and 2 November 2023.

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Thinking - Podcast

AI and ChatGPT in Law firms

Published on 04 Aug 2023.

First published by 39 Essex Chambers, in this episode Patrick Brodie, Head of Employment, Engagement and Equality at law firm, RPC, discusses with Katherine Apps KC the issues raised by the use of large language models (LLMs) such as ChatGPT in a law firm environment.

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Thinking - Snapshot

ICO updates its guidance on AI and data protection

Published on 07 Jul 2023. By Oliver Bray, Senior Partner, Technology, Media & Telecoms Sector Lead

What are the key data protection principles which the Information Commissioner’s Office (ICO) expects organisations to follow when integrating AI into their product and service offerings?

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Thinking - Podcast

Unlocking Generative AI’s Potential: Ethics, Creativity, and Impact

Published on 29 Jun 2023.

What if you could unlock the full potential of Generative AI and its impact on your life and company?

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Thinking - Blog

The "Unicorn Kingdom's" AI White Paper

Published on 12 May 2023. By Helen Armstrong, Partner and Ricky Cella, Senior Associate and Joshy Thomas, Senior Knowledge Lawyer

The UK's pro-innovation AI White paper has been published. It landed almost simultaneously with an open letter from the Future of Life Institute which called for a six-month halt in work on AI systems more powerful than the generative AI system: GPT-4.

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Thinking - Blog

Generative AI and intellectual property rights—the UK government's position

Published on 03 May 2023. By Helen Armstrong, Partner and Jani Ihalainen, Associate and Joshy Thomas, Senior Knowledge Lawyer

The IPO is to produce a code of practice by the summer that will provide guidance to support AI firms in accessing copyright protected works as an input to their models.

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Thinking - Blog

New developments in AI may put law firms at greater risk of phishing fraud

Published on 28 Apr 2023. By Will Sefton, Partner, Head of the Lawyers Liability and Regulatory Group

As the computing power of Artificial Intelligence continues to grow exponentially, we consider how generative technology may expand the reach of traditional phishing frauds aimed at law firms.

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Thinking - Publication

Sports Ticker (27 April 2023) – PL gambling sponsor ban, WWE x UFC merger and Schumacher's AI interview – a speed-read of commercial updates from the sports world

Published on 28 Apr 2023. By Jeremy Drew, Partner and Joshua Charalambous, Partner and Samuel Coppard, Senior Associate and Joseph Akwaboa, Senior Associate

In a fortnight which saw Corach Rambler win the Grand National, the UK & Ireland submit its bid to host the UEFA Euro 2028 men's tournament, and 48,000 runners take to the streets for the London Marathon, we bring you updates on Spotify's new integration with Strava and Team GB's collaboration with Birds Eye. We also feature stories on a controversial AI-generated interview with Michael Schumacher and our own Kate O'Malley's sub-three hour marathon success.

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Thinking - Publication

Retail Compass Spring 2023

Published on 27 Apr 2023. By Jeremy Drew, Partner and Karen Hendy, Partner

Welcome to our Spring edition of Retail Compass, where we guide you through the key legal and policy changes affecting retail and consumer brands and provide our thoughts on those crucial, need-to-know issues.

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Thinking - Blog

Understanding and managing the risks in artificial intelligence (AI) technology projects

Published on 12 Apr 2023. By Helen Armstrong, Partner and Ricky Cella, Senior Associate and Joshy Thomas, Senior Knowledge Lawyer

How do you go about managing the risks and challenges that might arise during the deployment of AI technology?

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Press and Media

RPC reacts to UK Government White Paper on AI

Published on 30 Mar 2023. By Jon Bartley, Partner and Ciara Cullen, Partner, Retail & Consumer Sector Lead and Richard Breavington, Partner and Kelly Thomson, Partner, ESG Strategy Lead and Helen Armstrong, Partner and Patrick Brodie, Patrick Brodie, Partner, Head of Employment, Engagement & Equality and Mamata Dutta, Partner

RPC reacts to UK Government White Paper on AI

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Thinking - Publication

What if the CEO asks me about... using Artificial Intelligence in our Retail stores?

Published on 28 Mar 2023. By Paul Joukador, Partner

The term "artificial intelligence" (AI) describes a range of technologies that enable machines to perform tasks that typically require human intelligence, such as the ability to comprehend, act and learn.

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Thinking - Snapshot

UK Government sets out proposals for regulation of AI

Published on 10 Oct 2022. By Oliver Bray, Senior Partner, Technology, Media & Telecoms Sector Lead

What are the UK Government’s plans for the future regulation of artificial intelligence (AI)?

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Thinking - Snapshot

ICO launches AI and Data Protection Toolkit

Published on 28 Jul 2022.

How can those engaged in the development of artificial intelligence (AI) systems utilise the Information Commissioner’s Office’s AI and data protection risk toolkit (the Toolkit) to better ensure compliance with data protection legislation?

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Thinking - Snapshot

UK government announces the launch of an AI standards hub

Published on 12 Apr 2022. By Oliver Bray, Senior Partner, Technology, Media & Telecoms Sector Lead

What does the new artificial intelligence (AI) standards hub mean for businesses seeking to develop AI technologies?

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Thinking - Snapshot

UK authorities consider position of AI in preparation for a new Golden Age of Tech

Published on 09 Jun 2021. By Oliver Bray, Senior Partner, Technology, Media & Telecoms Sector Lead

The question: What direction is the UK taking regarding policies on artificial intelligence (AI)?

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Thinking - Snapshot

ICO publishes guidance on AI decision making

Published on 02 Nov 2020. By Oliver Bray, Senior Partner, Technology, Media & Telecoms Sector Lead

How can companies comply with data regulation when using AI to make decisions affecting individuals?

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Press and Media

Rising to the challenge, how insurers will adapt in 2025

Published on 14 Jan 2025. By Simon Laird, Partner, Insurance Sector Lead

The global insurance industry is on the brink of transformation as geopolitical tensions, accelerating AI adoption, and escalating climate crises converge to create a perfect storm in 2025. From navigating a volatile economic landscape to addressing emerging risks in cyber and ESG, insurers face a year of unparalleled complexity and opportunity.

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Thinking - Publication

Annual Insurance Review 2025

Published on 14 Jan 2025. By Simon Laird, Partner, Insurance Sector Lead and Robert Morris, Partner and Toby Higginson, Partner, Co-head of Clients and Markets (Insurance)

With the Christmas and New Year festivities already becoming a blur in the rear-view mirror, what better way to blow away the few remaining cobwebs and see-off the January blues than to immerse yourself in RPC's Annual Insurance Review 2025.

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Thinking - Publication

Financial professionals

Published on 14 Jan 2025. By Esme Watson, Senior Associate and Rachael Healey, Partner and David Allinson, Partner and Antony Sassi, Managing Partner

In March 2024 the FCA published the findings from its Thematic Review of retirement income advice, looking at the landscape c. 9 years post-pension freedoms against the backdrop of an ageing population. No fundamental problems were identified but the FCA set out some areas for improvement, from more consistent fact finding to considering the value being provided in respect of any ongoing services.

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Thinking - Publication

General liability

Published on 14 Jan 2025. By Charles Appleby, Senior Associate and Gavin Reese, Partner, Head of Regulatory and Fiona Hahlo, Partner and Mamata Dutta, Partner and Thom Lumley, Partner

This has been a dramatic year for cases involving fundamental dishonesty. In Williams-Henry v Associated British Ports Holdings Ltd, the King's Bench Division found that the Claimant, who had suffered a moderately severe brain injury, had dishonestly exaggerated her symptoms and attempted to inflate the value of her claim by over £1million. Although liability was admitted and, but for her dishonesty, she would still have been entitled to damages just under £600,000, the Court dismissed the whole of her claim. The Judge found that, given the extent of her deception, there would be no substantial injustice to the Claimant by her losing the genuine elements of her claim along with the dishonest ones.

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Thinking - Publication

Health and Safety

Published on 14 Jan 2025. By Gavin Reese, Partner, Head of Regulatory and Fiona Hahlo, Partner and Thom Lumley, Partner and Mamata Dutta, Partner

As the single greatest cause of work-related deaths due to past exposure (according to HSE's Annual health and safety statistics 2024.

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Thinking - Publication

Accountants

Published on 14 Jan 2025. By Patrick Paper-Barclay, Senior Associate

A key trend for the accounting world in 2024 was the sheer number of corporate insolvencies, and the knock-on effect of this in terms of claims against accountants. The number of corporate insolvencies continued to build upon the record levels already seen in 2023, which saw the highest number of annual corporate insolvencies for 30 years. The Insolvency Service's Annual Report in July 2024, for example, reported almost 11,000 new insolvency cases in the previous 12 months, an increase from just over 9,000 the previous year.

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Thinking - Publication

International arbitration

Published on 14 Jan 2025. By Ana Margetts, Associate (New Zealand qualified) and Jonathan Wood, Partner, Chair of International Arbitration

The Arbitration Bill received its first and second readings in parliament in July 2024. Having first come before parliament in September 2023 under the UK's then Conservative government, it will once again proceed through the House of Lords and House of Commons, before receiving Royal Assent and becoming law.

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Thinking - Publication

Intellectual property

Published on 14 Jan 2025. By Ciara Cullen, Partner, Retail & Consumer Sector Lead and Joshua Charalambous, Partner

Since our 2021 Review we have returned frequently to Sky v Skykick, a trade mark dispute that has been ongoing since 2016. In November 2024, the Supreme Court overturned the decision of the Court of Appeal (see here) finding that an inference of bad faith may be drawn if sufficient evidence exists – as there was in this case – that the applicant had never had any intention to supply or provide certain goods or services for which it sought trade mark protection. Once an inference of bad faith has been drawn, this may prove grounds for a mark to be wholly or partially invalidated.

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Thinking - Publication

Art & specie

Published on 14 Jan 2025. By Karen Barnard-Taylor, Senior Associate

Following reports in 2023 that the British Museum had discovered that around 2,000 artefacts were either lost or damaged, it has this year concluded its internal investigation. The Museum found that it had not been compliant with UK legislation regarding how such artefacts should be kept. The Public Records Act requires all UK museums and libraries to meet basic standards of preservation, access and professional care. The consequences of such failings can mean collections being transferred elsewhere or handed over to the National Archives, although it seems the British Museum may be spared this outcome. The Museum is working with the National Archives to ensure their future compliance. This will include the introduction of new policies, such as defining what comprises its collection, introducing a policy for registering items, and improving its policy for reporting unlocated items.

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Thinking - Publication

Aviation

Published on 14 Jan 2025. By Naomi Vary, Partner

In this this inaugural aviation chapter of the Annual Insurance Review, it would be impossible not to focus on the continuing upheaval wrought by the Russian invasion of Ukraine. The aviation industry, which had largely weathered the disruption of the Covid pandemic, has been faced with new challenges since February 2022. Closure of European airspace to Russian aircraft, and of Russian airspace to aircraft from "unfriendly" countries, has forced route networks to adapt. Western sanctions which prohibited the supply of aircraft to Russian airlines have derailed longstanding relationships between Western aircraft lessors and their Russian customers. Prohibitions on the provision of insurance have similarly impacted aviation business models.

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Thinking - Publication

Legal practices

Published on 14 Jan 2025. By Richard Breavington, Partner and Daniel Guilfoyle, Partner and Jonathan Crompton, Partner

A crumbling regulator? The SRA is facing difficult questions about its effectiveness as a regulator in the wake of the collapse of Axiom Ince, which led to the disappearance of £62million and the loss of around 1,400 jobs. Initially Insurers received a flood of claims totalling around £33million. In an unpopular move, the SRA announced the profession will cover the loss through a 270% rise in contributions to the Compensation Fund.

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Thinking - Publication

Brokers

Published on 14 Jan 2025. By Daniel Charity, Associate

The claims inflation seen in the market over recent years continues to pose a significant risk in relation to underinsurance, putting brokers at risk of negligence claims where an insured finds its cover insufficient to compensate for its losses. Industry research indicates that over 40% of commercial properties are underinsured, and claims managers are increasingly having to have difficult conversations with underinsured property owners. The impact of underinsured losses can be catastrophic for customers, particularly when policies contain average clauses. Insufficient property damage cover can also lead to longer business interruption periods, which are also not adequately insured. Brokers are playing a crucial role in seeking to tackle the underinsurance crisis and should continue to have frank discussions with clients and provide detailed advice on the implications of underinsurance in the event of a claim, including the application of average clauses.

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Thinking - Publication

Life sciences

Published on 14 Jan 2025. By Dorothy Flower, Partner

COVID-19 continued to dominate life sciences headlines in 2024. The COVID-19 Inquiry has continued in earnest. Module 3, which focussed on the impact of the pandemic on healthcare systems has recently concluded. Damning evidence has been heard about the immense toll on healthcare staff, and the detrimental impact on NHS waiting times.

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Thinking - Publication

Class Actions and Collective redress

Published on 14 Jan 2025. By Lucy Dyson , Partner

The UK group litigation/ class action landscape continues to expand, particularly in an environmental and consumer context. Whilst we still have no US-style "opt-out" class action regime for civil claims (opt-out class actions are only viable in respect of competition law infringements), the available mechanisms for seeking redress on behalf of multiple claimants, continue to be tested.

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Thinking - Publication

Marine and shipping

Published on 14 Jan 2025. By Iain Anderson, Partner and Toby Savage, Partner

Two words are dominating the shipping sector in 2024 – "shadow fleet". The shadow (or "dark" or "grey") fleet is a reference to vessels which transport oil and petrochemical cargoes on behalf of sanctioned countries. Western economies finance, operate and insure the vast majority of the world's merchant fleet. Expansion of US, EU and UK sanctions means that, in general, vessels carrying cargoes from sanctioned countries cannot operate within the usual international shipping infrastructure. They are forced to go "dark" in a far more opaque part of the shipping sector. Until 2022 the shadow fleet was relatively small – restricted mainly to the carriage of Venezuelan and Iranian oil/petrochemical cargoes. The Russian invasion of Ukraine in 2022 – and the expansion of international sanctions against Russia – has vastly increased the shadow fleet.

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Thinking - Publication

Climate risk and biodiversity

Published on 14 Jan 2025. By Lucy Dyson , Partner

2024 closed with the conclusion of COP29 and COP16 conferences. COP29 continued discussions in relation to financing greener energy projects and compensation of developing countries in the Global South for loss and damage as a result of extreme weather events.

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Thinking - Publication

Construction

Published on 14 Jan 2025. By Alan Stone, Partner and Ben Goodier, Partner and Tom Green, Partner and Zoe Eastell, Partner

This year the new Leasehold and Freehold Reform Act 2024 (the LFRA) enacted various amendments to the Building Safety Act 2022 (BSA), which came into force on 24 July 2024 and 31 October 2024.

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