Osborne Clarke

This Practice Note is a guide to the implementation of sustainable procurement under Directive 2014/24/EU and the Public Contracts Regulations 2015. It identifies the main ways in which this can be achieved, such as the application of labels to technical specifications and sustainability assessments during selection and award. It also considers the use of performance requirements as a way to include environmental and social considerations.

This Practice Note examines the implications of waiving or amending performance conditions in respect of subsisting share options and awards including those granted under tax-advantaged share plans such as enterprise management incentives (EMI) schemes, save as you earn (SAYE) schemes, company share option plans (CSOPs) and share incentive plans (SIPs). It looks at both the potential tax consequences in relation to tax advantaged plans of amending performance conditions of subsisting share options and awards as well as the contractual issues which can arise in relation to all types of awards.

This Practice Note examines the implications of amending subsisting tax-advantaged share plans such as enterprise management incentives (EMI) schemes, save as you earn (SAYE) schemes and company share option plans (CSOPs). This Practice Note is written in partnership with Michael Carter of Osborne Clarke LLP and Mairi Granville-George of Osborne Clarke LLP.

This Practice Note considers anti-suit injunctions, a form of injunction used to restrain a party from either commencing or continuing proceedings in a foreign court. It explains what an anti-suit injunction is and the power of the courts to grant such an injunction. It then explores the basis on which an anti-suit injunction may be refused or granted. It considers the effect of a breach of an anti-suit injunction as well as the impact of foreign anti-suit injunctions on proceedings in the courts of England and Wales. Single forum anti-suit injunctions are also explained.

This Practice Note discusses the essentials of cyber insurance. It provides an overview of cyber insurance; the coverage available and common issues, including trigger language, causation, retroactive dates, silent cyber, ransom and extortion payments and war risks.

This Practice Note considers the law and practice applicable to food advertising to consumers. It considers the applicable regulatory regime, general considerations when advertising food, the use of health and nutrition claims in advertising, and advertising food to children, including products high in fat, salt or sugar (HFSS products).

This Practice Note provides guidance on the procedure for making a valid restricted securities election. This Practice Note was produced in partnership with Dan Sharman of Shoosmiths LLP.

This Practice Note provides a summary of the key energy specific provisions typically seen in facility agreements for the project financing of Renewables Obligation (RO) supported renewables projects (such as an onshore wind facility agreement, offshore wind facility, solar facility agreement and fuelled renewables facility agreements). It includes coverage of key facility agreement issues specific to projects of this type, including conditions precedent, representations and covenants, events of default, and interface with direct agreements.

This Practice Note describes the typical corporate and funding structure of a leveraged buy-out and explains: (i) typical features of a buy-out, (ii) factors influencing structure (tax considerations, security and enforcement issues, legal issues, source of funds), and (iii) some typical buy-out structures and an overview of their key features

This Practice Note provides an overview of Directive (EU) 2024/2831 on improving working conditions in platform work, the EU Platform Work Directive. It covers definitions regarding platform work, a legal presumption as well as rules on the use of algorithms in platform work. Furthermore, the rights of persons performing platform work are considered in conjunction with their enforcement and potential penalties.

This Practice Note sets out the key considerations and illustrative computations for determining which restricted securities election to make, ie whether to elect under section 425 or section 431 of the Income Tax (Earnings and Pensions) Act 2003 (or to make no election at all) upon the acquisition of restricted securities. This Practice Note was produced in partnership with Dan Sharman of Shoosmiths LLP.

Produced in partnership with Tim Williams and Duncan Parker of Osborne Clarke LLP.