Pinsent Masons

This Market Standards Trend Report was published in 2020 and is not maintained. It examines the recommendations and guidelines for public companies in place at the time of publication in relation to ethnic diversity reporting in the UK, focusing on how these have been interpreted, implemented, and reported on by FTSE 100 constituents. The report also examines developments anticipated to have an impact on this area, and provided companies with expert ‘best practice’ guidance in advance of the target deadline set by the Parker Review for FTSE 100 companies to have at least one ethnic minority director on the board by the end of 2021.

The Alternative Investment Fund Managers Directive (Directive 2011/61/EU) (AIFMD), as implemented in EU Member States, introduced requirements concerning transparency and the information which must be disclosed to potential investors prior to making a decision to invest. The principal document for any investor and alternative investment fund manager (AIFM) is the investment prospectus, also known as an information memorandum, which must be drafted to include all information in relation to the investment opportunity to allow an investor to make an informed choice. This Practice Note lists the prospectus transparency requirements imposed by Article 23 of AIFMD and explores those concepts in relation to preparing an investment memorandum that is fit for purpose.

This Practice Note, produced in partnership with Hatice Ismail of Pinsent Masons, provides a broad overview of the application of FATCA to UK Trusts. It is one of a series of Practice Notes explaining the reporting requirements in the UK arising as a result of the introduction of FATCA. It considers the Intergovernmental Agreement (IGA) between the UK and the US (the UK:US IGA) and the UK’s domestic implementation regulations, the International Tax Compliance Regulations 2015, SI 2015/878.

This Practice Note explains the regulation and enforcement of fire safety laws for non-domestic premises in Scotland. It considers the requirements of Part 3 of the Fire (Scotland) Act 2005 and the Fire Safety (Scotland) Regulations 2006, SSI 2006/456. It touches on fire safety in Scotland following the Grenfell Tower fire, including the Review of the Fire Safety Regime in Scotland for High Rise Domestic Property. It considers the scope of fire safety duties placed on Scottish employers and on persons who have control of relevant premises, the fire safety criminal offences which may be committed, the enforcing authorities for fire safety in Scotland as well as the enforcement powers available in response to fire safety offences and fire safety breaches in Scotland. It also explains the scope and purpose of prohibition notices, enforcement notices and alteration notices in the context of fire safety in Scotland.

This Practice Note explains the key fire safety offences in England and Wales under the Regulatory Reform (Fire Safety) Order 2005, SI 2005/1541 (as amended) including key changes made under the Fire Safety Act 2021 (FSA 2021), Fire Safety (England) Regulations 2022, SI 2022/547 and section 156 of the Building Safety Act 2022 (BSA 2022) in England and Wales. It provides an introduction to the key fire safety duties contained in this legislation and provides links to additional related resources as well as explaining how fire safety breaches are enforced, which bodies are responsible for enforcement and their powers of enforcement including information on the various notices which may be imposed. The Practice Note also provides guidance on the key fire safety offences as well as the maximum penalties which can be imposed following conviction.

This Practice Note contains a glossary of common words and expressions used in Scottish property law with the nearest England and Wales equivalent (where relevant) and links to useful property related websites.

This Practice Note considers the different stages in transactions for the sale of commercial property in England and Wales compared to those in Scotland, at pre-contract, contract, post-contract, completion and settlement and post-completion and settlement stages.

This Practice Note considers the different stages in lease negotiations for commercial property in England and Wales compared to those in Scotland, at pre-contract, contract, post-contract, completion and settlement and post-completion and settlement stages.

This Practice Note explains the basis of the Health and Safety Executive’s (HSE) powers in Scotland and highlights the different approach to the investigation and prosecution of health and safety breaches under the Health and Safety at Work etc Act 1974 (HSWA 1974) and associated safety regulations in Scotland. It explains the powers of inspectors under section 19 of the Health and Safety at Work Act 1974, interviews under section 20 of the Health and Safety at Work Act 1974 and the use of interviews under caution and voluntary witness statements in Scottish health and safety investigations as well as conflicts of interest and how the decision to prosecute is taken in Scotland.

This Practice Note sets out and examines the remedies of permanent interdict and interim interdict under Scots law. In doing so it considers a number of key concepts including: the nature and scope of final interdict and interim interdict; the Scottish courts’ jurisdiction and discretion to determine actions for interdict; what is required for a competent interdict claim including title and interest, craving interdict, the need for precision, etc; defences to interdict; damages for wrongful interdict; recalling interdicts; challenging the court’s decision to grant or refuse interdict whether final or interim; the ramifications of breaching an interdict; and judicial expenses in relation to interdict.

This Practice Note focuses on longevity swaps as a means for defined benefit pension schemes to hedge the longevity risk they face. In particular, this Practice Note explains how longevity swaps work, what considerations are relevant to employers and trustees when deciding whether to enter into a longevity swap contract and if so, on what terms.

This Practice Note explores non-UCITS retail schemes (NURS) and comments on investment powers, promotion, key investor information documents, and NURS that are funds of alternative investment funds (FAIFs) or property authorised investment funds (PAIFs).

This Practice Note provides an overview of ordinary cause procedure in the Court of Session. It provides guidance on how to start an ordinary action and the requirements of the summons, service of the summons and how to respond to the summons as a defender. It covers disclosure/recovery of documents, adjustment and amendment of pleadings, the requirements of the open and closed record, decree in absence, decree by default and summary decree. It explains how a substantive hearing (debate, proof, proof before action or jury trial) is fixed in an ordinary action and the main procedural requirements associated with each type. It also summarises how to enforce the final decree (decision of the judge), how to appeal the judgment and the position regarding expenses.

This Practice Note looks at the Economic Crime (Transparency and Enforcement) Act 2022 in the context of property transactions in Scotland. It considers the registration of an overseas entity at Land Register of Scotland as the proprietor of a qualifying estate. It discusses the creation and maintenance of the register of overseas entities (ROE) and the interaction between this regime and the register of controlled interests in land (RCI) in Scotland.

This Practice Note considers the existing community rights to buy in Scotland under Part 2 of the Land Reform (Scotland) Act 2003 and asset transfer requests under the Community Empowerment (Scotland) Act 2015.

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