Updates

Advised emissions: Towards a climate-aware advisory ecosystem

What are advised emissions and why do they matter? ‘Financed emissions’ refers to the emissions that arise from projects funded by investment. ‘Advertised emissions’ describes emissions that are generated by encouraging increased consumption, particularly of high-emissions products. For lawyers, ‘advised emissions’ are the emissions that we support our clients to generate by providing advice to …
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Electronic Travel Authorisation scheme: What you need to know when travelling to the UK

What is an ETA? An Electronic Travel Authorisation (ETA) scheme has been launched as part of the UK government’s plans to strengthen the UK border through digitisation. The scheme will apply to most visitors to the UK who do not need a visa for stays of less than six months, and who do not have …
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AI – opportunities, threats and policy – an overview

AI will change the world.  As with previous innovations that revolutionised society, the nature of those changes are difficult to predict.  Legislators risk stifling innovation or imposing ineffective regulation if they act too hastily.  But gaps in regulation are also problematic because of the risk of discrimination, division and bias.  In the absence of clear …
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Environmental sustainability green light: CMA publishes green guidance

The UK now has its long-awaited competition and consumer focussed legal guidance on Green Agreements. It’s a great step forward in encouraging environmental sustainability agreements without fear of breaching competition law. Courtesy of the UK’s Competition and Markets Authority (CMA), as of last week we now have our very own UK Green Agreements Guidance. Consumer-focussed …
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Borrowing the family silver… a new power for charities with permanent endowment

In the Law Commission’s consultation on technical charity law issues there were differing views on what should be done with funds that are held as permanent endowment (i.e. where the capital cannot be spent). Some were in favour of relaxing the regime for accessing the capital, while others felt that this would allow the charity …
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Bates Wells’ strategic litigation roundtable – considerations and managing risk

Strategic litigation has the potential to bring about lasting change and develop the legislative landscape. On 27 September 2023 we brought together a group of third sector leaders to explore the role that strategic litigation has in furthering the mission of charities, NGOs and others, and to talk about what barriers there are to taking …
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Updated guidance for schools under the Equality Act regarding pupils with protected characteristics

The Equality and Human Rights Commission has updated its technical guidance for schools on their obligations under the Equality Act 2010 in England and Scotland. The updates have been made to ensure that guidance on the protected characteristic of sex and gender reassignment reflects developments in this area of policy and law. Background The guidance …
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Complaints and disciplinary procedures

Dealing with complaints is an inevitable part of any organisation’s work. But for organisations exercising a public function (such as professional membership organisations, regulators, and educational institutions) the handling of complaints is a crucial means by which they uphold professional and/or ethical standards and seek to protect the public. Complaints handling in these contexts is …
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Home Office’s position on graduates studying RIBA Part 3

Please note, this article was published in October 2023, but has been updated in August 2024. In August 2023, the Home Office confirmed their policy on the conditions of leave under the Graduate route, particularly for individuals interested in studying RIBA Part 3 to qualify as an architect. We have included some corrections to this …
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General Election 2024: Charity Campaigning – a guide

Click here to download the guide. The year before an election can be a fantastic opportunity for charities to engage with parties, candidates, the media and general public to raise awareness of their concerns and drive their mission forward. Elections offer an unrivalled shot for charities to secure support for policies that will advance their …
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Faith-based Organisations: 2023 Update

Welcome to our annual faith-based update. In a volatile and uncertain world, faith-based organisations bring hope, stability, community, and compassionate service to many. Faith-based groups often find that the boundaries of their responsibilities, as well as identity and culture, shift during these times. Our update includes practical advice on how to support staff when funds …
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Environmental litigation: themes, risks and how to evolve in the era of global warming

Climate cases have direct and indirect impacts on decision making at board, policy, judicial and government level. The fallout from this litigation can result in shifts in approach and financial and reputational damage even when cases are unsuccessful. More cases are being filed against corporate actors, litigation about investment decisions are increasing and there has …
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