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What’s in a name: Reconsidering the public interest in naming individuals in the press in the era of social media
In this thought piece, Natasha Davies and Emily Wilson consider the constitutional and human rights issues raised by the anonymisation of the family court judges who made decisions about the Sharif children prior to Sara Sharif’s murder. Currently, the leading case regarding the anonymity of judges upholds the principle that “where open justice prevails so …
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“Yes we CAN”: The new Climate and Nature Bill
The Climate and Nature Bill has its second reading in Parliament on 24 January and we’re one of hundreds of organisations supporting the proposed change in legislation. Its aim is to require the UK government to put stronger policy and action in place with important principles that go much further than the existing Environment Act. …
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Strategic litigation: Driving change and positive impact. January 2025
Over the past six months there continues to be an appetite to use the tools of strategic litigation to create accountability and address harms. We’re using this roundup to share information about key updates and insights in the area through litigation and policy action. Strategic litigation has had a significant impact on decision-making, policy setting, …
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CS3D – Who’s in Scope?
Since our last article, the Corporate Sustainability Due Diligence Directive (“CS3D”)[1] was published in the EU’s Official Journal on 5 July 2024, and it officially entered into force on 25 July 2024. EU Member States are required to transpose the Directive into their national laws by 26 July 2026. By way of reminder, CS3D creates: …
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Positives and pitfalls: Ofqual consults on introducing a Principles Condition to the General Conditions of Recognition
Awarding Organisations (AOs) and others involved in the awarding and qualifications industry have a few weeks left to respond to Ofqual’s consultation on the introduction of a ‘Principles Condition’ to its General Conditions of Recognition (‘GCOR’), the rules Ofqual imposes upon AOs it regulates. In this blog we consider the implications and what some positives …
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The new subscription regime: are you ready to renew?
The new Digital Markets Competition and Consumers Act came into force on 1 January 2025, bringing in a raft of changes to competition law for organisations in the UK. In this series we’ll be looking at key sections of the Act, and what this means in practice for businesses and charities. It might not …
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Bates Wells helped Sea Ranger Service agree a new partnership with The Crown Estate
During autumn 2024 Bates Wells helped the Sea Ranger Service agree a new partnership with The Crown Estate, and the first project is now underway. The Crown Estate has deployed Sea Ranger, which are young maritime trainees, to carry out wildlife monitoring in the Celtic Sea as part of a multi-year surveying programme in support …
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Bates Wells contributes to pioneering Charity Investment Governance Principles
Bates Wells has joined with CFG and other sector bodies to launch the Charity Investment Governance Principles (CIGP). Following on from the landmark charity investment case of Butler-Sloss in 2022 which set the precedent for charities to consider non-financial factors when making investment decisions, these new principles are aimed at providing greater clarity for trustees …
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Freedom of speech duties to be reintroduced in amended form, following advocacy from Bates Wells client NUS Charity and sector leaders
The Education Secretary, Bridget Phillipson, has announced that it is proposed to recommence the Higher Education (Freedom of Speech) Act 2023 in a significantly amended form. The key provisions were postponed by the incoming government in July 2024, days before they were due to come into force. Bates Wells, together with NUS Charity and other …
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2024 in review: strategic litigation
In 2024, strategic litigation continued to have an impact on decision making, policy setting and changes in the law. Decisions in a number of high-profile cases are likely to have far reaching implications for governments and organisations over the course of 2025 and beyond. In this blog we discuss several significant judgments and what they …
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Loans involving companies limited by guarantee: key issues for consideration
This article first appeared in the December 2024 edition of the Journal of International Banking and Financial Law. This article summarises key issues relevant to lenders and borrowers in loan financings that involve companies limited by guarantee as a borrower, guarantor and/or security provider. Key Points Introduction A company limited by guarantee (CLG) is a …
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The unsung legal heroes fighting back for wildlife
Since coming into power in Westminster, the Labour Party has been single-minded in prioritising economic considerations. Its packed legislative agenda included measures like the Planning and Infrastructure Bill, which aims to turbo-charge the delivery of infrastructure, at the expense of anticipated measures such as a proposed Climate and Nature Bill. Meanwhile, much-needed legislation to outlaw …
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