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We are sharing an episode from the FInsight podcast series as part of the UK Disputes Soundbites series, because of its interesting findings, predictions and exploration of trends in the evolving disputes landscape, with reference to our fifth annual report, The Year Ahead: Global Disputes Forecast 2022.
Hear partners Amy Greer (New York), Marc Thorley (London) and Carolina Duque (Bogota) discuss key findings relevant for financial institutions and the factors driving the increase in disputes and emerging concerns related to liabilities. They also cover litigation around digital transformation, tax, ‘business-as-usual’ conduct, and; new environmental, social, and governance (ESG) standards.

The European Court of Justice released its judgement on 8 March 2022 in relation to Case C-213/19 (Commission v United Kingdom), concerning the UK’s undervaluing of imports of textiles and footwear from China and associated failure to fulfil obligations regarding customs control and the recovery of EU own resources, through failing to adopt measures necessary to combat fraud.

It’s clear that many businesses, governments and regulators have publicly recognised menopause as a health priority and started to take positive steps to break historic taboos and encourage support, particularly in the workplace. 64% of respondents to Part II of the recent Baker McKenzie Mind the Gap series confirmed that their organisation has implemented some form of menopause policy. 74% of those without such a policy plan to implement one within the next two years.

On 18 January 2022, HM Treasury confirmed that it will bring certain cryptoassets into the scope of the financial promotion regime. The Treasury’s view is that the evidence of risks to consumers provides a strong case for intervention, and as such it intends to expand the scope of the Financial Promotions Order to include cryptoassets. The Treasury’s announcement was followed the next day by the launch of an FCA consultation on strengthening the financial promotion rules for high-risk investments, including cryptoassets.

On 4 January 2022, the new UK foreign investment review regime under the National Security and Investment Act 2021 came into force. The new rules require businesses and investors to submit mandatory notifications for certain acquisitions of, and investments in, companies active in 17 key sectors of the economy. They also grant the Government extensive powers to investigate and impose conditions on a wide range of transactions (including both corporate investments and asset transactions) on national security grounds.