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The decarbonisation of the built environment is likely to be on the UK Government’s agenda as it looks to make good on its commitment at COP29 to cut carbon emissions by 81% from 1990s level by 2035. How will this be achieved? Will Minimum Energy Efficiency Standards play a part, will we see more green leases or more building accreditations and is the UN’s Building Breakthrough initiative beginning to make a substantive difference?

In this Insight, first published in PLC, Yorkie Fong considers the decision in A&V Building Solution Ltd v J&B Hopkins Ltd [2024] EWHC 2295 (TCC), which clarified the binding nature of an adjudicator's decision on their fees and what constitutes a "substantial remedy" for interest under the Late Payment of Commercial Debts (Interest) Act 1998.

After months of speculation, the District Court for the Eastern District of Texas issued an order invalidating the U.S. Department of Labor’s (“DOL”) rule increasing the minimum salary threshold that must be paid to certain employees to render them exempt from the overtime requirements of the Fair Labor Standards Act (“FLSA”). Specifically, the court found that the DOL exceeded its rulemaking authority by putting a “sharp increase” on salary minimums that “effectively displace[d]” the job duties tests for those exemptions. Many employers were awaiting this ruling as they considered whether to sharply increase certain exempt employees’ salaries on January 1 to meet the new threshold or reclassify them as “non-exempt” and start paying overtime. For now, employers can go “pencils down” on that review.

In Gibbins v Tierney [2024] EWHC 2004 (Ch), the High Court reaffirmed the principles that apply when deciding whether there has been unfair prejudice, within the meaning of section 994 of the Companies Act 2006, in a quasi-partnership. This case is a good example of how unfair prejudice rules are applied by the Courts to quasi partnerships in circumstances where one party has allegedly sought to shut out another from management decisions.

It’s “Love your High Street Week”! So, what better way to start the week than to consider two significant legal reforms announced by the government last week, that are intended to boost and revitalise the High Street: Legislation was introduced to Parliament that will, for the first time, permanently cut business rates for qualifying retail, hospitality and leisure (RHL) properties from 2026 (and in the meantime, 250,000 RHL properties will receive 40% relief off business rates bills up to £110,000 per business to help smooth the transition to the new system); and High Street Rental Auctions powers will come into force on 2 December following the laying of secondary legislation last week, that will give businesses and community groups a ‘right to rent’ long-neglected town-centre commercial properties.

As 2024 election results roll in, Missouri employers should take note of two new employment requirements enacted via ballot initiative. Missouri voters passed the ballot initiative known as Proposition A, which will increase the state’s minimum wage and require private employers to provide employees with paid sick and safe leave (“PSSL”). Missouri joins Nebraska and Alaska, which passed similar ballot initiatives this fall, on the list of over twenty states where employees will be entitled to some form of earned PSSL. The leave requirements will be codified as RSMo 290.600-642, and the state minimum wage will appear in RSMo 290.502.