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This briefing examines three recent court cases that challenge conventional approaches to post-termination restrictions, revealing critical vulnerabilities in how employers draft non-competes, training clawback clauses, and group company protections. The analysis explores when these restrictions cross the line from legitimate business protection into unenforceable restraint of trade, with particular focus on probationary periods, indirect restrictions through repayment schemes...

Private capital is reshaping real estate financing beyond traditional senior debt, with operational real estate at the center of this transformation. As interest rates remain elevated and traditional lenders retreat, alternative capital providers are filling the funding gap with flexible structures and creative solutions. The shift requires lenders to underwrite not just buildings, but the businesses that operate within them, fundamentally changing how distress is managed and value is realized.

Following the Prime Minister's election announcement, Parliament was dissolved, impacting property reform progress. Key legislation like the Leasehold and Freehold Reform Act 2024 passed, while others await post-election continuation, reflecting bipartisan housing priorities.

The High Court has dismissed a judicial review application by ClientEarth to challenge a decision of the Financial Conduct Authority (FCA) to approve a prospectus...

Welcome to this month's briefing for HR teams and in-house employment counsel – bringing you this month's employment law highlights in an easy-to-read package.

The UK Government's decision not to include a new investor visa route in the upcoming Budget may appear to be a setback for wealthy individuals seeking UK residence, but the reality suggests otherwise.

The Retained EU Law (Revocation and Reform) Act 2023 (the Act) completed its journey when it received Royal Assent on 29 June 2023.

The guidance restates familiar principles, but now folds in the new "failure to prevent fraud" regime under the Economic Crime and Corporate Transparency Act 2023 (ECCTA)...

The Financial Conduct Authority (FCA) has published its latest "Dear CEO" letter to wealth managers and stockbrokers setting out the key risks it considers for this industry...

The High Court's recent decision in AZ v BY [2023] EWHC 2388 (TCC) concerns the use of material that is subject to without prejudice privilege in adjudications, and contains important lessons for parties and their advisors.

Over the past few years, generative AI has been changing the landscape of corporate legal practice.

The Parker Review Committee has published its latest update report on progress towards improving ethnic diversity among the senior management of UK companies.

Companies House, the UK companies registry, has begun to crack down significantly on companies that make late account filings, with directors personally exposed to criminal prosecution and disqualification.

On 25 September 2023, Pitchbook published their Global Private Debt Report (Report) on H1 2023 activity in the private capital markets.

On Thursday 9 November, Macfarlanes hosted a webinar which focused on the role of directors and in particular navigating those stresses...