REGULATORY REVIEW

MARCH 2020

Welcome

by John Doherty (head of regulatory)

and Ed Weightman (regulatory review editor)

When compiling this spring edition of our regulatory review, which incorporates our individual articles published during the last quarter, we didn’t anticipate the current effects of the Covid-19 crisis. Therefore, our comment on that subject is limited here to wishing you and your families well during this exceptional time. We hope things will have improved significantly by the time our summer edition is due.

For now, please see below a selection of articles produced by members of our expert regulatory team in recent months (now a relative age of innocence). The diversity of the topics covered reflects the ever-increasing reach of regulatory law.

Jenna Coad and John Doherty look at what went wrong for Boeing and its response to the 737 Max’s safety problems. Jeremy Clarke-Williams analyses some recent and high profile examples of press misuse of private information in two articles. Ed Weightman reports on existing and proposed regulation where real estate and energy mix in the emerging market of heat networks. And anyone connected to charity fundraising is pointed to our final article on risks and how to avoid any mis-steps.

Our team has the skills and relevant experience to guide regulated businesses across various sectors. If any of the issues addressed might cause concern for your business or public body, please contact us.

Too little, too late - safety concerns not afforded Max priority by Boeing

By Jenna Coad and John Doherty

Boeing’s failure to act in the wake of two successive crashes concerning the now-grounded Boeing 737 Max has been the subject of much scrutiny, as has been the subsequent investigation into the company’s issues in developing the plane. The relevant aviation authority, the FAA, compounded the airline’s own mistakes by delegating a significant amount of its regulatory oversight to Boeing itself, resulting in a financial conflict of interest that has led to a slew of litigation and reputational damage for the company.

Read the full article

I'm a celebrity, but don't get my private information out of here!

by Jeremy Clarke-Williams

Several scandals within the media have pointed to the different ways in which a legal claim for misuse of private information might arise. Celebrities in particular are more vulnerable to those wanting to exploit their privacy for a story, yet the defence explanation is often that these same celebrities are profiting from any new publicity. The actions of those in the tabloid press and on social media do however lead to the question of at what point is someone who is in the public eye forced to put up with unlawful media activity?

Read part 1

Read part 2

Proposals for the regulation of heat networks - still time to get involved

by Ed Weightman

Those in the property and energy industries should take note of the Government’s planned proposals for the regulation of heat networks within the UK. It is looking to cut down the country’s greenhouse gas emissions per capita, and reducing unnecessary or inefficient heating is one of the many achievable changes that will greatly assist. Until 1 May 2020, organisations in the relevant sectors have the chance to influence the plans and mitigate any changes that may affect them by contributing to the Government’s consultation on the new regime.

Read the full article

Charity fundraising and regulation - the importance of compliance

by Ed Weightman

Compliance with rules and regulations when fundraising is imperative for the many charities which rely on public generosity and donations. Recently, many examples of poor fundraising practices have called into question the transparency of the sector - which in turn led to the establishment of the Fundraising Regulator, an independent non-statutory body which works on the basis of sector self-regulation. The Regulator sets standards for both charities and third party fundraisers through the Code of Fundraising Practice, and provides guidance on minimising any potential risks.

Read the full article