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Knowledge Notes
UK Knowledge Collection | Emerging digitalisation trends, spending review, and carried interest tax reform
Welcome to this week's Knowledge Collection
Commercial
Contract formation in the digital age: English High Court finds binding agreement formed via WhatsApp messages
The case is a cautionary tale about the use of informal communication channels when negotiating agreements
The Built Environment
WhatsApp construction contract held to be binding in English law
Case acts as a reminder of the importance of formalising contracts and actively managing them
The Built Environment
Boost for housing and infrastructure in UK government spending review
Significant cash injection allocated, with more detail for the built environment sector expected in the forthcoming infrastructure and industrial strategies
Intellectual property
English Patents Court grants further interim injunctions to prevent generic launch pending appeal decision on patent and SPCs' validity
This follows the Court of Appeal overturning the Patents Court to grant interim injunctions until the first instance validity judgment
Competition, antitrust and trade
CJEU in Beevers cheese dispute rules that suppliers must actively protect exclusive distributors
Enforceable active sales bans are crucial in exclusive distribution agreements to comply with EU competition law
Financial Services
UK government sets out ambitions for growth with proposed regulation of cryptoassets industry
Draft legislation and an FCA discussion paper will bring new firms and activities within the regulatory perimeter
Real estate
UK Supreme Court rules against landowners seeking to restrict campers' rights on Dartmoor
Ruling held that 'open-air recreation' included camping in areas not designated as campsites
Tax
UK government makes concessions regarding new carried interest tax regime
The government has dropped two key proposals of its new tax regime for carried interest, effective from April 2026, following
IT and data
Irish Data Protection Commission imposes fines for transfer of personal data to China
Sanctions for third-country transfer violations remain infrequent but proper conduct of TIAs by controllers is essential
Life Sciences and Healthcare
European Commission confirms phased mandatory roll-out of Eudamed modules for medical devices
New timeline from Stuttgart workshop details compliance deadlines for medical device and diagnostics companies under updated framework
