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The National Investment & Security Act 2021: the story so far

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Ludovica Pizzetti examines the latest trends in the UK’s National Investment & Security Act regime
  • The key trends that have emerged in the last year in relation to the enforcement of the National Investment and Security Act 2021, including the nature of sanctions imposed and the sectors most under scrutiny.

January 2025 marked the third anniversary of the UK National Investment and Security Act 2021 (NSIA 2021). In this article, we take stock of the key trends that have emerged particularly in the last year, and we look at anticipated developments for 2025. We also provide a brief overview of the increasing array of US trade and investment regulatory regimes and activities—most notably under the Committee on Foreign Investment in the United States (CFIUS) regime—that may affect deals having nexus to both sides of the Atlantic.

A standard consideration

The potentially far-reaching nature of the regime—with, among others, 17 broadly drafted ‘mandatory’ sectors, a high number of transaction structures potentially falling within scope (including eg internal re-organisations), and a rather loose

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MOVERS & SHAKERS

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

Freeths—Michelle Kirkland Elias

Freeths—Michelle Kirkland Elias

International hospitality and leisure specialist joins corporate team as partner

Flint Bishop—Deborah Niven

Flint Bishop—Deborah Niven

Firm appoints head of intellectual property to drive northern growth

NEWS
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After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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