UK Approach Research Articles

The Spherical Tokamak for Energy Production (STEP) in context: UK public sector approach to fusion energy.

The UK's fusion energy approach has developed over the past 5 years to include government policy initiatives and a range of public sector investments designed to be delivered in partnership with the private sector. These have aimed to create an environment that stimulates innovation and investment to deliver economic as well as scientific and environmental benefits throughout the lifetime of the public sector fusion energy programme. The Spherical Tokamak for Energy Production acts as a focus and anchor for both public and private sector efforts to develop fusion energy, developing the supply chain and potential for Intellectual Property development and export opportunities well ahead of the anticipated STEP completion date of 2040. This is maximized by the UK's approach to a holistic research and innovation programme backed up by a regulatory and skills programme. This article is part of the theme issue 'Delivering Fusion Energy - The Spherical Tokamak for Energy Production (STEP)'.

UK and EU approaches to AI regulation: a world apart?

UK and EU approaches to AI regulation: a world apart?

A cybersystemic view of autonomous weapon systems (AWS)

Autonomous Weapon Systems (AWSs) are perhaps one of the most contentious forms of technology. However, the notion of an AWS is not easily defined since its differentiating feature from a weapon is the autonomous system. This lends itself to a systems approach to making sense of what constitutes an AWS.This paper's aim is to examine how a systemic perspective can aid our understanding of an AWS. It is proposed that an AWS can be interpreted in terms of three pillars. Firstly is system, which, when viewed in terms of self-regulating systems, leads to the second pillar which is autonomy. Underpinning the functioning of these self-regulating systems is the third pillar, values, manifesting in their legal and moral considerations. The UK approach to AWS, revealed in a number of recent Ministry of defence documents is explored using the three pillars. This provides a rich insight into the complexity associated with AWS and the challenge of defining what constitutes the system, the nature of autonomy and how values govern their use, in particular legal compliance and ethical judgement. It is concluded that the three pillars offers a useful framework to make sense of the complexity of other forms of autonomous technological systems.

The role of the physician associate in the United Kingdom

Physician associates (PAs) were introduced in the United Kingdom to address staffing shortages and fill service gaps, aiming to unburden doctors. Notably, in the backdrop of recent high-profile cases involving professional negligence and misconduct by PAs, the government has outlined a plan to expand the PA workforce and broaden their scope of practice. This commentary critically assesses the role, training, and regulation of PAs, juxtaposing the UK's approach with the US model. Concerns regarding disparities in training between PAs and doctors, potential impact on patient care quality, and lessons from the US experience raise substantial questions. Recommendations are provided to align with patient safety, professional standards, and the unique demands of the National Health Service (NHS). Despite the government's efforts to expand the PA workforce and its scope, uncertainties persist regarding their contribution to patient care and the implications for medical profesionals.

Crypto-asset regulatory landscape: a comparative analysis of the crypto-asset regulation in the UK and Germany

The purpose of this research paper is to compare and analyse how crypto-assets are regulated in the UK and Germany. The aim is to understand and highlight the approaches taken by these two countries in terms of regulating crypto-assets and to explore the potential impact that their regulatory frameworks could have on the market for these crypto-assets. The research employs a doctrinal research design to examine the crypto-asset regulatory regimes in the UK and Germany. A comprehensive review of existing literature, official regulatory documents and relevant legal frameworks is conducted to understand the core components of each country's crypto-asset regulations. The findings of this study reveal divergences in the regulatory approaches of the UK and Germany towards crypto-assets. While the UK has embraced a principles-based regulatory framework, fostering innovation and industry growth, Germany has adopted a more prescriptive and cautious approach, focusing on investor protection and market stability. The research identifies that the UK's flexible approach has attracted a flourishing crypto-asset ecosystem, while Germany's conservative stance has offered greater investor confidence. However, certain regulatory gaps and challenges persist in both jurisdictions, such as ambiguities in classification and tax treatment, requiring further attention.

EVALUATING THE ADMINISTRATION OF JUSTICE AND ABUSE OF PROCESS: A CRITICAL ANALYSIS OF THE MARIANA JURISDICTION CHALLENGE [2022] AND THE EUROPEAN SYSTEM OF LAW FOR CIVIL AND COMMERCIAL MATTERS FOR A THIRD STATE

Background: This research critically analyses the jurisdictional challenges and their implications for the proper administration of justice in the case of Mariana vs. BHP Group [2022] EWCA Civ 951. The legal route taken by the High Court of Appeal is examined, considering both the proceedings in the UK (pre-Brexit) and a third state (Brazil). This text examines the impact of the European legal framework on EU member states and evaluates the approach of UK towards Article 34 of the Brussels Regulation. The analysis examines whether pursuing damages based in civil or commercial liability suffered by victims domiciled in a Third State through European jurisdiction is appropriate. Methods: The study employs a case law analysis, supported by doctrinal legal research methodology, to systematically examine the balance of the principle of forum non conveniens and the consistent application of the Brussels Regulation in the Mariana Case. This is a critical review of the UK High Court's decision to overturn Judge Turner's ruling. The review emphasizes the adherence to historical national precedents, European Union Law, and the European Court of Justice's previous rulings against the United Kingdom's strike-out legal technique. The article explores the complexities of administering justice, focusing on the interplay between case management discretion, the principle of proportionality, and the court's responsibility to ensure a fair trial. It analyses the impact of factors such as the court's structure, case complexity, and the time required for resolution within this framework, while also considering the court's duty to administer justice effectively. . Results and Conclusions: The study's findings enhance comprehension of jurisdiction challenges in transnational litigations within the European Legal System and their implications for the proper administration of justice. The article recommends a balanced approach that upholds the substantial rights of claimants while aligning national practices with EU civil liability standards, promoting judicial harmony in transnational civil and commercial liability cases in the European Union.

Eurocodes evolution: latest developments and UK approach

In an important update, Steve Denton, David Nethercot, Andrew Bond and Mariapia Angelino explain the timeframe for publication of the suite of second-generation Eurocodes, and provide clarity over the period in which first- and second-generation codes will co-exist.

United Kingdom ∙ Striking a Balance: UK's Pro-Innovation Approach to AI Governance in Light of EU Adequacy and the Brussels Effect

United Kingdom ∙ Striking a Balance: UK's Pro-Innovation Approach to AI Governance in Light of EU Adequacy and the Brussels Effect

Digital gatekeepers and new standards: comparison between the EU, UK and Japanese approaches

Digital gatekeepers and new standards: comparison between the EU, UK and Japanese approaches

Landscape sensitivity assessment within spatial development scenarios. Latvia case study

European countries have different experience in landscape characterisation and assessment. Comparing the different approaches used in different European countries, it is proposed to use the method developed and validated in the United Kingdom - Landscape Character Assessment, adapted and modified for the Latvian situation. This approach has also been used in most other European countries, which have chosen to use the UK approach to landscape characterisation, adapting it to their specific national situation. The need for a landscape assessment in Latvia is highlighted in the Latvian Landscape Policy Guidelines 2013-2019 and Latvian Landscape Policy Implementation Plan 2024-2027, taking into account the actions set out in the European Landscape Convention to be taken by all Parties to the Convention. The purpose of the research was to carry out the analysis of Latvian landscape sensitivity within spatial planning scenarios important for local municipalities. It is of high importance to assess landscape sensitivity for changes of build and natural environment influencing pace and scale of development of the rural areas of Latvia. As local municipalities set different goals for their spatial development, common spatial development scenarios were chosen to make analysis of landscape sensitivity in Latvian landscapes. Results from the analysis of landscape sensitivity show variation of suitable actions to be implemented if different places in Latvia. The results also can be used for defining landscape quality goals to harmonise scope of activities to be implemented by local municipalities of Latvia.

Law(s) against unfair competition: the legitimacy of the UK approach

Abstract The UK lacks a unified legal basis for the prevention of unfair competition. Instead, the UK offers up an unfair competition menu consisting of individual torts or equitable wrongs (primarily passing off, injurious falsehood, defamation and the breach of confidence), the prohibition of misleading practices under consumer protection law, trade mark law and codes of advertising regulation. In terms of their cumulative coverage, these regimes overlap considerably with the protection available under civilian unfair competition regimes. It is therefore more accurate to say that the UK has laws against unfair competition. But are they cumulatively sufficient? This article evaluates one important facet of this question—whether the UK approach complies with relevant international treaty obligations contained in Article10bis of the Paris Convention—concluding that it does. The basis for this conclusion is the detailed analysis of international unfair competition prevention obligations contained in WTO Dispute Settlement Panel Report, Australia—Tobacco Plain Packaging.

The rule of law in the UK: essence and approaches to determination

The research is focused on the essence of the rule of law as a constitutional and legal principle as the basis of the UK constitution and approaches to its determination. The rule of law, being a general legal principle, which has been developed in various legal concepts, including the British rule of law, the German rechtsstaat, the French etat de droit, at the present stage has become one of the fundamental constitutional and legal characteristics, both at the national and supranational level. National concepts of the rule of law, having certain differences and peculiarities, are essentially aimed at achieving similar goals. However, their substantive content is formed on the basis of existing features of specific national legal orders. One of the earliest and most developed in terms of constitutional and legal theory and practice is the UK approach to the rule of law. However, the question of its determining remains relevant at the present stage. The object is the concept of the rule of law developed in the UK, the subject is its specific features and manifestations, as well as approaches to its determination in British legal doctrine and practice. The purpose is to explore the issue of determination of the rule of law in the UK and to form a comprehensive approach to understanding its essence. The methodological basis of the research is constituted by 1) dialectical method, 2) general scientific methods including analysis, synthesis, comparison, analogy, deduction and induction, 3) special methods including logical, formal-legal, comparative-legal, and statistical methods. Based on the analysis the author makes an attempt to define the essence of the rule of law as an integral part of the UK constitution and its key features.

Comparing the UK and USA approach in responding to child and adolescent abuse

Comparing the UK and USA approach in responding to child and adolescent abuse

OP114 Health Technology Assessment Of Digital Technologies: Results From Two Past Examples And Thoughts For The Future

IntroductionDigital health care is a rapidly growing and increasingly diverse area of medicine and social care. Health technology assessment (HTA) agencies around the world are engaging with digital health technologies and developing methods for appropriately assessing their value. Given our experience in HTA for pharmaceuticals and how methodologies must differ when assessing medical devices and diagnostics, we must be proactive in rapidly developing useful methods for assessing a variety of digital health technologies.MethodsWe will first present the results of two completed HTAs from the UK and contrast their methods and results, while looking at the UK approach to assessing digital health care in general. Next, we will present preliminary results from an ongoing consensus conference study of HTA’s for integrated digital technologies. This study will use a modified Delphi methodology to develop statements for discussion at a consensus conference. The primary research question is “how digital technologies can help build resilient healthcare systems and how HTAs can assess their value”.ResultsAn HTA conducted in the UK of an artificial intelligence-enabled ambulatory electrocardiogram device resulted in a recommendation for further real-world evidence generation. Another HTA of a digital therapeutic app for insomnia, which was also conducted in the UK, resulted in a positive recommendation but the process was lengthy and needed to be flexible. The preliminary results of an upcoming consensus conference study will also be presented. The consensus panel will consist of a range of stakeholders from digital experts, HTA practitioners, clinicians, health economists, industry representatives, and policy makers.ConclusionsDigital technology is now a broad field with a wide range of very different technologies included in its definition. Questions remain as to whether digital technologies should be assessed using a traditional pharma-based framework for HTA, a MedTech model, or something else entirely. Given our past experience of developing flexible methods for HTA, we have an opportunity to develop useful recommendations and best practices from the ground up.

Negative Implications of Greater Access to the Courts in the Takeover Process

Abstract 358 Recent judgments of the Court of Justice of the European Union involving Austria and Italy raises the question of whether greater access to the courts makes ineffective the duty of supervisory authorities in enforcing the mandatory bid rule. This question is discussed in the context of provisions in the Takeover Bid Directive that enables Member States to avoid disruptive greater access to the courts. The overarching argument advanced in this article is that a system of takeover regulation that provides parties the ability to challenge regulatory decisions in courts is bound to cause delays and uncertainty in the takeover process. In the UK, the Takeover Bid Directive was implemented in a way that limits greater access to the courts for parties that are required to comply with the ruling of the supervisory authority. The article suggest that the UK approach may provide a benchmark for reform in EU countries. 359

Universal Service Obligation (A comparison between the UK and Saudi Arabia)

The field of communications has experienced a surge in importance within modern society, with the COVID-19 crisis serving as a clear testament to its significance. In order to address this need, governments worldwide have adopted the Universal Service Obligation (USO) as a means of ensuring that individuals have access to a reliable internet connection. While the interpretation and implementation of the USO may vary, both the UK and Saudi Arabia have embraced this concept to develop their communication sectors. Nevertheless, there are notable distinctions between the UK and Saudi USO approaches. The UK USO is firmly rooted in the principles of citizen rights and socio-economic development, aiming to empower individuals and communities. On the other hand, the Saudi USO places a stronger emphasis on government provision and control. Many experts argue that involving stakeholders in the USO implementation process, as exemplified by the British model, can yield more significant outcomes. In conclusion, the field of communications has gained immense importance, particularly evident during the COVID-19 crisis. The adoption of the USO by governments like the UK and Saudi Arabia demonstrates their commitment to developing communication infrastructure. However, the approach and emphasis may differ, with stakeholder involvement being seen as a crucial factor for success. Regular evaluation and updating of the USO are essential to ensure its adequacy and relevance in an ever-changing digital landscape.

Interview with Will Middleton: The UK's approach to cyber security capacity building in a changing world

Interview with Will Middleton: The UK's approach to cyber security capacity building in a changing world

From East to West: Lessons Learned from China and the UK's Approaches to Environmental Regulation of Multinational Enterprises

Environmental regulations play a crucial role in shaping the operations of multinational enterprises (MNEs), with different countries adopting diverse approaches to ensure sustainable development and reduce environmental degradation. This essay will provide an in-depth comparison of the environmental regulations in China and the UK, focusing on critical aspects of their regulatory frameworks, climate change and carbon emissions policies, corporate environmental reporting requirements, and enforcement and compliance systems. The central argument of this essay is that the differences in ecological regulations between China and the UK have significant implications for MNEs operating in these countries, affecting their compliance costs, operational risks, and opportunities for innovation. By comparing the regulatory landscapes in China and the UK, this essay provides valuable insights for policymakers, business leaders, and other stakeholders in understanding the complexities and implications of multinational operations in different regulatory environments.

Ships without crews: IMO and UK responses to cybersecurity, technology, law and regulation of maritime autonomous surface ships (MASS)

This article considers the current technological developments in uncrewed Maritime Autonomous Surface Ships (MASS), examines the legal and regulatory challenges that they raise, and describes the ways in which an international body (the International Maritime Organization, IMO) and a national agency (UK Maritime and Coastguard Agency, MCA) are engaging with the massive task of regulating this new development in shipping. To achieve the research aim, the article combines primary data from interviews with industry, government and international regulators, a survey completed by practitioners, experts and academics working in the field, and relevant secondary sources. The article makes an original contribution by noting and analyzing the approaches of the IMO and the UK government–bodies which are highly influential in shaping global attitudes, preparation, adoption and responses to such innovative technologies like MASS–and how they have engaged with the difficult question of regulating the various legal, technical and cybersecurity challenges that they raise. It concludes that for the MASS technology to fulfill its potential and gradually see the integration of such vessels in international shipping in a safe, secure and sustainable way, the international community needs to work together, and update by consensus the key legal instruments and policy documents. In this major task, the UK approach and IMO's leading role can play a protagonist role in developing best practice and implementing respectively.

Current practice and provision of oncoplastic breast-conserving surgery in the UK: results of the ANTHEM national practice questionnaire.

Oncoplastic breast-conserving surgery (OPBCS) may be a better option than mastectomy ± immediate breast reconstruction (IBR) for women with breast cancer but studies directly comparing the techniques are lacking. We surveyed UK breast units to determine the current practice of OPBCS to inform the design of a future comparative study. An electronic survey was developed to explore the current practice of OPBCS. This included the local availability of volume displacement and/or replacement techniques; number of cases performed; contraindications and approach to contralateral symmetrisation. Summary data for each survey item were calculated and overall provision of care examined. 58 UK centres completed the survey, including 43 (74%) stand-alone breast and 15 (26%) combined breast/plastics units. Over 40% of units (n = 24) treated more than 500 cancers/year. Most units offered volume displacement techniques (TMs) (97%). Over two-thirds (n = 39. 67%) of units offered local perforator flaps (LPF). Approximately a half of units (10/19) not performing LPF were planning to introduce them in the next 12-24months. A third (n = 19, 33%) of units routinely performed simultaneous contralateral symmetrisation mostly with two-surgeon operating. There were limited oncological restrictions to OPBCS with no contraindications for multifocal cancers in most centres; 65% of units (36/55) offered OPBCS for multicentric disease. Extensive DCIS was a contraindication in a minority of units. OPBCS is widely available in the UK but contraindications and approaches to contralateral symmetrisation were variable. Work is now needed to prospectively evaluate the outcomes of OPBCS vs mastectomy ± IBR to support informed decision-making.