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 Amy Sadro, Principal Associate in Eversheds Sutherland’s Environment, Health and Safety Team and Dr Chris Nelson, a Principal Consultant and specialist in noise and vibration at Finch Consulting give their views on recent HAVS prosecutio...

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In September 2019, the UK government introduced new legislation which will change the way in which food businesses are required to provided allergen information. The new legislation, which comes into force on 1 October 2021, requires food businesses...

Amidst the attention grabbing hysteria of Coronavirus headlines, some commentators have speculated that employers may be about to face prosecution if they don’t take all precautions possible to protect staff and third parties from infection. I...

Amidst the attention grabbing hysteria of Coronavirus headlines, some commentators have speculated that employers may be about to face prosecution if they don’t take all precautions possible to protect staff and third parties from infection. I...

Advice note - Remote/home working during the coronavirus outbreak Employers are facing unprecedented challenges due to the coronavirus, which for some mean that a significant proportion, if not all, of its workforce are working from home, at short n...

Under Gazette number 43199 of 2 April 2020, the Department of Co-Operative Governance and Traditional Affairs has issued various amendments to the regulations issued by it in terms of the Disaster Management Act, relating to funeral attendances, fin...

The lockdown announced by the President on 23 March 2020 left many parents who are co-holders of parental responsibilities and rights uncertain as to what the position is in regard to their right to exercise contact and care to their children during...

The Government has published advice on meeting the regulatory requirement to obtain a valid Energy Performance Certificate (“EPC”) prior to marketing a property during the Coronavirus outbreak. By way of reminder, the Energy Performance ...

Mining and Natural Resources Sector - Life after Lockdown and Covid-19:Updated on 16 April 2020 to include the amendments to the Regulations issued in terms of the Disaster Management Act No 57 of 2002 It has been an extremely frenetic few weeks sin...

BACKGROUND New Regulations were issued in terms of the Disaster Management Act, No. 57 of 2002 (Disaster Management Act) on 29 April 2020 (New DMA Regulations). Regulation 2(3) of the New DMA Regulations provides that any Directions issued by a resp...

On 29 April 2020, a directive addressing the implementation of necessary occupational health and safety measures in workplaces to reduce and eliminate the escalation of Covid-19 infections (“Directive”) was published. The Occupational He...

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On 20th March, we held the 'Coronavirus Insights and practical solutions for landlords' webinar. 

On 20th March, we held the 'Coronavirus Insights and practical solutions for landlords' webinar.  In this webinar, our speakers discussed how the outbreak of Covid-19 and the subsequent political and economic impact is having a signific...

Commercial Court – a return to action? On 4 May 2020, the Commercial Court Judge in Northern Ireland, the Honourable Mr Justice Horner, circulated an update to legal professionals stating clearly that the Commercial ‘Hub’ is open f...

As Bruce Dear writes, “COVID-19 poses a threat of unparalleled potency to our real estate markets and economy. So our industry and government must unite behind a grand, generous and visionary response to match the scale of this once in a cent...

COVID-19 is creating a fast-changing and uncertain landscape. Many prospective tenants will be undertaking fit out works under their agreements for lease. Our webinar held on 31st March highlighted some important practical steps that could be taken ...

  For landlords involved in construction works, COVID-19 is creating a fast-changing and uncertain landscape. Whilst many things are beyond a landlord's control, there are some important practical steps that can be taken to maximise control ov...

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In this session we answered some of the most common questions clients have asked us over recent weeks as well as digging into more detail around how your business should proceed with specific legal and technical challenges according to French, Germa...

As employers, trade unions, public health authorities and the government work together to safeguard communities, ease the lockdown and reopen workplaces, it is clear that leadership, trust and careful planning will play a vital role in this critical...

Slovak-Austrian Chamber of Commerce together with law firm Eversheds Sutherland invites you to a webinar: First practical experience with measures to mitigate the economic consequences of COVID19 in Slovakia. The Slovak republic applied a number of ...

Freehold Properties 250 Ltd v Field [2020] EWHC 792 (Ch) The tenants of terraced and semi-detached houses on an estate, demised under a long lease that excluded certain structural parts had no right to acquire the freehold title as they were not "a ...

INTRODUCTION The COVID-19 Regulations issued by the government have required persons to work from home, where they can. As we have engaged with our clients on a daily basis, one of the key questions is whether a person’s home becomes a “...

The Office of Fair Trading (OFT) has published details of the information sheets required by the Consumer Credit Act 1974 (CCA) as amended by the Consumer Credit Act 2006 for sending to borrowers in arrears and with default notices. The information ...

This case was a reference to the European Court of Human Rights under Protocol 1, Article 1 of the European Convention of Human Rights – peaceful enjoyment of possessions. The claimants had owned land that was leased to a group of fa...

The test case brought by the Office of Fair Trading (OFT) against a selection of banks and a building society has begun in the High Court in London. The case concerns the legality and reasonableness of charging unauthorised overdrafts and other bank...

It is estimated that there are currently hundreds of millions of pounds sitting unclaimed in UK bank and building society accounts. This forgotten money is a drain on the resources of financial institutions, when it could potentially be put to good ...

Clive Briault, FSA Retail Managing Director, gave advice to the Council of Mortgage Lenders Annual Conference urging firms to assess their funding and liquidity positions in light of expected worsening of liquidity and credit risks. Mr Briault also...

The OFT has published details of the information sheets required by the Consumer Credit Act 1974 (CCA) as amended by the Consumer Credit Act 2006 for sending to borrowers in arrears and with default notices. The information sheets are to be implemen...

The Financial Services Authority (FSA) has fined Toronto Dominion Bank £490,000 for systems and controls failings in relation to one of its trading books. The fine arose from a failure to supervise a trader within the firm who had been recordi...

Cherry Tree Finance sought to appeal against the decision that an early redemption penalty imposed by it was unfair. Mr and Mrs Evans carried out an antique restoration business from a property they owned. The property comprised part business and p...

From 6 April 2008, all new consumer credit agreements and consumer hire agreements will be regulated regardless of the amount of credit (unless they are exempt). The main exemption is for first charge mortgages regulated by the FSA. ...

The cornerstone of the Financial Services Authority (FSA) policy in the mortgage industry is the Mortgage Effectiveness Review (the Review). The first stage of the Review was published in 2006 and concentrated on disclosure, advice and selling pract...

In the current climate, whilst many are soul searching about how the financial sector was allowed to get into trouble, Islamic mortgage providers are quietly getting on with their business. The turmoil has had an impact for them but not as devastati...

Partly in an effort to counter the tide of mortgage fraud cases, the Land Registry has amended the Land Registration Rules 2003 with effect from 10 November 2008. The Land Registration (Amendment) Rules 2008 substantially amend many of the forms req...

The start of a new year is generally a good opportunity to cast our eyes back over the preceding year to examine the impact of the key Court of Appeal and House of Lords decisions. So what did the courts decide in 2008 that is likely to be of use o...

There are some important changes to the Civil Procedure Rules (CPR) coming into effect in April this year. The CPR is a set of rules that govern all civil court cases in England and Wales. General pre–action conduct The use of pre-action pro...

The Pre–Action Protocol for Possession Claims (the Protocol) has been in operation for three months. In 2009, we are beginning to get an idea of how the courts are interpreting its use. However, before going further, it's worth remembering wha...

The doctrine of subrogation can provide a remedy to a lender whose charge has not been properly registered. It can be a complex remedy but is worth exploring further both here and in future financial e–briefings. Indeed in the 'recoveries&nda...

Evidencing compliance The introduction of the pre-action protocol for possession claims in November 2008 represented one of the most significant changes for lenders in recent years. Few would argue with the principle behind the protocol - to encou...

It is reported today in the media that a Deputy District Judge in the South Shields County Court has made a finding against MBNA ("the Creditor") in respect of various aspects of the enforceability of a credit card agreement and a payment protection...

In recent years few, if any, lenders will have escaped the experience of borrowers challenging the enforceability of arrears administrations’ fees and regulators requesting that the level of such fees be justified, for example: credit card l...