In its Faraday decision the Court of Appeal has set aside a concluded land development agreement between a local authority and a developer for having been concluded in breach of procurement legislation. This is the first time that an English court h...

The European Commission has revised the thresholds relating to the award procedures of public contracts and concession agreements by means of four separate Commission Delegated Regulations, adopted on 30 October 2019, which entered into force on 1 J...

Do you have questions on health and safety whilst home and lone working during the pandemic?...

Are you comfortable with latest government guidelines on working in a pandemic? Are you enforcing social distancing? In a sea of ‘fake news’ do you understand how Coronavirus is actually spread and what is safe and unsafe?...

Higher education providers and further education colleges have continued to face close scrutiny of their student contracts and accommodation contracts for compliance with consumer and contract law. ...

Alternative forms of dispute resolution are becoming ever more common. Encouraged by the courts and increasingly favoured by parties, options such as mediation, arbitration and adjudication are becoming more widely used. But what are the differences...

Following the success of our inaugural pensions education sector conference 2019 we will be holding another conference next year in our Birmingham office. ...

Last Friday, the Home Office issued comprehensive guidance to assist employers and volunteer organisations in properly implementing the vetting and barring scheme. October 2009 saw the introduction of barred lists (which replaced t...

Comments made in Parliament yesterday by Theresa May, Minister for Women and Equalities, suggest that regulations introduced by the Labour government to extend paternity leave for fathers could be postponed and, ultimately, rewritten by the coalitio...

The Court of Appeal has today cast doubt on existing domestic case-law on when the obligation to consult begins under section 188 TULRCA and the EU Collective Redundancies Directive. Having considered two opposing views as to when consultation begin...

New draft legislation may adversely impact on commercial arrangements which have been put in place by employers to reward and/or incentivise employees or which employers may wish to use in the future. The new legislation relates to 'Disguised Remune...

Against a backdrop of difficult economic times, the appeal decision in Olds v Late Editions (and other cases) has been keenly awaited in the hope that it would clarify the application of TUPE law to insolvent businesses. A key question sits at the h...

Chelsea Football Club –v- Hardiman [2019] 10 WLUK 100 Chelsea had taken action to prevent an alleged ticket tout from selling tickets to football matches at the Chelsea ground.  It applied to court to continue the injunction which it had ...

CUADRILLA BOWLAND LIMITED & ORS (Claimants/Respondents) v (1-3) PERSONS UNKNOWN (Defendants) & (1) KATRINA LAWRIE (2) LEE WALSH (3) CHRISTOPHER WILSON (Appellants/Respondents to Committal Applications) [2020] EWCA Civ 9. The Court of Appeal ...

In Austria, the Civil Code provides in its Sections 1104 and 1105 ABGB for total or partial exemptions from existing rent payment obligations for tenants in the case that the leased property is unusable due to epidemics. When is a complete rent exe...

In November 2019 the National Crime Agency (NCA) published its annual Suspicious Activity Reports (SAR) Report for 2018/2019 (the Annual Report). The Annual Report focused on the continued year-on-year uplift in the overall number of SARs, and in pa...

As part of the UK Governments’ ongoing programme to implement the European Union’s Fifth Money Laundering Directive (5MLD) in UK law, the FCA will begin supervising Anti Money Laundering and Countering Financing of Terrorism (AML/CFT) co...

Cuadrilla Bowland Ltd & Ors v Persons Unknown & Ors [2020] EWCA Civ 9 Background In Boyd v Ineos Upstream Ltd...

The FCA recently published a discussion paper on transforming culture in financial services. The paper is a collection of short essays by industry leaders, professional bodies and culture experts and is aimed at helping firms to develop and emb...

On Friday 20 March 2020 the FCA issued guidance to supplement the government’s recent pledges of support for mortgage customers.  In this article we: summarise the key guidance relating to payment holidays and repossessions highlight tha...

Unexpectedly, the Government has issued regulations which will require trustees to make further changes to their Statement of Investment Principles (SIP) from 1 October 2020. They will also require additional disclosures in relation to investment pr...

The Pensions Regulator recognises that these are “unprecedented times” and that trustees and employers are facing significant and complex challenges across a range of issues including administration, investment, funding and employer cove...

I. Introduction The Covid-19 pandemic poses new challenges to society as a whole and to each individual. The rapid spread of the virus is currently prompting political decision-makers to react just as quickly by developing and adopting new measures...

In light of the Covid-19 outbreak both the UK and the Scottish Government have introduced measures to give both private and business tenants temporary protection from eviction and irritancy. Of particular interest for businesses is the extension of ...

In light of the Covid-19 outbreak both the UK and the Scottish Government have introduced measures to give both private and business tenants temporary protection from eviction and irritancy. Of particular interest for businesses is the extension of ...

By Decree No. 206 On Declaring Non-Working Days in the Russian Federation dated 25 March 2020 ("Decree No. 206") the President of the Russian Federation announced that from 30 March 2020 until 3 April 2020 would be considered non-working days in the...

The focus of most organisations during this coronavirus pandemic has rightly been on the health and safety of employees and the general public in tackling the spread of the virus. As the ‘new normal’settles in, and questions are asked a...

On 1 May 2020, the FCA published a statement clarifying its position on complaints handling and offering some relaxation of the rules in light of the practical challenges associated with the COVID-19 pandemic.  The regulator says it will review...

Please click here to download our quarterly financial crime horizon scanning booklet. The booklet summarises key financial crime related legal and regulatory changes expected over the next 18 months to 2 years, as well as providing electronic links ...

Please click here to download our quarterly financial crime horizon scanning booklet. The booklet summarises key financial crime related legal and regulatory changes expected over the next 18 months to ...

As additional EU rules come into force requiring UK credit and financial institutions with branches and subsidiaries in third countries to identify local law conflicts with group-wide AML policies and procedures, Zia Ullah and Ruth Paley of Evershed...

As the three European Supervisory Authorities (ESAs) publish a new joint opinion on money laundering and terrorist financing (ML/TF) risks affecting the EU financial sector, Zia Ullah and Ruth Paley take a look at the key risks, noting ...

Zia Ullah, Head of the Firm’s Corporate Crime & Investigations practice, and Ruth Paley, Of Counsel, take a look at the NCA’s annual SARs report published yesterday, and consider the key statistics including a huge, but predictable, ...

Please click here to download our quarterly financial crime horizon scanning booklet. The booklet summarises key financial crime related legal and regulatory changes expected over the next...

The Office of Foreign Assets Control (OFAC) has encouraged the communication of any OFAC compliance concerns related to COVID-19. As part of this, OFAC has provided the following guidance and contact information. Sanctions Programmes Fact Sheet On 1...

Please click here to download our quarterly financial crime horizon scanning booklet. The booklet summarises key financial crime related legal and regulatory changes expected over the next 18 months to 2 years, a...

As the FCA publishes new information on financial crime expectations for firms’ systems and controls during the coronavirus crisis, Ruth Paley and Hayley Astles of Eversheds Sutherland take a look at the key points for regulated firms to note....

A Councillor has successfully applied for judicial review of a decision by his own council to vary a contract for the development of a mixed retail, residential and transport hub in Winchester. The High Court ruled that the variations to the contrac...

...

On 13 September 2017, EDF and ERDF lost their fight to declare null and void the contracts they entered into further to bids that were rigged by Nexans France (“Nexans”), Prysmian Energies Câbles et Systèmes (“Prysmian...

Mergers and acquisitions (“M&As”) involving privately held companies in South Africa entail various legal, financial and other issues. Advanced preparation and an understanding of the fundamental practical and legal issues concerned ...

On 16 October 2019, the FCA published their feedback statement FS19/6 on Climate Change and Green Finance[1]. This feedback statement summarises the responses from stakeholders to the Discussion Paper (DP18/8) on Climate Change and Green Finance[2] ...

  Introduction Regulation (EU) 2019/2089, known as the Low Carbon Benchmarks Regulation, (the “Regulation”) was published in the Official Journal on 9 December 2019 and entered into force on 10 December 2019. The Regulation amends ...

Introduction For many years the FCA has considered whether to apply an overarching standard of care that should be applied to authorised firms. In July 2018 they concluded that there was not “a sufficient basis for making changes to primary l...