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Refinancing and the credit crunch: new rules from 1 November

The credit crunch has affected all areas of life. It is now bringing about changes to the main guidance on UK private finance initiative (PFI) projects: the Standardisation of PFI Contracts (SoPC4). It has been clear in recent months that the ...




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Coronavirus – Emergency volunteering leave - UK

Updated 30/3/20 The Coronavirus Act 2020 was enacted on 26/3/20 and introduces a new statutory emergency volunteering leave, to support health and social care authorities. The Act’s provisions on volunteering leave are expected to be implement...




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Coronavirus - FAQs on employment law - Tunisia

We are here for you Considering the development of the pandemic COVID-19, our highly experienced team of fee earners and counsels remains committed to providing continued services for our clients during this period. Therefore, the use of communicati...




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Hounslow London Borough Council v Powell Leeds City Council v Hall Birmingham City Council v Frisby

Following the landmark Pinnock decision, the Supreme Court has now provided landlords with a set of guidelines which should help them to avoid falling foul of human rights issues in relation to recovery of possession. These appeals surround the emo...




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Potential Unintended Consequences of E-mail Correspondence

You may recall the recent case of Golden Ocean Group Ltd v Salgaocar Mining Industries PVT Ltd [2011] EWHC 56 (Comm) in which it was argued that a valid guarantee had been given as a result of a chain of emails exchanged between two parties. At...




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Community Infrastructure Levy: navigating the minefield

The introduction of Community Infrastructure Levy (CIL) charging schedules by many local authorities is now gathering pace, as is demonstrated by the Mayor of London’s CIL charging schedule which is likely to be approved by 1 April 2012. If th...




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Procurement Policy Note 11/15 - Acceptance of unstructured electronic invoices by central government authorities (“PPN 11/15”)

From 30 June 2015, Central Government Departments, their Executive Agencies and Non-Departmental Governing Bodies (“in-scope organisations”) will have to accept “unstructured” electronic invoices from their suppliers for invo...




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High Court challenge leads to the setting aside of a contract award decision on the grounds of manifest error, breach of transparency and equal treatment

In Woods Building Services v Milton Keynes Council [2015] EWHC 2011 (TCC), the High Court upheld a challenge by an unsuccessful bidder (“Woods”) of a tender process undertaken by Milton Keynes Council (the “Council”) on the g...




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Top tips for avoiding clawback of European funding in procurements

The European Commission has recently published its Public Procurement Guidance for Practitioners on the avoidance of the most common errors in projects funded by the European Structural and Investment Funds ("the Guide"). We have helped...




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Public procurement: new rules, new opportunities

Public procurement is big business.  The estimated value of contracts advertised by Governments and other public bodies across the EU is said to be over 420 billion euro.  Most EU public contract awards are regulated under EU law.  Th...




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Land development agreements and public procurement regulation: Faraday Development Ltd v West Berkshire Council [2018] EWCA Civ 2532

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...




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New Thresholds under the Procurement Regulations

The new thresholds which come into effect on 1 January 2020 for the Public Contracts Regulations 2015, Utilities Contracts Regulations 2016, Concessions Contracts Regulations 2016 and the Defence and Security Public Procurement Regulations 2011 have...




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Legal privilege and without prejudice webinar: “Keeping Communications Confidential”

This session will cover how legal privilege can be used to keep documents and communications confidential and how and when to use without prejudice. An essential guide to confidentiality and avoiding some of the pitfalls in real estate disputes. ...




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Employee relations - working effectively with your union and employee representatives

Many senior managers lack experience of working with unions and employee representatives....




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Eversheds' IHC HR e-briefing 112: Employment Tribunal claims soar

Statistics for 2009-10 released by the Tribunals Service this week reveal that claims to employment tribunals have dramatically increased this year. Despite an overall drop in 2008-9, when the number of claims was 151,028, claims have soared to 236,...




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IHC HR e-briefing 114 - Uncertainty over future of paternity leave

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...




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IHC HR e-briefing 118 - The ECJ clarifies the effect of a relevant transfer on trade union recognition

After more than 10 years of European legal protection for employees in the event of a relevant transfer, many aspects of the Transfer of Undertakings Directive 2001 (Council Directive 2001/23/EC) and its predecessor have by now been litigated over a...




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IHC HR e-briefing 129 - Court of Appeal decides collective redundancy consultation law is unclear

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...




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IHC HR e-briefing 134 - Employment Tribunal reform: a promising start

The Government has today published a consultation on employment tribunal reform.  The consultation floats a wide-range of proposals, going well beyond the measures which were rumoured to be up for consideration. The consultation document inclu...




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Lawbite: Keep your ear to the ground

In the matter of an application by (1) Gary Owen (2) Heather Lynn Richards [2019] UKUT 171 (LC) A recent Upper Tribunal case highlights the importance of ensuring that applications to modify or discharge restrictive covenants are made on the correct...




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Lawbite: Occupiers, Occupation and the imposition of rights under the Electronic Communications Code

Cornerstone Telecommunications Infrastructure Limited v Compton Beauchamp Estates Limited [2019] EWCA Civ 1755 The Court of Appeal’s judgement is the latest decision concerning the Code and the first appeal heard concerning the Electr...




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Lawbite: A game of two halves for the Chelsea injunction

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 ...




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Lawbite: Injunctions – the ‘intention’ is clear

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 ...




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Coronavirus - Information for communities of condominium owners and administrators of residential properties - Germany

SARS-CoV-2 ("Corona") The SARS-CoV-2 virus, also referred to as "Corona", has reached Germany with significant effects across all industries. This article aims at answering the specific issues which communities of condominium owners and administrato...




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Fifth Money Laundering Directive implemented in the UK

On 20 December 2019, the Money Laundering and Terrorist Financing (Amendment) Regulations 2019 (“MLR 2019”) were laid before Parliament.  The MLR 2019 gives effect to the EU Fifth Money Laundering Directive[1]



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The use of threshold variations when seeking a defence against money laundering

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...




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Court of Appeal finds that injunctions against “persons unknown” can (i) be framed by reference to a defendant’s intention and (ii) prohibit lawful conduct

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





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Improving communications with DC members

The Government issued a consultation paper last week exploring how to improve the annual statement that all occupational and personal pension schemes are required to provide to DC members in order to increase member engagement and understanding. The...




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Consultation on the Pensions Regulator’s new DB Funding Code - What you need to know

The Pensions Regulator has published the first of its long awaited consultations on a new DB Funding Code. This consultation covers the principles underpinning the Regulator’s approach. A second consultation will follow later in the ...




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Pensions Regulator’s expectations on funding and communications in a crisis

The Pensions Regulator has issued its 2020 annual funding statement which provides more guidance for plans going through a valuation process and new Full Article



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Coronavirus - Compliance risks for companies under the Infection Protection Law - Germany

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...




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Coronavirus – Functioning of courts: impact of COVID-19 on procedural time limits and functioning of courts in the Russian Federation - Russia

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...




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AML compliance burden on UK financial institutions intensifies as new rules on third country local law conflicts bite

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...




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EU black and grey lists of high-risk countries back on the agenda

In a resolution published on Thursday, the European Parliament has urged the EU Commission to apply a ‘transparent process’ in formulating revised blacklist of third countries with strategic AML/CFT deficiencies, suggesting an ...




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Credit and Financial Institutions take note of new opinion on risks of money laundering in the EU financial sector published by European Supervisors this week

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 ...




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OFAC encourages communication regarding compliance concerns related to COVID-19

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...




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The Dollar Index Should Be A Lot Higher- But Don't Count On It Happening





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Stay Away From SEK Until Headwinds Dissipate





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China Reports An Unexpected Jump In Exports, While Norway Surprises With A Rate Cut




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Case comment: R (on the application of Kim Alexander Gottlieb) v Winchester City Council [2015] EWHC 231 (Admin)

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...




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Procurement opportunities to come from Brexit

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UK corporate tax rules found to partially constitute illegal EU State aid

On 2 April 2019, the European Commission issued a press release regarding its State aid investigation into aspects of the UK controlled foreign company (CFC) rules. This press release explains that certain aspects of the CFC rules under investigatio...




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Bangladesh: All Rohingya Found at Sea Will Be Taken to Bhashan Char Island

After insisting for weeks it would take no more refugees, Bangladesh relents and rescues hundreds.




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North Korean leader Kim Jong Un Sends ‘Strategic’ Praises to Xi Jinping

Customs official banished to a remote area after being caught smuggling.




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Libor – the countdown continues

As the countdown to the end of LIBOR continues, regulators are increasing the pressure on the market to prepare and proactively engage with their clients to ensure a smooth transition to a new risk-free rate. Failure to do so will expose firms to th...




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Open for business: Proposal for a streamlined UK regime for overseas funds post Brexit

Cross-border fund marketing arrangements into the UK are poised to be significantly amended when the current post-Brexit ‘transition or implementation period’ (“TIP”) comes to an end on 31 December 2020.  Retail funds&rs...




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Concerns remain around ‘much improved’ 2019 mine rehab financial provision regulations

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