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Not so good vibrations – prosecutions for failures to adequately manage the risks from vibration remain a priority for the HSE

 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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Lawbite: All or nothing – enfranchising a “leasehold house”

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 ...




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Default charges face fresh scrutiny notwithstanding Supreme Court ruling

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...




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Credit hire agreements unenforceable if consumers not provided with notice of their right to cancel

Hot on the heels of our guide to credit hire essentials we find that the enforceability of the credit hire agreements themselves is back on the agenda. In the case of Wei v Cambridge Power and Light Company (2010) the court decided in an appeal hear...




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Employers’ Liability Policy Trigger Litigation - Not Good News For Anyone

The Court of Appeal has taken 11 months to add to the confusion caused by the attempt by a small number of employer’s liability insurers, all in run-off, to argue that policy wordings long understood to provide coverage on the basis that the i...




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Town and village Greens: They're not always what you expect

The risk of inadvertently sterilising the development potential of land As the phrase ‘town or village green’ tends to conjure mental images of a rural idyll with village fetes and cricket matches played on broad expanses of green land i...




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Exhibition Notice: Mirror & Mirage: Japanese Noh and Kyogen Theatre

Exhibition Notice: Mirror & Mirage: Japanese Noh and Kyogen Theatre
Jan. 18-March 22, 2009

East-West Center Gallery, Honolulu

Opening reception: Sunday, Jan. 18, 2 p.m .

Featured artist: Hideta Kitazawa, noh mask carver




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Gallery exhibition notice: Material Choices:Bast and Leaf Fiber Textiles in Asia and the Pacific

Gallery exhibition notice: Material Choices: Bast and Leaf Fiber Textiles in Asia and the Pacific
FOR IMMEDIATE RELEASE

Jan. 25, 2008

Media Contact: Derek Ferrar
Media Relations Specialist
Phone: (808) 944-7204
Email: ferrard@EastWestCenter.org

February 10-March 30, 2008
East-West Center Gallery, Honolulu
Presented by the East-West Center Arts Program and the Fowler Museum at the University of California-Los Angeles




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HR e-briefing 299 - Notice pay may be taxed

The extent to which payments in lieu of notice (PILONs) may attract tax has for a long time been a complex issue and one which has not always received consistent treatment by HM Revenue and Customs. The issue is straightforward if the payment is ma...




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To disclose or not to disclose? New Freedom of Information guidance for procurement information

Procuring authorities and private sector contractors have for some years struggled with the application of the Freedom of Information Act to PFI/PPP procurement processes, and to the legal documentation that results from them. Procuring authorities...




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Affordable housing litigation e-briefing: when is a RSHP not a public authority?

After the recent decision in R (Weaver) versus London and Quadrant Housing Trust [2009] EWCA Civ 587 the answer, more frequently than not, will be when it is not acting as a 'hybrid authority' and not exercising the pow...




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Lawbite: When a business tenancy “ought not” to be renewed

Youssefi v Mussellwhite [2014] EWCA Civ 885 Horne & Meredith Properties Ltd v Cox [2014] All ER (D) 194 These two cases concern opposition to lease renewals on the grounds of the tenant’s breach of covenant (“grounds (a), (b) and (c)...




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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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Education Procurement Briefing: Supreme Court dismisses Edenred's challenge to the government's decision not to tender for the administration of a new childcare scheme

In Edenred (UK Group) Ltd v (1) Her Majesty’s Treasury (2) Her Majesty’s Commissioners for Revenue and Customs (HMRC) (3) National Savings and Investments [2015] UKSC 45, the Supreme Court unanimously dismissed Edenred’s challenge ...




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Supreme Court dismisses Edenred’s challenge to the government’s decision not to tender for the administration of a new childcare scheme

In Edenred (UK Group) Ltd v (1) Her Majesty’s Treasury (2) Her Majesty’s Commissioners for Revenue and Customs (3) National Savings and Investments [2015] UKSC 45, the Supreme Court unanimously dismissed Edenred’s challenge to Her ...




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IHC HR e-briefing 137 - Retirement abolition regulations not as expected

The government has laid before Parliament the draft Employment Equality (Repeal of Retirement Age Provisions) Regulations 2011 aimed at abolishing the default retirement age. However, in the version seen by Eversheds, the transitional arrangements f...




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Lawbite: Trust me, a charity you are not!

Derby Technology Hospitals NHS Foundation Trust and others v Derby City Council and others [2019] EWHC 3436 (Ch) The High Court has held that NHS Foundation Trusts are not charities for business rates’ purposes and are therefore not entitled t...




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Lawbite: Court of Appeal saves defective statutory notices

Nigel Crighton Pease v Jeffrey William Carter and Louise Mary Carter [2020] EWCA Civ 175 A recent Court of Appeal decision found that notices of proceedings for possession under s.8 of the Housing Act 1988 were valid despite an error in a key date ...




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High Court reaffirms tests for (i) a non-disclosure order and (ii) setting aside a without notice order due to non-disclosure

United Kingdom Independence Party Limited v Richard Braine and others [2019] EWHC 3527 (QB) Facts of the Case This decision relates to: 1. applications by the Claimant (“UKIP”) for orders (a) continuing until trial an interim non-disclos...




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High Court delivers reminder that search orders are intended to preserve documents and not (without specific provision) provide early disclosure

TBD (Owen Holland) Ltd v Simons & Ors [2020] EWHC 30 (Ch) Background A search order is one of the most draconian orders that the English courts can make, allowing an applicant – where there is a real possibility that a respondent may destroy o...




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U.S. IPO Weekly Recap: Biotech Hot Streak Continues Amid Another Wave Of SPACs




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EBA publishes ambitious workplan for 2020, warning that it cannot be a ‘supervisor of supervisors’ and hinting that further centralisation may be the only way to ensure a ‘truly European approach’ to AML/CTF

As the European Banking Authority publishes a wide-ranging workplan for 2020, Zia Ullah and Ruth Paley explain the EBA’s role and its forthcoming programme, and take a look at the substance of the developments planned for the next twelve month...




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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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Back to Black – but not quite yet: Revised methodology agreed but no new EU blacklist before 2020

As the European Council met today to discuss a revised methodology to be used in the creation of a new EU blacklist of ‘high-risk third countries’ with strategic AML and CTF deficiencies, Zia Ullah and Ruth Paley of Eversheds Sutherland ...





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U.S. Sends Another Littoral Combat Ship Near Survey Site in South China Sea

“The Chinese Communist Party must end its pattern of bullying Southeast Asians out of offshore oil, gas, and fisheries,” said Adm. John Aquilino.




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Determining a highway ‘maintainable at public expense’ not a walk in the park

The High Court looks at the definition of highway ‘maintainable at public expense’ in the recent case of Barlow v Wigan Metropolitan Borough Council (2019). The case at first instance The claimant, Deborah Barlow, brought a claim against...




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Businesses take note: The Carbon Tax Act is coming into effect

The Carbon Tax Act No. 15 of 2019 | Effective as of 1 June 2019 “Reducing the impacts of climate change through facilitating a viable and fair transition to a low-carbon economy is essential to ensure an environmentally sustainable economic gr...




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China Is Not Conducting Debt Trap Diplomacy in the Pacific—At Least Not Yet

A close look at the evidence suggests that China has not been engaged in “debt-trap diplomacy” in the Pacific, at least not so far. Nonetheless, if future Chinese lending continues on a business-as-usual basis, serious problems of debt sustainability will arise, and concerns about quality and corruption are valid. By Jonathan Pryke HONOLULU (March 2, 2020)—In an atmosphere of heightened geostrategic competition, China’s Belt and Road Initiative (BRI) has raised questions about the risk of debt problems in less-developed countries. Such risks are especially worrying for the small and fragile economies of the Pacific.

This is a summary only. Click the title for the full article, or visit www.EastWestCenter.org/Research-Wire for more.




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Realty Income: Taking Nothing For Granted



  • O
  • Williams Equity Research

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New UK consultation on notification of uncertain tax treatment by large businesses

The UK government announced at the March Budget that they intend to introduce a requirement for large businesses to notify HMRC where they adopt an “uncertain tax treatment”.  The proposal is designed to improve HMRC’s ability...




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Good faith in commercial contracts: another development?

Introduction In April we reported on a High Court case that implied a duty of good faith into a commercial contract, with the result that a party may be potentially restricted in the way it acts in exercising its rights. That case was Alan Bates and...




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Online registration, notification and reporting of Employee Share Plans

A new online registration, certification and reporting system was recently introduced in the UK, applying to all employee share plans and arrangements. The first major deadline for online reporting is approaching (6 July 2015) and employers should b...




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Shipping: Claim notification clauses

Reviewing the notification requirements in the InterClub Agreement in the wake of Ipsos S.A. v Dentsu Aegis Network Limited (previously Aegis Group plc) [2015] EWCH 1171 (Comm) The Background The recent decision in Ipsos S.A. v Dentsu Aegis Network ...




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Choose Toyota, Not General Motors, To Play The Restart Of Auto Production In North America




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Government departments not ready to receive staff - PSA

Union representing more than 240 000 public sector employees also cited concerns regarding flouting of Covid-19 regulations




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B-BBEE legislation not suspended due to Covid-19, says tourism minister

The Constitution and other laws are not suspended during the Covid-19 lockdown period, and B-BBEE remains law and in place, Tourism Minister Mmamoloko Kubayi-Ngubane said.




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Governor Badaru losses another aide

The Jigawa State government has announced the death of the Special Adviser to the Governor on Adult and Higher Education, Alhaji Ibrahim Isma’il. Senior Special Assistant to the Executive Governor of Jigawa State on New Media, Auwalu D. Sankara confirmed the death to DAILY POST. He said the deceased died in the hospital after suffering […]

Governor Badaru losses another aide




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Orji Uzor Kalu deserves EFCC apology not retrial – Enugu APC

The Enugu State Chapter of the All Progressives Congress, APC, has asked the Economic and Financial Crimes Commission, EFCC, to tender an apology to Senator Orji Uzor Kalu. DAILY POST reports that Kalu who had been in prison custody following conviction by a High Court has now been set free by the apex court in […]

Orji Uzor Kalu deserves EFCC apology not retrial – Enugu APC




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NCDC officials not wanted in Kogi – DG, Ihekweazu

The Nigeria Centre for Disease Control, NCDC, has lamented that Kogi State never accepted the assistance rendered by its official in trying to trace COVID-19 patients in the State. NCDC DG, Director-General, Chikwe Ihekweazu was reacting to the misunderstanding between the body’s official and the Kogi State Governor, Yahaya Bello. Bello had asked officials of […]

NCDC officials not wanted in Kogi – DG, Ihekweazu




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Covid-19 pandemic: Our future is in our collective hands and we dare not fail

South Africa has been praised by the World Health Organization for acting swiftly and delaying the spread of the virus. However, we must guard against being complacent as we begin the gradual easing of the lockdown.




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Home Mortgage Loan Balance Growth Slows Noticeably after Aug. 2 Measure

The volume of home mortgage loans made out by commercial banks is falling at a rapid rate after the government's measure to keep the housing marketing from overheating on August 2. According to figures made public by the nation's top-five banks including Kookmin, Shinhan, Woori, KEB Hana, and Nonghyup on August 21, the balance of home mortgage loans as of August 18 was 368,370.2 billion won, up by 1,834.3 billion won from the end of July (366,535.9 billion won). In monthly rate, this is up ...




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Gov't Not to Raise Lawsuit against China with WTO...Pushes for $8 Mil. Aid Package with North Korea

The government is pushing forward with a plan worth US$8 million to help out vulnerable people in North Korea. Meanwhile it won't raise a lawsuit against China with the World Trade Organization in relation to the latter country's retaliatory measures after Korea's decision to deploy the Terminal High Altitude Area Defense (THAAD) anti-missile defense system in its soil. Baek Tae-hyun, spokesperson for the Ministry of Unification, said on September 14, "We are reviewing a plan to give $8 milli...




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“Not a Dirty Word”: ESMA revisits the impact of its Opinion on delegation for UK managers if there is a “hard” Brexit

“Not a Dirty Word”: ESMA revisits the impact of its Opinion on delegation for UK managers if there is a “hard” Brexit In the wake of the draft Agreement on the withdrawal of the UK from the EU, a speech by Steven Maijoor, th...




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Not Tested, Not Protected, Badly Paid: Ukraine's Medics Speak Out

The Ukrainian government promised that all medical personnel would be tested for COVID-19 once every five days, but doctors have told RFE/RL that has not happened. Medics also said that there were shortages of protective gear and that government promises of increased pay have not been met.




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Covid 19 coronavirus: Aucklanders flock to city bays as Kiwis warned not to get 'complacent'

Police are warning Kiwis not to flout the law after hordes took to the beach today despite the country still being at alert level 3. The day started with a "mass" of surfers converging on Wellington's Lyall Bay, and as the weather...




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Le CSM publie une note fixant les modalit�s de la reprise progressive du travail

Le Conseil sup�rieur de la Magistrature a �mis, tard dans la soir�e de samedi, une note fixant les modalit�s de la reprise progressive du travail dans les tribunaux au cours de la prochaine p�riode. ......




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The Property Sector Transformation Code: Estate agent’s take note

The Property Sector needs to be aware of the Property Sector Transformation Charter Code (“the Property Charter”) as Section 20(1) of the Property Practitioners Bill (“the PPB”) states that: “The Property Sector Transfo...




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Local Government Briefing Note 38 of 2012: Expert evidence in procurement claims - no general admission

Expert evidence in procurement claims – no general admission On 28 September 2012 the High Court rejected an application under...




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Local Government Briefing Note 40 of 2012: Fair Deal: the latest developments

Fair Deal: the latest developments On 19 November 2012 HM Treasury published its response to the March 2011 consultation on the future of the Fair Deal for Staff Pensions guidance. The Fair Deal review is part of the Government’s broader revi...