of Financial Services (Duty of Care) Bill By www.eversheds.com Published On :: 2020-01-21 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... Full Article
of Buy-side perspective: Issues with delegation of SFTR reporting cause a headache By www.eversheds.com Published On :: 2020-02-10 Sell-side reluctance to accept delegation of reporting under the Securities Financing Transaction Regulation (“SFTR”) is causing a headache for buy-side firms. If buy-side firms are unable to establish delegation arrangements they ... Full Article
of Overview of new German and French crypto regimes By www.eversheds.com Published On :: 2020-03-05 Part A: Regulation of crypto assets Germany Full Article
of Work in the time of Covid - an overview of potential EL liability in a pandemic By www.eversheds.com Published On :: 2020-05-07 UK goes into ‘Lockdown’ The current lockdown arises as a result of The Health Protection (Coronavirus, Restrictions) (England) Regulations 2020. Broadly, this legislation restricts the movement of people to ‘essential journeys&rsqu... Full Article
of First Phase of Licensing Act 2003 Reforms Come into Effect By www.eversheds.com Published On :: 2012-04-25 The 25th April 2012 marked the implementation of the first phase of amendments to the Licensing Act 2003 (‘the Licensing Act’) ... Full Article
of Forfeiture of leases By www.eversheds.com Published On :: 2008-03-05 A landlord who intends to forfeit a lease must avoid any action that would waive a 'once and for all' breach of covenant by the tenant. This Court of Appeal decision will interest landlords and tenants, especially while market conditions remain toug... Full Article
of Easements, covenants and profits à prendre: reform is in the air By www.eversheds.com Published On :: 2008-06-10 The Law Commission has published a consultation paper proposing wide-ranging reforms to the law governing easements, covenants and profits à prendre. The changes suggested by the Law Commission include: the creation of a single new method ... Full Article
of Rights of light By www.eversheds.com Published On :: 2008-06-10 The Court of Appeal decision in Forsyth-Grant v Allen concerned the construction of a pair of semi-detached houses that interfered with the rights of light enjoyed by a neighbouring hotel. The builder employed a rights of light surveyor, who tried t... Full Article
of Tenants rights of first refusal By www.eversheds.com Published On :: 2008-06-10 The Landlord and Tenant Act 1987 grants tenants of flats a right of first refusal if the landlord wishes to dispose of its interest in the whole or part of 'a building'. In a decision that is hugely significant for the increasing numbers of landowne... Full Article
of The importance of a fixed term in a lease By www.eversheds.com Published On :: 2009-03-13 A simple drafting error in a lease invalidates a contracting–out order. In Newham LBC v Thomas–Van Staden, which has been fully reported only recently, the Court of Appeal has presented us with a curious decision on the effect of a draf... Full Article
of The effect on VAT recovery of granting a residential tenancy in a new building By www.eversheds.com Published On :: 2009-06-19 Residential developers need to take great care that they do not jeopardise their recovery of VAT by granting a short–term tenancy. The current downturn is leading developers to let out new properties instead of selling them. Great care is nee... Full Article
of Land Registry change of practice in relation to discharge of mortgages By www.eversheds.com Published On :: 2009-06-19 The Land Registry is changing its practice on the discharge of mortgages in cases where form DS1 is not available when the application is made to the Land Registry. On 3 August 2009, the Land Registry will implement an important change in practice ... Full Article
of Consulting tenants of mixed-use properties on service charge expenditure By www.eversheds.com Published On :: 2009-06-19 Helpful analysis of when landlords of mixed–use properties need to consult their tenants before incurring service charge costs. The Landlord and Tenant Act 1985 requires landlords who own residential blocks of flats to consult their tenants b... Full Article
of Court of Appeal's analysis of lease guarantees By www.eversheds.com Published On :: 2011-07-29 ... Full Article
of EU Advocate General gives landmark opinion in relation to the VAT treatment of property services to Real Estate Funds (C-595/13) By www.eversheds.com Published On :: 2015-05-28 This week, an Advocate General gave a landmark opinion that the VAT exemption for the management of certain special investment funds can apply to property management, as well as to other fund management services. The opinion represents a completely ... Full Article
of The Court of Justice in Eenheid holds that the day to day management of Property Funds is subject to VAT By www.eversheds.com Published On :: 2015-12-10 The Court of Justice of the European Union delivered its judgment in Case C-595/13 Staatssecretaris van Financiën v Fiscale Eenheid X NV cs on 9 December 2015. Full Article
of Space as a Service - The Future of the Workspace By www.eversheds.com Published On :: 2019-01-29 By 2030, according to Forbes, millennials will make up 75% of the workforce. Digitally wired since their childhoods, millennials favour work-life integration rather than work-life balance reflecting the way today’s boundaries between professio... Full Article
of Preparing for the first 48 hours of a fatal accident By www.eversheds.com Published On :: 2019-04-24 ... Full Article
of R v Faltec Europe Ltd - Court of Appeal Guidance By www.eversheds.com Published On :: 2019-05-24 ... Full Article
of Confirmation of the new balance of probabilities test for suicide conclusions in Inquests By www.eversheds.com Published On :: 2019-05-24 ... Full Article
of Legal professional privilege update: protections and pitfalls By www.eversheds.com Published On :: 2019-06-04 ... Full Article
of Use of enforcement undertakings is on the rise By www.eversheds.com Published On :: 2019-06-24 Enforcement undertakings, a form of civil sanction available to the Environment Agency, Natural England and Natural Resources Wales, are voluntary binding agreements which can be offered to a regulator where there are reasonable grounds to consider ... Full Article
of Private prosecution of BP Southern Africa Proprietary Limited By www.eversheds.com Published On :: 2019-08-01 South Africa has recently developed a culture of private prosecution. The trend towards private prosecution has largely been focused on the prosecution of individuals for corruption. The significant challenges faced by the private prosecutors (prima... Full Article
of Department of Environmental Affairs | Requirement to submit a report generated by the national web based environmental screening tool By www.eversheds.com Published On :: 2019-08-30 Introduction On 5 July 2019, the Minister of Environment, Forestry and Fisheries, Barbara Dallas Creecy, published a notice requiring that when submitting an application for environmental authorisation in terms of regulation 19 and regulation 21 of ... Full Article
of Summary of the key changes to UAE employment laws in 2019 By www.eversheds.com Published On :: 2020-01-30 ... Full Article
of Exporting food from the UK to the EU the impact of Brexit. By www.eversheds.com Published On :: 2020-02-07 The Withdrawal Agreement was signed by Boris Johnson on 24 January 2020 and has been ratified by the EU. As part of the Withdrawal Agreement, the UK and the EU have agreed a transition period to provide continuity and certainty while they negotiate ... Full Article
of Introduction of the new Street Manager system for street and roadworks By www.eversheds.com Published On :: 2020-02-25 On 6 February 2020, the Government published the Street and Road Works (Amendments Relating to Electronic Communications) (England) Regulations 2020, which come into force on 1 April 2020. The Regulations support the delivery and implementation of &... Full Article
of Enforcement of Food Safety Offences - Update By www.eversheds.com Published On :: 2020-04-30 In June 2019, an FSA report on the approach to regulatory enforcement and sanctions acknowledged that enforcement of food law has historically relied upon criminal sanctions. Whilst the report stated that “in relation to some lower level failu... Full Article
of How Serving And Retired Nigerian Judges Illegally Inserted Names Of Their Children, Relatives In List Of Judges To Be Appointed Into Judiciary By saharareporters.com Published On :: Thu, 07 May 2020 20:28:35 +0000 A document seen by SaharaReporters has exposed how serving and retired Nigerian judges are illegally preparing ways for their children and relatives to take over the country’s judicial system in future. According to the document put together by Open Bar Initiative, out of the 33 names recently recommended to President Muhammadu Buhari by the National Judiciary Council for appointment as judges in the Federal Capital Territory High Court, only 11 met the criteria set out in the employment guideline of the council. The NJC had on April 26, 2020 approved the appointment of 33 judges for the FCT High Court. SaharaReporters gathered that 22 out of the 33 candidates presented to President Buhari made the list only because they were related to serving senior members of the judiciary or close aides and members of the NJC. Also, states that already have judges in the FCT High Court were reconsidered and given slots while no one was considered qualified for appointment in Ebonyi, a state that has no existing judge. Section 255 of the constitution of the Federal Republic of Nigeria, 1999 (as amended), pegged qualification for becoming a judge in the High Court of the FCT to a minimum of 10 years qualification as a legal practitioner. Also Rule 4 of the NJC appointment of judges’ procedure, indicated only four classes of lawyers, who are qualified to apply and be recommended to be appointed as judges of a high court. These are legal practitioners in private practice, legal practitioners in public service, who are legal officers, chief registrar of a court, and chief magistrates. Those listed in the document seen by SaharaReporters among the 33 nominees to be considered as judges by President Buhari but, who are not qualified include Njideka K. Nwosu-Iheme, a Grade 1 Magistrate, who is the daughter of Justice Mary Odili of the Supreme Court and daughter-in-law to Justice Nwosu-Iheme of the Court of Appeal, Agashieze Cyprian Odinaka, a Deputy Director at FCTA whose sister is the Presiding Justice, Court of Appeal in Akure, Ondo State, Fatima Abubakar Aliyu, a judiciary worker, who is the daughter of immediate-past President of the Court of Appeal, Justice Bulkachuwa, Kanyip Rosemary Indinya, a senior magistrate at FCT and wife of the President of the National Industrial Court and sister of a member of the National Judicial Council. Others are Mimi Anne Katsina Alu-Apena, a senior magistrate and daughter of late Kastina Alu, former Chief Justice of Nigeria, Enenche Eleojo, Assistant Director at FCT High Court and Personal Assistant to the Chief Judge, FCT High Court, Madugu Mohammed Alhaji, Josephine Obanor Enobie, Kayode Agunloye, Nwabulu Ngozika Chineze and Abubakar Babashani, who are senior staff of the FCT High Court but have not attained the rank of chief registrar as stipulated by the constitution. The list also includes one one Aliyu Halilu Ahmed, a Deputy Chief Registrar from Adamawa State judiciary, who has not attained the rank of a chief registrar. The rest are Aminu Muhammad Abdullahi, Nwecheonwu Chinyere Elewe, Ibrahim Mohammed, Sadia Mu’azu Mayana, Aliyu Yunusa Shafa, Mohammed Zubairu, Binta Dogonyaro, Christopher Opeyemi Oba and Hafsat Lawan Abba-Aliyu, all magistrates from the FCT judiciary, who are not up to the rank of a chief magistrate as stipulated in Rule 4 of the NJC appointment of judges procedure. SaharaReporters also gathered that one Olufola Olufolashade Oshin did not participate in the processes leading up to selection, interview or obtaining recommendation from a Chief Judge of a state but her name was inserted into the final list transmitted to President Buhari at the instigation of some senior judicial officers believed to be top members of the Supreme Court. Reacting to the development, Open Bar Initiative said, “The suggestion that judicial service in Nigeria is an inheritance transmitted from parents to children is not supported by the constitution or any other instrument under Nigerian law. “This is an abuse of the constitution by those who must nominate judges for appointment.” Co-convener of Open Bar Initiative and former Chairman of the National Human Rights Commission in Nigeria, Prof Chidi Odinkalu, while reacting to the situation, said, “These are not just unqualified nominees, they are bad nominees because only bad people will want to become judges through smuggling. They will make bad judges, we should resist them and their sponsors.” Voicing his displeasure on Twitter, a user with the handle @AbdulMahmud01, said, “Have you seen the list of newly appointed FCT judges approved by NJC? It is a parade of children of former CJN, retired Supreme Court justices and judges. NJC is simply put: a corrupt council of corrupt interests.” Another user, @KennyAdazie, while sharing her thoughts on the issue, said, “The only people that can take back Nigeria are the youth. “If we don’t come out to stop this madness, the charade will continue. When they strategically place their own, they pave way for #impunities and come 2023, there is nothing you can do! The reason our legal system is in ruins.” Legal Politics Scandal News AddThis : Original Author : Saharareporters, New York Disable advertisements : Full Article
of Borno Doctor Dies Of COVID-19 By saharareporters.com Published On :: Thu, 07 May 2020 21:00:02 +0000 Late Mohammed Kumshe A medical doctor has died of COVID-19-related complications at the University of Maiduguri Teaching Hospital in Borno State. The doctor, identified as Mohammed Kumshe, died on Thursday at the hospital’s isolation ward. Late Mohammed Kumshe He was said to have been exposed to a confirmed case of COVID-19 in the state. According to the Nigeria Centre for Disease Control, Borno State presently has 116 confirmed cases of COVID-19. PUBLIC HEALTH News OBITUARY AddThis : Original Author : SaharaReporters, New York Disable advertisements : Full Article
of BREAKING: Kogi Governor, Yahaya Bello, Orders NCDC Officials On Fact-finding Mission To Go On 14-day Isolation By saharareporters.com Published On :: Thu, 07 May 2020 22:34:05 +0000 Kogi State governor, Yahaya Bello, has ordered visiting officials of the Nigeria Centre for Disease Control to go into isolation at a quarantine centre for 14 days. Bello gave the directive on Thursday night when the NCDC officials led by Dr Andrew Noah showed up at the Government House, in Lokoja, the state capital. The agency had sent a delegation of rapid response team to ascertain the true status of Kogi as a COVID-19-free state. The governor said that the step was to ensure that the laid down procedure of checkmating the scourge by NCDC was strictly followed. Presenting a letter titled: “Deployment of Rapid Response Squad to help in fighting COVID-19,” Dr Noah explained that the mission of the NCDC was to provide logistics to all states of the federation of which Kogi could not be left out. He said two members of the team would be left behind to help the state and support efforts already in place. Speaking shortly after receiving the letter, Bello outlined steps taken so far by the state to fight the COVID-19 pandemic. He then asked that the NCDC officials be subjected to testing and isolated in the state quarantine centre or leave the state immediately if they refused. PUBLIC HEALTH Breaking News News AddThis : Original Author : SaharaReporters, New York Disable advertisements : Full Article
of CSOs Give Conditions For Virtual Public Hearing On Control Of Infectious Diseases Bill By saharareporters.com Published On :: Thu, 07 May 2020 23:22:41 +0000 The Nigerian Civil Society Organisations have recommended modalities that would ensure citizens’ participation in the conduct of the proposed virtual public hearing on the controversial Infectious Diseases Bill. The group said that public scrutiny of the bill can only be achieved through a broad-based engagements of stakeholders. In a statement jointly signed by 69 civil organisations on Thursday in Abuja, the groups stated that any legislative process that does not guarantee active and free participation of the people would fail and not be accepted. The statement noted that the proposed public hearing, which would be held via video conferencing be scheduled to hold between two to three days and representatives of organizations be allowed to make presentation for five-10 minutes. The rights group also asked the lawmakers to provide information on the committee responsible for the coordination of the hearing. According to the statement, "The committee responsible for organising these activities should conduct citizen outreach and share this information widely with the public through diverse media platforms. "This is critical to ensure broad awareness and participation and enhance legislative transparency" They said the virtual public hearing on the bill must be comprehensive, and conform with the dictates of the constitution. PUBLIC HEALTH News AddThis : Original Author : SaharaReporters, New York Disable advertisements : Full Article
of Insolvency in times of COVID-19 By www.eversheds.com Published On :: 2020-04-22 The restrictions on economic life imposed by COVID-19 have not only triggered a veritable economic crisis, but have simply deprived many companies of their livelihood. While there is no income, expenses continue to run, so that in some cases insolve... Full Article
of Eversheds Sutherland advises on sale of saracus Group to private equity investor Maxburg Capital Partners By www.eversheds.com Published On :: 2020-04-22 Eversheds Sutherland has advised the CEO and owner of saracus group on the sale of the group to an investment fund managed by private equity investor Maxburg Capital Partners. The parties agreed to keep the purchase price confidential. The client w... Full Article
of Impact of COVID-19 pandemic on rights and obligations under lease agreements By www.eversheds.com Published On :: 2020-04-23 Update | 23. 4. 2020: The Parliament passed the act on certain measures to mitigate the effects of the SARS CoV-2 coronavirus epidemic on tenants of business premises. The new act will be effective once signed by the President and published in the C... Full Article
of Key considerations Enforcement of UAE judgments in India By www.eversheds.com Published On :: 2020-04-23 Whilst each case will ultimately need to be assessed on its merits, we have set out below what we consider to be the key factors for all UAE creditors to take into account when deciding whether to start the enforcement process in India. These factor... Full Article
of Coronavirus - Updated summary of Covid-19 tax measures and Irish Revenue guidance - Ireland By www.eversheds.com Published On :: 2020-04-24 A number of measures have been introduced in Ireland in recent weeks in light of the impact of the Covid-19 pandemic. Irish Revenue has also published a number of welcome guidelines and confirmations in an attempt to mitigate any detrimental effects... Full Article
of Legal Compass: General meetings in times of COVID-19 By www.eversheds.com Published On :: 2020-04-27 The COVID-19 pandemic and the associated "lockdown" poses completely new challenges for Swiss companies. This concerns, among other things, the numerous upcoming annual general meetings, which are usually held between April and June. According to th... Full Article
of Bilanz / Le Temps again recognizes Eversheds Sutherland as one of the top law firms 2020 in Switzerland By www.eversheds.com Published On :: 2020-04-29 Eversheds Sutherland has again been listed as a top law firm in this year's edition of the Swiss business magazine Bilanz / Le Temps in the following areas: Banking and Capital markets Mergers and acquisitions (M&A) Liability law International... Full Article
of Markus Naef: new Partner with Eversheds Sutherland and Brigadier General with the Swiss Armed Forces, currently National Coordinator for procurement in times of COVID-19 By www.eversheds.com Published On :: 2020-05-01 Eversheds Sutherland is pleased to announce the appointment of a new Partner in the fields of data protection and IT law. As an attorney and 2012 certified Senior Project Manager IPMA Level B, Markus Naef advises companies on legal safeguards and ex... Full Article
of We acted as legal advisor in the sale of the shares and financial arrangements of Basso Media By www.eversheds.com Published On :: 2020-05-04 We acted as legal advisor when the shareholders of Oy Basso Media Ltd. sold all shares of Oy Basso Media Ltd. to Bauer Media Holding Oy. Other financial arrangements were also carried out in connection with the transaction. Basso Media will continue... Full Article
of Comments on ruling No. 821 of the Presidiums of the Russian Supreme Court and Council of Judges of 8 April 2020 (as amended on 29 April 2020) By www.eversheds.com Published On :: 2020-05-05 On 28 April 2020, the Russian President issued Decree No. 294 On Prolonging Measures To Ensure Sanitary and Epidemiological Wellbeing of the Population in the Russian Federation due to the Spread of the Novel Coronavirus (COVID-19). The following da... Full Article
of Coronavirus FCA expectations of general insurance firms - UK By www.eversheds.com Published On :: 2020-03-20 The FCA has published information on its expectations of general insurance firms in relation to their treatment of consumers during the coronavirus (Covid-19) pandemic. The FCA has also published information for consumers on what they sho... Full Article
of Coronavirus FCA expectations of general insurance firms - UK By www.eversheds.com Published On :: 2020-03-20 The FCA has published information on its expectations of general insurance firms in relation to their treatment of consumers during the coronavirus (Covid-19) pandemic. The FCA has also published information for consumers on what they sho... Full Article
of Rihan v Ernst & Young Global Ltd & Others Duty of Care extended in relation to former partner By www.eversheds.com Published On :: 2020-04-27 Summary In this case certain E&Y entities based in London were ordered to pay USD10.8 million for loss of earnings to a whistleblowing former auditor employed by an E&Y entity that was not based in the UK and not party to the proceedings. Th... Full Article
of Jakarta's 'Great Garuda' Project: Profits for Re-emerging Elites in the Name of Climate Change By feedproxy.google.com Published On :: Tue, 18 Jun 2019 00:58:27 +0000 By Wilmar Salim, Keith Bettinger, and Micah Fisher HONOLULU (June 21, 2019)—With a population of more than 30 million, greater Jakarta is the largest metropolitan area in Southeast Asia and one of the most densely populated urban regions in the world. The city is a major economic engine for Indonesia, accounting for approximately 25 percent of the country’s gross domestic product. Yet urban poverty remains an intractable problem, and Jakarta’s infamous traffic congestion paralyzes commerce, leaches productivity, and contributes to air pollution and associated health hazards. This is a summary only. Click the title for the full article, or visit www.EastWestCenter.org/Research-Wire for more. Full Article
of Strengthening US Relations with ASEAN: A Critical Element of the US Indo-Pacific Strategy By feedproxy.google.com Published On :: Thu, 03 Oct 2019 22:13:05 +0000 By East-West Center HONOLULU (October 4, 2019)—President Donald Trump first laid out a vision for a “free and open Indo-Pacific” at the November 2017 Asia-Pacific Economic Cooperation (APEC) Summit in Vietnam. From the start, statements describing the emerging US Indo-Pacific strategy have recognized the central role of Southeast Asia. The US approach to the Indo-Pacific focuses on three vital areas: enhancing shared prosperity, championing good governance and civil society, and ensuring a peaceful and secure regional order. Two recent visitors to the East-West Center described the potential role of the 10-member Association of Southeast Asian Nations (ASEAN) in the US Indo-Pacific strategy and spelled out several steps that the United States needs to take to strengthen US-ASEAN... This is a summary only. Click the title for the full article, or visit www.EastWestCenter.org/Research-Wire for more. Full Article
of Can Technology Offset the Effects of Population Aging on Economic Growth? New Report from the Asian Development Bank By feedproxy.google.com Published On :: Fri, 27 Mar 2020 02:59:47 +0000 By East-West Center HONOLULU (March 27, 2020)—Population aging is affecting countries all across Asia. This ongoing demographic transition will leave many of the region’s economies increasingly dependent on an aging, and eventually a shrinking, workforce. Economists disagree, however, on whether population aging will necessarily lead to a slowdown in economic growth. This is a summary only. Click the title for the full article, or visit www.EastWestCenter.org/Research-Wire for more. Full Article
of New Findings on Links between Urban Expansion and Viral Disease in Vietnam Offer Lessons for COVID-19 By feedproxy.google.com Published On :: Tue, 31 Mar 2020 00:07:39 +0000 By James H. Spencer, Sumeet Saksena, and Jefferson Fox HONOLULU (1 April 2020)—The current COVID-19 pandemic, which started in Wuhan, China, underscores what the public health community has warned about for more than two decades—the risk of viral diseases capable of spreading from animal to human hosts. The first outbreaks of “bird flu” (highly pathogenic avian influenza―HPAI, subtype H5N1) raised similar concerns 20 years ago―concerns that have persisted with the outbreak of SARS in 2002–2004 and COVID-19 today. New outbreaks of avian influenza are also still occurring in poultry and humans, primarily in Asia but also in other parts of the world. This is a summary only. Click the title for the full article, or visit www.EastWestCenter.org/Research-Wire for more. Full Article
of New Technologies and New Modes of Production Disrupt China's Automotive Industry By feedproxy.google.com Published On :: Thu, 02 Apr 2020 20:25:21 +0000 By Boy Lüthje HONOLULU (6 April 2020)—The development of electric and self-driving vehicles is bringing on a massive restructuring of the global automotive industry. Emerging forms of new and shared mobility undermine the very model of private car ownership that has underpinned the automotive industry since the days of Henry Ford. This is a summary only. Click the title for the full article, or visit www.EastWestCenter.org/Research-Wire for more. Full Article