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Global employment briefing: Poland, October 2015

Recent legislation has amended the Labour Codes, most notably regarding fixed term employment, post-termination restrictions and parental leave.New rules on definite period (ie fixed term) employment contracts and other Labour Code amendments will c...




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Global employment briefing: Finland, October 2015

Government plans significant changes to labour legislation For some time the government and labour market organisations have been trying, without success, to agree on reforms to employment rights in Finland. Now, in an attempt to break the deadlock,...




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Global labour law update: October, 2015

EU consultation on changing collective consultation lawOver the summer, the EU Commission’s consultation on strengthening existing EU legislation on worker information and consultation closed and the outcome is currently awaited. Three Directi...




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Global employment briefing: Netherlands, February 2016

Working after pensionable age – new legislation takes effect Over the coming years the Dutch pensionable age (currently 65) is set to increase gradually, in order to offset the costs associated with an ageing population. By 2021 the pension ag...




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Global employment briefing: Poland - February 2016

Changes to fixed term (definite term) employment contracts On 22 February 2016, an amendment to the Labour Code on definite period employment contracts will come into force. This amendment will introduce new rules allowing an employer to conclude no...




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Global employment briefing: Switzerland - February 2016

Swiss working time regulations simplified for higher ranked employees On 1 January 2016, new articles 73a and 73b of the Swiss Ordinance relating to the Labour Law Act (OLLA1) entered into force. Reflecting the reality of today’s work life, th...




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Global employment briefing: Ireland, February 2016

2016 – A new year and a new employment claims system in Ireland 2015 brought a number of changes to the Irish employment law landscape. The most significant change was the introduction of the Workplace Relations Act 2015 (the “Act”...




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Global employment briefing: Finland - February 2016

New legislation on occupational accidents and diseasesThe Act on occupational accidents and occupational diseases (459/2015) came into force on 1 January 2016. By combining the earlier three Acts on occupational accidents and diseases into one, the ...




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Global labour law update: February 2016

Global unions renew pressure on labour conditions in supply chainsGlobal trade unions are continuing to work with pressure groups and human rights activists to hold companies to account for labour conditions in their supply chains. Their activities ...




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Chinese medical aid lands in Madrid

A Boeing 777 carrying 56 tons of medical equipment from China landed in Madrid late on Saturday night, the regional government said.




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Clashes as Indian booze shops reopen

POLICE used batons to beat back thirsty Indians jostling to buy alcohol for the first time in 40 days as the government eased further the world’s biggest novel coronavirus lockdown. The government credits




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Venezuela to try captured US duo after failed invasion

Venezuela will try two Americans captured during a failed bid by mercenaries to invade the country, President Nicolas Maduro said on Wednesday, as the United States vowed to “use every tool available”




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Gas leak claims at least 11 in India

A GAS leaked from an LG chemical plant in southern India early yesterday, leaving people struggling to breathe and collapsing in the streets as they tried to flee.




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Publication of the EU Market Abuse Regulation: Particular Considerations for Asset Managers

In the same week that the Recast Markets in Financial Instruments Directive (MiFID 2) and its companion Regulation (MiFIR) were ...




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Changes to the ISA Regulations

Changes to The Child Trust Fund Regulations and ISA Regulations have been proposed. Both sets of amended regulations, which are currently in draft form, are expected to be finalised later this month and come into force on 6 April 2015. The changes ...




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AIFMD update: ESMA updates AIFMD Q&As and delays opinion on the extension of the AIFMD passport to non-EU entities

Updated AIFMD Q&As The European Securities and Markets Authority (ESMA) has published an updated version of its Q&A paper on the application of the Alternative Investment Fund Managers Directive (AIFMD). This publication was released on...




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AIFMD update: CSSF provides clarification on marketing and reverse solicitation

The Luxembourg regulator, the Commission de Surveillance du Secteur Financier (CSSF) has provided guidance on the meaning of marketing and reverse solicitation under AIFMD. This guidance is to be welcomed, as there is no European-wide guidance on th...




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New EU laws for marketing AIFs and UCITS: One step forward, one step back?

On 12 March 2018, the European Commission (the “Commission”) published legislative proposals for new rules on marketing AIFs and UCITS comprising: a Directive on the cross-border distribution of collective investment funds (COM(2018) 92...




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Show me the Money! - The SFC Moves to Regulate Depositaries of SFC-authorised Collective Investment Schemes

The SFC Moves to Regulate Depositaries of SFC-authorised Collective Investment Schemes In September 2019, the Securities and Futures Commission of Hong Kong (the “SFC”) issued a Consultation Paper (available here) setting out its proposa...




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Lawbite: Faraday – magnet for concerned developers?

Faraday Development Ltd v West Berkshire Council [2018] EWCA Civ 2532 Relevant background: The Court of Appeal has issued a decision that has rendered a development contract between a Council and a private developer for the regeneration of an indust...




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Lawbite: Highly prized possession

Farakh Rashid v Teyub Nasrullah (Acting as Executor of the Estate of the late Mohammed Rashid) [2018] EWCA Civ 2685 The Court of Appeal has decided that a registered owner of land can also be in adverse possession of the same land. The late Mohammed...




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Lawbite: Can Brexit frustrate a lease?

Canary Wharf (BP4) T1 Ltd v European Medicines Agency   The impact of Brexit upon property disputes has not been wide ranging thus far.  However, a case which is set for trial in the early part of 2019 may alter that position and potential...




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Lawbite: Make sure you get good service!

UKI (Kingsway) Ltd v Westminster City Council [2018] UKSC 67 Although on the topic of service of a rates notice, this Supreme Court case provides general guidance on the service of notices, relevant to most property cases. A local authority served a...




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Lawbite: No modification of restrictive covenant

The Alexander Devine Children's Cancer Trust v Millgate Developments Ltd and others [2018] EWCA Civ 2679 The Court of Appeal has refused to allow a property developer to modify a set of restrictive covenants, reversing the decision of the Upper Trib...




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Lawbite: Less is not more when it comes to Qualifying Long Term Agreements

Bracken Hill Court at Ackworth Management Company Ltd v Dobson [2018] UKUT 333 (LC) The Upper Tribunal (Lands Chamber) has upheld an appeal from a management company and determined that contracts of less than 12 months are not Qualifying Long T...




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Lawbite:Language, context and background knowledge should not to be disregarded

Ashtead Plant Hire Company Limited v Granton Central Developments Limited [2019] CSOH 7 This case involves a landlord and tenant dispute over the proper construction of the rent review provisions in a lease of commercial premises.  The parties ...




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Lawbite: Successful submission that payment wasn’t required

Ramoyle Developments Limited v Scottish Borders Council [2019] CSOH 1 A local authority entered a contract to sell an area of land for regeneration.  Either party to the contract was entitled to withdraw from the sale if the purchasers failed t...




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Lawbite: When Final means final!

Cine-UK Limited v Union Square Developments Ltd [2019] CSOH 3 A landlord and tenant couldn’t agree revised rent due in terms of a rent review. An expert surveyor was appointed to determine the issue in accordance with the provisions of the lea...




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Lawbite: Re London Bridge Entertainment Partners LLP (in Administration) [2018] EWHC 3200 (Ch)

At the end of last year the High Court was asked to decide the proper meaning of a rent deposit deed relating to a deposit of over £2 million. The deposit allowed the landlord security for, amongst others, "any proper loss which the landlord m...




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Lawbite: From Paving to Possession to Proprietor

Shirley Ann Thorpe v (1) Harald Nobert Frank (2) Lesley Frank [2019] EWCA Civ 150 The Court of Appeal has recently found that by paving an area an individual had done enough to establish that she had acquired the land by adverse possession. The Clai...




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Lawbite: Ready, willing and able?

Robert James Oakley, Carolyn Oakley, Jonathan Mark Page, Union Pension Trustees Limited, Morgan Lloyd Trustees Limited v Harper McKay Developments Limited [2018] EWHC 3405 (Ch) The Court recently had to consider whether claimant sellers were entitle...




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Lawbite: Do fence me in!

Churston Golf Club Ltd v Richard Haddock [2019] EWCA Civ 544 The Court of Appeal has overturned both the High Court and earlier County Court decisions and found that a covenant to fence should not be treated as a fencing easement capable of binding ...




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Lawbite - Reasonable prospect of development taking off at airfield

Warwickshire Aviation Ltd & 6 Ors v Littler Investments Ltd [2019] EWHC 633 Tenants of an airfield recently failed in their appeal to the High Court to show that their landlord wasn’t able to oppose new leases being granted to them pursuan...




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Lawbite: (Ad)Vantage Point

(1) Giles Duncan Fearn (2) Gerald Kraftman (3) Ian Mcfadyen (4) Helen Claire McFadyen (5) Lindsay Urquart –v- The Board of Trustees of the Tate Gallery [2019] EWHC 246 (Ch) The High Court has dismissed a claim by residents of luxury glass-fron...




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Lawbite: Forming an oral agreement

Wells v Devani [2019] UKSC 4 Earlier this year the Supreme Court unanimously decided that the claimant, Devani, an estate agent and the defendant, Wells, a property developer had entered into a binding oral contract. The parties were introduced by a...




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At what point in time is permission needed for landlord’s access?

New Crane Wharf Freehold Ltd v Jonathan Mark Dovener [2019] UKUT 98 (LC) A lease covenant requiring the tenant defendant, Mr Dovener, to “permit” its landlord “…at al...




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Lawbite: A little bit of relief for BHS

(1) SHB Realisations Ltd and (2) GB Europe Management Service Ltd v (1) Cribbs Mall Nominee (1) Ltd and (2) Cribbs Mall Nominee (2) Ltd. The County Court recently considered a claim for relief from forfeiture involving premises previously occupied b...




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Lawbite: No place for the real world in this business rates negotiation

Telereal Trillium v Hewitt (Valuation Officer) [2019] UKSC 23 By a majority 3:2 decision, the Supreme Court has overturned the decision of the Court of Appeal in the case of Telereal Trillium v Hewitt (Valuation Officer) [2018] EWCA Civ 26. The case...




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Back to basics – requirements for contracts for sale of land

Alexander Kuznetsov v Camden London Borough Council [2019] EWHC 805 (Ch) In an application for relief from sanctions, the Claimant tenant, Kuznetsov, persuaded the High Court that it had a real prospect of establishing at trial that a letter between...




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Lawbite: Is Compensation in the Pipeline?

Ury Estate Limited v BP Exploration Operating Company Limited [2019] CSOH 36 A landowner raised a court action against BP seeking compensation for their inability to develop land due to a presence of an oil pipeline.  The proposed development w...




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Lawbite: Do you know your AGAs from your GAGAs?

Co-operative Group Food Ltd v A & A Shah Properties Ltd [2019] EWHC 941 (Ch) A recent case saw the court wrestle with the difficulties sometimes encountered with guarantee provisions and the way in which they are drafted. The landlord A & A ...




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Lawbite: When is it reasonable for a landlord to enter their tenant’s demise?

Windsor-Clive v Rees [2019] EWHC 1008 (Ch) In considering the scope of a landlord’s reserved right to enter premises let to their tenant “for all reasonable purposes”, the High Court has held that the right to do so must be...




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Lawbite: A case of mistaken identity

Seafood Shack Ltd v Alan Darlow [2019] EWHC 1567 (Ch) A lease of restaurant premises was granted to a company that did not exist; there was no legal basis for correcting the lease, and the similarly-named company claiming rights was held to have non...




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Lawbite Oral agreement did not extinguish right of way

Pezaro & Anor v Bourne & Anor [2019] EWHC 1964 (Ch) The High Court has held that a right of way was not extinguished where a landowner had relied on an oral agreement made with the previous owner of the land which benefited from the right of...




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Lawbite: Service Charge – Welcome Relief for Intermediate Landlords

Westmark (Lettings) Limited v Elizabeth Peddle and others [2017] UKUT 449 (LC) Here, the Upper Tribunal had to decide on the issue of when “relevant costs” are incurred for the purposes of Section 20(B)(1) of the Landlord and Tenant Act ...




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Lawbite: Is my debt secure or not?

This is another important Scottish Sheriff Court case on the competency of an assignation of standard securities (secured charges).  It follows two recent conflicting cases of OneSavings Bank v Burns, where the court found in favour of the borr...




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Lawbite: Breaking bad

Sackville UK Property Select II (GP) No 1 Ltd & Sackville UK Property Select II Nominee (1) Ltd v Robertson Taylor Insurance Broker Ltd and (2) Integro Insurance Brokers Ltd [2018] EWHC 122 (Ch) Serving break notices to end leases can be a risky...




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Lawbite: Don’t make a dog’s dinner over restrictive covenants!

Modification and discharge of restrictive covenants! In the matter of an application by Paul Holden (2018) Many properties are bound by restrictive covenants, which restrict the use to which the property in question may be put.  Restrictive cov...




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Lawbite: Assessing the nature of the tenancy!

(1) Stephen Charles Smyth-Tyrrell (2) Beaujolois Katherine Smyth-Tyrrell –v- William Robert Bowden (2018) Recovery of possession of land by a landlord against his tenant is not always an easy business.  In this particular case, the tenant...




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Lawbite: The Right Qualifications

Tonicstar Limited v Allianz Insurance Plc [2017] EWHC 2753 (Comm) A contract of reinsurance, triggered by the 9/11 attacks, contained provisions requiring the respondent to appoint an arbitrator: "Unless the parties otherwise agree the arbitration t...