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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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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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Case E-16/16, Fosen-Linjen AS and AtB: An EFTA Court case clarifying key aspects of EU procurement legislation

Introduction Relevant facts The Court’s decision Whether the Remedies Directive permits the imposition of conditions for claiming damages Clarifying the burden of proof when claiming damages for loss of profit Grounds on which a contracting...




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The Russian Supreme Court brings clarifications to the relationship between co-owners of intellectual property

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IHC HR e-briefing 117 - Disability discrimination: in preserving the status quo, the Court of Appeal takes a radical leap!

The Court of Appeal has approved the application of the House of Lords decision in the case of London Borough of Lewisham v Malcolm [2008] IRLR 700 to employment-related cases. See our previous HR e-briefing 366 for further information. In many res...




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IHC HR e-briefing 126: Two new European Court rulings on age discrimination

The Court of Justice of the European Union (CJEU) has handed down two important judgments on age discrimination this week. The first, on retirement, will be of interest to those employers deciding whether to retain a compulsory retirement age follow...




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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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Supreme Court ruling to impact on registration of town and village greens

The Supreme Court has issued an important decision which considers whether land can be registered as a town or village green where that land has been acquired by a statutory undertaker and is held for purposes that are inconsistent with the use of 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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Court refuses to interfere with FOS’s decision-making on PPI complaint

Summary The High Court has recently handed down its judgment in R (Critchley) v Financial Ombudsman Service and two others [2019] EWHC 3036 (Admin).  The applicant, Mrs Critchley sought to challenge FOS’s rejection of her PPI complaint on...




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Supreme Court brings clarification on non-party costs orders for liability insurers

Summary: The Supreme Court handed down its long anticipated judgment in the case of Travellers Insurance Company Limited v XYZ [2019] UKSC 48 on 31 October 2019. The appellant, Travelers Insurance Company Limited (“Travelers”) was succes...




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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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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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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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Public Sector Pensions Speedbrief: Supreme Court refuses Government permission to appeal in public sector age discrimination cases

It has been reported that on 27 June 2019, the Supreme Court denied the Government’s request for permission to appeal against the Court of Appeal’s decision in the cases of McCloud and Sargeant regardi...




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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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France – Private enforcement of competition law: French Supreme Courts dismisses nullity and follow-on damages claims of EDF and ERDF

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...




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Court of Appeal's analysis of lease guarantees

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The Court of Justice in Eenheid holds that the day to day management of Property Funds is subject to VAT

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



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R v Faltec Europe Ltd - Court of Appeal Guidance

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Court and government services in Jordan

Judicial recess in Jordan usually takes place annually during the months of July and August however due to the worldwide COVID-19 pandemic, the Jordanian Judicial Council (“JJC”) and the Jordanian Bar Association (“JBA”) anno...




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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)

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...




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Coronavirus - Commercial Court and Litigation Funding - Northern Ireland

Commercial Court – a return to action? On 4 May 2020, the Commercial Court Judge in Northern Ireland, the Honourable Mr Justice Horner, circulated an update to legal professionals stating clearly that the Commercial ‘Hub’ is open f...




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HR e-briefing 494- Key strike law decision from Court of Appeal

The law relating to industrial action is complicated and many aspects are unclear, mainly because of conflicting court decisions, complex statutory rules or because of the absence of judicial interpretation. In particular, uncertainty exists over th...




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IHC HR e-briefing 141 - Key strike law decision from Court of Appeal

The law relating to industrial action is complicated and many aspects are unclear, mainly because of conflicting court decisions, complex statutory rules or because of the absence of judicial interpretation. In particular, uncertainty exists over th...




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Eversheds Sutherlands UK Labour Law E-briefing - Court of Appeal upholds small single collective bargaining unit

Court of Appeal upholds single collective bargaining unit for only 1.2% of employees in an otherwise non-unionised employer In a significant development for employers, particularly those without recognised trade unions and those with dispersed busin...




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Constitution of Limitation Funds - P&I club letters of undertaking versus payment into court

The English High Court, in the recent case Kairos Shipping Limited v. Enka & Co LLC & Others (Atlantic Confidence) [2013] EWHC 1904 (Comm), considered whether or not a tonnage limitation fund may be constituted by provision of a P&I club...




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Discussion clauses - court may force a friendly discussion

Emirates Trading Agency LLC v. Prime Mineral Exports Private Limited [2014] EWHC 2104 (Comm) Facts Emirates Trading Agency (Emirates) agreed to buy iron ore from Prime Mineral Exports (PME) but failed to collect all the order. PME claimed liquid...




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Shipping: Supreme Court's decision in Zurich Insurance PLC UK Branch v International Energy Group Limited

The Supreme Court’s decision in Zurich Insurance PLC UK Branch v International Energy Group Limited provides some clarity to the position of Clubs who face long-tail work related illness claims where multiple employers or insurers were involve...




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Court orders final forfeiture of retired Army general’s N427 million

The general earned a salary of N750,000 before retirement.

The post Court orders final forfeiture of retired Army general’s N427 million appeared first on Premium Times Nigeria.




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Numsa, Sacca welcome Labour Court ruling on 'unfair retrenchments' at SAA

Numsa and Sacca have welcomed the Labour Court's ruling that the retrenchment process initiated by the SAA business rescue practitioners was unfair.




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Despite Covid-19, Customs in Port Harcourt declare improved N16Billion Qtr 1 revenue

By Egufe Yafugborhi – Port Harcourt Nigeria Customs Service, Area 1 Command, Port Harcourt, Rivers State, has posted N16,180,827,894.00 revenue for the First Quarter of 2020 despite the negative impact of Coronavirus. Customs Area Controller of the Command, Comptroller Auwal Mohammed who disclosed this in an operational report said the revenue was  N2,993,362,850.00 higher than
Read More

The post Despite Covid-19, Customs in Port Harcourt declare improved N16Billion Qtr 1 revenue appeared first on Vanguard News.




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Supreme Court verdict on Orji Kalu right, sound – Monday Ubani

Second Vice Chairman of the Nigeria Bar Association (NBA), Monday Onyekachi Ubani has reacted to the Supreme Court’s nullification of the conviction of a former governor of Abia State, Orji Uzor Kalu. Also nullified was the judgement against his firm, Slok Nigeria Limited and Jones Udeogu, a former Director of Finance and Account of Abia […]

Supreme Court verdict on Orji Kalu right, sound – Monday Ubani




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Supreme Court voids Orji Kalu’s 12-year sentence

Nigeria’s apex court, the Supreme Court has voided the conviction and 12-year prison sentence handed down to former governor of Abia State, Orji Uzor Kalu. An Appeal Court had found Orji Uzor guilty of corruption and embezzlement and he was sent to 12 years in prison. More details shortly…

The post Supreme Court voids Orji Kalu’s 12-year sentence appeared first on Hallmarknews.




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COVID-19: NJC issues Fresh guidelines for court sittings

Determined  to face  the challenges poised by the coronavirus pandemic (COVID-19), the National Judicial Council (NJC) has issued a fresh guidelines all Nigerian courts are expected to carry out its duties and functions as enshrined by the Constitution of the Federal republic of Nigeria. In a press statement signed by the Chief Justice of Nigeria […]

The post COVID-19: NJC issues Fresh guidelines for court sittings appeared first on Nigerian Pilot News.




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DA will fight for Tshwane in the face of ANC, EFF court appeals, says Randall Williams

The ANC and the EFF are making "a desperate attempt to save face" by appealing the High Court in Pretoria's ruling overturning the Gauteng government's dissolution of the City of Tshwane council, the DA said.




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Rape survivor left with huge legal bill after losing court case against cops

Businesswoman and activist Andisiwe “Andy” Kawa sued police for damages after accusing them of failing to find her during a 15-hour rape she endured in 2010 but lost the case.




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Invoice hijacking fraud - Court adopts practical approach to assist recovery

Email scams are becoming more and more difficult to spot.  Hackers replicate genuine email traffic, posing as genuine suppliers providing invoices that appear genuine.  It is often only when the supplier chases on payment, which as far as...




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Germany: Federal Cartel Office bans food retail giant EDEKA from squeezing suppliers, Edeka goes to Court

The German Federal Cartel Office (“Bundeskartellamt”, BKartA) has issued a decision stating that attempts by Germany’s largest supermarket, EDEKA, to force suppliers to grant it so called “wedding rebates”, in the form ...




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New test devised for assessing relief from court sanctions

Précis: The Courts have adopted a new test to assess applications for relief from sanctions, which demonstrates a more reasonable approach than used recently.  However, it remains important to ensure compliance. What? During litigation, ...




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Malawi Top Court Upholds Presidential Election Re-Run

President Peter Mutharika, whose win in last year's vote was challenged, had appealed the re-run, which is now to be held July 2




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Local Government Briefing Note 9 of 2013 - The Administrative Court considers effective and lawful consultation

The court has recently considered the extent of disclosure required to satisfy the obligation of fairness in a consultation exercise in the case of R (on the application of Save our Surgery Limited) v Joint Committee of Primary Care Trusts  (&l...




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Decision to cut libraries quashed by High Court

Following the unsuccessful “save the library” challenge against Brent Council in 2011, comes another  High Court judgment in judicial review proceedings involving a Council’s decision to achieve spending cuts by reducing its l...




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Eversheds advises Windmill in successful defence of Court of Appeal challenge to retail planning permission

R (on the application of Tesco Stores Limited) v Forest of Dean District Council and (1) JD Norman Lydney Limited (2) Asda Stores Limited (3) Windmill Limited (4) MMC Land & Regeneration Limited1 The Court of Appeal, upholding a decision of the ...




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Airlines Face Turbulence Over Compensation Payments Following Supreme Court Decision

Intro / Summary The Supreme Court has refused to grant Emirates permission to appeal the Court of Appeal’s decision in the joint case of Gahan v Emirates and Buckley and ors v Emirates meaning the Court of Appeal’s decision to award comp...




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Decision of the Higher Regional Court of Frankfurt am Main on bundling of consents in sweepstakes

In its decision of 27. June 2019 (Ref. 6 U 6/19), the Higher Regional Court of Frankfurt am Main ruled that participation in a sweepstakes can be made dependent on participants giving their consent to receive future marketing via e-mail or calls. In...




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The EU Court provides guidance on the use of framework agreements by contracting authorities

Case C-216/17, Autorità Garante della Concorrenza e del Mercato – Antiturst, Coopservice Soc. coop. arl In its judgment of 19 December 2018 (the &ldq...




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The General Court annuls the Commission’s 2016 decision on the Belgian excess profit tax rulings

The General Court of the European Union annulled on 14 February the European Commission’s decision of 11 January 2016 (Decision (EU) 2016/1699), in which it had found that Belgium’s excess profit exemption scheme was incompatible with EU...




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Narrow or Wide? Court aligns Germany with other jurisdictions on MFN-Clauses in Bookings.com case

On 4 June 2019 the Higher Regional Court of Düsseldorf ruled in favour of Booking.com’s revised “narrow” Most Favourite Nation (“MFN”) clause (Case No. VI-Kart 2/16 (V)). The reactions were predictable. German hote...