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Directors' conflicts of interests - are you ready for 1 October 2008?

From 1 October 2008, all directors have a duty under the Companies Act 2006 to avoid actual or potential conflicts between the duties they owe to a company and either their personal interests or other duties owed to third parties.   There are a...




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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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Publication of statutory guidance on supplier selection and a revised standard Selection Questionnaire

The Crown Commercial Service (“CCS”) has now published a revised standard Selection Questionnaire and guidance in the form of Procurement Policy Note (PPN) 8/16. This can be found here. PPN 8/16 supersedes and replaces PPN 3/15 which con...




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The question of a “sufficiently serious” breach: a relevant consideration in the review of applications for the lifting of automatic suspensions?

Case comment: (1) Lancashire Care NHS Foundation Trust and (2) Blackpool Teaching Hospitals NHS Foundation Trust v Lancashire County Council [2018] EWHC 200 (TCC) Summary In a recent judgment of the new head of the TCC, Fraser J, Lancashire County ...




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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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Webinar and Live Q&A Clinic: Managing Real Estate Contract Risk

Join us on Friday 17 April as we examine management of real estate contract risk in an uncertain financial market. This session will look at the types of contractual issues you may face, risk protection, reputation management and effective dispute r...




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Webinar - COVID-19: The continuing rise of pension scams, with guest speaker Margaret Snowdon OBE

With figures (quoted by the FCA in 2019) suggesting that 5 million people could be at risk of falling for a pension scam, and (according to Action Fraud) March seeing a 400% rise in COVID-19 related scams, it is no surprise that pension scams featur...




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IHC HR e-briefing 100: the right to request time off for training or study the right to request time off for training or study

From today, a new right for employees to request time off work to undertake training or study applies to all businesses in England, Scotland or Wales with 250 or more employees. For employers familiar with the right to requ...




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IHC HR e-briefing 104: Which way now? Employment law and the manifestos

Our recent poll sought your views on the areas of employment law you would most like to see reformed following the election. Unfair dismissal protection, employment tribunal practice and procedure and retirement age an...




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China’s government has tamed dragon investors and harnessed them to ride for the state

As originally published in React News Beijing is determined all outgoing investment will align with China’s strategic goals Stockholm - home of ABBA and fermented herring. A fish so pongy, the Swedes o...




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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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Wall Street-Tweak: Inform Retail Investors Of The Stock Borrow Earnings They Lose Out On.




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The IPO Market's Slowest Spring Since The Financial Crisis




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More updates needed to your scheme’s statement of investment principles

Unexpectedly, the Government has issued regulations which will require trustees to make further changes to their Statement of Investment Principles (SIP) from 1 October 2020. They will also require additional disclosures in relation to investment pr...




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The CMA’s Final Order following its IC and FM market investigation - long read

On 10 June 2019, the Competition and Markets Authority (CMA) gave notice that it had made its Final Order following its market investigation into the investment consulting (IC) and fiduciary management (F...




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The CMA’s Final Order following its IC and FM market investigation

On 10 June 2019, the Competition and Markets Authority (CMA) gave notice that it had made its Final Order following its market investigation into the investment consulting (IC) and fiduciary management (F...




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Pensions investment newsletter

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Lack of costs advice or estimates results in solicitors’ invoice being heavily reduced

Dunbar v Virgo Consultancy Services Limited [2019] EWHC B12 (Costs) Mr Dunbar instructed law firm Virgo Consultancy to assist a Greek legal team with a defence of his son, in a serious criminal offences action brought against him in Crete. A deposit...




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What is your entitlement to interest?

Louise Hoyle considers the Court’s current approach to interest on costs and how parties can maximise and mitigate interest payments. At a time when interest rates continue to be low, receiving interest on unpaid legal costs at 8%, the rate se...




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Coronavirus - Podcast series: Environment, Health and Safety (EHS) team address questions about COVID19 - UK

Episode 4 - COVID-19 webinar - When does a pandemic crisis spell disaster? - May 4 Listen to the replay of Eversheds Sutherland's episode 4 podcast providing guidance on at what stage does the pandemic crisis spell disaster. Reputations will be ma...




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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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Daughter of Uyghur Historian Questions Legitimacy of State Media Video Denying His Detention

Iminjan Seydin appeared in a video praising the government after he was missing for three years.




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Vietnamese Man Arrested For Gambling Dies in Jailhouse Beating

Nguyen Quang Lap was found dead on May 8 only three days after beginning a six-year term in prison.




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Northwest Natural Holding Co (NWN) CEO David Anderson on Q1 2020 Results - Earnings Call Transcript




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Southwest Gas Holdings, Inc. (SWX) CEO John Hester on Q1 2020 Results - Earnings Call Transcript




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New Jersey Resources Corporation (NJR) CEO Steve Westhovenon Q2 2020 Results - Earnings Call Transcript




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Pinnacle West Capital Corporation (PNW) CEO Jeff Guldner on Q1 2020 Results - Earnings Call Transcript




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Enforcing restrictive covenants

The litigation in City Inn (Jersey) Ltd v Ten Trinity Square Ltd, between rival hoteliers next to the Tower of London, concerned restrictive covenants imposed by the Port of London Authority (PLA). The parties asked the court to decide whether the c...




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Discharging restrictive covenants

In Re Alisha House, the Lands Tribunal discharged a restrictive covenant preventing a developer from using land for residential development in circumstances where: the developer had entered into the restrictive covenant with the local authority r...




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Real Estate Litigation's Eversheds In Focus... August 2011

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EU Advocate General gives landmark opinion in relation to the VAT treatment of property services to Real Estate Funds (C-595/13)

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 ...




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Confirmation of the new balance of probabilities test for suicide conclusions in Inquests

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If a tree falls in the forest…

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Eversheds Sutherland advises on sale of saracus Group to private equity investor Maxburg Capital Partners

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...




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Coronavirus - Shining a light on restructuring options - Northern Ireland

This week marks another critical juncture in the ongoing fight against the economic challenges presented by the COVID-19 crisis. With the jobs retention scheme portal now open for applications since Monday 20 April 2020, many businesses and employer...




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Combining sector knowledge and technical know-how to deliver largest unsubsidised wind farm in Europe

Eversheds Sutherland advises Glennmont on the sale of a minority stake in 211MW Finnish wind project Eversheds Sutherland has advised Glennmont Partners on its agreed sale of a 15% minority stake in Project Piiparinmäki, a 211.4MW wind farm, to...




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Restructuring in Ireland - Two recent cases with a US interest

Two recent cases demonstrate the efficacy of existing restructuring regimes under Irish company law and more particularly that the Courts in Ireland are receptive and efficient in approving and implementing large multi-jurisdictional restructuring s...




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Coronavirus - questions and answers about contracts and regulation

In connection with the spread of Covid-19, extensive crisis measures have been announced in the Czech Republic with a major impact on all business activities nationwide. Below we provide answers to frequently asked questions, especially in the area ...





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Innovative Industrial Has A Real Estate Problem




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Coronavirus - Guidance on corporate residence and permanent establishments – UK

In the midst of the current COVID-19 pandemic, businesses have been faced with a series of international tax questions on residence, permanent establishments and taxing rights of employee income. The general ambiguity of some of these tests does not...




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Coronavirus - (Real Estate) investment funds in the Corona crisis: Liquidity risks through regulatory and tax provisions - Germany

No support in the Corona crisis... The measures already initiated by the German Federal Government and the EU Commission to support and secure liquidity in the Corona crisis are focused on the industries directly affected by Corona/ COVID 19. They ...




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Tax residence and permanent establishments in the time of Covid-19

Where do I lay my hat? Tax residence and permanent establishments in the time of Covid-19 Read the article here > This article was first published in Taxation on 9 April 2020....




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Foreign worker protests and EU labour law

Article 49 of the EC Treaty prohibits restrictions on the freedom to provide services within the EU; Article 43 similarly prohibits restrictions on the freedom to establish businesses. Together with a prohibition on the grounds of nationality, these...




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Export control and sanctions update: EU restrictive measures against Russia

On 31 July 2014, the Council of the European Union (the “Council’) adopted Regulation (EU) No 833/2014 which implements Council Decision 2014/512/CFSP...




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Shipping: OW Bunker test case - guidance for Shipowners

(1) PST Energy 7 Shipping LLC and (2) Product Shipping and Trading S.A. v (1) OW Bunker Malta Limited and (2) ING Bank N.V. [2015] EWHC 2022 (Comm) In a well-publicised case, the High Court has ruled that shipowners are obliged to pay OW entities un...




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Why Investors Should Buy Takeda As It De-Leverages




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




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The Lancet claims Bolsonaro is the biggest threat to combat COVID-19 in Brazil

The biggest threat to Brazil's ability to successfully combat the spread of the coronavirus and tackle the unfolding public health crisis is the country's president, Jair Bolsonaro, according to the British medical journal The Lancet.




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Despite Bolsonaro's promises, Amazon deforestation hits a new high in first four months of the year

Deforestation in the Brazilian Amazon hit a new high in the first four months of the year, according to data released on Friday, a worrying trend after the devastation caused by record fires last year.