Prescription (the lapse of arbitration awards) in employment  There have been a number of conflicting judgments dealing with the prescription of arbitration awards and how the term “debt” should be defined in the employment arena. ...

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 ...

Compulsory provision of health insurance by employers in FranceThe safeguarding of employees’ wellbeing is a key focus of French employment legislation. From biannual consultations with employees to evaluate the psychological impacts of their ...

More flexibility for group companies to enforce proprietary rights and restrictions against employees? The Contracts (Rights of Third Parties) Ordinance (Cap. 623) (the “Ordinance”) came into force in Hong Kong on 1 January 2016. The Ord...

On 12 February 2016, the Government gazetted the Employment (Amendment) Bill 2016 (the “Bill”). The Bill will be introduced into the Legislative Council for first and second readings on 2 March 2016 but it is not clear when it may come i...

In late 2008, the Financial Services Authority (FSA) reviewed how firms had implemented key aspects of the Markets in Financial Instruments Directive (MiFID). It has now published the results of that review. Generally the FSA has been encouraged by ...

On 19 March, the Financial Services Authority published its much anticipated second consultation on AIFMD: “Implementation of the Alternative Investment Fund Managers Directive” – CP 13/9. The FSA paper came hot on the heels of HM ...

On 25 March, HMRC published a briefing on the tax treatment of payments of trail commission which is rebated to investors in collective investment schemes and other investment products such as life insurance policies. The briefing relates to any reb...

In our previous briefing we reported on HMRC’s recent briefing on the tax treatment of payments of trail commission rebated to...

Morocco - New opportunities for investments of companies based in Morocco By Jawad Fassi-Fehri In Morocco, measures aiming to make Casa Finance City (CFC) a financial continental platform are progressing. After the announcement by the African Develo...

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...

  The path to establishing a UK management entity for an offshore fund branches off in all manner of directions. One of the first crossroads faced by the first-time manager is the choice of UK management vehicle. Their decision has significan...

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...

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...

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...

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...

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...

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...

The Secretary of State for Housing, Communities and Local Government, James Brokenshire, has published the Government’s response to the consultation on leasehold reform. Described as delivering on the Government’s manifesto pledge to &ld...

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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Under Gazette number 43199 of 2 April 2020, the Department of Co-Operative Governance and Traditional Affairs has issued various amendments to the regulations issued by it in terms of the Disaster Management Act, relating to funeral attendances, fin...

BACKGROUND New Regulations were issued in terms of the Disaster Management Act, No. 57 of 2002 (Disaster Management Act) on 29 April 2020 (New DMA Regulations). Regulation 2(3) of the New DMA Regulations provides that any Directions issued by a resp...

The test case brought by the Office of Fair Trading (OFT) against a selection of banks and a building society has begun in the High Court in London. The case concerns the legality and reasonableness of charging unauthorised overdrafts and other bank...

The OFT has published details of the information sheets required by the Consumer Credit Act 1974 (CCA) as amended by the Consumer Credit Act 2006 for sending to borrowers in arrears and with default notices. The information sheets are to be implemen...

From 6 April 2008, all new consumer credit agreements and consumer hire agreements will be regulated regardless of the amount of credit (unless they are exempt). The main exemption is for first charge mortgages regulated by the FSA. ...

It is reported today in the media that a Deputy District Judge in the South Shields County Court has made a finding against MBNA ("the Creditor") in respect of various aspects of the enforceability of a credit card agreement and a payment protection...

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...

Reports early this week indicated that the new Home Secretary intends to “end free movement” to the UK of EEA citizens immediately in the event of no-deal Brexit. This has caused widespread alarm and was clarified by a Home Office Fact S...

Sponsors of Tier 2 migrants will be aware that they are obliged to retain certain documents for every sponsored migrant for a set period of time as part of their sponsorship duties. The specific documents that sponsors are required to retain and the...

The outcome of the vote in favour of leaving the EU will undoubtedly have far reaching implications, but what does this mean for the UK planning system? We have not rushed to comment upon the planning and environmental implications of the vote to le...

The Government chose the last month of 2016 to announce some legislative proposals that will have a significant impact on the ability of local planning authorities (LPAs) to impose planning conditions. Consultation seeking views on proposals for imp...

On 7 February 2017 the Government published its much anticipated Housing White Paper. Whilst those in the industry welcome the recognition of the extent of the supply problem and the commitment to tackle the entire process from site finding to deliv...

Eversheds Sutherland (International) has become the first law firm to join the government’s Northern Powerhouse partnership programme. Established by Prime Minister Theresa May and led by Northern Powerhouse Minister, Andrew Percy, more than 9...

The Supreme Court has ruled on what has been acknowledged as an issue of critical importance to the application of national planning policy, namely the proper interpretation of paragraph 49 of the National Planning Policy Framework (NPPF). This requ...

In September 2016 Communities secretary Sajid Javid decided not to confirm a compulsory purchase order (CPO) which underpinned regeneration proposals for the Aylesbury Estate in the London Borough of Southwark (Southwark). The CPO sought to acquire ...

The final version of the Scottish Government’s Onshore Wind Policy Statement (“OWPS”) has been published, confirming the role of onshore wind in Scotland, expectations of developers and forthcoming reviews and consultations. The OW...

In preparation for the forthcoming withdrawal of the UK from the EU, the Government has been amending legislation and regulations relevant to town and country planning, infrastructure planning, environmental protection, air quality, environmental im...

In preparation for the forthcoming withdrawal of the UK from the EU, Scottish Ministers have been amending legislation and associated regulations controlling the requirements and processes of town and country planning and environmental matters. The ...