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IHC HR e-briefing 108 - Queen's Speech developments

For employers, what a new government might bring to bear in a difficult financial climate was glimpsed at in the party manifestos (see our previous Full Article



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IHC HR e-briefing 110 - Vetting and barring scheme implementation halted

This morning, the Home Secretary, Theresa May, announced that the new vetting and barring scheme for people who work with children or vulnerable adults is to be "brought to a halt" pending review. The scheme, the scope of which is defined by the Saf...




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Eversheds' IHC HR e-briefing 112: Employment Tribunal claims soar

Statistics for 2009-10 released by the Tribunals Service this week reveal that claims to employment tribunals have dramatically increased this year. Despite an overall drop in 2008-9, when the number of claims was 151,028, claims have soared to 236,...




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IHC HR e-briefing 116 - Default retirement age to be abolished next year

Default retirement age to be abolished next year The Government has this morning confirmed that it plans to abolish the default retirement age (DRA) next year. The aim is that from 6 April 2011 the statutory retirement procedure in Schedule 6 of th...




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IHC HR e-briefing 122 - Employment law changes from 1 October 2010

We have set out below a summary of the notable legislative changes from 1 October 2010. Equality Act 2010 Regulations have recently confirmed which parts of the Equality Act 2010 will take effect on 1 October this year and which parts are currentl...




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IHC HR e-briefing 133 - Government confirms October abolition of default retirement age

The Government has today published a response to its public consultation on plans to abolish the default retirement age. Although the regulations by which this will be effected are unlikely to be published for a few weeks, the Government has confirm...




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IHC HR e-briefing 134 - Employment Tribunal reform: a promising start

The Government has today published a consultation on employment tribunal reform.  The consultation floats a wide-range of proposals, going well beyond the measures which were rumoured to be up for consideration. The consultation document inclu...




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IHC HR e-briefing 137 - Retirement abolition regulations not as expected

The government has laid before Parliament the draft Employment Equality (Repeal of Retirement Age Provisions) Regulations 2011 aimed at abolishing the default retirement age. However, in the version seen by Eversheds, the transitional arrangements f...




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IHC HR e-briefing 140 - Retirement regulations amended

The Government has laid before Parliament a revised draft of the Employment Equality (Repeal of Retirement Age Provisions) Regulations 2011 which are intended to abolish the default retirement age. The new regulations correct a pr...




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Eversheds' IHC HR e-briefing 145: Local government two-tier code to be scrapped

The Government has confirmed that the Code of Practice on Workforce Matters in Local Authority Service Contracts is to be withdrawn. It is not yet clear when the withdrawal will take effect. The Code applies in England and Wales to local authority ...




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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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Lawbite: The takeover of 5G – proposed reforms to permitted development rights

In August 2019, the Government consulted on the principle of amending permitted development rights in England to grant planning permission for mobile infrastructure to support deployment of 5G and extend mobile coverage. The Government is committed ...




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Lawbite: Redevelopment and liability for business rates

Colour Weddings Ltd v Ritchie Roberts (Valuation Officer) [2019] UKUT 385 (LC) The issue of how a property undergoing redevelopment should be treated for rating purposes hit the headlines a few years ago with the case of Monk v Newbegin. That case e...




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MEES: requirements for letting residential properties from 1 April 2020

The Energy Efficiency (Private Rented Property) (England and Wales) Regulations 2015 (“MEES Regulations”) provide that from 1 April 2018, it is unlawful for a Landlord of private rented property to grant a tenancy to a new or existing te...




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Coronavirus - Lease agreements - Slovakia

In cases where operations have to be closed or business activities are prohibited, the question arises as to what happens to the lease and whether it can be suspended, paid in instalments or cancelled altogether. Below we have prepared a short overv...




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Fifth Money Laundering Directive implemented in the UK

On 20 December 2019, the Money Laundering and Terrorist Financing (Amendment) Regulations 2019 (“MLR 2019”) were laid before Parliament.  The MLR 2019 gives effect to the EU Fifth Money Laundering Directive[1]



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An overview of the Enforcement of Judgments Office – Northern Ireland

1.       What is the Enforcement of Judgments Office? The Enforcement of Judgments Office (the “EJO”) is a public body responsible for enforcing judgments in Northern Ireland. This contrasts to the system in...




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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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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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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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Pensions investment newsletter

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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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What happens on an assessment of costs when a costs management order has been made

With a few exceptions, costs budgeting applies to the majority of part 7 multi-track matters. Once the costs budget is agreed between the parties, approved by the court or a costs management order has been made, what is the position upon an assessme...




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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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Quarterly Fraud and Corruption Enforcement update - April 2020

Please click here to download our quarterly Fraud and Corruption Enforcement update. Here we provide a quick overview of the recent key developments relating to criminal investigations and e...




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Procurement Briefing Issue 1 2006 - The new procurement Directives

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Procurement Briefing Issue 2 2006 - EC procurement thresholds from 31 January 2006

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Procurement Briefing Issue 3 2006 - Competitive dialogue - A brave new world

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Procurement Briefing Issue 4 2006 - Awarding contracts to in-house companies

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Procurement Briefing Issue 1 2007 - Bidder beware?

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Procurement Briefing Issue 2 2007 - Tendering burdens removed in electricity and gas supply markets

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EU public procurement directives update

Parliamentary approval delayed to 2014 Provisional agreement between the EU Council, Commission and Parliament was reached back in July 2013 on the draft text of three new EU public procurement directives but these draft directives are still awaitin...




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New EU Procurement Directives coming into force

A quick update on the progress of the new Directives. It is anticipated they will be published in the Official Journal of the European Union on 28 March 2014, meaning that they will then come into force on 17 April 2014. Following the Directives com...




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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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Procurement opportunities to come from Brexit

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New guide (TCC) sets out the recommended pre-action process for parties to follow in a procurement dispute

On 17 July 2017, a new Appendix H to the Technology and Construction Court Guide was published which provides guidance on procedures for public procurement cases (the “Guide”). Although this detailed procedural guidance is likely to prove usefu...




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Openness in public procurement – a worthy cause facing new challenges

The establishment of more open public procurement systems, that is, procurement systems which offer foreign suppliers access to the award of public contracts on the basis of no less favourable terms than to domestic suppliers, constitutes an essenti...




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Brexit and UK public procurement law

Following the June 2016 referendum on the UK’s membership of the EU, the UK government triggered article 50 of the Treaty on the Functioning of the European Union on 29 March 2017, thereby commencing the two-year formal process that will ultim...




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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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Chambers Global Practice Guide – Public Procurement & Government Contracts 2019

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Electronic invoicing in public procurement

Since April 26, 2019, contractors, to whom a public contract or concession has been awarded, have the possibility to issue an electronic invoice and transmit it to the contracting authority. This novelty is the result of the transposition of the Eur...




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EU Allows China to Edit Op-Ed Article, Removing Mention of Virus Origins

The EU's ambassador made a 'mistake' in giving the go-ahead for the censorship, officials say.




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Coronavirus – Ongoing agreements in judicial reorganization – Belgium

In these uncertain times, there is a good chance that your company will be confronted with a contracting party that is in the process of judicial reorganization, or that you have initiated this procedure yourself. What are the consequences of this p...




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FCA Feedback Statement FS19/6 – Climate Change and Green Finance: summary of responses and next steps

On 16 October 2019, the FCA published their feedback statement FS19/6 on Climate Change and Green Finance[1]. This feedback statement summarises the responses from stakeholders to the Discussion Paper (DP18/8) on Climate Change and Green Finance[2] ...




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Entering new territory: Implementation Period

The UK has now officially left the European Union and entered an implementation period ("IP"), which is due to last until 31st December 2020 – IP Completion Day. During the implementation period, European law will continue to apply and firms ...




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Site waste management plans

Site waste management plans will be necessary for construction and demolition work with effect from 6 April 2008. The Site Waste Management Plans Regulations 2008 require site waste management plans for all construction and engineering projects in ...




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Leasehold enfranchisement

Enfranchisement of long leasehold buildings in commercial use may have become a real possibility as a result of a recent decision by the House of Lords. The Leasehold Reform Act 1967 gives long leasehold tenants the right to buy the freehold of the...




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Easements, covenants and profits à prendre: reform is in the air

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 ...




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Oral tenancy agreements

As a general rule, leases of land must be made by deed. Failure to comply with this requirement means that the tenant will not acquire a legal estate in land. However, leases granted for a term of up to three years need not be made by deed so long a...




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Agreements for lease

Section 2 of the Law of Property (Miscellaneous Provisions) Act 1989 requires contracts to dispose of interests in land to be made in writing. However, leases granted for a term of up to three years need not be made in writing so long as the term st...