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Local Government Briefing Note 8 of 2013 - Proposed changes to rules for solicitors employed by local authorities

? The Solicitors Regulation Authority has undertaken consultation on proposed changes to the rules for solicitors employed by local authorities.  The SRA is proposing to amend rule 4.15(e) of the Practice Framework Rules, to ...




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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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UK HR Local Government e-briefing - Today's employment law changes; and what else to expect this year

Today’s employment law changes; and what else to expect this year Various changes to employment legislation take effect today, including amendments to whistleblowing laws.  Other changes will follow over coming months. In this briefing we...




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UK Local Government Pensions speedbrief: Local Government Pension Scheme liabilities on academy conversions

Local Government Pension Scheme liabilities on academy conversionsBackground The treatment of Local Government Pension Scheme (LGPS) liabilities on academy conversions has been presenting significant difficulties for some time, with pension liabilit...




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Eversheds Local Government Briefing Note 18 of 2013: Code of Conduct for Operational PFI/PPPs

Code of Conduct for Operational PFI/PPPs HM Treasury recently published a brand new PFI/PPP code of conduct (the ‘Code’) which is aimed at delivering savings in operational PPP contracts. What has been introduced? ...




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Local Government Briefing Note 20 of 2013: Judicial Review: Proposals for further reform

On 1 July 2013, following its consultation Judicial Review: proposals for reform, the Government introduced significant changes to the judicial review process.  The stated aim was to balance the need to ensure lawful public administration with ...




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Scrutiny in Local Government in Wales

A report from the Auditor General for Wales has recommended that Welsh local authorities should implement scrutiny improvement action plans. The recommendation is one of nine recommendations contained in Good Scrutiny? Good Question!, a report of an...




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Local Government Briefing Note 3 of 2015: Deal or No Deal: What's Inside the Red Brief Case

Another year, another budget. So what have we learnt from the contents of the infamous red brief case? Here are some of the highlights for the local government community.             George...




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Local Government Briefing Note 4 of 2015: Cap on care costs and new appeals system - Reforms on the horizon

On 4 February 2015, the government launched a consultation on draft regulations implementing the cap on care costs contained in the Care Act 2014. The consultation also sought views on the need for new appeals system in relation to local authorities...




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Local Government Briefing Note 6 of 2015 - Converting failing schools into Academies - a closer look at the Education and Adoption Bill

Background The Government’s latest proposal in reforming the English schooling system was laid before Parliament last week in the form of the Education and Adoption Bill 2015-16 (“the Bill”). The Bill sets out provisions to conver...




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Changes to Charity Law – The Charities (Protection and Social Investment) Bill 2015

Introduction The Charities (Protection and Social Investment) Bill 2015 (“the Bill”) is currently before Parliament. The Bill is relatively short and deals with two areas in particular: i) the powers of charities to make social investmen...




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‘Devolution Revolution’ – Turning Around Local Government

On the 5th October the Chancellor George Osborne, set out the Government's plans to devolve powers from Whitehall to local areas in a bid to stimulate economic growth. The initiative was heralded as the “biggest transfer of power to local gove...




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Retail groups with Swiss financing arrangements

The Swiss Federal Supreme Court recently considered whether a dividend distributed by a Swiss company that participated in a zero balancing financing arrangement had been distributed lawfully. The case refers back to 2001 when Swisscargo AG distribu...




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All change on business rates: 2017 revaluation, “Check Challenge Appeal” and other developments

The last two years have brought challenging times for ratepayers and there is little respite on the horizon. With the 2017 Revaluation looming, rateable values are likely to increase substantially throughout large swathes of the country. Together wi...




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E-commerce: Commission probes suspected competition infringements in consumer electronics, videogames and hotel sectors

The European Commission has launched three investigations into suspected breach of the competition rules by companies in the consumer electronics, videogames and hotel sectors.  The consumer electronics and videogames probes come out of the Com...




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Timber Regulation: Recent updates and developments

Background Since coming into force in 2013, the EU Timber Regulation 995/2010 (“Timber Regulation”) has placed a due diligence obligation on businesses, requiring systems to be put in place to minimise the possibility that illegally harv...




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Competition and Markets Authority publishes updated retail mergers commentary

Introduction The Competition and Markets Authority (“CMA”), the authority responsible for operating and enforcing the UK merger control regime, has published its updated Retail Mergers Commentary (“New Commentary”).1 The CMA ...




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Rail Technology: The Transport Select Committee makes recommendations for the delivery of the Digital Railway programme

What is the Digital Railway programme? The Digital Railway programme is a Network Rail led initiative to modernise train command, control and signalling systems used on the British railway network with the aim of substantially improving the capabili...




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Update: Draft EU Implementing Regulation on access to service facilities and use of rail-related services

Executive Summary The European Commission has consulted on an implementing regulation which will provide additional detail for procedures and criteria to be followed by service facility operators in order to satisfy their obligations under Directive...




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Highways England starts its market and supply chain engagement for two major transport projects under the new PF2 approach

Highways England are moving forward with the A303 Stonehenge project (A303) and the Lower Thames crossing (LTC) and will be starting their market and supply chain engagement in March 2018. These projects are two of the largest in Highway England's R...




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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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Rail Network Enhancements Pipeline Update (Autumn 2019) - Government provides update on rail enhancement projects seeking DfT funding

Background On 16 October 2019 the Department for Transport (“DfT”) issued its “Rail Network Enhancements Pipeline Update” for Autumn 2019 (the “Enhancements Pipeline Update”). A copy of the Enhancements Pipeline U...




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Coronavirus – Department of Transport Regulations – South Africa

A notice was published in the government gazette on 30 March 2020, in terms of which the minister of transport (the “Minister”) has, in terms of section 18(7) of the National Road Traffic Act (No. 93 of 1996), extended the licensing and ...




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The implementation of the GDPR in Romania

We report on Romania’s recently introduced data protection law, focussing on the provisions relating to the processing of national identification numbers and the rules on the use of CCTV and monitoring in an employment context. In July 2018, R...




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The Fashion ID judgement: Plugin to be a joint controller

The Facebook “Like” button and similar social media plugin technologies (Plugin) are now so commonplace that we perhaps don’t give them a second thought. Plugins provide an easy way for consumers to connect instantly with a preferr...




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Bank Negara Malaysia - Policy Guidance on ‘Risk Management in Technology’ (‘RMiT’)

The Central Bank of Malaysia or Bank Negara Malaysia (‘BNM’) on 18 July 2019 issued another policy document which sets out its requirements to the nation’s Financial Institutions (‘FIs’) management of technology risk. W...




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Article: Pre-ticked boxes aren’t “consent” for cookie placement

CJEU Ruling on Cookies On 1 October 2019, the Court of Justice of the European Union (CJEU) gave a preliminary ruling1  on questions referred from the Bundesgerichtshof (Federal Court of Justice in Germany) that:   Consent is not validly ...




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ICO launches consultation on its application for POCA enforcement powers

The Information Commissioner’s Office (“ICO”) has asked to be given the ability to exercise various powers (and gain access to investigation) under the Proceeds of Crime Act 2002 (“POCA”), and has opened a consultation ...




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Commencement of the Protection of Personal Information Act – 1 April 2020

President Cyril Ramaphosa has received a request from the Information Regulator Chairperson to declare that the remaining provisions of the Protection of Personal Information Act (POPIA) commence on 1 April 2020. If the President acts on the Informa...




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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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FCA imposes fines in first competition enforcement case

Competition partner Julia Woodward-Carlton, who acted for one of the main parties on this case, considers the decision and potential implications of the case in this article. The Financial Conduct Authority (‘FCA’) has today issued ...




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Sainsbury's / Asda and the CMA - a statement of intent pre-Brexit

On 21 and 20 February 2019 respectively the Competition and Markets Authority (CMA) published its Provisional Findings and a Full Article



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Case C-260/17, Anodiki Services EPE: interpreting the scope of the “employment contracts” exemption under EU procurement legislation

Case C-260/17, Anodiki Services EPE1: interpreting the scope of the “employment contracts” exemption under EU procurement legislation Introduction The judgment relates to a request for a preliminary ruling made by Greece’s Council ...




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Greater EU Competition Enforcement needed in the Digital Era

As we have recently reported, a number of competition authorities and governments are in the process of assessing whether their competition enforcement tools are fit for the digital economy. In the UK, on 13 March 2019 a specially commissioned panel...




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CMA's merger enforcement powers could become more intrusive

On 3 June 2019, the Competition and Markets Authority (“CMA”) published a report1 by economic consultancy firm Lear, commissioned by the CMA, on merger control in digital markets (“Report”). On the...




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UK Government loses case relating to Saudi Arabia arms exports

On 20 June 2019, the UK Court of Appeal ruled that the UK Government’s decision to continue licensing exports of military equipment to Saudi Arabia for possible use in the conflict in Yemen was unlawful. The judgment comes amidst global concer...




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Case comment: Amey Highways Limited v West Sussex County Council

The recent High Court decision in Amey Highways Limited v West Sussex County Council has clarified that abandoning a procurement will not automatically extinguish pre-existing causes of action.  Breaches of the procurement regulations which res...




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Government Amends Temporary Tariffs for Lorries, Bioethanol and Clothing Products

On 8 October 2019, the Government announced changes to the UK’s temporary tariff regime for certain products in the event of a no-deal Brexit. Under the proposals, which were first published on 13 March 2019 , the Government intended to introd...




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The Italian Competition Authority’s enforcement against so called “IBAN discrimination” practices

Introduction The Italian Competition Authority (“ICA”) has recently adopted a harsh approach imposing quite significant fines on those operators who accept direct debit payments only to the extent that their customers are holders of an ...




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The new Italian Law on Class actions and its impact on the current private antitrust enforcement regime in Italy

The Italian legislation on private antitrust enforcement (Legislative Decree no. 3 of 19 January 2017 - Decree) has implemented the EU Directive no. 2014/104. The Decree sets out the rules according to which any natural or legal person who has suffe...




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DOJ further aligns Export Control and Sanctions Enforcement Policy with FCPA enforcement practices

On 13 December 2019, the US Department of Justice (DOJ) announced a revised Export Control and Sanctions Enforcement Policy for Business Organizations (Revised EC/S Policy),1 clarifying its prior guidance on voluntary self-disclosure requirements fo...




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Court of Appeal upholds CMA's online sales ban decision in the golf equipment sector

  On 21 January 2020, the Court of Appeal (‘CoA’) upheld the Competition Appeal Tribunal (‘CAT’) judgment, finding that Ping Europe Ltd (‘Ping’) breached competition law by prohibiting its retailers from sell...




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Highest EU court confirms pay for delay settlement agreements may be abusive and restrict competition by object or effect

On 30 January 2020, the Court of Justice of the EU (“CJEU”) confirmed that an agreement in settlement of a patent dispute in the pharmaceutical sector may constitute a restriction of competition by object or effect, as well as an abuse o...




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The equity surplus-arrangement – clarified

In two recent judgments, both rendered on 16 October 2015 (which can be found here and here) the Supreme Court ruled on the sustainability of a legal construct often used by banks called the equity surplus-arrangement. A variant of the...




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The enforcement of securities connected to a pledged debt by the pledgee

  Pursuant to Article 3:246 paragraph 1 of the Dutch Civil Code (DCC) pledgees have the power to enforce their right of pledge on receivables by claiming (direct) payment of the receivable. This power also includes the right to enforce rights o...




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A commentary on So Sau Lai Connie v DBS Bank (Hong Kong) Ltd

The case of So Sau Lai Connie v DBS Bank (Hong Kong) Ltd [2017] HKEC 29 is a typical letter of credit fraud case. This case illustrates whether certain “red flags” may constitute discrepant presentation or a fraud indication. Background ...




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When off-plan doesn’t go to plan – security issues in residential developments

A recent High Court judgment provides a reminder of the rules governing the priority of security interests in an insolvency scenario, and also illustrates some of the potential pitfalls of purchasing apartments off-plan (Williams & Anor v Broado...




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Coronavirus - German Federal Government plans legislative package to mitigate consequences of COVID-19 - Germany

Changes to the insolvency, civil and criminal procedural law The German Federal Government is currently planning various support measures for entrepreneurs, sole traders, other small, medium and large companies and credit institutions to mitigate t...




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Coronavirus - Government launches Future Fund for high-growth companies - UK

On 20th April, the UK Government announced a £500m “Future Fund”, as part of its package of measures to support businesses in response to the coronavirus.  What is the Future Fund? The Future Fund is being set up with the aim ...




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Coronavirus - Judicial comment on temporary ban on Statutory Demands and Winding-up Petitions... and opportunism! - UK

In Re Saint Benedict's Land Trust ...