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IHC HR e-briefing 124 - ECJ ruling in the AstraZeneca Case

VAT treatment of vouchers provided to employees under salary sacrifice You will no doubt have been made aware of the recent CJEU (formerly European Court of Justice) ruling in AstraZeneca. The case involved AstraZeneca and the retail vouchers that ...




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Apple Is Buying Shares Of Apple And So Should You




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Occidental Petroleum - The Acquirer Could Become The Target



  • OXY
  • The Value Portfolio

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Man hurt by bull in Riversdale, Southland

A man has been taken to hospital after a he was hurt by a bull in Southland this afternoon.St John Ambulance tweeted that they had been called to Riversdale, 30 kilometres north-west of Gore, just after 4pm."Two vehicles attended...




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Coronavirus - Could ADR prevent or cure Coronavirus disputes - the UK

As governments around the world battle to contain Coronavirus, the scale of economic disruption and impact on businesses cannot be underestimated. It is easy to see why some have predicted a rise in disputes work arising out of the unfolding global ...




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What should John Obi Mikel do for the 2020-21 season?

A free agent after his release from Trabzonspor, what options are there for the 33-year-old ex-Nigeria international ahead of the new campaign? ......




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Ghana’s Abedi, Nigeria’s Okocha and Liberia’s Weah picked as ultimate role models

The African football legends provided inspiration for many during their playing days ......




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Simba SC's Athumani ready for action as Pazi defends Manula for conceding long shots

The Wekundu wa Msimbazi winger has been out for a considerable period as he was injured during international duty for the Taifa Stars ......




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KZN couple stabbed multiple times during house robbery

Police are investigating a house robbery in which a couple in Amanzimtoti, on the south coast of KwaZulu-Natal, believed to be in their 50s was stabbed. ......




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'Let's make the difficult decision & hand Kaizer Chiefs the title' - Radebe

Opinion on the way forward regarding the fate of the PSL campaign is still divided and the Amakhosi legend has weighed in with his views ......




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Store workers become enforcers of social distancing rules

Sandy Jensen's customer-service job at a Sam's Club in Fullerton, California, normally involves checking member ID cards at the door and answering questions. But the coronavirus has turned her into a kind of store sheriff.




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EIOPA Guidance on Cloud Outsourcing – July 2019

What is EIOPA? What is the purpose of the Guidelines? Who do they apply to? On 1 July 2019, the European Insurance and Occupational Pensions Authority (“EIOPA”) published its consultation paper1 (the “<...




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UK Pensions speedbrief - Pensions Regulator publishes details of first enforcement action for auto-enrolment non-compliance

Pensions Regulator publishes details of first enforcement action for auto-enrolment non-compliance The Pensions Regulator has published its first section 89 report relating to breaches of the aut...




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Consultation begins on Sentencing Guidelines for Food Safety and Hygiene offences

“We want to ensure that these crimes don’t pay.” Michael Caplan QC, Sentencing Council Member In an era where price fixing and anti-competitive practices attract fines measured in billions, the disparity associated with sentencin...




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Amendments to food labelling regulations: More information requirements for labels and new methods of presentation

Starting 13 December 2014, businesses will be required to comply with the great majority of the rules set forth in the EU’s Food Information Regulation (1169/2011). The Regulation went into force on 12 December 2011 but provided for a long, 3-...




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Dutch regulator decides ‘Chicken of Tomorrow’ falls foul of competition law

The Netherlands Authority for Consumers and Markets (the “ACM”) has ruled that arrangments concerning a new form of sustainably reared chicken, known as the ‘Chicken of Tomorrow’, which lead to other forms of chicken being re...




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Contractual Advantage: New Rules of Agricultural and Food Product Trade

The Act of 15 December 2016 on Counteracting Unfair Use of Contractual Advantage in Trade of Agricultural and Food Products came into force and effect on 12 July 2017. The law confers additional powers on the President of the Office of Competition a...




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Commodities bulletin: Dairy

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Environment, Food & Rural Affairs Committee report – Regulation of the water industry

The EFRA Select Committee’s report into regulation of the water sector was published on 9 October 2018. Its key conclusions & recommendations are outlined below. Water transfers Water transfers should play an important role in increasing s...




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Could shareholders inadvertently cancel their Shareholders Agreement?

Following the judgment in De Freitas v Chamdor Meat Packers [2015] JOL 33940 (GJ), when a company proposes to its shareholders the adoption of a new Memorandum of Incorporation, the shareholders should carefully consider the provisions of the new Me...




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Tightening the Rules of Backdoor Listings

In recent years, there have been growing concerns over backdoor listings and shell activities in Hong Kong as a result of which new businesses have been able to be listed without going through the listing requirements contained in the Rules Gover...




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Coronavirus – Authorities respond to reporting difficulties - UK

Companies are facing difficult times with reporting, audits and meetings in view of the COVID-19  outbreak. In this update we take a look at the measures that have been announced this week to assist companies. Whilst we are seeing some creative...




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Coronavirus - Special corporate governance rules - Hungary

On 10 April 2020, a Government Decree was issued that prescribes the application of different company law rules as part of the government’s Economic Protection Action Plan. This adds new opportunities for corporate decision-making to mitigate ...




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Community Infrastructure Levy: Removal of Regulation 123

The Community Infrastructure Levy (Amendment) (England) (No. 2) Regulations 2019 are due to come into force on 1 September 2019. The 2019 Regulations were introduced by the Government earlier this year, alongside their response to the technical cons...




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The regulatory positions of OTT - a global view

Part 4 of 4 Compared to the rest of the world, OTT regulation is fairly advanced in Europe and subject to a completely different approach in Africa and Middle East. It seems that in this part of the world, OTT services are commonly banned to protect...




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Open Consultation – UK Implementation of the European Electronic Communications Code

Precis The Department for Digital, Culture, Media & Sport (“DCMS”) have opened a consultation[1] which seeks stakeholder’s views on the proposed approach to the implementation of the European Electronic Communications Code Dire...




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Changes on the horizon in 2020: China and Hong Kong’s proposed reforms to data protection, cyber security and Internet content regulation

2020 looks set to be a significant year for privacy, cyber security and Internet content reforms in China and Hong Kong. On 20 December 2019, the Cyberspace Administration of China released the “Regulation on Governance of Internet Information...




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Local Government Briefing Note 3 of 2013 - State Aid: Proposed Reform of the Enabling Regulation

The European Commission has announced proposals to amend the Enabling Regulation adopted in 1998. This forms part of the EC’s State Aid Modernisation Initiative. It will allow the EC to focus on larger more...




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Local Government Briefing Note 6 of 2013 - State Aid Modernisation: proposed amendments to the Enabling and the Procedural Regulations

The European Commission (the "EC") presented two proposals on 5 December 2012, as part of its State Aid Modernisation initiative. The proposals will include amendments to two key State aid instruments, the Enabling Regulation and...




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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 Public Sector Pensions Speedbrief: All a-Board! Final LGPS governance regulations issued

The Local Government Pension Scheme (Amendment)(Governance) Regulations 2015 were laid before Parliament on 28 January 2015.  Issued under the Public Service Pensions Act 2013, these...




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The Public Law Duty to Consult

Key Principles The public law duty to consult is one aspect of the principle that public authorities should exercise fairness in the exercise of their functions. Where the duty to consult is imposed by statute, then the procedure to be adopted is al...




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Successful judicial review challenge against Council’s home to school transport policy which was held to be indirectly discriminatory

In R (on the application of Diocese of Menevia and others) v Swansea City and County Council1 (“the Council”), the Administrative Court was required to consider whether a change in policy made by the Council in respect of school transpor...




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UPC Preparatory Committee launches fees consultation

The Preparatory Committee for the Unified Patent Court (“UPC”) has published a consultation document providing the proposed fee structure of the UPC, a table of court fees, and details of the ceilings for recoverable costs. The consultat...




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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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Safe Harbor ruled INVALID

The Court of Justice of the European Union (“CJEU”) publishes its ruling (the “Ruling”) on Maximillian Schrems v Data Protection Commissioner (the “Case”)   The Ruling in summary This morning (6 October 2015)...




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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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The Treasury report on crypto-assets: the first step towards crypto regulation?

The UK's Treasury Select Committee released a report into crypto-assets on 19 September.  The Committee’s key conclusion is that regulation of crypto-assets is necessary. Striking a negative tone, it identifies the problems of volatile pr...




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Shipping: York Antwerp Rules 2016

A new set of rules, the York Antwerp Rules 2016 (the “YAR 2016”) has been adopted by the Comité Maritime International.  They are based on the previous versions of the York Antwerp Rules (the “YAR”) with some nota...




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Rail regulation: ORR concludes its initial consultation on the 2018 Periodic Review of Network Rail

Background - The 2018 Periodic Review The Office of Rail and Road (“ORR”) has recently published its conclusions (the “Conclusions”) following its initial consultation in relation to the creation of the 2018 Periodic Review ...




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UK: Regulation of Network Rail: An update on ORR’s PR18 framework consultation, “Overall framework for regulating Network Rail: A PR18 Consultation – July 2017”

What is the purpose of the Consultation? The Office of Rail and Road (the “ORR”) is engaged in the 2018 regulatory review of Network Rail, known as the 2018 Periodic Review or “PR18”. PR18 will determine what Network Rail mus...




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PR18 consultation on charges recovering fixed network costs

Background As part of the 2018 periodic review (“PR18”) of Network Rail, the Office of Rail and Road (“ORR”) is reviewing the way in which the charges that operators pay to access the rail network are calculated. This review ...




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ORR opens consultation on changes to complaints handling

Background The Office for Rail and Road (“ORR”) has opened a consultation on its proposals to introduce a voluntary binding Alternative Dispute Resolution (“ADR”) scheme for the resolution of consumer complaints in the rail s...




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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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Update: The Competition and Markets Authority’s consultation on proposed guidance for the evaluation of competition issues in passenger rail franchise awards

Background The Competition and Markets Authority (“CMA”) has recently published draft guidance on its approach to assessing rail franchise awards under its merger control powers (the “Draft Guidance”)1. The guidance has been ...




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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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Consultation on the passenger rail public service obligation levy

Background Following the recommendations of the Competition and Markets Authority (“CMA”), the Department for Transport (“DfT”) ran a consultation seeking views on the introduction of a “public service obligation levy&r...




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Regulation of Network Rail - ORR publishes its final determination for CP6

Background The Office of Rail and Road (the “ORR”) has issued its final determination (“Final Determination”) on the regulatory review of Network Rail (“NR”), known as the 2018 Periodic Review (“PR18”)...




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Progress towards recast Regulations to strengthen rail passengers' rights

On 2 December 2019, the European Council agreed to update Regulation 1371/2007 (the “Regulation”) on rail passengers’ rights and obligations. The proposed amendments to the Regulation aim to strengthen the rights of passengers wher...