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Land agreements and competition law from April 2011

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Lawbite: When a business tenancy “ought not” to be renewed

Youssefi v Mussellwhite [2014] EWCA Civ 885 Horne & Meredith Properties Ltd v Cox [2014] All ER (D) 194 These two cases concern opposition to lease renewals on the grounds of the tenant’s breach of covenant (“grounds (a), (b) and (c)...




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Lawbite: Tenancy deposit scheme and pre-2007 tenancies

Charalambous and another v Ng and another [2014] EWCA Civ 1604 The courts continue to produce surprising decisions in relation to the tenancy deposit scheme introduced by the Housing Act 2004, applying it in certain respects to tenancies granted bef...




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Top tips for avoiding clawback of European funding in procurements

The European Commission has recently published its Public Procurement Guidance for Practitioners on the avoidance of the most common errors in projects funded by the European Structural and Investment Funds ("the Guide"). We have helped...




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Brexit - How this will impact on UK Procurement Law

In the wake of Brexit, the extent to...




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Brexit – State aid and public procurement law update

Introduction – Where are we now? In our original Full Article



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The risk of fishing expeditions in the context of public procurement law challenges: a price worth paying to ensure transparency and equality of treatment? (Bombardier v Merseytravel)

Introduction In a recent judgment on an application to vary consent orders relating to the establishment of a confidentiality ring (Bombardier Transportation UK Limited v Merseytravel [2017] EWHC 726 (TCC)), the court decided that despite some conce...




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Public procurement case law update: The need to clarify the consequences of failing to meet an award criterion

MLS (Overseas) Limited v The Secretary of State for Defence [2017] EWHC 3389 (TCC) Summary In a recent judgment following a challenge to a competitive procurement process run by the Ministry of Defence (“MoD”) (MLS (Overseas) Limited v T...




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Will new laws make public procurement more business friendly?

Witold Slawinski, head of tech & industrial engineering practice, authored an article for AmCham Quarterly. It is devoted to the recent changes to the Polish public procurement law. Read the full article >...




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12 Eversheds Sutherland lawyers make WTR’s “World’s Leading Trademark Professionals” List

Eversheds Sutherland is pleased to announce that 12 IP lawyers from our global practice have been recognized in the 2020 World Trademark Review’s “World’s Leading Trademark Professionals” list. Now in its tenth year, the WTR ...




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Student contracts and consumer law compliance

Higher education providers and further education colleges have continued to face close scrutiny of their student contracts and accommodation contracts for compliance with consumer and contract law. ...




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Charity law for educational institutions

In this session we will cover key charity issues for institutions including:...




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Austrian employment law training

Although there are similarities, it is dangerous to consider the German and Austrian employment law systems to be one and the same. Austrian law is distinct in many ways, most importantly in relation to probationary periods, the termination of emplo...




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European HR: cross-border employment law

This course considers strategic and practical issues that international HR professionals encounter, from methods to cut costs and improve business performance to contract and policy issues. We explain when HR and legal can support managers’ desire ...




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Nordic (Denmark, Finland, Norway and Sweden) employment law training

This Nordic employment training course covers, in turn, an introduction to the employment law systems of Denmark, Sweden, Finland and Norway. We will also share the experience we have gained in assisting clients with their operations in the Nordic r...




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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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IHC HR e-briefing 106: the coalition - prospects for employment law?

The Conservative and Liberal Democrat Coalition Agreement provides some clues as to the future development of employment law under the new Government. The seven page document is an interim agreement and will be followed "in due course" by a final Co...




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IHC HR e-briefing 120 - Legal professional privilege and in-house lawyers: EU declines to extend the scope

Those in legal practice are all too aware of the benefits but also the limitations of legal professional privilege, none more so than lawyers working in-house. Where such protection arises in the context of UK practice is reasonably well settled. Ho...




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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 129 - Court of Appeal decides collective redundancy consultation law is unclear

The Court of Appeal has today cast doubt on existing domestic case-law on when the obligation to consult begins under section 188 TULRCA and the EU Collective Redundancies Directive. Having considered two opposing views as to when consultation begin...




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Lawbite: The retail CVA – Lessons from the Debenhams case

(1) Discovery (Northampton) Limited (2) Discovery (Nuneaton) Limited (3) Southampton Estates Limited (4) Discovery (Torquay) Limited (5) Discovery (Folkestone) Limited (6) Discovery (Harrogate) Limited v Debenhams Retail Limited (2) James Robert Tuc...




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Lawbite: What is the intention?

London Kendal Street No.3 Limited v Daejan Investments Limited (County Court) Earlier this summer the County Court at Central London issued the first decided case to apply the test given in the Supreme Court case of S Franses Ltd v Cavendish Hotel (...




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Lawbite: You’ve got mail

Neocleous v Rees [2019] EWHC 2462 (Ch) Where a contract was formed over a series of emails and involved the transfer of an interest in land the automatic sign off on the solicitor’s email was enough to mean the document was “signed&rdquo...




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Lawbite: Keep your ear to the ground

In the matter of an application by (1) Gary Owen (2) Heather Lynn Richards [2019] UKUT 171 (LC) A recent Upper Tribunal case highlights the importance of ensuring that applications to modify or discharge restrictive covenants are made on the correct...




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Lawbite: The dangers of a wild goose chase

Canada Goose UK retail Ltd and James Hayton v Persons Unknown (1) and People for the Ethical Treatment of Animals (PETA) Foundation (2) 2019 EWHC 2459 Clothing retailer Canada Goose (“CG”) recently failed to persuade the Court that it sh...




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Lawbite: Occupiers, Occupation and the imposition of rights under the Electronic Communications Code

Cornerstone Telecommunications Infrastructure Limited v Compton Beauchamp Estates Limited [2019] EWCA Civ 1755 The Court of Appeal’s judgement is the latest decision concerning the Code and the first appeal heard concerning the Electr...




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Lawbite: A game of two halves for the Chelsea injunction

Chelsea Football Club –v- Hardiman [2019] 10 WLUK 100 Chelsea had taken action to prevent an alleged ticket tout from selling tickets to football matches at the Chelsea ground.  It applied to court to continue the injunction which it had ...




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Lawbite: The broken rating system

The Treasury Select Committee’s report highlights the recent calls for meaningful reform to the business rates system.  The concerns have been growing, culminating most recently in a letter signed by over 50 retail bosses to the Chancello...




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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: Changing with the times – refusing consent to residential use

Sequent Nominees Ltd (formerly Rotrust Nominees Ltd) v Hautford Ltd [2019] UKSC 47 The Supreme Court has overturned the decision of the two lower courts and held that a landlord was reasonable to withhold its consent to the tenant’s applicatio...




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Lawbite: Landlords’ duties to occupiers

Essex County Council, Havering College of Further and Higher Education, The Governing Body of Sawyers Hall College v Davies and others [2019] EWHC 3443 A recent High Court case has reaffirmed the well-established rule that a landlord does not owe a ...




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Lawbite: Injunctions – the ‘intention’ is clear

CUADRILLA BOWLAND LIMITED & ORS (Claimants/Respondents) v (1-3) PERSONS UNKNOWN (Defendants) & (1) KATRINA LAWRIE (2) LEE WALSH (3) CHRISTOPHER WILSON (Appellants/Respondents to Committal Applications) [2020] EWCA Civ 9. The Court of Appeal ...




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Lawbite: CVAs – revocable after termination?

(1) Edward Williams (2) Christine Mary Laverty v Carraway Guildford (Nominee A) Ltd & 19 Ors [2019] EWHC 3073 (Ch) The High Court recently refused to strike out a challenge to Regis UK Limited’s CVA despite the CVA having been terminated b...




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Lawbite: Trust me, a charity you are not!

Derby Technology Hospitals NHS Foundation Trust and others v Derby City Council and others [2019] EWHC 3436 (Ch) The High Court has held that NHS Foundation Trusts are not charities for business rates’ purposes and are therefore not entitled t...




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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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Lawbite: The Lease Renewal Pilot Scheme in practice

Eventuate Capital Ltd v Grosvenor Estate Belgravia (E02CL652) The County Court and First-tier Tribunal Unopposed Business Lease Renewal Pilot Scheme has been in place for over 2 years but very few cases have, as yet, proceeded to trial. In one of th...




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Lawbite: You seem to have overlooked my privacy…

Giles Duncan Fearn (2) Gerald Kraftman (3) Ian McFadyen (4) Helen Claire McFadyen (5) Lindsay Urquhart v The Board of Trustees of the Tate Gallery [2020] EWCA Civ 104 The Court of Appeal has dismissed an appeal made by residents of luxury glass-fron...




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Lawbite: Court of Appeal saves defective statutory notices

Nigel Crighton Pease v Jeffrey William Carter and Louise Mary Carter [2020] EWCA Civ 175 A recent Court of Appeal decision found that notices of proceedings for possession under s.8 of the Housing Act 1988 were valid despite an error in a key date ...




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Coronavirus – Tenancy law – Austria

In Austria, the Civil Code provides in its Sections 1104 and 1105 ABGB for total or partial exemptions from existing rent payment obligations for tenants in the case that the leased property is unusable due to epidemics. When is a complete rent exe...




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Court of Appeal finds that injunctions against “persons unknown” can (i) be framed by reference to a defendant’s intention and (ii) prohibit lawful conduct

Cuadrilla Bowland Ltd & Ors v Persons Unknown & Ors [2020] EWCA Civ 9 Background In Boyd v Ineos Upstream Ltd...




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Coronavirus - Compliance risks for companies under the Infection Protection Law - Germany

I. Introduction The Covid-19 pandemic poses new challenges to society as a whole and to each individual. The rapid spread of the virus is currently prompting political decision-makers to react just as quickly by developing and adopting new measures...




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Coronavirus law and corporate liability

The past weeks have seen several pieces of key UK legislation enacted with almost unprecedented speed, as the government and Parliament sought to deal with the rapidly escalating coronavirus pandemic. The Coronavirus Act 2020 received Royal Assent o...




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Lawbite: Trespassers can still be evicted – possession proceedings during the Coronavirus pandemic

Practice Direction 51Z: Stay of possession proceedings, Coronavirus The Coronavirus pandemic is having an effect on all areas of our lives, including the property world. Following Government announcements last month Practice Direction (‘PD&rs...




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More Bucks than Fizz, the Law Commission's SAR reform report

Zia Ullah, Head of the Firm’s Corporate Crime & Investigations practice, and Ruth Paley, Of Counsel, take a look at the Law Commission’s report into SARs reform published this morning, and consider the implications for the regulated ...




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AML compliance burden on UK financial institutions intensifies as new rules on third country local law conflicts bite

As additional EU rules come into force requiring UK credit and financial institutions with branches and subsidiaries in third countries to identify local law conflicts with group-wide AML policies and procedures, Zia Ullah and Ruth Paley of Evershed...




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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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Guards Drag Pro-Democracy Lawmakers From Hong Kong Legislature

The guards were acting at the behest of a pro-Beijing politician whose authority to order their removal has been questioned.




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Cambodian Police to Ease Crackdown on Traffic Law Violators Amid Coronavirus

New law requiring vehicles to have license plates led to traffic fine bonanza.




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The law for crypto-asset custody

James Burnie throws light on the law for the custody of crypto-assets in this exclusive interview with New Money Review. Click here to read the article > This article was written and published by New Money Review Staff on November 25, 2019....