Does the transferor need to be the employer? This may sound a strange question in abstract but, in the context of group companies, can be a highly relevant issue to the Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE). In...

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...

New draft legislation may adversely impact on commercial arrangements which have been put in place by employers to reward and/or incentivise employees or which employers may wish to use in the future. The new legislation relates to 'Disguised Remune...

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...

The Supreme Court has issued an important decision which considers whether land can be registered as a town or village green where that land has been acquired by a statutory undertaker and is held for purposes that are inconsistent with the use of t...

Summary The High Court has recently handed down its judgment in R (Critchley) v Financial Ombudsman Service and two others [2019] EWHC 3036 (Admin).  The applicant, Mrs Critchley sought to challenge FOS’s rejection of her PPI complaint on...

New dispute resolution service for SMEs Background In March 2018, UK Finance commissioned an independent review into the complaints and alternative dispute resolution landscape for the small and medium sized enterprises market in the UK.  An in...

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]

New dispute resolution service for SMEs In our last Complaint Handing Update, we set out information on a new independent organisation known as The Business Banking Resolution Service (BBRS) w...

The Government issued a consultation paper last week exploring how to improve the annual statement that all occupational and personal pension schemes are required to provide to DC members in order to increase member engagement and understanding. The...

In the latest edition of our "Barker's Dozen" 13-minute pensions podcast series, François Barker and two partners explore the coronavirus outbreak and its implications for UK pensions. We will follow this podcast with a series ...

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...

Protecting companies from Coronavirus crime and fraud Whilst our communities, including the business community, are pulling together like never before to protect the country and the National Health Service from the Coronavirus outbreak, fraudsters a...

By Decree No. 206 On Declaring Non-Working Days in the Russian Federation dated 25 March 2020 ("Decree No. 206") the President of the Russian Federation announced that from 30 March 2020 until 3 April 2020 would be considered non-working days in the...

In response to unprecedented pressures on supply chains, the Department for Transport (DfT) has introduced a temporary relaxation of the enforcement of EU drivers hours and GB drivers’ hours rules in England, Scotland and Wales, initially in p...

On 1 May 2020, the FCA published a statement clarifying its position on complaints handling and offering some relaxation of the rules in light of the practical challenges associated with the COVID-19 pandemic.  The regulator says it will review...

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...

The Office of Foreign Assets Control (OFAC) has encouraged the communication of any OFAC compliance concerns related to COVID-19. As part of this, OFAC has provided the following guidance and contact information. Sanctions Programmes Fact Sheet On 1...

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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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This article examines an alternative to the two predominant purchase price mechanisms used in M&A transactions in South Africa. When applied correctly, it leads to an expedited determination of the final purchase price and allows for flexibility...

Mergers and acquisitions (“M&As”) involving privately held companies in South Africa entail various legal, financial and other issues. Advanced preparation and an understanding of the fundamental practical and legal issues concerned ...

While companies are trying to find ways to ensure health and well-being of their work-force and align those measures with business continuity as usual, it is equally important that deal managers look out for risks associated with the spread of virus...

  Coronavirus: effect on M&A sales process The implementation of sales processes is currently facing particular challenges: bidders are dropping out, financing can no longer be implemented, the business plans of the targets can no longer be...

Coronavirus: withdrawal from the SPA - MAC clauses in the sales contract What is the rule in the USA is rather rare in Germany; so-called Material Adverse Change clauses (or MAC clauses), which grant the buyer a right to withdraw from the purchase...

For companies that are financially stressed or distressed, a sale of the company or its business and assets might be the best exit route for its stakeholders. The desire to exit through a sale is often the preferred method for financial creditors wh...

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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Summary of the communication from the EU commissionInterpretative Guidelines on EU Regulation 261/2004 on passenger rights in the context of the developing situation with Covid-19 - 18 March 2020 Right to choose between reimbursement and rerouting ...

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The parties to a commercial agreement may find that they have assumed contractual obligations that are more onerous than they might appear. The High Court decision in Ryanair Ltd v SR Technics Ireland Ltd illustrates the perils of taking a contract...

In its concern to block tax avoidance, HMRC is planning to make Stamp Duty Land Tax (SDLT) ever more complicated, as two recent consultations show. Residential properties held by companies The first consultation proposes the imposition of SDLT on ...

A guidance note for clients Empty rates As part of its policy to encourage the use and occupation of empty buildings, the Government has introduced the Rating (Empty Properties) Act 2007 (the 2007 Act). Under the 2007 Act, with effect from 1 April ...

A landlord had acted reasonably in refusing consent to an assignment to a newly incorporated company, despite the landlord having the benefit of the previous tenant's covenant. Royal Bank of Scotland plc v Victoria Street (No 3) Ltd concerned a cov...

A simple drafting error in a lease invalidates a contracting–out order. In Newham LBC v Thomas–Van Staden, which has been fully reported only recently, the Court of Appeal has presented us with a curious decision on the effect of a draf...

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As many of us know all too well, the coronavirus pandemic has forced companies and their personnel to shift their operations to a remote, work-from-home (or WFH) environment. This change has had a profound effect on outsourcing providers and their c...

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The Withdrawal Agreement was signed by Boris Johnson on 24 January 2020 and has been ratified by the EU. As part of the Withdrawal Agreement, the UK and the EU have agreed a transition period to provide continuity and certainty while they negotiate ...

The Rivers State Government has asked it's Attorney-General and Commissioner for Justice to auction all vehicles that were impounded for violating the state’s lockdown directive.

Paulinus Nsirim, the state's Commissioner for Information and Communications, in a statement on Thursday, said interested Nigerians should check selected Nigerian newspapers in order to place their bids.

The statement reads, “Government will deal decisively with the residents of these areas if they are found to default again. 

“Anyone parading exemption letters except the one issued by the governor is doing so at his or her own risk as such permits are invalid.

“The Attorney-General and Commissioner for Justice has been directed to auction all vehicles that violated the lockdown order.

“Members of the public who are interested to buy the auctioned vehicles are to watch out for details in The Sun, The Nation and Vanguard Newspapers.”

The stay on debt collection proceedings will end on 22 April 2020. The Federal government adopted emergency law on 16 April 2020, in order to prevent coronavirus-related bankruptcies and the resulting job losses. The “COVID-19 Insolvency Ordin...