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The 12 employment cases of 2014

  Before 2014 is consigned to history and 2015 presents a new set of employment law challenges, it is timely to reflect on the year?s significant cases. We have identified 12 cases which developed the law and potentially changed HR policies an...




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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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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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The Impact of sustainability on the food and beverage sector new report launch

We are delighted to share with you our latest Consumer sector Thought Leadership report ‘Reshaping your business: The impact of sustainability on the food and beverage sector’. In this latest report we focus on the environmental aspects ...




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Opposition to Trump Unites Democrats Behind Biden

Pressure from progressives for more expansive government assistance programs, especially now during the COVID pandemic, along with concerns over a recent sexual assault allegation and a challenge from a third-party candidate, threaten to fracture that unified support




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Brexit update: implications for the UK capital markets regime

The UK Government’s firm intention is that the UK will leave the European Union at 11 pm on 31 January 2020. As part of the withdrawal agreement setting out the terms of the UK’s exit (Withdrawal Agreement), the EU and the UK have agree...




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Coronavirus - Update for UK companies - UK

Year end reporting and filing accounts Year end reporting and audit As a reminder, the Financial Reporting Council (FRC) published advice to all companies and auditors in February on COVID-19 related risk disclosures in year-...




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Coronavirus - Impact on AGMs and other matters for traded companies – UK

For listed and traded UK companies with a 31 December year end, the COVID-19 pandemic and the potential  for further tightening of restrictions on gatherings and travel in the UK raise particular issues as they enter into reporting and AGM seas...




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Coronavirus - Overview of the impacts of the lockdown in Mauritius Part II - Employment law considerations

Employment law considerations Whilst considering the health and safety recommendations implemented by the Government, the Occupational Safety and Health Act 2005 (OSHA), also establishes legal principles guiding employers and employees in dealing wi...




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Coronavirus - Impact on working capital and fundraising options - UK

Background The ongoing coronavirus pandemic is a public health crisis which has quickly developed into a deep economic crisis. Many businesses, particularly those in the retail, leisure and hospitality sectors, are facing a complete and indefinite c...




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Coronavirus – Impact on AGMs – Hong Kong

  Discover how coronavirus is impacting AGMs for Hong Kong listed companies with this COVID-19 briefing from global law firm Eversheds Sutherland With the recent surge in the number of coronavirus disease 2019 cases in Hong Kong, this has prese...




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Coronavirus - FCA announces additional measures to aid listed companies with fundraisings - UK

Listed companies and recapitalisation issuances The FCA has announced a series of measures aimed to assist companies in raising additional capital in response to the Coronavirus crisis, whilst at the same time aiming to retain appropriate protection...




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Coronavirus - The certainty of change: M&A in a pandemic - Global

Right now M&A activity has been significantly decreased, and the projected numbers for foreign direct investment and Gross Domestic Product in many countries are concerning. However, we must remember that we have been through many crises over th...




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Coronavirus – Podcast: DAC6 implications on corporate reorganisations - Global

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Coronavirus - Podcast series: M&A and COVID-19 - Global

We have produced a series of podcasts looking at how COVID-19 has impacted the M&A market with discussions around key issues including technology, pricing and insolvency. Episode 1: Lessons from 2008 In Episode 1 our Corporate Partners ...




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UK Government announces legislation for implementation of a UK digital service tax from April 2020

Speed brief: On 11 July 2019, the UK Government published legislation confirming its intention to introduce a digital services tax (DST). The key features of this DST are as follows: • 2% tax on revenues (not profit) generated from UK users &bu...




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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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Challenging IT resilience – some key lessons Bates & Ors v Post Office Limited (No. 6) [2019] EWHC 3408 (QB)

  The much anticipated sixth judgment (“the Horizon Judgment”) in the long-running group litigation against the Post Office (“POL”) brought by some 550 current and former sub-postmasters (“the Group Action”),...




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Local Government Briefing Note 39 of 2012: Registered Providers to face longer, more complicated and more expensive claims?

Registered Providers to face longer, more complicated and more expensive claims? The Legal Aid, Sentencing and Punishment of Offenders Act 2012 ("LAPSO") LAPSO received Royal Assent on 1 May 2012 and will come into force on 1 April 2013. It will hav...




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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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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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X -v- Northampton Borough Council

Remember to Comply with the Health & Safety Executive Guidance Introduction The High Court (Queen's Bench Division) recently handed down judgment in the case of X v Northampton BC. The judgment is a reminder that a failure to comply with guidanc...




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Is the UK fashion sector anti-competitive? Competition and Markets Authority investigation launched

Competition Law E-Briefing: Fashion sector competition probe On Tuesday 24 March 2015, the UK’s competition regulator, the Competition and Markets Authority (the “CMA”), opened an investigation into suspected anti-competitive arrangements in the UK ...




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UK: Internationally mobile employees – Changes to Taxation of Share Awards

The UK is changing the way in which it taxes share options and share awards held by employees who move between countries. Some employees will gain and some employees will lose. As an employer, if you have employees on assignment from overseas or you...




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Closing the GAP: Guaranteed Asset Protection insurance - competition remedy

New rules in the FCA’s policy statement on Guaranteed Asset Protection (GAP) insurance (PS15/13) are about to change the way GAP insurance sold alongside the sale of a motor vehicle (add-on GAP Insurance) is sold to both consumers and commerci...




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French Competition Authority puts model agencies’ price-fixing practices in the spotlight

On 29 September 2016, the French Competition Authority (l’Autorité de la concurrence - the “Autorité”) imposed a fine of EUR 2.4 million on 37 model agencies and their main trade association, the SYNAM, in relation to...




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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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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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German competition authority issues guidance paper on resale price maintenance in the retail food sector

In July 2017, the German Federal Cartel Office (“FCO”) published a detailed guidance paper (the “Guidance Paper”) on resale price maintenance (“RPM”) in the retail food sector. The purpose of the paper is to expl...




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Coronavirus - Block Exemption for the Retail Property Sector – South Africa

The Covid-19 Block Exemption for the Retail Property Sector (the “Regulations”) were published on 24 March 2020 in response to the declaration of the National State of Disaster. The Regulations exempt certain agreements or practices with...




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The impact of foreign limitation law on English shipping cases

The Foreign Limitation Periods Act 1984 (the “Act”) sets out the procedure to be followed when a claim is proceeding in the courts of England and Wales and the laws of any other country apply. Given the international nature of the shipping industry,...




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Are 261/2004 claims redundant? -impact of the Consumer Rights Act 2015

Following the outcome of a Government consultation paper, the full force of the Consumer Rights Act 2015 (CRA) will apply to the aviation sector as from the 1 October 2016. The result could lead to compensation being paid up to the price of the air ...




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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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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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Data Privacy Implications of the use of CCTV Footage in the press

On 16 April 2019, a controversial 16-minute video containing footage of a what is believed to be a taxi journey taken by two Hong Kong celebrities, Andy Hui Chi-on and Jacqueline Wong, was published on the website of a local newspaper. This publicat...




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Shining a light on what “necessity” means for GDPR & tightening up “contract” as a lawful processing ground in the context of “online services”

The European Data Protection Board (EDPB) has published a set of guidelines (in draft) for public consultation. These will be absolutely key to providers of online services, such as social media, e-commerce, internet search engines, communication an...




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Update: Advocate General advises that the validity of standard contractual clauses is not affected by complaints made in Schrems II

What do I need to know? On Thursday 19 December, Advocate General Saugmandsgaard Øe published his Opinion in Full Article



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When does private no longer mean private? Implications of a challenge to the SFC’s accessing of digital devices in an investigation

The Hong Kong Court has recently confirmed the Securities and Futures Commission (“SFC”)’s powers to seize, search and compel access to digital devices rejecting challenges to such powers based on privacy grounds. Data privacy is a...




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Coronavirus - Protecting your company and brand - Global

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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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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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UK competition regime set to become stricter and more burdensome for businesses post-Brexit

The UK’s departure from the EU is set to lead to a significant change to the UK’s overall approach to competition law. Currently, the UK is required to retain close alignment with EU competition law, which includes respecting the Europea...




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UK Competition law – Is it fit for the digital economy?

With the rapid growth of the digital economy, a number of competition authorities, as well as governments1 are in the process of assessing whether their competition enforcement tools are fit for the digital economy. In the UK, the Government commiss...




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First fine imposed for obstructing CMA inspection

On 20 March 2019 the Competition and Markets Authority (‘CMA’)  imposed a fine  of £25,000  on the guitar supplier Fender Musical Instruments Europe Limited (‘Fender Europe’) for failure to comply with a ...




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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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Internal Monitoring - The Legislator reverts to the issue of antitrust compliance

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FCA’s Market Study into General Insurance Pricing Practices: Pricing interventions proposed to tackle competition concerns

The FCA has published its interim report in relation to its market study into how general insurance firms charge their customers for home and motor insurance (Interim Report). The FCA has provisionally found that the market is not working well for ...