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Coronavirus - Litigation during lockdown – South Africa

Litigation can continue during lockdown – subject to certain provisons contained in the directions (“the Directions”) published by the Minister of Justice and Correctional Services, in Government Gazette – No 11066 on 26 Marc...




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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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Protecting companies from Coronavirus crime and fraud

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...




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Coronavirus - Webinar - Listen again - In-depth insights and practical advice regarding Force Majeure, Frustration and reconsidering Commercial Contracts – UK

Listen as our panel answer some of the most common questions clients have asked us over recent weeks as well as digging into more detail around how your business should proceed with specific legal and technical challenges. A recording of the session...




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Coronavirus (Scotland) Act (“the Bill”): Protection from Irritancy

In light of the Covid-19 outbreak both the UK and the Scottish Government have introduced measures to give both private and business tenants temporary protection from eviction and irritancy. Of particular interest for businesses is the extension of ...




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Coronavirus (Scotland) Act (“the Bill”): Protection from Irritancy

In light of the Covid-19 outbreak both the UK and the Scottish Government have introduced measures to give both private and business tenants temporary protection from eviction and irritancy. Of particular interest for businesses is the extension of ...




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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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How the coronavirus pandemic will affect the Serious Fraud Office

It is becoming abundantly clear that the world as we know it will never be the same after the global coronavirus pandemic given the impact it has already had upon our daily lives, families, communities and the global economy. People have been forced...




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Coronavirus – Functioning of courts: impact of COVID-19 on procedural time limits and functioning of courts in the Russian Federation - Russia

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...




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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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New Certificate required for the Lockdown Extension

Businesses seeking exemption to perform essential services have previously had to register on the government’s BizPortal website, but their current certificates are no longer valid as the initial 21-day lockdown period for which they applied, ...




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Coronavirus - Work related deaths - UK

Sarah Valentine, Assistant Coroner in Inner South London and Senior Associate at Eversheds Sutherland, discusses the duty to report to the Health and Safety Executive (HSE) and the Coroner. She considers what is the reporting threshold and is there ...




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Coronavirus - Podcast series: Environment, Health and Safety (EHS) team address questions about COVID19 - UK

Episode 4 - COVID-19 webinar - When does a pandemic crisis spell disaster? - May 4 Listen to the replay of Eversheds Sutherland's episode 4 podcast providing guidance on at what stage does the pandemic crisis spell disaster. Reputations will be ma...




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Coronavirus – FCA issues further guidance on complaints handling during the lockdown - UK

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...




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Update (3): Parents' Righs to Care and Contact their Children during Lockdown Level 4

On 23 April 2020, the President announced that from 1 May 2020, lockdown would be extended at level 4 – which provides for reduced restrictions. On 29 April 2020, the Minister of Cooperative Governance and Traditional Affairs, published and is...




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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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Coronavirus - How to use fraud prevention controls to protect your business from scams – Global

Since the outbreak of  the coronavirus pandemic just a few months ago, unfortunately we have seen a continuous rise in coronavirus related frauds targeting individuals, businesses and health authorities. Recent estimates suggest that already ov...




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Financial crime systems and controls during coronavirus situation

As the FCA publishes new information on financial crime expectations for firms’ systems and controls during the coronavirus crisis, Ruth Paley and Hayley Astles of Eversheds Sutherland take a look at the key points for regulated firms to note....




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Procurement Briefing Issue 1 2006 - The new procurement Directives

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EU public procurement directives update

Parliamentary approval delayed to 2014 Provisional agreement between the EU Council, Commission and Parliament was reached back in July 2013 on the draft text of three new EU public procurement directives but these draft directives are still awaitin...




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New EU Procurement Directives coming into force

A quick update on the progress of the new Directives. It is anticipated they will be published in the Official Journal of the European Union on 28 March 2014, meaning that they will then come into force on 17 April 2014. Following the Directives com...




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Ryanair chief says Brexit threat to UK-EU flights increasing

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Coronavirus - Managing the health of your M&A transactions - UK

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...




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Coronavirus – M&A transactions part 1 – Germany

  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...




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Coronavirus – M&A transactions part 2 – Germany

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...




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EU Allows China to Edit Op-Ed Article, Removing Mention of Virus Origins

The EU's ambassador made a 'mistake' in giving the go-ahead for the censorship, officials say.




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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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Cybersecurity Firm Links Chinese Group to Cyber Espionage in Southeast Asia

Hackers used Aria-body, an intrusive new tool, to attack computers in Thailand, Indonesia, the Philippines, Vietnam, Myanmar and Brunei, report says.




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Coronavirus – Judicial reorganization – Belgium

Temporary protection against creditors In these uncertain times, companies are confronted with a severe decline in their turnover, often resulting in cash-flow problems. Through the judicial reorganization procedure, these companies can apply for te...




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Coronavirus – Debtor shortcomings – Belgium

Even in COVID-19 times, companies (and their directors) should not unnecessarily jeopardise the rights of their creditors and the continuity of their activities. Think about paying dividends, and making unnecessary costs, despite the financial probl...




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Coronavirus - Accelerated M&A transactions; a guide for sellers and buyers - Global

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...




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Coronavirus – Ongoing agreements in judicial reorganization – Belgium

In these uncertain times, there is a good chance that your company will be confronted with a contracting party that is in the process of judicial reorganization, or that you have initiated this procedure yourself. What are the consequences of this p...




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Coronavirus - Director's liability during COVID-19 – Belgium

Belgian company law is characterized by an internal and external liability of directors. Internal liability means that directors are liable to the company for any errors committed in the performance of their duties. External liability, on the other ...




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Illiquid Assets - New FCA rules (PS19/24) and “Dear Chair” Letter

Introduction The FCA published its Policy Statement (PS19/24) in relation to illiquid assets and open-ended funds on 30 September 2019. The statement responds to feedback provided in response to Consultation Paper (CP18/27) and settles on a final sl...




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Navigating compliance - The Shareholder Rights Directive II: impact on non-EU intermediaries

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Coronavirus - Additional legal protections for residential and commercial tenants in England and Wales - UK

In addition to the FCA’s recent guidance (see our note summarising the main points here) on payment holidays and repossession actions addressed to mortgage lenders, mortgage administrators, home purchase providers and home purc...




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Coronavirus - Insurance Claims: Covid-19 Protocol - UK

In these extraordinary times a number of insurers and “claimant” law firms have agreed a protocol that should avoid unnecessary procedural problems. The full and commendably concise text can be found here. In summary, signatories t...




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Coronavirus - EU Commission guidelines: Is compensation payable when flights are cancelled - EU

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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First Phase of Licensing Act 2003 Reforms Come into Effect

The 25th April 2012 marked the implementation of the first  phase of amendments to the Licensing Act 2003 (‘the Licensing Act’) ...




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Coronavirus - South Africa’s Mining and Natural Resources Sector is resilient and can survive Covid-19

On 15 March 2020, following the announcement by President Ramaphosa regarding South Africa’s precautionary measures that must be put in place to prevent the contraction and spread of COVID-19, South Africans came face to face with the stark re...




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Easements, covenants and profits à prendre: reform is in the air

The Law Commission has published a consultation paper proposing wide-ranging reforms to the law governing easements, covenants and profits à prendre. The changes suggested by the Law Commission include: the creation of a single new method ...




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Tenants’ rights of first refusal

The Landlord and Tenant Act 1987 grants tenants of flats a right of first refusal if the landlord wishes to dispose of its interest in the whole or part of 'a building'. In a decision that is hugely significant for the increasing numbers of landowne...




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Affordable housing construction briefing: the Remedies Directive

How important is public procurement to the public sector? Many contracting bodies incur more expenditure each year on externally provided works, services and supplies than they do on their own workforce, but focus typicall...




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Coronavirus – Impact on outsourced services due to implementing work-from-home arrangements - Global

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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Preparing for the first 48 hours of a fatal accident

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Confirmation of the new balance of probabilities test for suicide conclusions in Inquests

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Environmental Compliance – key dates for 2019 / 2020

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Environmental newsletter, Edition 1 - South Africa

Welcome to the first edition of the Eversheds Sutherland (South Africa) Environmental Newsletter South Africa’s Environmental Laws are extremely complex, despite the implementation of the “one environmental system”, and compliance ...




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Waste exclusion regulations, 2018 - Moving towards a circular economy

Introduction A circular economy is an economic system characterised by the trading of products and services in closed loops or cycles. The system is designed to be regenerative insofar as it aims to retain as much value as possible from used product...




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Department of Environmental Affairs | Requirement to submit a report generated by the national web based environmental screening tool

Introduction On 5 July 2019, the Minister of Environment, Forestry and Fisheries, Barbara Dallas Creecy, published a notice requiring that when submitting an application for environmental authorisation in terms of regulation 19 and regulation 21 of ...