In Woods Building Services v Milton Keynes Council [2015] EWHC 2011 (TCC), the High Court upheld a challenge by an unsuccessful bidder (“Woods”) of a tender process undertaken by Milton Keynes Council (the “Council”) on the g...

The biggest overhaul in the history of Poland’s Public Procurement Law entered into force on 28 July 2016. Despite the passage of time, major issues connected with the practical application of the new regulations continue to arise. It can be ...

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...

The 2017 edition of the Getting the Deal Through: Public Procurement is now live. The Polish chapter has been developed by Tomasz Zalewski, head of the public procurement team at Wierzbowski Eversheds Sutherland. The contributing editor of the Guide...

The 2018 edition of the Getting the Deal Through: Public Procurement is now live. The contributing editor of the Guide is Totis Kotsonis, competition lawyer and head of procurement at Eversheds Sutherland. The publication contains expert local insig...

Witold Slawinski, head of our tech & engineering team, contributed to the guide "Public Procurment 2019" - expert local insight into public procurement procedures in 34 jurisdictions, addressing such crucial topics as: legislative framework, app...

The coronavirus outbreak and various responses by authorities across the globe have prompted several amendments to government Intellectual Property Offices (“IPOs”), courts, and in some cases filing deadline extensions. These specia...

With the Prime Minister due to address the nation on the government’s strategy to ease the lockdown on Sunday 10 May 2020, our Health, Safety and Employment clinic returns the following day to focus on the practical application of transitioning a wo...

This session will cover how legal privilege can be used to keep documents and communications confidential and how and when to use without prejudice. An essential guide to confidentiality and avoiding some of the pitfalls in real estate disputes. ...

Two years in, the way OfS is exercising its powers is really starting to shape the sector. The dynamics between an institution and its regulators can be complicated but getting the relationship right is ever more critical for any institution to thri...

The Court of Appeal has today handed down an important decision in the context of age discrimination and criteria for career progression. Endorsing the earlier judgement of the Employment Appeal Tribunal, the Court has found that ...

Default retirement age to be abolished next year The Government has this morning confirmed that it plans to abolish the default retirement age (DRA) next year. The aim is that from 6 April 2011 the statutory retirement procedure in Schedule 6 of th...

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...

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...

The Court of Justice of the European Union (CJEU) has handed down two important judgments on age discrimination this week. The first, on retirement, will be of interest to those employers deciding whether to retain a compulsory retirement age follow...

The Government has today published a response to its public consultation on plans to abolish the default retirement age. Although the regulations by which this will be effected are unlikely to be published for a few weeks, the Government has confirm...

From 6 April 2011 significant changes will be made to the operation of PAYE on both payments made to employees following the termination of their employment and on the engagement of new employees who fail to provide a P45. From that date, employers ...

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...

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...

SARS-CoV-2 ("Corona") The SARS-CoV-2 virus, also referred to as "Corona", has reached Germany with significant effects across all industries. This article aims at answering the specific issues which communities of condominium owners and administrato...

Kavesseri Menon and Beena Menon –v- Nathan Pask and Rosalind Goode (as joint fixed charge Receivers) [2019] EWHC 2611(ch) Summary: The High Court recently provided much needed clarity on the previously unanswered question of whether Receivers ...

Trustees and providers of pension schemes face ever increasing and changing legal duties to have policies on and disclose how they deal with stewardship and environmental, social and governance (ESG) issues. This article pulls the new rules together...

It has been reported that on 27 June 2019, the Supreme Court denied the Government’s request for permission to appeal against the Court of Appeal’s decision in the cases of McCloud and Sargeant regardi...

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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...

With a few exceptions, costs budgeting applies to the majority of part 7 multi-track matters. Once the costs budget is agreed between the parties, approved by the court or a costs management order has been made, what is the position upon an assessme...

The COVID 19 pandemic has brought mental health and wellbeing to the fore in many organisations. These issues have become more prominent across workplaces in recent years but we are now facing unprecedented challenges of supporting distributed workf...

In a resolution published on Thursday, the European Parliament has urged the EU Commission to apply a ‘transparent process’ in formulating revised blacklist of third countries with strategic AML/CFT deficiencies, suggesting an ...

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...

In this briefing from our procurement group, Paul James examines the Advocate General’s opinion regarding the treatment of foreign tenderers. Introduction In accordance with the EC Treaty principles, all potential tenderers in the market mus...

In this briefing from our procurement group, Paul James examines the Advocate General’s opinion regarding the treatment of foreign tenderers. Introduction In accordance with the EC Treaty principles, all potential tenderers in the market mus...

The establishment of more open public procurement systems, that is, procurement systems which offer foreign suppliers access to the award of public contracts on the basis of no less favourable terms than to domestic suppliers, constitutes an essenti...

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...

  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...

Residents must pay in food or cash to help construction of a new hospital in the capital.

An approval would bring the Uyghur Human Rights Policy Act a significant step closer to becoming law.

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

As part of the implementation of the Amending Directive of the Fourth EU Directive on Money Laundering (Directive (EU)2018/843), the German Federal Government has decided to include crypto assets in the list of financial instruments and to regulate ...

On 16 October 2019, the FCA published their feedback statement FS19/6 on Climate Change and Green Finance[1]. This feedback statement summarises the responses from stakeholders to the Discussion Paper (DP18/8) on Climate Change and Green Finance[2] ...

On 18 February 2018, the EU added the Cayman Islands to its list of noncooperative jurisdictions for tax purposes (“Annex 1”). This has come as a surprise, but is unlikely to have any immediate impact on Cayman-domiciled funds. In this b...

The Financial Conduct Authority (the “FCA”) sent a letter to all UK regulated asset managers on 27 February 2020 (the “Dear CEO Letter”), to encourage the sector to prepare for the cessation of the sterling London interbank o...

Part A: Regulation of crypto assets     Germany

Mining e-Brief Mining operations around the country strive to send home employees safely at the end of each shift, by implementing various stringent health and safety measures in their working places. Despite these measures and various safety drives...

Site waste management plans will be necessary for construction and demolition work with effect from 6 April 2008. The Site Waste Management Plans Regulations 2008 require site waste management plans for all construction and engineering projects in ...