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HR e-briefing 441 - Maximum compensatory award reduced for 2010

The Government has today announced, just as predicted, a fall in RPI-linked compensation limits. The maximum compensatory award for unfair dismissal will decrease from £66,200 to £65,300 for effective dates ...




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HR e-briefing 536: New Regulations pave the way for April’s employment tribunal changes

Last year the Government announced a number of measures aimed at resolving workplace disputes more quickly, reducing the pressure on the employment tribunal system and saving costs for employers and the taxpayer. In November, amid...




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Eversheds' IHC e-briefing 195: Enterprise and Regulatory Reform Bill update - Headline news but little detail

In our briefing of 23 May 2012, we reported the publication of the Enterprise and Regulatory Reform Bill, legislation which proposes various measures to improve resolution of employment disputes and tribunal refo...




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Directors' conflicts of interests - are you ready for 1 October 2008?

From 1 October 2008, all directors have a duty under the Companies Act 2006 to avoid actual or potential conflicts between the duties they owe to a company and either their personal interests or other duties owed to third parties.   There are a...




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The Draft Construction Contracts Bill: what does it mean for the private finance initiative industry?

In July this year, the Department for Business Enterprise & Regulatory Reform put forward the Draft Construction Contracts Bill (the 2008 Bill). A number of important changes have been proposed by the 2008 Bill,  but, most importantly for p...




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To disclose or not to disclose? New Freedom of Information guidance for procurement information

Procuring authorities and private sector contractors have for some years struggled with the application of the Freedom of Information Act to PFI/PPP procurement processes, and to the legal documentation that results from them. Procuring authorities...




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An important new measure for PFI projects

£2bn Government boost to PFI The latest budget has included an important measure for PFI projects. The Government will spend up to £2bn this year to rescue PFI projects which are struggling to reach financial close. The Treasury Infras...




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PPP: a win-win situation for the public and private sectors

Public-Private Partnerships have become an effective way for Government to raise finances for large infrastructural projects, especially considering the current situation of most public coffers. Business Agenda speaks to Tomasz Korczynski about how ...




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Coronavirus – COVID 19-Guideline for Employers – Germany

What should employers consider? The existing risk of infection and disease must be explained to the employees and they must be informed of precautionary measures and indicated conduct (disinfection, washing hands). The (always up-to-date) informati...




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Coronavirus – Does the Mine Health and Safety Inspectorate and the Department of Employment and Labour have the power to issue Compliance Instructions, Force Majeure, and Covid-19 as an Occupational Disease?

On 17 March 2020, we sent out an e-Brief: Occupational Health and Safety: COVID-19 (click here to access this e-brief) where we discussed the responsibilities which are placed on employers in terms...




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Affordable housing construction briefing: Local Democracy, Economic Development and Construction Act

No hurry to change your construction documents The most significant piece of legislation for the UK construction industry, Part II of the Housing Grants, Construction and Regeneration Act...




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Affordable housing construction briefing: contractor insolvency - warning signs

In the current uncertain times it is common to hear rumours of financial difficulties at contractors and sub-contractors which are bound to cause concern for employers on construction works. However, there are a number of steps yo...




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Affordable housing litigation e-briefing: when is a RSHP not a public authority?

After the recent decision in R (Weaver) versus London and Quadrant Housing Trust [2009] EWCA Civ 587 the answer, more frequently than not, will be when it is not acting as a 'hybrid authority' and not exercising the pow...




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Affordable housing - liability for anti-social behaviour

Octavia Hill Housing Trust v Brumby [2010] EWHC 1793 (QB) A landmark case could open the floodgates for Registered Providers. Terri Brumby has won the right in the High Court to proceed with a claim against Registered Provider Octavia Hill Housing ...




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Increase in rent threshold for assured tenancies and assured shorthold tenancies

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The Construction Sector – A Budget for Growth?

The 2011 Budget contained little in the way of direct headline statements impacting specifically on the construction industry. However, there were a few notable measures announced, such as the £200 million new investment in rail projects, the ...




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The Budget and Implications for Development and Regeneration

The Chancellor announced yesterday his second budget aimed at achieving strong, sustainable and balanced growth, more evenly shared across the country and between industries. A number of measures are introduced that will significantly impact on dev...




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Practical Considerations For Land Owners And Developers Arising From The Flood And Water Management Act 2010

The New Act The Flood and Water Management Act 2010 received Royal Assent on 8 April 2010. The Act takes forward several Government strategy documents and, importantly, reflects the Government’s response to Sir Michael Pitt’s Revie...




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Electricity Market Reform – the highlights

1.  Summary On 12 July the Department of Energy and Climate Change (DECC), released its eagerly anticipated Electricity Market Reform White Paper (the White Paper). The contents of the White Paper bring some further clarity to the measures desc...




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Changes to the rules for Energy Performance Certificates in April 2012

The rules as to when Energy Performance Certificates (“EPCs”) need to be obtained will change on 6 April 2012. In relation to both sales and lettings of property, whether commercial or residential, an EPC will need to be commissioned bef...




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Education Briefing - Next step for the mutualisation agenda

With the dust settling after the recent General Election, it is possible to better speculate as to the likely direction of travel of the new Conservative government. The new administration has a slim majority, therefore, there still may be an elemen...




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Education Procurement Briefing: Supreme Court dismisses Edenred's challenge to the government's decision not to tender for the administration of a new childcare scheme

In Edenred (UK Group) Ltd v (1) Her Majesty’s Treasury (2) Her Majesty’s Commissioners for Revenue and Customs (HMRC) (3) National Savings and Investments [2015] UKSC 45, the Supreme Court unanimously dismissed Edenred’s challenge ...




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Supreme Court dismisses Edenred’s challenge to the government’s decision not to tender for the administration of a new childcare scheme

In Edenred (UK Group) Ltd v (1) Her Majesty’s Treasury (2) Her Majesty’s Commissioners for Revenue and Customs (3) National Savings and Investments [2015] UKSC 45, the Supreme Court unanimously dismissed Edenred’s challenge to Her ...




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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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EU Public Procurement Reform Guide 2016

Eversheds has published the “EU Public Procurement Reform Guide 2016” on the status of implementation of the new procurement directives in the European Union. The initiator of the project and coordinator of the work of the international ...




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Public procurement: New case highlights pitfalls for those challenging award decisions

On 21 July the Technology and Construction Court handed down judgment in relation to two applications made in the case of Perinatal Institute v Healthcare Quality Improvement Partnership. This interesting judgment highlights two potential pitfalls f...




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The question of a “sufficiently serious” breach: a relevant consideration in the review of applications for the lifting of automatic suspensions?

Case comment: (1) Lancashire Care NHS Foundation Trust and (2) Blackpool Teaching Hospitals NHS Foundation Trust v Lancashire County Council [2018] EWHC 200 (TCC) Summary In a recent judgment of the new head of the TCC, Fraser J, Lancashire County ...




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Are you ready for Black Friday?

With the #BlackFriday craze coming up, so does the issue of “grey goods”. This article aims to discuss the legality behind parallel importation and the sale of grey goods. What is “parallel importation” and so-called “g...




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Coronavirus: In-depth insights and practical advice regarding Force Majeure, Frustration and reconsidering Commercial Contracts Webinar - 3 April 2020

The law on force majeure differs from country to country, not least between common law and civil law jurisdictions. We have produced a both a Global Guide to Force Majeure and an Asia-Pacific Guide to Force Majeure that provides some preliminary ad...




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IP commercialisation for education institutions - webinar

In this webinar for education institutions we will cover:...




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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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Essentials for academy clerks and company secretaries

Becoming an academy confers legal responsibilities under company and charity law which many schools and sponsors are unfamiliar with....




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Covid-19 - Policy for supporting renewables and how banks are approaching renewable projects impacted by the virus

The Energy Transition Club and the REA are hosting a webinar on Wednesday 6 May at 11am for 90 minutes....




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A new immigration system – what it will mean for your recruitment of non-British/Irish staff and an update on the implications of covid-19 - webinar

There are fundamental changes to the UK’s immigration rules in the pipeline. These will result in a new immigration system applying to non-British and Irish citizens and will not just therefore mean changes to the existing provisions in respect of y...




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A new immigration system – what it will mean for your recruitment of non-British/Irish students and an update on the implications of covid-19 - webinar

There are fundamental changes to the UK’s immigration rules in the pipeline. ...




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How to effectively settle a dispute – what are the options for dispute resolution and what are the differences? - webinar

Alternative forms of dispute resolution are becoming ever more common. Encouraged by the courts and increasingly favoured by parties, options such as mediation, arbitration and adjudication are becoming more widely used. But what are the differences...




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An introduction to contracts - what to look out for when negotiating

We will look at the legal essentials for contract formation and the meaning of some common clauses found in contracts. ...




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Student mental health and information sharing

This panel-style session will provide a forum for high level discussion of data sharing and confidentiality in the context of student mental health and wellbeing and will assist institutions to identify best practice. It will be chaired and facilita...




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IHC HR e-briefing 100: the right to request time off for training or study the right to request time off for training or study

From today, a new right for employees to request time off work to undertake training or study applies to all businesses in England, Scotland or Wales with 250 or more employees. For employers familiar with the right to requ...




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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 107: balloting requirements for industrial action

A growing number of successful injunctions against trade unions to halt strikes is attracting increasing media attention. Arguments will undoubtedly continue about whether such injunctions are undemocratic, or simply reflec...




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IHC HR e-briefing 130 - Annual Limit for Non-European Workers

On 23rd November, the Home Secretary, Theresa May, made the long awaited announcement regarding the limits for workers from outside Europe which will come into effect in April 2011. In July 2010 interim limits were brought into effect to prevent a s...




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IHC HR e-briefing 134 - Employment Tribunal reform: a promising start

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...




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IHC e-briefing 136 - Scaling down for Vetting and Barring

The government has today published the Protection of Freedoms Bill. The Bill contains many proposals, but those of most significance to employers are those which are the result of an extensive review of the vetting and barring system, and which incl...




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China’s government has tamed dragon investors and harnessed them to ride for the state

As originally published in React News Beijing is determined all outgoing investment will align with China’s strategic goals Stockholm - home of ABBA and fermented herring. A fish so pongy, the Swedes o...




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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 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: 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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Coronavirus - Information for communities of condominium owners and administrators of residential properties - Germany

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...




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MEES: requirements for letting residential properties from 1 April 2020

The Energy Efficiency (Private Rented Property) (England and Wales) Regulations 2015 (“MEES Regulations”) provide that from 1 April 2018, it is unlawful for a Landlord of private rented property to grant a tenancy to a new or existing te...