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Supreme Court brings clarification on non-party costs orders for liability insurers

Summary: The Supreme Court handed down its long anticipated judgment in the case of Travellers Insurance Company Limited v XYZ [2019] UKSC 48 on 31 October 2019. The appellant, Travelers Insurance Company Limited (“Travelers”) was succes...




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An overview of the Enforcement of Judgments Office – Northern Ireland

1.       What is the Enforcement of Judgments Office? The Enforcement of Judgments Office (the “EJO”) is a public body responsible for enforcing judgments in Northern Ireland. This contrasts to the system in...




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High Court reaffirms tests for (i) a non-disclosure order and (ii) setting aside a without notice order due to non-disclosure

United Kingdom Independence Party Limited v Richard Braine and others [2019] EWHC 3527 (QB) Facts of the Case This decision relates to: 1. applications by the Claimant (“UKIP”) for orders (a) continuing until trial an interim non-disclos...




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Wall Street-Tweak: Inform Retail Investors Of The Stock Borrow Earnings They Lose Out On.




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U.S. IPO Week Ahead: IPO Pipeline Activity Makes Up For An Empty Calendar





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IPO Update: GAN Limited Readies U.S. IPO Effort




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The 2020 IPO Market Is Now Up 43% From Its Lows, A Promising Sign For May




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Cases for Christmas – some last minute pension treats

The run-up to Christmas has seen a couple of important legal cases for pension schemes. Neither should spoil your Christmas celebrations, but they’re worth knowing about for 2020! Limits on PPF protection The European Court has reached a decis...




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Coronavirus – podcast on implications for pensions – UK

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 ...




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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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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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Considerations for food businesses operating during COVID-19

From 20 March, UK pubs, restaurants and cafes have been closed as part of the government response to COVID-19. In an effort to stay afloat many food businesses are looking to diversify, with some offering takeaway and pick up services for the first ...




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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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An Asia Pacific Guide to Force Majeure

The current COVID-19 pandemic has triggered a range of medical, social and economic consequences around the world. The effects on commerce have already been dramatic and for those of us who advise on global trade, supply chain issues and contractual...




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More Bucks than Fizz, the Law Commission's SAR reform report

Zia Ullah, Head of the Firm’s Corporate Crime & Investigations practice, and Ruth Paley, Of Counsel, take a look at the Law Commission’s report into SARs reform published this morning, and consider the implications for the regulated ...




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EBA publishes ambitious workplan for 2020, warning that it cannot be a ‘supervisor of supervisors’ and hinting that further centralisation may be the only way to ensure a ‘truly European approach’ to AML/CTF

As the European Banking Authority publishes a wide-ranging workplan for 2020, Zia Ullah and Ruth Paley explain the EBA’s role and its forthcoming programme, and take a look at the substance of the developments planned for the next twelve month...




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Back to Black – but not quite yet: Revised methodology agreed but no new EU blacklist before 2020

As the European Council met today to discuss a revised methodology to be used in the creation of a new EU blacklist of ‘high-risk third countries’ with strategic AML and CTF deficiencies, Zia Ullah and Ruth Paley of Eversheds Sutherland ...




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Quarterly Fraud and Corruption Enforcement update - April 2020

Please click here to download our quarterly Fraud and Corruption Enforcement update. Here we provide a quick overview of the recent key developments relating to criminal investigations and e...





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Selection criteria that could deter foreign tenderers - the Advocate General’s opinion (Case C 199/07)

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...




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Selection criteria that could deter foreign tenderers - the Advocate General’s opinion (Case C 199/07)

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...




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Negotiating isn’t mandatory for Contracting Authorities

As Contracting Authorities will be aware, in circumstances where the Negotiated Procedure is used, they are able to negotiate with tenderers in order that their tenders can be adapted to meet the requirements in the contract notice, the specificatio...




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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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New guide (TCC) sets out the recommended pre-action process for parties to follow in a procurement dispute

On 17 July 2017, a new Appendix H to the Technology and Construction Court Guide was published which provides guidance on procedures for public procurement cases (the “Guide”). Although this detailed procedural guidance is likely to prove usefu...




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France – Private enforcement of competition law: French Supreme Courts dismisses nullity and follow-on damages claims of EDF and ERDF

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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An alternative purchase price mechanism for M&A transactions

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...




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Rural North Koreans Forced to Provide Food Aid to Privileged Pyongyang

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




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Vietnamese Man Arrested For Gambling Dies in Jailhouse Beating

Nguyen Quang Lap was found dead on May 8 only three days after beginning a six-year term in prison.




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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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The law for crypto-asset custody

James Burnie throws light on the law for the custody of crypto-assets in this exclusive interview with New Money Review. Click here to read the article > This article was written and published by New Money Review Staff on November 25, 2019....




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CSSF sets new Brexit deadline for UK entities

Introduction Earlier this year, Luxembourg’s financial services regulator, the Commission de Surveillance du Secteur Financier (the “CSSF”) announced a year-long transitional period, to take effect from the date of a no-deal Brexit...




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Open for business: Proposal for a streamlined UK regime for overseas funds post Brexit

Cross-border fund marketing arrangements into the UK are poised to be significantly amended when the current post-Brexit ‘transition or implementation period’ (“TIP”) comes to an end on 31 December 2020.  Retail funds&rs...




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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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Licensing reforms - Police Reform and Social Responsibility Bill

The Government's proposed changes to the licensing regime established under the Licensing Act 2003 ('the Act') are set out in the Police Reform and Social Responsibility Bill ('the Bill'). The amendments which are expected to be implemented will imp...




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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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Forfeiture of leases

A landlord who intends to forfeit a lease must avoid any action that would waive a 'once and for all' breach of covenant by the tenant. This Court of Appeal decision will interest landlords and tenants, especially while market conditions remain toug...




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Enforcing restrictive covenants

The litigation in City Inn (Jersey) Ltd v Ten Trinity Square Ltd, between rival hoteliers next to the Tower of London, concerned restrictive covenants imposed by the Port of London Authority (PLA). The parties asked the court to decide whether the c...




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Energy performance certificates

The new energy performance regime came into force on 6 April 2008 in respect of buildings with a floor area in excess of 10,000 square metres. Buildings with a floor area of over 2,500 square metres will be brought within the regime on 1 July. Howev...




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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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Agreements for lease

Section 2 of the Law of Property (Miscellaneous Provisions) Act 1989 requires contracts to dispose of interests in land to be made in writing. However, leases granted for a term of up to three years need not be made in writing so long as the term st...




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Landlord had been entitled to refuse consent to a newly formed company

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...




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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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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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Use of enforcement undertakings is on the rise

Enforcement undertakings, a form of civil sanction available to the Environment Agency, Natural England and Natural Resources Wales, are voluntary binding agreements which can be offered to a regulator where there are reasonable grounds to consider ...




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France: The deadline for IED waste treatment facilities is approaching

Following the publication by the European Commission of the conclusions on best available techniques (BAT) in the waste sector on 17th August 2018, the operators are required to submit a reconsideration file (“dossier de réexamen”...




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Environmental Compliance – key dates for 2019 / 2020

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If a tree falls in the forest…

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The Minimum Energy Efficiency Standard (“MEES”) for commercial properties – upcoming changes for landlords and tenants.

On the 15 October 2019 the government published its consultation on the future trajectory of the Minimum Energy Efficiency Standard for commercial properties under the Energy Efficiency (Private Rented Property) (England and Wales) Regulations 2015 ...