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The effect of “Brexit” on UK public procurement legislation and the application of EU State aid rules in the UK

Introduction This briefing considers issues relating to the extent to which the UK&rs...




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Publication of statutory guidance on supplier selection and a revised standard Selection Questionnaire

The Crown Commercial Service (“CCS”) has now published a revised standard Selection Questionnaire and guidance in the form of Procurement Policy Note (PPN) 8/16. This can be found here. PPN 8/16 supersedes and replaces PPN 3/15 which con...




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The “Buy American, Hire American” executive order, the GPA and the EU

This note considers aspects of the US President's recent "Buy American, Hire American" order which relate to the WTO's Agreement on Government Procurement. It sets out the somewhat different EU position on the effects of these WTO plurilateral arra...




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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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Public procurement case law update: The need to clarify the consequences of failing to meet an award criterion

MLS (Overseas) Limited v The Secretary of State for Defence [2017] EWHC 3389 (TCC) Summary In a recent judgment following a challenge to a competitive procurement process run by the Ministry of Defence (“MoD”) (MLS (Overseas) Limited v T...




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Case E-16/16, Fosen-Linjen AS and AtB: An EFTA Court case clarifying key aspects of EU procurement legislation

Introduction Relevant facts The Court’s decision Whether the Remedies Directive permits the imposition of conditions for claiming damages Clarifying the burden of proof when claiming damages for loss of profit Grounds on which a contracting...




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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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Land development agreements and public procurement regulation: Faraday Development Ltd v West Berkshire Council [2018] EWCA Civ 2532

In its Faraday decision the Court of Appeal has set aside a concluded land development agreement between a local authority and a developer for having been concluded in breach of procurement legislation. This is the first time that an English court h...




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The Russian Supreme Court brings clarifications to the relationship between co-owners of intellectual property

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Coronavirus – Medical devices and biocide – Europe

While medical professionals everywhere around the globe are working as hard as they can, both them as well as consumers are trying to get protective products to remain healthy and, where possible, prevent being contaminated. It is clear that in seve...




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Atypical/irregular hours workers

The issue of atypical workers is an important one for the sector with it trying to balance modern working practices and the desire for flexible working against allegations of exploitation and the trade unions campaign against casualisation....




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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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Eversheds Sutherland webinar offering guidance on how a virus is spread and what health and safety precautions to take during the pandemic - 15 April 2020

Are you comfortable with latest government guidelines on working in a pandemic? Are you enforcing social distancing? In a sea of ‘fake news’ do you understand how Coronavirus is actually spread and what is safe and unsafe?...




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Covid-19 Implications on African Solar Industry

Join the experts on Friday 17 April, 1pm, to learn more about these impacts, the different national responses to the pandemic and the potential mitigation strategies applicable to the solar industry....




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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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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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Webinar - COVID-19: The continuing rise of pension scams, with guest speaker Margaret Snowdon OBE

With figures (quoted by the FCA in 2019) suggesting that 5 million people could be at risk of falling for a pension scam, and (according to Action Fraud) March seeing a 400% rise in COVID-19 related scams, it is no surprise that pension scams featur...




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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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Legal privilege and without prejudice webinar: “Keeping Communications Confidential”

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. ...




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Pensions education sector annual conference

Following the success of our inaugural pensions education sector conference 2019 we will be holding another conference next year in our Birmingham office. ...




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IHC HR e-briefing 105 - Age discrimination: a qualification

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 ...




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IHC HR e-briefing 117 - Disability discrimination: in preserving the status quo, the Court of Appeal takes a radical leap!

The Court of Appeal has approved the application of the House of Lords decision in the case of London Borough of Lewisham v Malcolm [2008] IRLR 700 to employment-related cases. See our previous HR e-briefing 366 for further information. In many res...




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IHC HR e-briefing 123 - European case set to boost paternity rights

A new ruling from the Court of Justice of the European Union (CJEU) suggests fathers who take advantage of new rights to extended paternity leave from April next year could be entitled to the same rights and benefits from their employer as women who...




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IHC HR e-briefing 128 - Important TUPE case on non contractual employers

Does the transferor need to be the employer? This may sound a strange question in abstract but, in the context of group companies, can be a highly relevant issue to the Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE). In...




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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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IHC HR e-briefing 138 - EAT decides key case on TUPE and insolvency

Against a backdrop of difficult economic times, the appeal decision in Olds v Late Editions (and other cases) has been keenly awaited in the hope that it would clarify the application of TUPE law to insolvent businesses. A key question sits at the h...




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Eversheds' IHC HR e-briefing 145: Local government two-tier code to be scrapped

The Government has confirmed that the Code of Practice on Workforce Matters in Local Authority Service Contracts is to be withdrawn. It is not yet clear when the withdrawal will take effect. The Code applies in England and Wales to local authority ...




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Lawbite: The retail CVA – Lessons from the Debenhams case

(1) Discovery (Northampton) Limited (2) Discovery (Nuneaton) Limited (3) Southampton Estates Limited (4) Discovery (Torquay) Limited (5) Discovery (Folkestone) Limited (6) Discovery (Harrogate) Limited v Debenhams Retail Limited (2) James Robert Tuc...




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Lawbite: Occupiers, Occupation and the imposition of rights under the Electronic Communications Code

Cornerstone Telecommunications Infrastructure Limited v Compton Beauchamp Estates Limited [2019] EWCA Civ 1755 The Court of Appeal’s judgement is the latest decision concerning the Code and the first appeal heard concerning the Electr...




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The Bruce Dear Interview: Fidelity's Neil Cable in the spotlight

As originally published on CoStar on 07 November 2019 In the first of a regular series, leading real estate lawyer Bruce Dear talks to a senior player in real estate over ...




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Lawbite: CVAs – revocable after termination?

(1) Edward Williams (2) Christine Mary Laverty v Carraway Guildford (Nominee A) Ltd & 19 Ors [2019] EWHC 3073 (Ch) The High Court recently refused to strike out a challenge to Regis UK Limited’s CVA despite the CVA having been terminated b...




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FCA consultation paper on discretionary commission models and commission disclosure

1. FCA Final Report on Motor Finance In March 2019, the FCA published its Final Report on motor finance. Our briefing note on the Final Report can be found Full Article



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Fixed charge receivers can now obtain possession against individual mortgagors

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 ...




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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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Court of Appeal finds that injunctions against “persons unknown” can (i) be framed by reference to a defendant’s intention and (ii) prohibit lawful conduct

Cuadrilla Bowland Ltd & Ors v Persons Unknown & Ors [2020] EWCA Civ 9 Background In Boyd v Ineos Upstream Ltd...




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Coronavirus: FCA issues guidance on repossessions during COVID-19 “social distancing” period - UK

On Friday 20 March 2020 the FCA issued guidance to supplement the government’s recent pledges of support for mortgage customers.  In this article we: summarise the key guidance relating to payment holidays and repossessions highlight tha...




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U.S. IPO Weekly Recap: ORIC Pops 61% And SPACs Make A Comeback




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




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Arlo Can Reattach To Growth





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U.S. IPO Weekly Recap: Biotech Hot Streak Continues Amid Another Wave Of SPACs





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Public Sector Pensions Speedbrief: Supreme Court refuses Government permission to appeal in public sector age discrimination cases

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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Improving communications with DC members

The Government issued a consultation paper last week exploring how to improve the annual statement that all occupational and personal pension schemes are required to provide to DC members in order to increase member engagement and understanding. The...




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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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Pensions Regulator’s expectations on funding and communications in a crisis

The Pensions Regulator has issued its 2020 annual funding statement which provides more guidance for plans going through a valuation process and new Full Article



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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...