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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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Lawbite: You seem to have overlooked my privacy…

Giles Duncan Fearn (2) Gerald Kraftman (3) Ian McFadyen (4) Helen Claire McFadyen (5) Lindsay Urquhart v The Board of Trustees of the Tate Gallery [2020] EWCA Civ 104 The Court of Appeal has dismissed an appeal made by residents of luxury glass-fron...




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The Deed giveth and the Deed taketh away

Eversheds Sutherland property column: February 2020  Introduction A property to be transferred is often so much more than an area of land or a building. The rights that accompany the area edged red on a title plan may make the land worth having...




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Eversheds Sutherland property column: March 2020

  The Ground Beneath Our Feet The reservations of mines and minerals in a real estate context can be a cause for concern, especially when considering purchasing a property for development. With an eye to an economic opportunity, the registratio...




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Eversheds Sutherland property column: April 2020

  Together in electric dreams The Chancellor’s announcement of a £500 million fund to support the rollout of electric vehicle charging points has caused many landowners to take notice of the potential benefits that this electric rev...




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Coronavirus - Is there a right to a rent reduction? - Switzerland

Since the Federal Council ordered the closure of a large part of the shops in Switzerland in mid-March to counteract the spread of the COVID-19 virus, a dispute has raged between business tenants and landlords as to whether this extraordinary situat...




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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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Fifth Money Laundering Directive implemented in the UK

On 20 December 2019, the Money Laundering and Terrorist Financing (Amendment) Regulations 2019 (“MLR 2019”) were laid before Parliament.  The MLR 2019 gives effect to the EU Fifth Money Laundering Directive[1]



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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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High Court delivers reminder that search orders are intended to preserve documents and not (without specific provision) provide early disclosure

TBD (Owen Holland) Ltd v Simons & Ors [2020] EWHC 30 (Ch) Background A search order is one of the most draconian orders that the English courts can make, allowing an applicant – where there is a real possibility that a respondent may destroy o...






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




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More updates needed to your scheme’s statement of investment principles

Unexpectedly, the Government has issued regulations which will require trustees to make further changes to their Statement of Investment Principles (SIP) from 1 October 2020. They will also require additional disclosures in relation to investment pr...




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What do pension schemes need to say about ESG, climate change and stewardship?

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...




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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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Speedbrief: The Pension Schemes Bill – was it worth the wait?

Eighteen months ago, the Government published a white paper on protecting DB pension schemes.  This was followed by consultations on a variety of matters, including a stronger Pensions Regulator, the introduction of collective defined contribut...




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Trusteeship and accreditation: where are we now?

This speedbrief outlines the current state of play on some important issues relating to trusteeship, following on from the Pensions Regulator’s Future of trusteeship and governance consultation response this month and recent ind...




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Consultation on the Pensions Regulator’s new DB Funding Code - What you need to know

The Pensions Regulator has published the first of its long awaited consultations on a new DB Funding Code. This consultation covers the principles underpinning the Regulator’s approach. A second consultation will follow later in the ...




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Lack of costs advice or estimates results in solicitors’ invoice being heavily reduced

Dunbar v Virgo Consultancy Services Limited [2019] EWHC B12 (Costs) Mr Dunbar instructed law firm Virgo Consultancy to assist a Greek legal team with a defence of his son, in a serious criminal offences action brought against him in Crete. A deposit...




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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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Updated Parents' Rights

On 9 April 2020, the President extended the lockdown period until 30 April 2020. On 16 April 2020, the Minister of Cooperative Governance and Traditional Affairs published and issued new Regulations in Government Gazette 43232, Government Notice No....




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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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Credit and Financial Institutions take note of new opinion on risks of money laundering in the EU financial sector published by European Supervisors this week

As the three European Supervisory Authorities (ESAs) publish a new joint opinion on money laundering and terrorist financing (ML/TF) risks affecting the EU financial sector, Zia Ullah and Ruth Paley take a look at the key risks, noting ...




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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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OFAC encourages communication regarding compliance concerns related to COVID-19

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...






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China Reports An Unexpected Jump In Exports, While Norway Surprises With A Rate Cut




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Procurement Briefing Issue 2 2007 - Tendering burdens removed in electricity and gas supply markets

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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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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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Daughter of Uyghur Historian Questions Legitimacy of State Media Video Denying His Detention

Iminjan Seydin appeared in a video praising the government after he was missing for three years.




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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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Family Claims Cambodian Detainee Was Tortured to Death in Prison, Despite Suicide Ruling

The man’s aunt demands that authorities bring his killers to justice.




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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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Up to speed on COVID-19: Automotive Industry Risk Mitigation Action Plan

Coronavirus piles more pressure and strain on the automotive sector, disruption supply chains, factory closures and restructuring The COVID-19 (Coronavirus) outbreak has now been labelled a pandemic by the World Health Organisation (WHO). COVID-19 ...




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FCA Feedback Statement FS19/6 – Climate Change and Green Finance: summary of responses and next steps

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] ...




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Cayman Islands Added to Annex 1: What Managers Need to Know

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...




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

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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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Hydro One Limited (HRNNF) CEO Mark Poweska on Q1 2020 Results - Earnings Call Transcript




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Corporate Claims Bulletin: November 2019 edition

Practice and procedure Wickes Building Supplies Ltd v Blair [2019] EWCA Civ 1934 An employee had an accident at work. The court had to determine whether the claimant should be allowed to rely upon a witness statement which had not been filed and ser...




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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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When tragedy strikes, follow due process

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...




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Concerns remain around ‘much improved’ 2019 mine rehab financial provision regulations

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