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Coronavirus - FCA announces additional measures to aid listed companies with fundraisings - UK

Listed companies and recapitalisation issuances The FCA has announced a series of measures aimed to assist companies in raising additional capital in response to the Coronavirus crisis, whilst at the same time aiming to retain appropriate protection...




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Coronavirus – Fiducie – Facilitating the obtaining of secured financing and the disposal of distressed assets – France

When the economic situation deteriorates, when the financial situation becomes strained, when the granting of credit becomes more difficult, being able to provide effective collateral in order to obtain cash from lenders is more important than ever ...




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Eversheds Sutherland advises CEO and owner of Sarcus group on the sale to private equity investor Maxburg Capital Partners

Eversheds Sutherland has advised the CEO and owner of Saracus group on the sale of the group to an investment fund managed by private equity investor Maxburg Capital Partners. The parties agreed to keep the purchase price confidential. The client wi...




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Coronavirus - Guidance issued to Remuneration Committees - UK

The Investment Association (IA) has issued guidance to UK listed companies on how to approach executive pay issues during the COVID-19 pandemic. The IA published a Full Article



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Eversheds Sutherland have advised the management team shareholders on the sale of a minority stake in Waterlogic

Eversheds Sutherland have advised the management team shareholders on the sale of a significant minority stake in Waterlogic, a UK-based designer, manufacturer, distributor and service provider of purified water dispensers, to four strong instituti...




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Eversheds Sutherland has advised Investment House Q.P.S.C. (“IH”), one of the leading investment banks and asset managers in Qatar

Eversheds Sutherland has advised Investment House Q.P.S.C. (“IH”), one of the leading investment banks and asset managers in Qatar, in connection with the first private fund in the country to invest in the alternative asset class of commercial shipp...




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Recommendation on the protection of health-related data

Recommendation CM/Rec(2019)2 of the Committee of Ministers to member States on the protection of health-related data Mobile health apps and other technical applications in the health sector are becoming more and more popular. Whether it's heart rate...




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Challenging IT resilience – some key lessons Bates & Ors v Post Office Limited (No. 6) [2019] EWHC 3408 (QB)

  The much anticipated sixth judgment (“the Horizon Judgment”) in the long-running group litigation against the Post Office (“POL”) brought by some 550 current and former sub-postmasters (“the Group Action”),...




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Changes on the horizon in 2020: China and Hong Kong’s proposed reforms to data protection, cyber security and Internet content regulation

2020 looks set to be a significant year for privacy, cyber security and Internet content reforms in China and Hong Kong. On 20 December 2019, the Cyberspace Administration of China released the “Regulation on Governance of Internet Information...




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The European Commission White Paper on Artificial Intelligence published

  Throughout 2019, we saw a growing promulgation of guidance, consultations and new laws across the world. In light of such a regulatory landscape beginning to form, there is growing debate as to whether or not Artificial Intelligence (“A...




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Extended Lockdown period - ICT as essential service

On Thursday, 9 April 2020, President Cyril Ramaphosa announced the extension of the nationwide lockdown for an additional 2 weeks, until 30 April 2020. The Companies and Intellectual Property Commission (CIPC) advised that all companies providing es...




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Local Government Briefing Note 39 of 2012: Registered Providers to face longer, more complicated and more expensive claims?

Registered Providers to face longer, more complicated and more expensive claims? The Legal Aid, Sentencing and Punishment of Offenders Act 2012 ("LAPSO") LAPSO received Royal Assent on 1 May 2012 and will come into force on 1 April 2013. It will hav...




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Local Government Briefing Note 2 of 2013 - Charitable Incorporated Organisations (‘CIOs’) – Available Soon!

The Charities Act 2006 (now the Charities Act 2011) introduced a new form of incorporated charitable entity, the CIO.  There has been a long delay in making CIOs available but their imminent arrival has been heralded by a recent government anno...




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Local Government Briefing Note 3 of 2013 - State Aid: Proposed Reform of the Enabling Regulation

The European Commission has announced proposals to amend the Enabling Regulation adopted in 1998. This forms part of the EC’s State Aid Modernisation Initiative. It will allow the EC to focus on larger more...




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Local Government Briefing Note 4 of 2013 - State Aid: Proposed Reform of State Aid Procedures

? The European Commission has announced proposals to amend the Procedural Regulation adopted in 1999. This forms part of the EC’s State Aid Modernisation Initiative and will support quicker decision making and ensure a focus...




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Local Government Briefing Note 6 of 2013 - State Aid Modernisation: proposed amendments to the Enabling and the Procedural Regulations

The European Commission (the "EC") presented two proposals on 5 December 2012, as part of its State Aid Modernisation initiative. The proposals will include amendments to two key State aid instruments, the Enabling Regulation and...




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Local Government Briefing Note 8 of 2013 - Proposed changes to rules for solicitors employed by local authorities

? The Solicitors Regulation Authority has undertaken consultation on proposed changes to the rules for solicitors employed by local authorities.  The SRA is proposing to amend rule 4.15(e) of the Practice Framework Rules, to ...




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UK Local Government Pensions speedbrief: Local Government Pension Scheme liabilities on academy conversions

Local Government Pension Scheme liabilities on academy conversionsBackground The treatment of Local Government Pension Scheme (LGPS) liabilities on academy conversions has been presenting significant difficulties for some time, with pension liabilit...




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Eversheds Local Government Briefing Note 18 of 2013: Code of Conduct for Operational PFI/PPPs

Code of Conduct for Operational PFI/PPPs HM Treasury recently published a brand new PFI/PPP code of conduct (the ‘Code’) which is aimed at delivering savings in operational PPP contracts. What has been introduced? ...




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Decision to cut libraries quashed by High Court

Following the unsuccessful “save the library” challenge against Brent Council in 2011, comes another  High Court judgment in judicial review proceedings involving a Council’s decision to achieve spending cuts by reducing its l...




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UK Public Sector Pensions Speedbrief: All a-Board! Final LGPS governance regulations issued

The Local Government Pension Scheme (Amendment)(Governance) Regulations 2015 were laid before Parliament on 28 January 2015.  Issued under the Public Service Pensions Act 2013, these...




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Local Government Briefing Note 3 of 2015: Deal or No Deal: What's Inside the Red Brief Case

Another year, another budget. So what have we learnt from the contents of the infamous red brief case? Here are some of the highlights for the local government community.             George...




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Local Government Briefing Note 6 of 2015 - Converting failing schools into Academies - a closer look at the Education and Adoption Bill

Background The Government’s latest proposal in reforming the English schooling system was laid before Parliament last week in the form of the Education and Adoption Bill 2015-16 (“the Bill”). The Bill sets out provisions to conver...




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Speed brief: Contractual interpretation

Supreme Court reinforces the need to interpret clauses by the words used and their "natural meaning" On 10 June 2015, the Supreme Court handed down judgment in the case of Arnold v Britton and others [2015] UKSC 36, which concerned the interpretatio...




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UK HR and Pensions Speedbrief: Public sector exit pay reform – Exit pay schemes must conform

A commitment to reduce public sector termination packages has seen the Government explore various proposals for reform in recent years; from draft regulations seeking recovery of termination payments, to a financial cap upon the amount of any indivi...




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Eversheds’ Annual Retail Conference 2015 – key highlights

On Thursday 12 February Eversheds hosted its annual Retail conference to discuss and debate key topics and issues impacting the sector. Keynote speech, Mike Ahanchian, BRC - The changing face of Retail The  Retail conference was kicked off by M...




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Retail Speed Brief: ICO issues fine for security breach involving failure to adhere to PCI-DSS

The security of personal information, including customer payment card data and related details, is integral to the functioning of retailers with an online offering, and there are serious consequences in the event of security breaches. Penalties...




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Is the UK fashion sector anti-competitive? Competition and Markets Authority investigation launched

Competition Law E-Briefing: Fashion sector competition probe On Tuesday 24 March 2015, the UK’s competition regulator, the Competition and Markets Authority (the “CMA”), opened an investigation into suspected anti-competitive arrangements in the UK ...




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Closing the GAP: Guaranteed Asset Protection insurance - competition remedy

New rules in the FCA’s policy statement on Guaranteed Asset Protection (GAP) insurance (PS15/13) are about to change the way GAP insurance sold alongside the sale of a motor vehicle (add-on GAP Insurance) is sold to both consumers and commerci...




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Germany: Bundeskartellamt blocks takeover by food retailer EDEKA of Kaiser’s Supermarkets, Parties apply for ministerial authorization

On 31 March 2015, the German Federal Cartel Office (“Bundeskartellamt”, BKartA) announced that it has blocked the proposed takeover of approximately 450 Kaiser’s Tengelmann supermarket branches by EDEKA, the leading German food ret...




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Eversheds advises Windmill in successful defence of Court of Appeal challenge to retail planning permission

R (on the application of Tesco Stores Limited) v Forest of Dean District Council and (1) JD Norman Lydney Limited (2) Asda Stores Limited (3) Windmill Limited (4) MMC Land & Regeneration Limited1 The Court of Appeal, upholding a decision of the ...




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Eversheds sponsors the World Retail Congress 2015

We are delighted to be sponsoring this year’s World Retail Congress taking place on 8 – 10 September in Rome. The theme to this year’s Congress is ‘Transformation today, tomorrow and beyond’, key to which for many retailers is international expansio...




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Safe Harbor ruled INVALID

The Court of Justice of the European Union (“CJEU”) publishes its ruling (the “Ruling”) on Maximillian Schrems v Data Protection Commissioner (the “Case”)   The Ruling in summary This morning (6 October 2015)...




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When can sales via online platforms be restricted?

Selective Distribution – Some recent developments in the adidas case: when can sales via online platforms be restricted? On 18 November 2015, the Autorité de la concurrence (the “French Competition Authority” or “...




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E-commerce: Commission probes suspected competition infringements in consumer electronics, videogames and hotel sectors

The European Commission has launched three investigations into suspected breach of the competition rules by companies in the consumer electronics, videogames and hotel sectors.  The consumer electronics and videogames probes come out of the Com...




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Competition and Markets Authority publishes updated retail mergers commentary

Introduction The Competition and Markets Authority (“CMA”), the authority responsible for operating and enforcing the UK merger control regime, has published its updated Retail Mergers Commentary (“New Commentary”).1 The CMA ...




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Are 261/2004 claims redundant? -impact of the Consumer Rights Act 2015

Following the outcome of a Government consultation paper, the full force of the Consumer Rights Act 2015 (CRA) will apply to the aviation sector as from the 1 October 2016. The result could lead to compensation being paid up to the price of the air ...




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Alstom Transport UK Limited v London Underground Limited: Automatic suspension lifted

On 27 June 2017, the court ordered the lifting of the automatic suspension in the case of Alstom Transport UK Limited v London Underground Limited [2017] EWHC 1521 (TCC). The resulting judgment includes some interesting comments on the correct test ...




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PR18 consultation on charges recovering fixed network costs

Background As part of the 2018 periodic review (“PR18”) of Network Rail, the Office of Rail and Road (“ORR”) is reviewing the way in which the charges that operators pay to access the rail network are calculated. This review ...




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Update: Draft EU Implementing Regulation on access to service facilities and use of rail-related services

Executive Summary The European Commission has consulted on an implementing regulation which will provide additional detail for procedures and criteria to be followed by service facility operators in order to satisfy their obligations under Directive...




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Update: The Competition and Markets Authority’s consultation on proposed guidance for the evaluation of competition issues in passenger rail franchise awards

Background The Competition and Markets Authority (“CMA”) has recently published draft guidance on its approach to assessing rail franchise awards under its merger control powers (the “Draft Guidance”)1. The guidance has been ...




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Do your drivers still need to maintain their CPC, post- Brexit?

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Korea-United States Journalists Exchange

The East-West Center announces the 2020 Korea-United States Journalists Exchange scheduled for August 23 - September 2, 2020. This 14th Exchange will focus on relations between North and South Korea, the US and ROK, and South Korea and its neighbors. The program aims to give both Korean and US journalists a clear understanding of how the Trump and Moon administrations are managing their alliance relationship despite the tensions regarding Washington’s request that South Korea increases its financial support for US troops stationed there. Additionally, due to the lack of progress in US-North Korea negotiations, the North-South Korea dialogue has been set back; North Korea refuses to progress further with the South until there is more headway in US-NK talks.




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The new Swedish Protective Security Act

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ICO issues the long awaited data sharing code of practice for consultation

The ICO has launched a public consultation on its new draft data sharing code of practice. The consultation period ends on 9 September 2019. It is an update of the previous code, to align it with GDPR so as to address transparency, lawful bases for ...




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Have you read the draft EDPB guidelines for the use of video devices (eg CCTV)? Perhaps you should – if you use such video devices

Quick Read Many readers may have chosen to skip looking at the Guidelines that the EDPB published for consultation recently, if you are one of them, and you routinely use CCTV (or other similar devices) within your business – you may want to h...




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ICO updates guidance on ‘manifestly unfounded’ and ‘excessive’ in the context of responding to individuals’ rights

What you need to know UK regulatory guidance has been updated to explain what ‘manifestly unfounded’ and ‘excessive’ means in relation to the individual rights of data subjects under GDPR. This includes but is not limited to ...




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Article: Pre-ticked boxes aren’t “consent” for cookie placement

CJEU Ruling on Cookies On 1 October 2019, the Court of Justice of the European Union (CJEU) gave a preliminary ruling1  on questions referred from the Bundesgerichtshof (Federal Court of Justice in Germany) that:   Consent is not validly ...




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ICO in action: Ban on unsolicited marketing calls to members of pension schemes

This speed read follows on from our briefing in November 2018 in which we explained that the government had proposed a change in law to implement a ban specific to pensions related cold calling.  At that time it was estimated that 10.9 million ...




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Speed read: Useful November 2019 guidelines on controller, processor and joint controllership concepts from the European Data Protection Supervisor

Summary On 7 November 2019 the EDPS issued guidance on how to determine who is a controller, processor and joint controller. The EDPS is an independent supervisory authority whose primary objective is to ensure EU institutions and bodies respect the...