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Update: Advocate General advises that the validity of standard contractual clauses is not affected by complaints made in Schrems II

What do I need to know? On Thursday 19 December, Advocate General Saugmandsgaard Øe published his Opinion in Full Article



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CAT rejects Electro Rent appeal against procedural fine

The Competition Appeal Tribunal (CAT) has dismissed an appeal by Electro Rent against a fine of £100,000 imposed for failing to comply with the terms of an interim order (the “order”). Interim orders are a key tool employed by the ...




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First fine imposed for obstructing CMA inspection

On 20 March 2019 the Competition and Markets Authority (‘CMA’)  imposed a fine  of £25,000  on the guitar supplier Fender Musical Instruments Europe Limited (‘Fender Europe’) for failure to comply with a ...




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Greater EU Competition Enforcement needed in the Digital Era

As we have recently reported, a number of competition authorities and governments are in the process of assessing whether their competition enforcement tools are fit for the digital economy. In the UK, on 13 March 2019 a specially commissioned panel...




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Case comment: Amey Highways Limited v West Sussex County Council

The recent High Court decision in Amey Highways Limited v West Sussex County Council has clarified that abandoning a procurement will not automatically extinguish pre-existing causes of action.  Breaches of the procurement regulations which res...




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FCA’s Market Study into General Insurance Pricing Practices: Pricing interventions proposed to tackle competition concerns

The FCA has published its interim report in relation to its market study into how general insurance firms charge their customers for home and motor insurance (Interim Report). The FCA has provisionally found that the market is not working well for ...




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The Italian Competition Authority’s enforcement against so called “IBAN discrimination” practices

Introduction The Italian Competition Authority (“ICA”) has recently adopted a harsh approach imposing quite significant fines on those operators who accept direct debit payments only to the extent that their customers are holders of an ...




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The European Commission’s public consultation on the reform of the Generalised Scheme of Preferences (GSP) Regulation

On 11 March 2020 the European Commission (Commission) launched a public consultation on  possible reforms to the Generalised Scheme of Preference (GSP) Regulation (EU Regulation No. 978/2012 of 25 October 2012) (GSP Regulation). As the GSP Regu...




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Competition Tribunal adopts “structured methodological approach” to penalties

Introducing Hong Kong’s four-step fining framework… On 29 April 2020, Justice Godfrey Lam, President of the Competition Tribunal, handed down judgment in relation to the fines to be imposed on the parties in the W. Hing and Others case....




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The equity surplus-arrangement – clarified

In two recent judgments, both rendered on 16 October 2015 (which can be found here and here) the Supreme Court ruled on the sustainability of a legal construct often used by banks called the equity surplus-arrangement. A variant of the...




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The enforcement of securities connected to a pledged debt by the pledgee

  Pursuant to Article 3:246 paragraph 1 of the Dutch Civil Code (DCC) pledgees have the power to enforce their right of pledge on receivables by claiming (direct) payment of the receivable. This power also includes the right to enforce rights o...




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The position of the right of pledge after bankruptcy on goods that are delivered subject to retention of title

On 3 June 2016, the Supreme Court ruled that a valid right of pledge can be established on goods that are delivered subject to retention of title (of ownership). If the buyer is declared bankrupt, the conditional ownership can become an uncondition...




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Bitcoin is not so black as it is painted…

Digital currency has been arousing a lot of interest for some time. In public administration circles - at least officially – so far, it has not been discussed very much. A few days ago though, the situation has changed. The National Bank of Po...




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Rescue Culture - MK Airlines Limited (In Liquidation) (the “Company”) - Administration expenses, misfeasance and priority

Key points: • In a judgment supportive of the rescue culture in English insolvency, the court has reaffirmed its flexible approach to the application of insolvency provisions and willingness to look at the practical effect of transactions in re...




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A lender’s right to request a valuation may be limited

Legal background Often, under a contract, one party will have a right to exercise discretion - the contract will give the party the right to take a decision that affects the rights of both parties. In real estate finance an obvious example of this i...




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What is market value and how can officeholders demonstrate it has been obtained? A look at Re One Blackfriars Ltd: Hyde v Bannon

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Do Receivers have overreaching powers? - Stanley v a debtor (2019) (unreported)

Key Points A disposition by a receiver, whether appointed by the court or under a fixed charge, is not a disposition by a mortgagor for the purposes of s284 Insolvency Act 1986 (“IA”). The wider implications of the decision may be to lim...




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Eversheds Harry Elias Enhances Banking and Financial Services Practice with First Lateral Partner Hire since merger

  The Singapore office of global legal practice Eversheds Sutherland today announced the appointment of Gerard Ng as a partner in the Banking and Financial Services Practice group. With over 20 years of experience, Gerard is a specialist in len...




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A case study in receivership practice: Devon Commercial Property Limited v Robert Adrian Barnett, Robert John Blecher

Key Points • The self-dealing rule does not extend to a sale by a receiver to a party in which the mortgagee has an interest. • Although the duties of a receiver and a mortgagee are similar as to the Property, a receiver, unlike a mortgage...




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Coronavirus - German Federal Government plans legislative package to mitigate consequences of COVID-19 - Germany

Changes to the insolvency, civil and criminal procedural law The German Federal Government is currently planning various support measures for entrepreneurs, sole traders, other small, medium and large companies and credit institutions to mitigate t...




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Coronavirus – Impact on the medical device industry – Europe

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64MW Wind Farm Granted in the Scottish Highlands

Eversheds Sutherland has helped to secure Electricity Act 1989 consent from the Scottish Ministers and deemed planning permission for Limekiln Wind Farm, a 21 turbine wind farm with an estimated generation capacity of 64MW based in the Highlands. Th...




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Afghanistan: The Ministry of Energy and Water (“Procuring Authority”) has launched a request for qualification (“RFQ”) for a 40 MW solar photovoltaic energy project in the Herat region ("Project")

Background The Procuring Authority has engaged the International Finance Corporation, acting through its Public Private Partnerships Transaction Advisory Services division, to act as lead transaction advisor in relation to the Project. The RFQ will ...




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When tragedy strikes, follow due process

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 to put health ...




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KSA: The Renewable Energy Project Development Office (“REPDO”) invites interested developers to pre-qualify for the third round of the Kingdom of Saudi Arabia’s National Renewable Energy Program (“NREP”)

Background On 9 January 2020, REPDO invited developers to prequalify via a request for qualifications (“RfQ”) for the third round of the NREP in the Kingdom of Saudi Arabia. Third round of the NREP There will be four photovoltaic (&ldquo...




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Eversheds Sutherland leads on gas storage acqusition

Eversheds Sutherland has advised Energetický a prumyslový holding, a.s. (EPH), on the acquisition, by its subsidiary EP UK Investments Ltd. (EPUKI), of Humbly Grove Energy Limited from PETRONAS, Malaysia's integrated petroleum corporat...




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German Federal Grid Agency (BNetzA) extends realisation deadlines for renewable energy projects

The lockdown of public life in Germany and the disruption of global economy due to the Coronavirus also complicate and delay the development, construction and commissioning of renewable energy projects in Germany. This has dangerous consequences as ...




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Horace Mann Educators Corporation (HMN) CEO Marita Zuraitis on Q1 2020 Results - Earnings Call Transcript




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Federal Realty: 52 Years In A Row And Counting




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Be Filled with the Spirit, Part 1 A




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Be Filled with the Spirit, Part 1 B




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Be Filled with the Spirit, Part 2




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Be Filled with the Spirit, Part 3 A




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Be Filled with the Spirit, Part 3 B




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Be Filled with the Spirit, Part 4: Spirit-Filled Thanksgiving A




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Be Filled with the Spirit, Part 4: Spirit-Filled Thanksgiving B




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Confrontation in Eden




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The Promise of Redemption, Part 1




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The Promise of Redemption, Part 2




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The Promise of Peace in a Worried World A




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The Promise of Peace in a Worried World B




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The King Crucified: The Contrast at Calvary A




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The King Crucified: The Contrast at Calvary B




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The King Crucified: Conversion at Calvary




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Finding Security in a Troubled World A




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Finding Security in a Troubled World B




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The King Crucified: Consummation at Calvary




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The King Crucified: Responses at Calvary




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Qatar- Japan's beloved manga assassin becomes the latest coronavirus fatality

(MENAFN - Gulf Times) Japan's ruthless animated hitman has become the latest victim of the coronavirus, as the nation's longest-running manga comic an... ......




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Best's Commentary: Life/Health Catastrophe Bonds Could Be ILS Market's Most Loss-Affected Sector in COVID-19 Pandemic

(MENAFN - Caribbean News Global) OLDWICK, N.J.-(BUSINESS WIRE)-Life/health-related catastrophe bonds face the greatest threat of losses from the COVID... ......