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 ...

The 2018 edition of the Getting the Deal Through: Public Procurement is now live. The contributing editor of the Guide is Totis Kotsonis, competition lawyer and head of procurement at Eversheds Sutherland. The publication contains expert local insig...

Witold Slawinski, head of our tech & engineering team, contributed to the guide "Public Procurment 2019" - expert local insight into public procurement procedures in 34 jurisdictions, addressing such crucial topics as: legislative framework, app...

With the #BlackFriday craze coming up, so does the issue of “grey goods”. This article aims to discuss the legality behind parallel importation and the sale of grey goods. What is “parallel importation” and so-called “g...

Eversheds Sutherland is pleased to announce that 12 IP lawyers from our global practice have been recognized in the 2020 World Trademark Review’s “World’s Leading Trademark Professionals” list. Now in its tenth year, the WTR ...

Do you have questions on health and safety whilst home and lone working during the pandemic?...

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?...

Join us on Friday 17 April as we examine management of real estate contract risk in an uncertain financial market. This session will look at the types of contractual issues you may face, risk protection, reputation management and effective dispute r...

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...

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...

There are fundamental changes to the UK’s immigration rules in the pipeline. ...

This panel-style session will provide a forum for high level discussion of data sharing and confidentiality in the context of student mental health and wellbeing and will assist institutions to identify best practice. It will be chaired and facilita...

Prosecutions are down. There is no new safety law, and Brexit should not make much difference, but employers cannot drop their guard when it comes to the health and safety of people. ...

This course considers strategic and practical issues that international HR professionals encounter, from methods to cut costs and improve business performance to contract and policy issues. We explain when HR and legal can support managers’ desire ...

Comments made in Parliament yesterday by Theresa May, Minister for Women and Equalities, suggest that regulations introduced by the Labour government to extend paternity leave for fathers could be postponed and, ultimately, rewritten by the coalitio...

Default retirement age to be abolished next year The Government has this morning confirmed that it plans to abolish the default retirement age (DRA) next year. The aim is that from 6 April 2011 the statutory retirement procedure in Schedule 6 of th...

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...

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...

The Court of Justice of the European Union (CJEU) has handed down two important judgments on age discrimination this week. The first, on retirement, will be of interest to those employers deciding whether to retain a compulsory retirement age follow...

The Court of Appeal has today cast doubt on existing domestic case-law on when the obligation to consult begins under section 188 TULRCA and the EU Collective Redundancies Directive. Having considered two opposing views as to when consultation begin...

On 23rd November, the Home Secretary, Theresa May, made the long awaited announcement regarding the limits for workers from outside Europe which will come into effect in April 2011. In July 2010 interim limits were brought into effect to prevent a s...

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...

In the matter of an application by (1) Gary Owen (2) Heather Lynn Richards [2019] UKUT 171 (LC) A recent Upper Tribunal case highlights the importance of ensuring that applications to modify or discharge restrictive covenants are made on the correct...

Chelsea Football Club –v- Hardiman [2019] 10 WLUK 100 Chelsea had taken action to prevent an alleged ticket tout from selling tickets to football matches at the Chelsea ground.  It applied to court to continue the injunction which it had ...

Eversheds Sutherland property column: November 2019 Taking property off-plan involves a whole host of extra considerations, and prestigious tenants looking for new high profile headquarters or bespoke office space require comprehensive landlord and ...

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 ...

CUADRILLA BOWLAND LIMITED & ORS (Claimants/Respondents) v (1-3) PERSONS UNKNOWN (Defendants) & (1) KATRINA LAWRIE (2) LEE WALSH (3) CHRISTOPHER WILSON (Appellants/Respondents to Committal Applications) [2020] EWCA Civ 9. The Court of Appeal ...

Eventuate Capital Ltd v Grosvenor Estate Belgravia (E02CL652) The County Court and First-tier Tribunal Unopposed Business Lease Renewal Pilot Scheme has been in place for over 2 years but very few cases have, as yet, proceeded to trial. In one of th...

Nigel Crighton Pease v Jeffrey William Carter and Louise Mary Carter [2020] EWCA Civ 175 A recent Court of Appeal decision found that notices of proceedings for possession under s.8 of the Housing Act 1988 were valid despite an error in a key date ...

In cases where operations have to be closed or business activities are prohibited, the question arises as to what happens to the lease and whether it can be suspended, paid in instalments or cancelled altogether. Below we have prepared a short overv...

Jonathan Davidson, Executive Director of Supervision, Retail and Authorisations at the FCA, has written to CEOs of insurers concerning non-financial misconduct in wholesale general insurance firms. Davidson reminds firms of the FCA’s clear exp...

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...

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

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...

On 10 June 2019, the Competition and Markets Authority (CMA) gave notice that it had made its Final Order following its market investigation into the investment consulting (IC) and fiduciary management (F...

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...

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...

In December 2019 the PPF published its final levy rules for 2020/21, together with accompanying documents. There are few changes to the rules compared to the previous levy year, and they are broadly in line with the proposals set out in the PPF’s co...

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...

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 ...

Episode 4 - COVID-19 webinar - When does a pandemic crisis spell disaster? - May 4 Listen to the replay of Eversheds Sutherland's episode 4 podcast providing guidance on at what stage does the pandemic crisis spell disaster. Reputations will be ma...

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...

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 ...