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Local Government Briefing Note 5 of 2013 - Equality Act 2010: Technical Guidance on the Public Sector Equality Duty

? Recently, the Equality and Human Rights Commission EHRC published detailed technical guidance for those public sector bodies seeking to comply with the Public Sector Equality Duty (PSED). There is separate guidance for Scotland, England and Wales....




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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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Local Government Briefing Note 9 of 2013 - The Administrative Court considers effective and lawful consultation

The court has recently considered the extent of disclosure required to satisfy the obligation of fairness in a consultation exercise in the case of R (on the application of Save our Surgery Limited) v Joint Committee of Primary Care Trusts  (&l...




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UK HR Local Government e-briefing - Today's employment law changes; and what else to expect this year

Today’s employment law changes; and what else to expect this year Various changes to employment legislation take effect today, including amendments to whistleblowing laws.  Other changes will follow over coming months. In this briefing we...




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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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Local Government Briefing Note 20 of 2013: Judicial Review: Proposals for further reform

On 1 July 2013, following its consultation Judicial Review: proposals for reform, the Government introduced significant changes to the judicial review process.  The stated aim was to balance the need to ensure lawful public administration with ...




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Scrutiny in Local Government in Wales

A report from the Auditor General for Wales has recommended that Welsh local authorities should implement scrutiny improvement action plans. The recommendation is one of nine recommendations contained in Good Scrutiny? Good Question!, a report of an...




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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 4 of 2015: Cap on care costs and new appeals system - Reforms on the horizon

On 4 February 2015, the government launched a consultation on draft regulations implementing the cap on care costs contained in the Care Act 2014. The consultation also sought views on the need for new appeals system in relation to local authorities...




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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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Buyer beware – Mystery Shopper is out there…and there is more to come!!

Although the "Mystery Shopper" has been around since February 2011, with the release of the Public Procurement Note 09/15 ("PPN 09/15") on 1 June 2015, we can expect to see a rise in the number of procurement investigations. PPN 09/15 explains the n...




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Successful judicial review challenge against Council’s home to school transport policy which was held to be indirectly discriminatory

In R (on the application of Diocese of Menevia and others) v Swansea City and County Council1 (“the Council”), the Administrative Court was required to consider whether a change in policy made by the Council in respect of school transpor...




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Facility time in the public sector

The Government has reported to have saved some £26 million by "curbing" the activities of union representatives in the civil service. As part of the Government's proposed package of measures to take this further the draft Trade Union Bill (int...




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Changes to Charity Law – The Charities (Protection and Social Investment) Bill 2015

Introduction The Charities (Protection and Social Investment) Bill 2015 (“the Bill”) is currently before Parliament. The Bill is relatively short and deals with two areas in particular: i) the powers of charities to make social investmen...




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‘Devolution Revolution’ – Turning Around Local Government

On the 5th October the Chancellor George Osborne, set out the Government's plans to devolve powers from Whitehall to local areas in a bid to stimulate economic growth. The initiative was heralded as the “biggest transfer of power to local gove...




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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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Is a domain name a property right?

The importance of the internet and the role that e-commerce plays in a company’s business have increased significantly over the past few years with many successful companies operating predominantly, some even exclusively, from online platforms...




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Retail groups with Swiss financing arrangements

The Swiss Federal Supreme Court recently considered whether a dividend distributed by a Swiss company that participated in a zero balancing financing arrangement had been distributed lawfully. The case refers back to 2001 when Swisscargo AG distribu...




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3D printing at home: what does it mean for retailers and IP owners?

3D printing is becoming an increasingly versatile and commercially attractive tool. The technology has many applications beyond its roots in prototyping and it is being used to create products such as clothes, cars, musical instruments and even huma...




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E-Commerce Sector Inquiry E-Briefing

  Introduction On 6 May the European Commission (“the Commission”) announced the launch of a competition law inquiry into the e-commerce sector, where it is believed that companies who engage in selling via the internet may be employing methods...




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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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Commission probes online restrictions on retailers - e-commerce sector inquiry update

It has been reported that the European Commission (the “Commission”) is asking retailers to detail the difficulties they face while trying to sell their products online, as part of the lengthy questionnaires sent to the retailers followi...




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The Consumer Rights Act 2015 – Less Than A Month To Go…

The UK’s new Consumer Rights Act ( the “CRA” ) becomes effective on the 1st October 2015. As we have previously mentioned whilst this consolidates existing UK consumer law it also brings in some significant changes to the laws appl...




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All change on business rates: 2017 revaluation, “Check Challenge Appeal” and other developments

The last two years have brought challenging times for ratepayers and there is little respite on the horizon. With the 2017 Revaluation looming, rateable values are likely to increase substantially throughout large swathes of the country. Together wi...




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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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Timber Regulation: Recent updates and developments

Background Since coming into force in 2013, the EU Timber Regulation 995/2010 (“Timber Regulation”) has placed a due diligence obligation on businesses, requiring systems to be put in place to minimise the possibility that illegally harv...




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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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E-commerce: can luxury brands prevent retailers selling via online marketplaces?

On 26 July 2017, the European Court of Justice (“ECJ”) published an opinion issued by Advocate General Nils Wahl (the “AG’s Opinion”) indicating that luxury brands may prevent retailers from selling via online marketpla...




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Shipping and International Trade: what the Insurance Act 2015 means for you

On 12 August this year, the Insurance Act 2015 will introduce the most significant changes to insurance law in 110 years – how will it affect the shipping industry? The Act applies to all insurance policies taken out by businesses which are subject ...




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Shipping: incorporation of time charterparty terms into a bill of lading

Reviewing the law and the impact on it of both the arguments in the Anna Bo [2015] 2 Lloyd’s Rep 578 and the Congenbill 2016 form The issue Bills of lading often include wording which purports to incorporate charterparty terms. Attempts to inc...




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Passengers’ Rights – Applying the Consumer Rights Act 2015

Following a consultation on the Consumer Rights Act 2015 (the ‘Act’), the Government has confirmed that the way in which transport operators cap their liability to customers to compensate for delays or cancellations to services must be c...




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Rail Passengers’ Rights – Applying the Consumer Rights Act 2015 to the Rail Sector

Following a consultation on the Consumer Rights Act 2015 (the ‘Act’), the Government has confirmed the way in which train operators cap their liability to customers to compensate for delays or cancellations to services must be consistent...




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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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Brexit: what might it mean for the aviation sector?

In our pre-referendum briefin...




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Rail Technology: The Transport Select Committee makes recommendations for the delivery of the Digital Railway programme

What is the Digital Railway programme? The Digital Railway programme is a Network Rail led initiative to modernise train command, control and signalling systems used on the British railway network with the aim of substantially improving the capabili...




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UK: Regulation of Network Rail: An update on ORR’s PR18 framework consultation, “Overall framework for regulating Network Rail: A PR18 Consultation – July 2017”

What is the purpose of the Consultation? The Office of Rail and Road (the “ORR”) is engaged in the 2018 regulatory review of Network Rail, known as the 2018 Periodic Review or “PR18”. PR18 will determine what Network Rail mus...




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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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Transport for the North to become a statutory body

Background As part of the Government’s commitment to the “Northern Powerhouse” agenda, legislation to turn Transport for the North (“TfN”) into a statutory sub-national transport body with legal powers and duties has be...




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Highways England starts its market and supply chain engagement for two major transport projects under the new PF2 approach

Highways England are moving forward with the A303 Stonehenge project (A303) and the Lower Thames crossing (LTC) and will be starting their market and supply chain engagement in March 2018. These projects are two of the largest in Highway England's R...




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Airlines Face Turbulence Over Compensation Payments Following Supreme Court Decision

Intro / Summary The Supreme Court has refused to grant Emirates permission to appeal the Court of Appeal’s decision in the joint case of Gahan v Emirates and Buckley and ors v Emirates meaning the Court of Appeal’s decision to award comp...




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Tunisia: The Prime Minister launches strategic pipeline of over 30 new large-scale PPP projects at International Investor Forum

Following close consultation with IFI's including the IFC, World Bank and EBRD, Tunisia has launched a review process to aid with the structuring and implementation of new PPP projects. Eversheds Sutherland was privileged to have been spec...




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Rail Network Enhancements Pipeline Update (Autumn 2019) - Government provides update on rail enhancement projects seeking DfT funding

Background On 16 October 2019 the Department for Transport (“DfT”) issued its “Rail Network Enhancements Pipeline Update” for Autumn 2019 (the “Enhancements Pipeline Update”). A copy of the Enhancements Pipeline U...




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Coronavirus – Department of Transport Regulations – South Africa

A notice was published in the government gazette on 30 March 2020, in terms of which the minister of transport (the “Minister”) has, in terms of section 18(7) of the National Road Traffic Act (No. 93 of 1996), extended the licensing and ...




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The implementation of the GDPR in Romania

We report on Romania’s recently introduced data protection law, focussing on the provisions relating to the processing of national identification numbers and the rules on the use of CCTV and monitoring in an employment context. In July 2018, R...




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Shining a light on what “necessity” means for GDPR & tightening up “contract” as a lawful processing ground in the context of “online services”

The European Data Protection Board (EDPB) has published a set of guidelines (in draft) for public consultation. These will be absolutely key to providers of online services, such as social media, e-commerce, internet search engines, communication an...




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What “necessity” means for GDPR – our eight point summary

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Consultation on proposals to regulate consumer IoT device security

On 1 May 2019 the UK government, through the Department for Digital, Culture, Media & Sport, launched a consultation on its proposals to regulate the security of consumer Internet of Things (“IoT”) or “smart” devices, whi...




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UK adopts new EU-driven restrictive measures to deter and respond to external cyber-attacks through financial sanctions

On 17 May 2019, the European Council established a framework and implemented a new sanctions regime which now allows the EU to impose targeted sanctions to “deter and respond to cyber-attacks which constitute an external threat to the EU and i...