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Lawbite: Injunctions – the ‘intention’ is clear

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 ...




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Coronavirus - Information for communities of condominium owners and administrators of residential properties - Germany

SARS-CoV-2 ("Corona") The SARS-CoV-2 virus, also referred to as "Corona", has reached Germany with significant effects across all industries. This article aims at answering the specific issues which communities of condominium owners and administrato...




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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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FCA consultation paper on discretionary commission models and commission disclosure

1. FCA Final Report on Motor Finance In March 2019, the FCA published its Final Report on motor finance. Our briefing note on the Final Report can be found Full Article



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Court refuses to interfere with FOS’s decision-making on PPI complaint

Summary The High Court has recently handed down its judgment in R (Critchley) v Financial Ombudsman Service and two others [2019] EWHC 3036 (Admin).  The applicant, Mrs Critchley sought to challenge FOS’s rejection of her PPI complaint on...




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High Court reaffirms tests for (i) a non-disclosure order and (ii) setting aside a without notice order due to non-disclosure

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...




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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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Coronavirus: FCA issues guidance on repossessions during COVID-19 “social distancing” period - UK

On Friday 20 March 2020 the FCA issued guidance to supplement the government’s recent pledges of support for mortgage customers.  In this article we: summarise the key guidance relating to payment holidays and repossessions highlight tha...




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Why Kingsoft Cloud's Initial Reports Are Promising





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The 2020 IPO Market Is Now Up 43% From Its Lows, A Promising Sign For May




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The IPO Market's Slowest Spring Since The Financial Crisis




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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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Cases for Christmas – some last minute pension treats

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...




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Coronavirus Job Retention Scheme: key pensions issues - UK

On Thursday 27 March, the UK Government released fuller details of the new Coronavirus Job Retention Scheme (or “Furlough Scheme”) first announced on Friday 20 March, with guidance being published for both employers and Full Article



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Pensions Regulator’s expectations on funding and communications in a crisis

The Pensions Regulator has issued its 2020 annual funding statement which provides more guidance for plans going through a valuation process and new Full Article



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Coronavirus - Compliance risks for companies under the Infection Protection Law - Germany

I. Introduction The Covid-19 pandemic poses new challenges to society as a whole and to each individual. The rapid spread of the virus is currently prompting political decision-makers to react just as quickly by developing and adopting new measures...




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What is your entitlement to interest?

Louise Hoyle considers the Court’s current approach to interest on costs and how parties can maximise and mitigate interest payments. At a time when interest rates continue to be low, receiving interest on unpaid legal costs at 8%, the rate se...




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Coronavirus - Webinar - Listen again - In-depth insights and practical advice regarding Force Majeure, Frustration and reconsidering Commercial Contracts – UK

Listen as our panel answer some of the most common questions clients have asked us over recent weeks as well as digging into more detail around how your business should proceed with specific legal and technical challenges. A recording of the session...




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Safety Considerations: Premises Closure

Overview for owners and occupiers 1. Introduction 1.1. In the current climate many businesses are faced with the difficult decision as to whether they can continue with their operations at this unprecedented time; none more so than those who operate...




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So what now? Where low occupancy poses water-borne risks

The focus of most organisations during this coronavirus pandemic has rightly been on the health and safety of employees and the general public in tackling the spread of the virus. As the ‘new normal’settles in, and questions are asked a...




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Coronavirus – FCA issues further guidance on complaints handling during the lockdown - UK

On 1 May 2020, the FCA published a statement clarifying its position on complaints handling and offering some relaxation of the rules in light of the practical challenges associated with the COVID-19 pandemic.  The regulator says it will review...




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More Bucks than Fizz, the Law Commission's SAR reform report

Zia Ullah, Head of the Firm’s Corporate Crime & Investigations practice, and Ruth Paley, Of Counsel, take a look at the Law Commission’s report into SARs reform published this morning, and consider the implications for the regulated ...




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EU black and grey lists of high-risk countries back on the agenda

In a resolution published on Thursday, the European Parliament has urged the EU Commission to apply a ‘transparent process’ in formulating revised blacklist of third countries with strategic AML/CFT deficiencies, suggesting an ...




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EBA publishes ambitious workplan for 2020, warning that it cannot be a ‘supervisor of supervisors’ and hinting that further centralisation may be the only way to ensure a ‘truly European approach’ to AML/CTF

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...




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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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Trying fraud in a crisis

At the end of March, as the impact from the UK’s Coronavirus restrictions began to hit the criminal justice system hard, the CPS published an Interim Charging Protocol, agreed with the National Police Chief’s Council (the “Pro...






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Stay Away From SEK Until Headwinds Dissipate








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




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Wall Street Vs. Main Street: The Epic Battle Continues - The Australian And Canadian Dollars Could Rise






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Procurement Briefing Issue 1 2006 - The new procurement Directives

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Procurement Briefing Issue 2 2006 - EC procurement thresholds from 31 January 2006

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Procurement Briefing Issue 3 2006 - Competitive dialogue - A brave new world

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Procurement Briefing Issue 4 2006 - Awarding contracts to in-house companies

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Procurement Briefing Issue 1 2007 - Bidder beware?

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

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Negotiating isn’t mandatory for Contracting Authorities

As Contracting Authorities will be aware, in circumstances where the Negotiated Procedure is used, they are able to negotiate with tenderers in order that their tenders can be adapted to meet the requirements in the contract notice, the specificatio...




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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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An alternative purchase price mechanism for M&A transactions

This article examines an alternative to the two predominant purchase price mechanisms used in M&A transactions in South Africa. When applied correctly, it leads to an expedited determination of the final purchase price and allows for flexibility...




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Private Companies in South Africa: Practical and Legal Considerations Concerning Acquisitions and Disposals

Mergers and acquisitions (“M&As”) involving privately held companies in South Africa entail various legal, financial and other issues. Advanced preparation and an understanding of the fundamental practical and legal issues concerned ...