The annual report published by BIS on trade union membership has just been published and contains new statistics for 2010. As in previous years, it tracks an ongoing decline in trade union membership levels and, similarly, a fall in the number of em...

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The labour broker industry faces great pressure to comply with the changes to the Labour Relations Act 66 of 1995, as amended, (“LRA”) read with amendments giving effect to the ‘equal pay for work of equal value’ principle in...

The European guide to strikes and other industrial action has been created by Eversheds Sutherland to provide you with a quickand easy reference when responding to threats of industrial action in 15 European countries. Click here to download the pub...

The highly anticipated new National Minimum Wage Act No. 9 of 2018 (“NMWA”) came into operation on 1 January 2019. It is important to note that section 17(4) of the NMWA, which provides that the application of the new minimum wage applie...

A prevalent issue currently being raised by Defendant solicitors in relation to professional negligence lender claims is securitisation. The question being asked on a regular basis is whether mortgages have been securitised. The question following t...

Over the past decade various attempts have been made to ensure civil litigation and "access to justice" are affordable to all. Indeed when the Woolf reforms were introduced over ten years ago one fundamental tenet of these reforms was to make the co...

Currently CPR 55.10 provides that where a mortgagee seeks possession of land which consists of or includes residential property the claimant must send a notice to the property addressed to 'the occupiers' within 5 days of receiving notification of t...

Attempts at digital transformation, which have sometimes been slow in Tunisia, are now forced and obliged to succeed in order to guarantee continuity of work, economy and even life during the country's lockdown. The digital transformation is a stron...

The English High Court, in the recent case Kairos Shipping Limited v. Enka & Co LLC & Others (Atlantic Confidence) [2013] EWHC 1904 (Comm), considered whether or not a tonnage limitation fund may be constituted by provision of a P&I club...

On 31 July 2014, the Council of the European Union (the “Council’) adopted Regulation (EU) No 833/2014 which implements Council Decision 2014/512/CFSP...

Emirates Trading Agency LLC v. Prime Mineral Exports Private Limited [2014] EWHC 2104 (Comm) Facts Emirates Trading Agency (Emirates) agreed to buy iron ore from Prime Mineral Exports (PME) but failed to collect all the order. PME claimed liquid...

The EU has today published further sanctions against Russia, following agreement between the EU and the US that additional measures were required to respond to, what the EU and US view as, Russia’s continued efforts to destabilise the Ukraine....

A new online registration, certification and reporting system was recently introduced in the UK, applying to all employee share plans and arrangements. The first major deadline for online reporting is approaching (6 July 2015) and employers should b...

The Commercial Court was asked to consider whether a cargo of LNG could be a cargo injurious to the Vessel. The Facts By way of a Time-Charterparty dated 3 January 2011 AOM chartered the LNG Gemini (the “Vessel”) to Golar Commodities Ltd...

As the shipping community is truly internationally based, issues can often arise when a formal claim is issued in the English High Court that then has to be served outside the UK jurisdiction.  For example, if a dispute arises between a ship ow...

The changes to the Brussels Regulations apply to civil and commercial proceedings commenced on or after 10 January 2015 and are applicable in all 28 EU Member States. The Regulations determine the jurisdiction of commencement of litigation in Courts...

Synopsis Pursuant to a contract of sale (the “Contract”) the respondent seller (the “Seller”) agreed to build and sell to the claimant buyer (the “Buyer”) a 9,400 dwt chemical tanker, the Delivery Date (as defined...

Buyers of immovable property must think very carefully before paying deposits. If for some reason the sale is cancelled, the purchaser remains liable for transfer duty on the deposit that is forfeited to the seller (in terms of section 5(2)(a) of th...

Laporte v Commissioner of Police of the Metropolis [2015] EWHC 371 (QB); [2015] 3 Costs L.R. 471 In this case, the Court considered the extent to which a refusal to engage with alternative dispute resolution ("ADR"), (in this case med...

Reviewing the notification requirements in the InterClub Agreement in the wake of Ipsos S.A. v Dentsu Aegis Network Limited (previously Aegis Group plc) [2015] EWCH 1171 (Comm) The Background The recent decision in Ipsos S.A. v Dentsu Aegis Network ...

The Supreme Court’s decision in Zurich Insurance PLC UK Branch v International Energy Group Limited provides some clarity to the position of Clubs who face long-tail work related illness claims where multiple employers or insurers were involve...

Bunge SA v Nidera BV [2015] UKSC 43 This case was first brought to the attention of the Commercial Court in June 2013, when an appeal on the ruling of the first arbitral panel was sought by the Claimant, Bunge SA (“Bunge”). The matter at...

The Court of Appeal’s decision in The South West Strategic Health Authority v Bay Island Voyages [2015] EWCA Civ 708 provides guidance on the application of the Athens Convention 1974 in contribution claims against carriers. The Facts On 26 Au...

The buzzword for the post-Brexit landscape both in Europe and further afield is ‘uncertainty’. No-one really knows the long term effect that Brexit will have on local and global economies. However, as the dust settles following the ...