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European Commission publishes final report on Sustainable Competitiveness of the Construction Sector and issues public consultation

The European Commission has recently commenced a consultation exercise regarding future sustainability and competitiveness within the EU construction sector. This consultation was initiated following the publication of the Commission report on the S...




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Eversheds' developers and construction e-briefing: Implications of recent disturbances on the Construction Sector

Welcome to some important ‘news’ for the Developer & Construction sector. I predict a riot: What you need to consider if your building site is impacted by the recent disturbances The current riots/disturbances in cities across Engl...




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I predict a riot: What you need to consider if your building site is impacted by the recent disturbances

The current riots/disturbances in cities across England raise a number of issues in relation to construction sites. These will include fundamental health and safety issues but it also raises important considerations in relation to any damage or...




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Community Infrastructure Levy: navigating the minefield

The introduction of Community Infrastructure Levy (CIL) charging schedules by many local authorities is now gathering pace, as is demonstrated by the Mayor of London’s CIL charging schedule which is likely to be approved by 1 April 2012. If th...




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Education Procurement Briefing: Supreme Court dismisses Edenred's challenge to the government's decision not to tender for the administration of a new childcare scheme

In Edenred (UK Group) Ltd v (1) Her Majesty’s Treasury (2) Her Majesty’s Commissioners for Revenue and Customs (HMRC) (3) National Savings and Investments [2015] UKSC 45, the Supreme Court unanimously dismissed Edenred’s challenge ...




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Supreme Court dismisses Edenred’s challenge to the government’s decision not to tender for the administration of a new childcare scheme

In Edenred (UK Group) Ltd v (1) Her Majesty’s Treasury (2) Her Majesty’s Commissioners for Revenue and Customs (3) National Savings and Investments [2015] UKSC 45, the Supreme Court unanimously dismissed Edenred’s challenge to Her ...




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High Court challenge leads to the setting aside of a contract award decision on the grounds of manifest error, breach of transparency and equal treatment

In Woods Building Services v Milton Keynes Council [2015] EWHC 2011 (TCC), the High Court upheld a challenge by an unsuccessful bidder (“Woods”) of a tender process undertaken by Milton Keynes Council (the “Council”) on the g...




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Publication of the Utilities Contracts Regulations 2016 (the “UCR 2016”), the Concession Contracts Regulations 2016 (the “CCR 2016”) and the Public Procurement (Amendments, Repeals and Revocations) Regulations 2016

Following the public consultation on the draft UCR 2016 and CCR 2016, the new regulations have now been laid before Parliament and will come into force on 18 April 2016 (subject to a number of exceptions in the UCR 2016 which will come into force at...




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The risk of fishing expeditions in the context of public procurement law challenges: a price worth paying to ensure transparency and equality of treatment? (Bombardier v Merseytravel)

Introduction In a recent judgment on an application to vary consent orders relating to the establishment of a confidentiality ring (Bombardier Transportation UK Limited v Merseytravel [2017] EWHC 726 (TCC)), the court decided that despite some conce...




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Public procurement case law update: The need to clarify the consequences of failing to meet an award criterion

MLS (Overseas) Limited v The Secretary of State for Defence [2017] EWHC 3389 (TCC) Summary In a recent judgment following a challenge to a competitive procurement process run by the Ministry of Defence (“MoD”) (MLS (Overseas) Limited v T...




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Case E-16/16, Fosen-Linjen AS and AtB: An EFTA Court case clarifying key aspects of EU procurement legislation

Introduction Relevant facts The Court’s decision Whether the Remedies Directive permits the imposition of conditions for claiming damages Clarifying the burden of proof when claiming damages for loss of profit Grounds on which a contracting...




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The question of a “sufficiently serious” breach: a relevant consideration in the review of applications for the lifting of automatic suspensions?

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 ...




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Land development agreements and public procurement regulation: Faraday Development Ltd v West Berkshire Council [2018] EWCA Civ 2532

In its Faraday decision the Court of Appeal has set aside a concluded land development agreement between a local authority and a developer for having been concluded in breach of procurement legislation. This is the first time that an English court h...




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Public Procurement and Government Contracts 2019

We have contributed to the The Public Procurement and Government Contracts guide published by Chambers and Partners. It provides expert legal commentary on key issues for businesses. The publication covers the important developments in the...




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Chambers Public Procurement and Government Contracts 2019 Second Edition

The 2019 edition of the Chambers Public Procurement and Government Contracts is now live. The contributing editor of the Guide is Dr Totis Kotsonis, competition lawyer and head of procurement at Eversheds Sutherland.   Read the Introduction pie...




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Public Procurement & Government Contracts

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Revised EU thresholds regarding public procurement and concession contracts, with Belgian specifics

The European Commission has revised the thresholds relating to the award procedures of public contracts and concession agreements by means of four separate Commission Delegated Regulations, adopted on 30 October 2019, which entered into force on 1 J...




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Coronavirus – Public procurement contracts – Belgium

The Royal Decree of 14 January 2013 provides in its Article 38/9 an opportunity for revision of procurement documents during the performance of a public procurement contract, where unforeseeable circumstances arise for the contractor. (1) The said R...




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Chambers Global Practice Guide - Public Procurement and Government Contracts

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Coronavirus – Impact on procurement processes - UK

Public sector bodies face many challenges as a result of the outbreak of coronavirus.  Contracting Authorities may need to procure goods, services or works urgently to deal with these challenges.  Challenges caused by the outbreak may be e...




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The Russian Supreme Court brings clarifications to the relationship between co-owners of intellectual property

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Trade marks Relating to the Coronavirus

In every crisis, there will be those who seek to get the most out of it. To that end, there has recently been a raft of trade mark applications worldwide seeking to register trade marks related to the novel coronavirus disease (COVID-19), including ...




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Coronavirus – Medical devices and biocide – Europe

While medical professionals everywhere around the globe are working as hard as they can, both them as well as consumers are trying to get protective products to remain healthy and, where possible, prevent being contaminated. It is clear that in seve...




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Coronavirus - Intellectual Property office protocols and key challenges in light of COVID-19 - Global

The coronavirus outbreak and various responses by authorities across the globe have prompted several amendments to government Intellectual Property Offices (“IPOs”), courts, and in some cases filing deadline extensions. These specia...




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Open Solar Contracts Webinar

We will be hosting the global webinar on 30 March at 12.30pm. The webinar should last approximately 60 minutes. ...




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Coronavirus: In-depth insights and practical advice regarding Force Majeure, Frustration and reconsidering Commercial Contracts Webinar - 3 April 2020

The law on force majeure differs from country to country, not least between common law and civil law jurisdictions. We have produced a both a Global Guide to Force Majeure and an Asia-Pacific Guide to Force Majeure that provides some preliminary ad...




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Student contracts and consumer law compliance

Higher education providers and further education colleges have continued to face close scrutiny of their student contracts and accommodation contracts for compliance with consumer and contract law. ...




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Covid-19 Implications on African Solar Industry

Join the experts on Friday 17 April, 1pm, to learn more about these impacts, the different national responses to the pandemic and the potential mitigation strategies applicable to the solar industry....




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Webinar and Live Q&A Clinic: Managing Real Estate Contract Risk

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...




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IP commercialisation for education institutions - webinar

In this webinar for education institutions we will cover:...




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Post-COVID-19 re-entry/return-to-work planning

The discussion will cover core planning and implementation teams, assessment of existing models, risk assessments, implementation of safety measures, screening measures, return to work plans, wellbeing and welfare and limiting legal risks....




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Essentials for academy clerks and company secretaries

Becoming an academy confers legal responsibilities under company and charity law which many schools and sponsors are unfamiliar with....




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Covid-19 - Policy for supporting renewables and how banks are approaching renewable projects impacted by the virus

The Energy Transition Club and the REA are hosting a webinar on Wednesday 6 May at 11am for 90 minutes....




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Handling complex, reputationally sensitive and high value disputes in the world of Covid-19

In this session we look at high value/reputationally sensitive disputes in the education sector. Running a university or Higher Education Institution is always a complicated business – and never more so than now. The sector is facing a time of unp...




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Eversheds Sutherland EHS and Employment clinic webinar - Recover, Reset, Re-engage - Preparing to Return to Work - 11 May 2020

With the Prime Minister due to address the nation on the government’s strategy to ease the lockdown on Sunday 10 May 2020, our Health, Safety and Employment clinic returns the following day to focus on the practical application of transitioning a wo...




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A new immigration system – what it will mean for your recruitment of non-British/Irish staff and an update on the implications of covid-19 - webinar

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...




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Webinar - COVID-19: The continuing rise of pension scams, with guest speaker Margaret Snowdon OBE

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...




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A new immigration system – what it will mean for your recruitment of non-British/Irish students and an update on the implications of covid-19 - webinar

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




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Legal privilege and without prejudice webinar: “Keeping Communications Confidential”

This session will cover how legal privilege can be used to keep documents and communications confidential and how and when to use without prejudice. An essential guide to confidentiality and avoiding some of the pitfalls in real estate disputes. ...




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Protecting your IP when contracting with third parties – IP development and exploitation agreements – webinar

In this webinar for education institutions we will consider: - contract principles - early questions to consider: • what is the purpose of collaboration? • what IP may be generated? • who owns background IP? ...




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An introduction to contracts - what to look out for when negotiating

We will look at the legal essentials for contract formation and the meaning of some common clauses found in contracts. ...




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Nuts and bolts of possession – commercial

A review of the legal framework for recovering possession of commercial premises. When might a tenant have security of tenure and what does it mean if it does? A practical guide to understanding the 1954 Act regime and some tips for successfully nav...




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Pensions education sector annual conference

Following the success of our inaugural pensions education sector conference 2019 we will be holding another conference next year in our Birmingham office. ...




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IHC HR e-briefing 99: EU prompts complete rethink of Working Time Directive

The EU Commission has today taken the first step towards a comprehensive review of the Working Time Directive (WTD). This is despite last year's failure to agree changes to the treatment of on-call time or amendments to the 48 hou...




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IHC HR e-briefing 106: the coalition - prospects for employment law?

The Conservative and Liberal Democrat Coalition Agreement provides some clues as to the future development of employment law under the new Government. The seven page document is an interim agreement and will be followed "in due course" by a final Co...




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IHC HR e-briefing 113 - Is this farewell to the "Two Tier" Code?

There are rumours that Government is set to withdraw the so called "Two Tier Code" in public sector outsourcing contracts, a move which would represent a significant policy change, albeit not an unexpected one. Abandoning the Code would be likely t...




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IHC HR e-briefing 117 - Disability discrimination: in preserving the status quo, the Court of Appeal takes a radical leap!

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...




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IHC HR e-briefing 118 - The ECJ clarifies the effect of a relevant transfer on trade union recognition

After more than 10 years of European legal protection for employees in the event of a relevant transfer, many aspects of the Transfer of Undertakings Directive 2001 (Council Directive 2001/23/EC) and its predecessor have by now been litigated over a...




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IHC HR e-briefing 120 - Legal professional privilege and in-house lawyers: EU declines to extend the scope

Those in legal practice are all too aware of the benefits but also the limitations of legal professional privilege, none more so than lawyers working in-house. Where such protection arises in the context of UK practice is reasonably well settled. Ho...




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IHC HR e-briefing 125 - Equality Act 2010: public sector duties in Wales and Scotland

The Scottish Government and the Welsh Assembly Government have issued consultation documents setting out their plans for specific duties for their respective relevant public bodies. These specific duties will supplement the new general duty, introdu...