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Coronavirus – Returning to work after lockdown – Global

On 15 April 2020 the European Commission set out a European ‘roadmap’ designed to manage the structured exit from various lockdown measures across member states within the E.U. European countries that have recently taken the first tentative steps to...




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Affordable housing construction briefing: contractor insolvency - warning signs

In the current uncertain times it is common to hear rumours of financial difficulties at contractors and sub-contractors which are bound to cause concern for employers on construction works. However, there are a number of steps yo...




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Eversheds' developers, construction and infrastructure newsletter: a response to the Comprehensive Spending Review

The spending review The Coalition Government has released the eagerly anticipated Comprehensive Spending Review which sets out its spending plans for reducing the £155 billion annual deficit. As the government had already announced its inten...




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The Construction Sector – A Budget for Growth?

The 2011 Budget contained little in the way of direct headline statements impacting specifically on the construction industry. However, there were a few notable measures announced, such as the £200 million new investment in rail projects, the ...




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Transfer of private drains and sewers to the water and sewerage companies

Regulations to effect the transfer of virtually all private sewers and lateral drains to the water and sewerage companies have now been made, and will take effect on 1 July 2011. For the majority of installations, the transfer is planned to take eff...




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Eversheds' developers and construction e-briefing: Special report on changes to construction contracts

Special report on changes to construction contracts to come into force on 1 October 2011 The statutory framework that governs all construction contracts is changing on 1 October 2011.Part II of the Housing Grants, Construction and Regeneration Act 1...




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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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Tenants now have the freedom to choose energy suppliers

Following a recent change in the law relating to the supply of electricity and gas, landlords of multi-occupancy premises must now allow their tenants to connect to energy suppliers of the tenants' choice.  The landlord can only refuse if it is...




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Changes to the rules for Energy Performance Certificates in April 2012

The rules as to when Energy Performance Certificates (“EPCs”) need to be obtained will change on 6 April 2012. In relation to both sales and lettings of property, whether commercial or residential, an EPC will need to be commissioned bef...




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Lawbite: When a business tenancy “ought not” to be renewed

Youssefi v Mussellwhite [2014] EWCA Civ 885 Horne & Meredith Properties Ltd v Cox [2014] All ER (D) 194 These two cases concern opposition to lease renewals on the grounds of the tenant’s breach of covenant (“grounds (a), (b) and (c)...




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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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Top tips for avoiding clawback of European funding in procurements

The European Commission has recently published its Public Procurement Guidance for Practitioners on the avoidance of the most common errors in projects funded by the European Structural and Investment Funds ("the Guide"). We have helped...




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Publication of statutory guidance on supplier selection and a revised standard Selection Questionnaire

The Crown Commercial Service (“CCS”) has now published a revised standard Selection Questionnaire and guidance in the form of Procurement Policy Note (PPN) 8/16. This can be found here. PPN 8/16 supersedes and replaces PPN 3/15 which con...




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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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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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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 - 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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Eversheds Sutherland webinar offering guidance on how a virus is spread and what health and safety precautions to take during the pandemic - 15 April 2020

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?...




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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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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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How to effectively settle a dispute – what are the options for dispute resolution and what are the differences? - webinar

Alternative forms of dispute resolution are becoming ever more common. Encouraged by the courts and increasingly favoured by parties, options such as mediation, arbitration and adjudication are becoming more widely used. But what are the differences...




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An introduction to trans-national agreements

This session will cover an introduction to academic collaborations and contracts with international agents. We will also cover topics such as due diligence, common clauses, local advice and what to do when things go wrong....




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Challenging times in the new regulatory regime – when and how to challenge the OfS

Two years in, the way OfS is exercising its powers is really starting to shape the sector. The dynamics between an institution and its regulators can be complicated but getting the relationship right is ever more critical for any institution to thri...




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Reverters and how to spot them

This webinar will provide delegates with an introduction to the rights of reverter, which may result in unexpected consequences where land ceases to be used for certain educational purposes....




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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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Health & safety summer school 2020 - hot topics and theatre

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. ...




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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 100: the right to request time off for training or study the right to request time off for training or study

From today, a new right for employees to request time off work to undertake training or study applies to all businesses in England, Scotland or Wales with 250 or more employees. For employers familiar with the right to requ...




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IHC HR e-briefing 104: Which way now? Employment law and the manifestos

Our recent poll sought your views on the areas of employment law you would most like to see reformed following the election. Unfair dismissal protection, employment tribunal practice and procedure and retirement age an...




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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 116 - Default retirement age to be abolished next year

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...




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IHC HR e-briefing 119 - Equality Act 2010: public sector duties

The Government Equalities Office (GEO) has launched a consultation into the specific public sector duties that it intends to apply to certain public bodies pursuant to section 153 of the Equality Act 2010. The proposals affect public bodies operati...




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Equality Act 2010: public sector duties

The Government Equalities Office (GEO) has launched a consultation into the specific public sector duties that it intends to apply to certain public bodies pursuant to section 153 of the Equality Act 2010. The proposals affect public bodies operati...




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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 122 - Employment law changes from 1 October 2010

We have set out below a summary of the notable legislative changes from 1 October 2010. Equality Act 2010 Regulations have recently confirmed which parts of the Equality Act 2010 will take effect on 1 October this year and which parts are currentl...




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IHC HR e-briefing 123 - European case set to boost paternity rights

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...




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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...




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Handling electronic disclosure from October 2010

The change Important new guidance for giving disclosure of electronic documents in civil litigation was introduced on 1 October 2010. A new practice direction (31B: the Electronic Disclosure PD)  will have a significant impact on substantial c...




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IHC HR e-briefing 133 - Government confirms October abolition of default retirement age

The Government has today published a response to its public consultation on plans to abolish the default retirement age. Although the regulations by which this will be effected are unlikely to be published for a few weeks, the Government has confirm...




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IHC HR e-briefing 142 - Changes to pay procedures

From 6 April 2011 significant changes will be made to the operation of PAYE on both payments made to employees following the termination of their employment and on the engagement of new employees who fail to provide a P45. From that date, employers ...




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Eversheds' IHC HR e-briefing 144: Progress on public sector specific equality duties

The Government Equalities Office (GEO) is proposing to make significant changes to the planned specific equality duties that will apply to certain public bodies in England, as well as some operating across Great Britain. The Welsh Assembly Governme...




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Eversheds' IHC HR e-briefing 145: Local government two-tier code to be scrapped

The Government has confirmed that the Code of Practice on Workforce Matters in Local Authority Service Contracts is to be withdrawn. It is not yet clear when the withdrawal will take effect. The Code applies in England and Wales to local authority ...




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China’s government has tamed dragon investors and harnessed them to ride for the state

As originally published in React News Beijing is determined all outgoing investment will align with China’s strategic goals Stockholm - home of ABBA and fermented herring. A fish so pongy, the Swedes o...




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Eversheds Sutherland property column: October 2019

Chris Mullings of Eversheds Sutherland discusses the different contractual arrangements for options, pre-emptions and rights of first offer, and considers which might best suit particular circumstances and whether the parties really meant what they ...