to

Lawbite: Keep your ear to the ground

In the matter of an application by (1) Gary Owen (2) Heather Lynn Richards [2019] UKUT 171 (LC) A recent Upper Tribunal case highlights the importance of ensuring that applications to modify or discharge restrictive covenants are made on the correct...




to

Lawbite: The takeover of 5G – proposed reforms to permitted development rights

In August 2019, the Government consulted on the principle of amending permitted development rights in England to grant planning permission for mobile infrastructure to support deployment of 5G and extend mobile coverage. The Government is committed ...




to

Lawbite: Changing with the times – refusing consent to residential use

Sequent Nominees Ltd (formerly Rotrust Nominees Ltd) v Hautford Ltd [2019] UKSC 47 The Supreme Court has overturned the decision of the two lower courts and held that a landlord was reasonable to withhold its consent to the tenant’s applicatio...




to

Supreme Court ruling to impact on registration of town and village greens

The Supreme Court has issued an important decision which considers whether land can be registered as a town or village green where that land has been acquired by a statutory undertaker and is held for purposes that are inconsistent with the use of t...




to

Lawbite: Landlords’ duties to occupiers

Essex County Council, Havering College of Further and Higher Education, The Governing Body of Sawyers Hall College v Davies and others [2019] EWHC 3443 A recent High Court case has reaffirmed the well-established rule that a landlord does not owe a ...




to

Lawbite: You seem to have overlooked my privacy…

Giles Duncan Fearn (2) Gerald Kraftman (3) Ian McFadyen (4) Helen Claire McFadyen (5) Lindsay Urquhart v The Board of Trustees of the Tate Gallery [2020] EWCA Civ 104 The Court of Appeal has dismissed an appeal made by residents of luxury glass-fron...




to

Lawbite: Court of Appeal saves defective statutory notices

Nigel Crighton Pease v Jeffrey William Carter and Louise Mary Carter [2020] EWCA Civ 175 A recent Court of Appeal decision found that notices of proceedings for possession under s.8 of the Housing Act 1988 were valid despite an error in a key date ...




to

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...




to

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...




to

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...




to

Cryptocurrency AML Regulation: 10 January 2020 Regime

As part of the UK Governments’ ongoing programme to implement the European Union’s Fifth Money Laundering Directive (5MLD) in UK law, the FCA will begin supervising Anti Money Laundering and Countering Financing of Terrorism (AML/CFT) co...




to

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...




to

Court of Appeal finds that injunctions against “persons unknown” can (i) be framed by reference to a defendant’s intention and (ii) prohibit lawful conduct

Cuadrilla Bowland Ltd & Ors v Persons Unknown & Ors [2020] EWCA Civ 9 Background In Boyd v Ineos Upstream Ltd...




to

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...




to

Developing purposeful cultures in the financial services sector

The FCA recently published a discussion paper on transforming culture in financial services. The paper is a collection of short essays by industry leaders, professional bodies and culture experts and is aimed at helping firms to develop and emb...




to

Wall Street-Tweak: Inform Retail Investors Of The Stock Borrow Earnings They Lose Out On.




to

Arlo Can Reattach To Growth




to

More updates needed to your scheme’s statement of investment principles

Unexpectedly, the Government has issued regulations which will require trustees to make further changes to their Statement of Investment Principles (SIP) from 1 October 2020. They will also require additional disclosures in relation to investment pr...




to

What do pension schemes need to say about ESG, climate change and stewardship?

Trustees and providers of pension schemes face ever increasing and changing legal duties to have policies on and disclose how they deal with stewardship and environmental, social and governance (ESG) issues. This article pulls the new rules together...




to

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...




to

Pensions Agenda - October 2019

...




to

Time to pay one’s DEWS

...




to

Consultation on the Pensions Regulator’s new DB Funding Code - What you need to know

The Pensions Regulator has published the first of its long awaited consultations on a new DB Funding Code. This consultation covers the principles underpinning the Regulator’s approach. A second consultation will follow later in the ...




to

Coronavirus - The Pensions Regulator’s guidance on COVID-19 - UK

The Pensions Regulator recognises that these are “unprecedented times” and that trustees and employers are facing significant and complex challenges across a range of issues including administration, investment, funding and employer cove...




to

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



to

Lack of costs advice or estimates results in solicitors’ invoice being heavily reduced

Dunbar v Virgo Consultancy Services Limited [2019] EWHC B12 (Costs) Mr Dunbar instructed law firm Virgo Consultancy to assist a Greek legal team with a defence of his son, in a serious criminal offences action brought against him in Crete. A deposit...




to

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...




to

An Asia Pacific Guide to Force Majeure

The current COVID-19 pandemic has triggered a range of medical, social and economic consequences around the world. The effects on commerce have already been dramatic and for those of us who advise on global trade, supply chain issues and contractual...




to

Update (3): Parents' Righs to Care and Contact their Children during Lockdown Level 4

On 23 April 2020, the President announced that from 1 May 2020, lockdown would be extended at level 4 – which provides for reduced restrictions. On 29 April 2020, the Minister of Cooperative Governance and Traditional Affairs, published and is...




to

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...




to

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 ...




to

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 ...




to

OFAC encourages communication regarding compliance concerns related to COVID-19

The Office of Foreign Assets Control (OFAC) has encouraged the communication of any OFAC compliance concerns related to COVID-19. As part of this, OFAC has provided the following guidance and contact information. Sanctions Programmes Fact Sheet On 1...




to

Coronavirus - How to use fraud prevention controls to protect your business from scams – Global

Since the outbreak of  the coronavirus pandemic just a few months ago, unfortunately we have seen a continuous rise in coronavirus related frauds targeting individuals, businesses and health authorities. Recent estimates suggest that already ov...










to

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

...




to

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...




to

New EU Procurement Directives coming into force

A quick update on the progress of the new Directives. It is anticipated they will be published in the Official Journal of the European Union on 28 March 2014, meaning that they will then come into force on 17 April 2014. Following the Directives com...




to

Procurement opportunities to come from Brexit

...




to

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...




to

Ryanair chief says Brexit threat to UK-EU flights increasing

...




to

UK corporate tax rules found to partially constitute illegal EU State aid

On 2 April 2019, the European Commission issued a press release regarding its State aid investigation into aspects of the UK controlled foreign company (CFC) rules. This press release explains that certain aspects of the CFC rules under investigatio...




to

Rural North Koreans Forced to Provide Food Aid to Privileged Pyongyang

Residents must pay in food or cash to help construction of a new hospital in the capital.




to

Daughter of Uyghur Historian Questions Legitimacy of State Media Video Denying His Detention

Iminjan Seydin appeared in a video praising the government after he was missing for three years.




to

Bangladesh: All Rohingya Found at Sea Will Be Taken to Bhashan Char Island

After insisting for weeks it would take no more refugees, Bangladesh relents and rescues hundreds.