Background On 16 October 2019 the Department for Transport (“DfT”) issued its “Rail Network Enhancements Pipeline Update” for Autumn 2019 (the “Enhancements Pipeline Update”). A copy of the Enhancements Pipeline U...

Lorna Doggett examines what has and hasn’t been working since the GDPR’s introduction last May. To read the full article click here > This article was published in the April 2019 edition of Intellectual Property Magazine, and is repro...

On 17 May 2019, the European Council established a framework and implemented a new sanctions regime which now allows the EU to impose targeted sanctions to “deter and respond to cyber-attacks which constitute an external threat to the EU and i...

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The Central Bank of Malaysia or Bank Negara Malaysia (‘BNM’) on 18 July 2019 issued another policy document which sets out its requirements to the nation’s Financial Institutions (‘FIs’) management of technology risk. W...

CJEU Ruling on Cookies On 1 October 2019, the Court of Justice of the European Union (CJEU) gave a preliminary ruling1  on questions referred from the Bundesgerichtshof (Federal Court of Justice in Germany) that:   Consent is not validly ...

In its decision of 27. June 2019 (Ref. 6 U 6/19), the Higher Regional Court of Frankfurt am Main ruled that participation in a sweepstakes can be made dependent on participants giving their consent to receive future marketing via e-mail or calls. In...

This speed read follows on from our briefing in November 2018 in which we explained that the government had proposed a change in law to implement a ban specific to pensions related cold calling.  At that time it was estimated that 10.9 million ...

Precis: In this briefing, we look at the new regulations permitting the Central Bank of Ireland to limit the rights of individuals under the GDPR. On 30 October 2019 the Data Protection Act 2018 (section 60(6)) (Central Bank of Ireland) Regulations ...

The Court in AA v Persons Unknown [2019] EWHC 3556 (Comm) (17 January 2020) ordered injunctive relief against unknown persons accused of extorting ransom payments in the form of Bitcoin worth $950,000 from an insurance company, following a cyber-att...

As a general rule of data privacy protection in Hong Kong, personal data should be used only for the original purpose for which the data was collected, or a directly related purpose. One exception is where the data user obtains the consent from the ...

This week, the Government intends to set out its “road map” to “unlock the economy” and get people back to work. Therefore, in the not too distant future (hopefully sooner rather than later for the majority), businesses will ...

Case C-216/17, Autorità Garante della Concorrenza e del Mercato – Antiturst, Coopservice Soc. coop. arl In its judgment of 19 December 2018 (the &ldq...

Case C-260/17, Anodiki Services EPE1: interpreting the scope of the “employment contracts” exemption under EU procurement legislation Introduction The judgment relates to a request for a preliminary ruling made by Greece’s Council ...

The UK’s departure from the EU is set to lead to a significant change to the UK’s overall approach to competition law. Currently, the UK is required to retain close alignment with EU competition law, which includes respecting the Europea...

With the rapid growth of the digital economy, a number of competition authorities, as well as governments1 are in the process of assessing whether their competition enforcement tools are fit for the digital economy. In the UK, the Government commiss...

On 4 June 2019 the Higher Regional Court of Düsseldorf ruled in favour of Booking.com’s revised “narrow” Most Favourite Nation (“MFN”) clause (Case No. VI-Kart 2/16 (V)). The reactions were predictable. German hote...

On 20 June 2019, the UK Court of Appeal ruled that the UK Government’s decision to continue licensing exports of military equipment to Saudi Arabia for possible use in the conflict in Yemen was unlawful. The judgment comes amidst global concer...

One of the most pondered questions following the U.S.’s withdrawal from the Joint Comprehensive Plan of Action (“JCPOA”) has been - how will the EU Blocking Regulation fair in protecting the interests of EU businesses trading with ...

The FCA has published its interim report in relation to its market study into how general insurance firms charge their customers for home and motor insurance (Interim Report). The FCA has provisionally found that the market is not working well for ...

On 4 March 2020, the Competition and Markets Authority (“CMA”) fined four pharmaceutical companies for breaching competition law through market sharing and the exchange of competitively sensitive information relating to the supply of nor...

  On 30 April 2020, the Competition and Markets Authority (“CMA”) released a statement on consumer protection law in relation to cancellations and refund complaints. The coronavirus outbreak has seen a significant increase in consum...

On 3 June 2016, the Supreme Court ruled that a valid right of pledge can be established on goods that are delivered subject to retention of title (of ownership). If the buyer is declared bankrupt, the conditional ownership can become an uncondition...

We are pleased to present to you our brochure which reviews the changes in the Polish law that we believe will have a major impact on business in Poland in 2017.

The case of So Sau Lai Connie v DBS Bank (Hong Kong) Ltd [2017] HKEC 29 is a typical letter of credit fraud case. This case illustrates whether certain “red flags” may constitute discrepant presentation or a fraud indication. Background ...

Digital currency has been arousing a lot of interest for some time. In public administration circles - at least officially – so far, it has not been discussed very much. A few days ago though, the situation has changed. The National Bank of Po...

The position of banks being served with a Mareva injunction order has been clarified in Hong Kong. In the recent case of Grasberg Capital Asia Limited v Bank of Communications Limited (HCA 2016/784)*, the Court considered the question of whether a b...

On 25 October 2017, the Hong Kong Monetary Authority (“HKMA”) published the Whitepaper 2.0 (“Whitepaper 2.0”) on Distributed Ledger Technology (“DLT”). This Whitepaper 2.0 provides practical advice on over 20 gove...

Companies trade in an increasingly global market. Despite this, the process of taking security in support of financial obligations remains essentially a question of the national law in the country where the assets over which security is granted are ...

Companies trade in an increasingly global market. Despite this, the process of taking security in support of financial obligations remains essentially a question of the national law in the country where the assets over which security is granted are ...

Key points: • In a judgment supportive of the rescue culture in English insolvency, the court has reaffirmed its flexible approach to the application of insolvency provisions and willingness to look at the practical effect of transactions in re...

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  The Singapore office of global legal practice Eversheds Sutherland today announced the appointment of Gerard Ng as a partner in the Banking and Financial Services Practice group. With over 20 years of experience, Gerard is a specialist in len...

Changes to the insolvency, civil and criminal procedural law The German Federal Government is currently planning various support measures for entrepreneurs, sole traders, other small, medium and large companies and credit institutions to mitigate t...

On 20th April, the UK Government announced a £500m “Future Fund”, as part of its package of measures to support businesses in response to the coronavirus.  What is the Future Fund? The Future Fund is being set up with the aim ...

In Re Saint Benedict's Land Trust ...

In light of the recent market events, the trading prices of many loans have fallen dramatically. As a result, companies (or their private equity sponsors) may consider utilising the debt buy-back mechanics in their credit agreements. A debt buy-back...

Executive summary On 8 April 2020, the European Commission issued a Temporary Framework Communication enabling it to: issue “comfort letters” in respect of specific temporary competitor co-ordination projects; and explain the criteria it...

Advising on an innovative first in the renewables heat sector Eversheds Sutherland has advised Oasthouse Ventures on the development of the world’s first sustainable, low-carbon greenhouse projects. The Clean Energy and Sustainability team fro...

The European Commission (“EC”) has now completed its in-depth investigation of Britain’s capacity market scheme (“CM scheme”), which was introduced in 2014 following EU state aid approval to help safeguard security of e...

The Energy & Infrastructure team is delighted to launch its third edition of the Renewable Energy is Looking Good in Latin America brochure. Latin American countries represent 4 of the top 20 most attractive renewable energy markets in the world...

Mining operations around the country strive to send home employees safely at the end of each shift, by implementing various stringent health and safety measures in their working places. Despite these measures and various safety drives to put health ...

  The BEE Commission’s report 2018, between 2017 and 2018, had no significant change in the levels of transformation, with black ownership reflecting a decline to 25.2% from 27% and current management control still sitting at 38% for blac...

Background On 9 January 2020, REPDO invited developers to prequalify via a request for qualifications (“RfQ”) for the third round of the NREP in the Kingdom of Saudi Arabia. Third round of the NREP There will be four photovoltaic (&ldquo...

Ofgem:Amendments to Gas Transmission Charging regime-minded to decision and draft impact assessment (published on 23 December 2019) The Office of Gas and Electricity Markets (Ofgem), the regulator for downstream natural gas markets, has published a ...

The Tunisian Government makes a huge step towards the deregulation of the renewable power market by amending the 2016 auto-consumption regime. The Decree 2020-105 has amended the 2016 auto-consumption regime legal framework. The 2016 regulation requ...

As the situation with the COVID-19 outbreak continues to develop in the UK and beyond, there are a few recent developments for UK companies to be aware of. Year end reporting and filing accounts Year end reporting As a reminder, the Financial Report...

Eversheds Sutherland was delighted to be involved in a project to develop proforma clauses and model laws looking to tackle climate change. The Chancery Lane Project involved 143 participants from 63 organisations, including law firms, climate chang...

The Low Carbon Contracts Company (“LCCC”), the counterparty for the UK’s Contracts for Difference (“CFD”) scheme, issued an advice note on 7 April 2020 confirming that COVID-19 is capable of constituting a Force Majeure...