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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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Practical Considerations For Land Owners And Developers Arising From The Flood And Water Management Act 2010

The New Act The Flood and Water Management Act 2010 received Royal Assent on 8 April 2010. The Act takes forward several Government strategy documents and, importantly, reflects the Government’s response to Sir Michael Pitt’s Revie...




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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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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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Tackling the housing shortage - a change in emphasis?

At the Conservative party conference the Communities Secretary Sajid Javid, and the Chancellor, Philip Hammond, announced a fresh package of measures aimed at addressing the national shortage of new homes. The ambition is to deliver more than 25,000...




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Education Briefing - Next step for the mutualisation agenda

With the dust settling after the recent General Election, it is possible to better speculate as to the likely direction of travel of the new Conservative government. The new administration has a slim majority, therefore, there still may be an elemen...




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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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EU Procurement Thresholds in the UK are falling in 2016!

The European Commission has recently revised the financial thresholds above which public procurement rules apply with these changes applying to the current EU Directives from 1 January 2016. This means that the thresholds applicable to contracts reg...




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The European Single Procurement Document

On 6 January 2016, the European Commission published an implementing regulation establishing a standard form for the European Single Procurement Document (“ESPD”). The ESPD is one of the new features of EU procurement regulation introduc...




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Public procurement in Poland - what legal changes lie ahead?

The biggest overhaul in the history of Poland’s Public Procurement Law entered into force on 28 July 2016. Despite the passage of time, major issues connected with the practical application of the new regulations continue to arise. It can be ...




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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: New case highlights pitfalls for those challenging award decisions

On 21 July the Technology and Construction Court handed down judgment in relation to two applications made in the case of Perinatal Institute v Healthcare Quality Improvement Partnership. This interesting judgment highlights two potential pitfalls f...




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Getting the Deal Through: Public Procurement 2017

The 2017 edition of the Getting the Deal Through: Public Procurement is now live. The Polish chapter has been developed by Tomasz Zalewski, head of the public procurement team at Wierzbowski Eversheds Sutherland. The contributing editor of the Guide...




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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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Getting the Deal Through: Public Procurement 2018

The 2018 edition of the Getting the Deal Through: Public Procurement is now live. The contributing editor of the Guide is Totis Kotsonis, competition lawyer and head of procurement at Eversheds Sutherland. The publication contains expert local insig...




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Getting the Deal Through: Public Procurement 2019

Witold Slawinski, head of our tech & engineering team, contributed to the guide "Public Procurment 2019" - expert local insight into public procurement procedures in 34 jurisdictions, addressing such crucial topics as: legislative framework, app...




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

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12 Eversheds Sutherland lawyers make WTR’s “World’s Leading Trademark Professionals” List

Eversheds Sutherland is pleased to announce that 12 IP lawyers from our global practice have been recognized in the 2020 World Trademark Review’s “World’s Leading Trademark Professionals” list. Now in its tenth year, the WTR ...




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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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Protecting Intellectual Property during Lockdown

On 24 March 2020, the Companies and Intellectual Property Commission’s IP Registry suspended all internal and external-facing operations due to the national lockdown. The Registry will only resume operations two weeks after the national lockdo...




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Eversheds Sutherland webinar offering guidance on working from home and mental health - 31 March 2020

Do you have questions on health and safety whilst home and lone working during the pandemic?...




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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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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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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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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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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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Austrian employment law training

Although there are similarities, it is dangerous to consider the German and Austrian employment law systems to be one and the same. Austrian law is distinct in many ways, most importantly in relation to probationary periods, the termination of emplo...




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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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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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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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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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Student mental health and information sharing

This panel-style session will provide a forum for high level discussion of data sharing and confidentiality in the context of student mental health and wellbeing and will assist institutions to identify best practice. It will be chaired and facilita...




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HR summer school: grasping the nettle

‘Can-kicking’ is a typical, understandable human tendency, but in the employment context it is rarely the right thing to do. Avoiding dealing with behavioural or cultural issues often leads to larger problems, sometimes years down the road. HR profe...




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Employee relations - working effectively with your union and employee representatives

Many senior managers lack experience of working with unions and employee representatives....




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Nordic (Denmark, Finland, Norway and Sweden) employment law training

This Nordic employment training course covers, in turn, an introduction to the employment law systems of Denmark, Sweden, Finland and Norway. We will also share the experience we have gained in assisting clients with their operations in the Nordic r...




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IHC HR e-briefing 98: vetting and barring scheme guidance

Last Friday, the Home Office issued comprehensive guidance to assist employers and volunteer organisations in properly implementing the vetting and barring scheme. October 2009 saw the introduction of barred lists (which replaced t...




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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 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...