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Work in the time of Covid - an overview of potential EL liability in a pandemic

UK goes into ‘Lockdown’ The current lockdown arises as a result of The Health Protection (Coronavirus, Restrictions) (England) Regulations 2020. Broadly, this legislation restricts the movement of people to ‘essential journeys&rsqu...




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Licensing reforms - Police Reform and Social Responsibility Bill

The Government's proposed changes to the licensing regime established under the Licensing Act 2003 ('the Act') are set out in the Police Reform and Social Responsibility Bill ('the Bill'). The amendments which are expected to be implemented will imp...




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First Phase of Licensing Act 2003 Reforms Come into Effect

The 25th April 2012 marked the implementation of the first  phase of amendments to the Licensing Act 2003 (‘the Licensing Act’) ...




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When tragedy strikes, follow due process

Mining e-Brief 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...




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Mali's new mining code ends tax exemptions, shortens regulatory stability period

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Coronavirus - South Africa’s Mining and Natural Resources Sector is resilient and can survive Covid-19

On 15 March 2020, following the announcement by President Ramaphosa regarding South Africa’s precautionary measures that must be put in place to prevent the contraction and spread of COVID-19, South Africans came face to face with the stark re...




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Site waste management plans

Site waste management plans will be necessary for construction and demolition work with effect from 6 April 2008. The Site Waste Management Plans Regulations 2008 require site waste management plans for all construction and engineering projects in ...




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Leasehold enfranchisement

Enfranchisement of long leasehold buildings in commercial use may have become a real possibility as a result of a recent decision by the House of Lords. The Leasehold Reform Act 1967 gives long leasehold tenants the right to buy the freehold of the...




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Enforcing restrictive covenants

The litigation in City Inn (Jersey) Ltd v Ten Trinity Square Ltd, between rival hoteliers next to the Tower of London, concerned restrictive covenants imposed by the Port of London Authority (PLA). The parties asked the court to decide whether the c...




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Energy performance certificates

The new energy performance regime came into force on 6 April 2008 in respect of buildings with a floor area in excess of 10,000 square metres. Buildings with a floor area of over 2,500 square metres will be brought within the regime on 1 July. Howev...




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Easements, covenants and profits à prendre: reform is in the air

The Law Commission has published a consultation paper proposing wide-ranging reforms to the law governing easements, covenants and profits à prendre. The changes suggested by the Law Commission include: the creation of a single new method ...




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Oral tenancy agreements

As a general rule, leases of land must be made by deed. Failure to comply with this requirement means that the tenant will not acquire a legal estate in land. However, leases granted for a term of up to three years need not be made by deed so long a...




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Terminating periodic tenancies

The issue in McCann v United Kingdom was whether our domestic law is compatible with Article 8 of the European Convention of Human Rights. Article 8 provides that everyone has the right to respect for their home. Mr McCann's wife left the family ho...




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Tenants’ rights of first refusal

The Landlord and Tenant Act 1987 grants tenants of flats a right of first refusal if the landlord wishes to dispose of its interest in the whole or part of 'a building'. In a decision that is hugely significant for the increasing numbers of landowne...




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Display energy certificates

The Government has published a guidance note designed to help owners and occupiers understand how new rules requiring display energy certificates (DECs) in large public buildings will work in practice. The guidance also explains the responsibilities...




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Discharging restrictive covenants

In Re Alisha House, the Lands Tribunal discharged a restrictive covenant preventing a developer from using land for residential development in circumstances where: the developer had entered into the restrictive covenant with the local authority r...




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Agreements for lease

Section 2 of the Law of Property (Miscellaneous Provisions) Act 1989 requires contracts to dispose of interests in land to be made in writing. However, leases granted for a term of up to three years need not be made in writing so long as the term st...




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Landlord had been entitled to refuse consent to a newly formed company

A landlord had acted reasonably in refusing consent to an assignment to a newly incorporated company, despite the landlord having the benefit of the previous tenant's covenant. Royal Bank of Scotland plc v Victoria Street (No 3) Ltd concerned a cov...




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Consultation on the Carbon Reduction Commitment

The Carbon Reduction Commitment (CRC), a cap and trade scheme that aims to reduce the UK's carbon dioxide emissions, is due to come into force in only twelve months' time. On 12 March 2009, the Department of Energy and Climate Change (DECC) publish...




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The effect on VAT recovery of granting a residential tenancy in a new building

Residential developers need to take great care that they do not jeopardise their recovery of VAT by granting a short–term tenancy. The current downturn is leading developers to let out new properties instead of selling them. Great care is nee...




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Consulting tenants of mixed-use properties on service charge expenditure

Helpful analysis of when landlords of mixed–use properties need to consult their tenants before incurring service charge costs. The Landlord and Tenant Act 1985 requires landlords who own residential blocks of flats to consult their tenants b...




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Competition law to apply to land agreements from April 2011

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SDLT on high value residential property

High value residential property New Tax Rates The 2012 Budget introduced a new charge to stamp duty land tax (“SD...




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.properties opens its doors

The protection of brands is a key issue for many businesses, particularly for those brands which are consumer facing.   One aspect of brand protection is the protection of brands in domain names. Until recently, the number of generic top l...




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EU Advocate General gives landmark opinion in relation to the VAT treatment of property services to Real Estate Funds (C-595/13)

This week, an Advocate General gave a landmark opinion that the VAT exemption for the management of certain special investment funds can apply to property management, as well as to other fund management services. The opinion represents a completely ...




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The Court of Justice in Eenheid holds that the day to day management of Property Funds is subject to VAT

The Court of Justice of the European Union delivered its judgment in Case C-595/13 Staatssecretaris van Financiën v Fiscale Eenheid X NV cs on 9 December 2015. Full Article



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Coronavirus – Impact on outsourced services due to implementing work-from-home arrangements - Global

As many of us know all too well, the coronavirus pandemic has forced companies and their personnel to shift their operations to a remote, work-from-home (or WFH) environment. This change has had a profound effect on outsourcing providers and their c...




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Preparing for the first 48 hours of a fatal accident

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Use of enforcement undertakings is on the rise

Enforcement undertakings, a form of civil sanction available to the Environment Agency, Natural England and Natural Resources Wales, are voluntary binding agreements which can be offered to a regulator where there are reasonable grounds to consider ...




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Allergen labelling

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France: The deadline for IED waste treatment facilities is approaching

Following the publication by the European Commission of the conclusions on best available techniques (BAT) in the waste sector on 17th August 2018, the operators are required to submit a reconsideration file (“dossier de réexamen”...




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Environmental Compliance – key dates for 2019 / 2020

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Environmental newsletter, Edition 1 - South Africa

Welcome to the first edition of the Eversheds Sutherland (South Africa) Environmental Newsletter South Africa’s Environmental Laws are extremely complex, despite the implementation of the “one environmental system”, and compliance ...




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Department of Environmental Affairs | Requirement to submit a report generated by the national web based environmental screening tool

Introduction On 5 July 2019, the Minister of Environment, Forestry and Fisheries, Barbara Dallas Creecy, published a notice requiring that when submitting an application for environmental authorisation in terms of regulation 19 and regulation 21 of ...




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The Minimum Energy Efficiency Standard (“MEES”) for commercial properties – upcoming changes for landlords and tenants.

On the 15 October 2019 the government published its consultation on the future trajectory of the Minimum Energy Efficiency Standard for commercial properties under the Energy Efficiency (Private Rented Property) (England and Wales) Regulations 2015 ...




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Helping you see the bigger picture - EHSsential: environmental, health and safety news (2020 forecast)

HEALTH AND SAFETY In the courts - cameras to broadcast from the Crown Court for the first time The government has announced new legislation which will permit the sentencing remarks of High Court and senior judges in certain criminal cases to be film...




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Summary of the key changes to UAE employment laws in 2019

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Long Awaited Environment Bill Back in Parliament

After failing to complete its passage through Parliament at the end of 2019, the Environment Bill (“the Bill”) was back in Parliament on 30 January 2020. Amid widespread concern that the UK will not uphold existing standards of environme...




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In the media spotlight - Handling the media following a health and safety incident

There have been many examples of high profile health and safety incidents in recent years, including major rail disasters, the serious incident at Alton Towers and of course the tragedy at Grenfell Tower. These have rightly received high profile, wi...




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Helping you see the bigger picture EHSsential: environmental, health and safety news (February 2020)

ENVIRONMENT Long Awaited Environment Bill Back in Parliament The UK Environment Bill seeks to deliver “the most ambitious environmental programme of any country on earth” by setting a “gold standard” for environmental protect...




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Strategic, pragmatic and focused support - Planning and Environmental Group Experience

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Coronavirus – Walloon environmental law – Belgium

The Walloon government has decided, as from March 18, 2020, to temporarily suspend for 30 days all deadlines and appeal filing periods laid down in Walloon legislation. With regard to Walloon environmental law and permitting procedures, this results...




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Enforcement of Food Safety Offences - Update

In June 2019, an FSA report on the approach to regulatory enforcement and sanctions acknowledged that enforcement of food law has historically relied upon criminal sanctions. Whilst the report stated that “in relation to some lower level failu...




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EHSsential: environment, health and safety news - COVID-19 edition

  HEALTH & SAFETY So what now? Where low occupancy poses water-borne risks Most organisations during this pandemic have rightly focused on the health and safety of employees and the general public in tackling the spread of the virus. Whilst...




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BREAKING: Lagos Discharges 48 More COVID-19 Patients

The Lagos State Government has discharged 48 more COVID-19 patients from its isolation centres.

Governor Babajide Sanwo-Olu disclosed this via his official Twitter handle on Thursday.

This brings the total recovery case in the state to 406. 

The governor said the patients, who were all Nigerians, include 32 males and 16 females.

He said, “The patients, 28 from the Mainland Infectious Disease Hospital, Yaba, six from Lekki, one from Onikan and 13 from LUTH Isolation Centre, were discharged having fully recovered and tested negative to #COVID19 in two consecutive readings.”

PUBLIC HEALTH Breaking News News AddThis :  Original Author :  Saharareporters, New York Disable advertisements : 




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How Serving And Retired Nigerian Judges Illegally Inserted Names Of Their Children, Relatives In List Of Judges To Be Appointed Into Judiciary

A document seen by SaharaReporters has exposed how serving and retired Nigerian judges are illegally preparing ways for their children and relatives to take over the country’s judicial system in future.

According to the document put together by Open Bar Initiative, out of the 33 names recently recommended to President Muhammadu Buhari by the National Judiciary Council for appointment as judges in the Federal Capital Territory High Court, only 11 met the criteria set out in the employment guideline of the council.

The NJC had on April 26, 2020 approved the appointment of 33 judges for the FCT High Court.

SaharaReporters gathered that 22 out of the 33 candidates presented to President Buhari made the list only because they were related to serving senior members of the judiciary or close aides and members of the NJC. 

Also, states that already have judges in the FCT High Court were reconsidered and given slots while no one was considered qualified for appointment in Ebonyi, a state that has no existing judge.

Section 255 of the constitution of the Federal Republic of Nigeria, 1999 (as amended), pegged qualification for becoming a judge in the High Court of the FCT to a minimum of 10 years qualification as a legal practitioner. 

Also Rule 4 of the NJC appointment of judges’ procedure, indicated only four classes of lawyers, who are qualified to apply and be recommended to be appointed as judges of a high court.

These are legal practitioners in private practice, legal practitioners in public service, who are legal officers, chief registrar of a court, and chief magistrates.

Those listed in the document seen by SaharaReporters among the 33 nominees to be considered as judges by President Buhari but, who are not qualified include Njideka K. Nwosu-Iheme, a Grade 1 Magistrate, who is the daughter of Justice Mary Odili of the Supreme Court and daughter-in-law to Justice Nwosu-Iheme of the Court of Appeal, Agashieze Cyprian Odinaka, a Deputy Director at FCTA whose sister is the Presiding Justice, Court of Appeal in Akure, Ondo State, Fatima Abubakar Aliyu, a judiciary worker, who is the daughter of immediate-past President of the Court of Appeal, Justice Bulkachuwa, Kanyip Rosemary Indinya, a senior magistrate at FCT and wife of the President of the National Industrial Court and sister of a member of the National Judicial Council.

Others are Mimi Anne Katsina Alu-Apena, a senior magistrate and daughter of late Kastina Alu, former Chief Justice of Nigeria, Enenche Eleojo, Assistant Director at FCT High Court and Personal Assistant to the Chief Judge, FCT High Court, Madugu Mohammed Alhaji, Josephine Obanor Enobie, Kayode Agunloye, Nwabulu Ngozika Chineze and Abubakar Babashani, who are senior staff of the FCT High Court but have not attained the rank of chief registrar as stipulated by the constitution.

The list also includes one one Aliyu Halilu Ahmed, a Deputy Chief Registrar from Adamawa State judiciary, who has not attained the rank of a chief registrar.

The rest are Aminu Muhammad Abdullahi, Nwecheonwu Chinyere Elewe, Ibrahim Mohammed, Sadia Mu’azu Mayana, Aliyu Yunusa Shafa, Mohammed Zubairu, Binta Dogonyaro, Christopher Opeyemi Oba and Hafsat Lawan Abba-Aliyu, all magistrates from the FCT judiciary, who are not up to the rank of a chief magistrate as stipulated in Rule 4 of the NJC appointment of judges procedure.

SaharaReporters also gathered that one Olufola Olufolashade Oshin did not participate in the processes leading up to selection, interview or obtaining recommendation from a Chief Judge of a state but her name was inserted into the final list transmitted to President Buhari at the instigation of some senior judicial officers believed to be top members of the Supreme Court.

Reacting to the development, Open Bar Initiative said, “The suggestion that judicial service in Nigeria is an inheritance transmitted from parents to children is not supported by the constitution or any other instrument under Nigerian law. 

“This is an abuse of the constitution by those who must nominate judges for appointment.”

Co-convener of Open Bar Initiative and former Chairman of the National Human Rights Commission in Nigeria, Prof Chidi Odinkalu, while reacting to the situation, said, “These are not just unqualified nominees, they are bad nominees because only bad people will want to become judges through smuggling. They will make bad judges, we should resist them and their sponsors.”

Voicing his displeasure on Twitter, a user with the handle @AbdulMahmud01, said, “Have you seen the list of newly appointed FCT judges approved by NJC? It is a parade of children of former CJN, retired Supreme Court justices and judges. NJC is simply put: a corrupt council of corrupt interests.”

Another user, @KennyAdazie, while sharing her thoughts on the issue, said, “The only people that can take back Nigeria are the youth. 

“If we don’t come out to stop this madness, the charade will continue. When they strategically place their own, they pave way for #impunities and come 2023, there is nothing you can do! The reason our legal system is in ruins.”

Legal Politics Scandal News AddThis :  Original Author :  Saharareporters, New York Disable advertisements : 




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Rivers Government To Auction Vehicles Impounded For Violating Lockdown Order, Calls On Public To Place Bids

The Rivers State Government has asked it's Attorney-General and Commissioner for Justice to auction all vehicles that were impounded for violating the state’s lockdown directive.

Paulinus Nsirim, the state's Commissioner for Information and Communications, in a statement on Thursday, said interested Nigerians should check selected Nigerian newspapers in order to place their bids.

The statement reads, “Government will deal decisively with the residents of these areas if they are found to default again. 

“Anyone parading exemption letters except the one issued by the governor is doing so at his or her own risk as such permits are invalid.

“The Attorney-General and Commissioner for Justice has been directed to auction all vehicles that violated the lockdown order.

“Members of the public who are interested to buy the auctioned vehicles are to watch out for details in The Sun, The Nation and Vanguard Newspapers.”

News AddThis :  Original Author :  SaharaReporters, New York Disable advertisements : 




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BREAKING: Kano Discharges Health Commissioner, Prevention Task Force Co-chairman, 14 Other COVID-19 Patients

Sixteen patients receiving treatment for Coronavirus in Kano State have been discharged after recovering from the disease.

This brings the total number of discharged patients in the state to 22.

Mallam Muhammad Garba, Commissioner for Information in the state, made this known in a statement on Thursday. 

Garba said among those discharged were Prof Abdulrazak Garba Habeeb of the Department of Medicine, Aminu Kano Teaching Hospital, Bayero University, who is also the Co-chair of the state’s Prevention Task Force on COVID-19, Dr Aminu Ibrahim Tsanyawa, the state’s Commissioner for Health among others.

The commissioner pointed out that all the patients have tested negative for the disease after the two follow up tests and have therefore reached full recovery.

 

PUBLIC HEALTH Breaking News News AddThis :  Original Author :  SaharaReporters, New York Disable advertisements : 




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Insolvency in times of COVID-19

The restrictions on economic life imposed by COVID-19 have not only triggered a veritable economic crisis, but have simply deprived many companies of their livelihood. While there is no income, expenses continue to run, so that in some cases insolve...




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Impact of COVID-19 pandemic on rights and obligations under lease agreements

Update | 23. 4. 2020: The Parliament passed the act on certain measures to mitigate the effects of the SARS CoV-2 coronavirus epidemic on tenants of business premises. The new act will be effective once signed by the President and published in the C...