Registered Providers to face longer, more complicated and more expensive claims? The Legal Aid, Sentencing and Punishment of Offenders Act 2012 ("LAPSO") LAPSO received Royal Assent on 1 May 2012 and will come into force on 1 April 2013. It will hav...

The Charities Act 2006 (now the Charities Act 2011) introduced a new form of incorporated charitable entity, the CIO.  There has been a long delay in making CIOs available but their imminent arrival has been heralded by a recent government anno...

Many in local government will already be familiar with the CRC Scheme. This is the UK’s mandatory emissions trading scheme aimed at improving energy efficiency and cutting carbon dioxide emissions in large public and privat...

The European Commission has announced proposals to amend the Enabling Regulation adopted in 1998. This forms part of the EC’s State Aid Modernisation Initiative. It will allow the EC to focus on larger more...

? The European Commission has announced proposals to amend the Procedural Regulation adopted in 1999. This forms part of the EC’s State Aid Modernisation Initiative and will support quicker decision making and ensure a focus...

? Recently, the Equality and Human Rights Commission EHRC published detailed technical guidance for those public sector bodies seeking to comply with the Public Sector Equality Duty (PSED). There is separate guidance for Scotland, England and Wales....

The European Commission (the "EC") presented two proposals on 5 December 2012, as part of its State Aid Modernisation initiative. The proposals will include amendments to two key State aid instruments, the Enabling Regulation and...

? The Solicitors Regulation Authority has undertaken consultation on proposed changes to the rules for solicitors employed by local authorities.  The SRA is proposing to amend rule 4.15(e) of the Practice Framework Rules, to ...

The court has recently considered the extent of disclosure required to satisfy the obligation of fairness in a consultation exercise in the case of R (on the application of Save our Surgery Limited) v Joint Committee of Primary Care Trusts  (&l...

Today’s employment law changes; and what else to expect this year Various changes to employment legislation take effect today, including amendments to whistleblowing laws.  Other changes will follow over coming months. In this briefing we...

Local Government Pension Scheme liabilities on academy conversionsBackground The treatment of Local Government Pension Scheme (LGPS) liabilities on academy conversions has been presenting significant difficulties for some time, with pension liabilit...

Code of Conduct for Operational PFI/PPPs HM Treasury recently published a brand new PFI/PPP code of conduct (the ‘Code’) which is aimed at delivering savings in operational PPP contracts. What has been introduced? ...

On 1 July 2013, following its consultation Judicial Review: proposals for reform, the Government introduced significant changes to the judicial review process.  The stated aim was to balance the need to ensure lawful public administration with ...

A report from the Auditor General for Wales has recommended that Welsh local authorities should implement scrutiny improvement action plans. The recommendation is one of nine recommendations contained in Good Scrutiny? Good Question!, a report of an...

The Local Government Pension Scheme (Amendment)(Governance) Regulations 2015 were laid before Parliament on 28 January 2015.  Issued under the Public Service Pensions Act 2013, these...

Another year, another budget. So what have we learnt from the contents of the infamous red brief case? Here are some of the highlights for the local government community.             George...

On 4 February 2015, the government launched a consultation on draft regulations implementing the cap on care costs contained in the Care Act 2014. The consultation also sought views on the need for new appeals system in relation to local authorities...

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...

Background The Government’s latest proposal in reforming the English schooling system was laid before Parliament last week in the form of the Education and Adoption Bill 2015-16 (“the Bill”). The Bill sets out provisions to conver...

In R (on the application of Diocese of Menevia and others) v Swansea City and County Council1 (“the Council”), the Administrative Court was required to consider whether a change in policy made by the Council in respect of school transpor...

Introduction The Charities (Protection and Social Investment) Bill 2015 (“the Bill”) is currently before Parliament. The Bill is relatively short and deals with two areas in particular: i) the powers of charities to make social investmen...

On the 5th October the Chancellor George Osborne, set out the Government's plans to devolve powers from Whitehall to local areas in a bid to stimulate economic growth. The initiative was heralded as the “biggest transfer of power to local gove...

A commitment to reduce public sector termination packages has seen the Government explore various proposals for reform in recent years; from draft regulations seeking recovery of termination payments, to a financial cap upon the amount of any indivi...

The Prime Minister announced on 18 April that a General Election will be held on Thursday 8 June. Parliament will be dissolved on 3 May and we wait with interest to see what planned legislation will survive the trauma of the current Parliament&rsqu...

A recent decision concerning ownership of copyright has served as a stark reminder to businesses to ensure they consider and clearly capture ownership of intellectual property at the outset when commissioning works. The case concerned rights in the ...

On Thursday 12 February Eversheds hosted its annual Retail conference to discuss and debate key topics and issues impacting the sector. Keynote speech, Mike Ahanchian, BRC - The changing face of Retail The  Retail conference was kicked off by M...

The Swiss Federal Supreme Court recently considered whether a dividend distributed by a Swiss company that participated in a zero balancing financing arrangement had been distributed lawfully. The case refers back to 2001 when Swisscargo AG distribu...

The new product safety and market surveillance package of the European Commission The German Product Safety Act not only contains regulations on the safety of consumer products, product monitoring as well as on product warnings and recalls. It also ...

R (on the application of Tesco Stores Limited) v Forest of Dean District Council and (1) JD Norman Lydney Limited (2) Asda Stores Limited (3) Windmill Limited (4) MMC Land & Regeneration Limited1 The Court of Appeal, upholding a decision of the ...

On 9 September 2015, in his first State of the Union address, European Commission President Jean-Claude Juncker called for a review of the power wielded over food markets by groups of retailers and the “need to break some retail oligopolies&rd...

On 9 September 2015, in his first State of the Union address, European Commission President Jean-Claude Juncker called for a review of the power wielded over food markets by groups of retailers and the “need to break some retail oligopolies&rd...

Selective Distribution – Some recent developments in the adidas case: when can sales via online platforms be restricted? On 18 November 2015, the Autorité de la concurrence (the “French Competition Authority” or “...

The Issue Typically, Outsourcing Projects take a long time to procure and deliver. This can be bad news for both customer and supplier Often, there is mismatch between what a customer thought that it was buying and what is ultimately delivered. Ofte...

The last two years have brought challenging times for ratepayers and there is little respite on the horizon. With the 2017 Revaluation looming, rateable values are likely to increase substantially throughout large swathes of the country. Together wi...

On 29 September 2016, the French Competition Authority (l’Autorité de la concurrence - the “Autorité”) imposed a fine of EUR 2.4 million on 37 model agencies and their main trade association, the SYNAM, in relation to...

The European Commission has launched three investigations into suspected breach of the competition rules by companies in the consumer electronics, videogames and hotel sectors.  The consumer electronics and videogames probes come out of the Com...

Background Since coming into force in 2013, the EU Timber Regulation 995/2010 (“Timber Regulation”) has placed a due diligence obligation on businesses, requiring systems to be put in place to minimise the possibility that illegally harv...

Introduction The Competition and Markets Authority (“CMA”), the authority responsible for operating and enforcing the UK merger control regime, has published its updated Retail Mergers Commentary (“New Commentary”).1 The CMA ...

On 26 July 2017, the European Court of Justice (“ECJ”) published an opinion issued by Advocate General Nils Wahl (the “AG’s Opinion”) indicating that luxury brands may prevent retailers from selling via online marketpla...

In July 2017, the German Federal Cartel Office (“FCO”) published a detailed guidance paper (the “Guidance Paper”) on resale price maintenance (“RPM”) in the retail food sector. The purpose of the paper is to expl...

Aysha Fernandes, legal director in Eversheds Sutherland’s Competition, EU & Trade group comments on the ramifications of UK CMA’s Ping fine appeal. This article was written by PaRR, the leading provider of inside track on comp...

The Foreign Limitation Periods Act 1984 (the “Act”) sets out the procedure to be followed when a claim is proceeding in the courts of England and Wales and the laws of any other country apply. Given the international nature of the shipping industry,...

Following a consultation on the Consumer Rights Act 2015 (the ‘Act’), the Government has confirmed that the way in which transport operators cap their liability to customers to compensate for delays or cancellations to services must be c...

Following a consultation on the Consumer Rights Act 2015 (the ‘Act’), the Government has confirmed the way in which train operators cap their liability to customers to compensate for delays or cancellations to services must be consistent...

What is the Digital Railway programme? The Digital Railway programme is a Network Rail led initiative to modernise train command, control and signalling systems used on the British railway network with the aim of substantially improving the capabili...

On 27 June 2017, the court ordered the lifting of the automatic suspension in the case of Alstom Transport UK Limited v London Underground Limited [2017] EWHC 1521 (TCC). The resulting judgment includes some interesting comments on the correct test ...

Background The Office for Rail and Road (“ORR”) has opened a consultation on its proposals to introduce a voluntary binding Alternative Dispute Resolution (“ADR”) scheme for the resolution of consumer complaints in the rail s...

Executive Summary The European Commission has consulted on an implementing regulation which will provide additional detail for procedures and criteria to be followed by service facility operators in order to satisfy their obligations under Directive...

Background The Competition and Markets Authority (“CMA”) has recently published draft guidance on its approach to assessing rail franchise awards under its merger control powers (the “Draft Guidance”)1. The guidance has been ...

Highways England are moving forward with the A303 Stonehenge project (A303) and the Lower Thames crossing (LTC) and will be starting their market and supply chain engagement in March 2018. These projects are two of the largest in Highway England's R...