or MiFID II and Structured Deposits: New Duties for Banks By www.eversheds.com Published On :: 2014-06-11 The European Commission (Commission) has contacted the European Securities and Markets Authority (ESMA) and, more recently, the European Banking Authority... Full Article
or Publication of the EU Market Abuse Regulation: Particular Considerations for Asset Managers By www.eversheds.com Published On :: 2014-07-01 In the same week that the Recast Markets in Financial Instruments Directive (MiFID 2) and its companion Regulation (MiFIR) were ... Full Article
or Morocco - New opportunities for investments of companies based in Morocco By www.eversheds.com Published On :: 2015-05-06 Morocco - New opportunities for investments of companies based in Morocco By Jawad Fassi-Fehri In Morocco, measures aiming to make Casa Finance City (CFC) a financial continental platform are progressing. After the announcement by the African Develo... Full Article
or AIFMD update: ESMA updates AIFMD Q&As and delays opinion on the extension of the AIFMD passport to non-EU entities By www.eversheds.com Published On :: 2015-07-23 Updated AIFMD Q&As The European Securities and Markets Authority (ESMA) has published an updated version of its Q&A paper on the application of the Alternative Investment Fund Managers Directive (AIFMD). This publication was released on... Full Article
or New EU laws for marketing AIFs and UCITS: One step forward, one step back? By www.eversheds.com Published On :: 2018-03-15 On 12 March 2018, the European Commission (the “Commission”) published legislative proposals for new rules on marketing AIFs and UCITS comprising: a Directive on the cross-border distribution of collective investment funds (COM(2018) 92... Full Article
or Authorised funds for hedge strategies By www.eversheds.com Published On :: 2019-11-14 When it comes to hedge strategies, onshore FCA-authorised fund vehicles may offer some unique advantages with fewer drawbacks than you might think. When it comes to authorised funds - as in a fund authorised as a product, by a regulator &ndas... Full Article
or Show me the Money! - The SFC Moves to Regulate Depositaries of SFC-authorised Collective Investment Schemes By www.eversheds.com Published On :: 2019-12-11 The SFC Moves to Regulate Depositaries of SFC-authorised Collective Investment Schemes In September 2019, the Securities and Futures Commission of Hong Kong (the “SFC”) issued a Consultation Paper (available here) setting out its proposa... Full Article
or 2020 - The year to get licensed - A new start for PE firms and family offices By www.eversheds.com Published On :: 2020-01-10 The Securities and Futures Commission of Hong Kong (“SFC”) issued two circulars on 7 January 2020 providing guidance on its approach to licensing private equity (“PE”) firms and family offices to carry out regulated activitie... Full Article
or Hedge funds and UK management vehicles: a cheat-sheet for first-time managers By www.eversheds.com Published On :: 2020-01-21 The path to establishing a UK management entity for an offshore fund branches off in all manner of directions. One of the first crossroads faced by the first-time manager is the choice of UK management vehicle. Their decision has significan... Full Article
or Lawbite: Faraday magnet for concerned developers? By www.eversheds.com Published On :: 2018-12-06 Faraday Development Ltd v West Berkshire Council [2018] EWCA Civ 2532 Relevant background: The Court of Appeal has issued a decision that has rendered a development contract between a Council and a private developer for the regeneration of an indust... Full Article
or Lawbite: Less is not more when it comes to Qualifying Long Term Agreements By www.eversheds.com Published On :: 2019-02-04 Bracken Hill Court at Ackworth Management Company Ltd v Dobson [2018] UKUT 333 (LC) The Upper Tribunal (Lands Chamber) has upheld an appeal from a management company and determined that contracts of less than 12 months are not Qualifying Long T... Full Article
or Lawbite: From Paving to Possession to Proprietor By www.eversheds.com Published On :: 2019-03-25 Shirley Ann Thorpe v (1) Harald Nobert Frank (2) Lesley Frank [2019] EWCA Civ 150 The Court of Appeal has recently found that by paving an area an individual had done enough to establish that she had acquired the land by adverse possession. The Clai... Full Article
or Lawbite: Forming an oral agreement By www.eversheds.com Published On :: 2019-05-13 Wells v Devani [2019] UKSC 4 Earlier this year the Supreme Court unanimously decided that the claimant, Devani, an estate agent and the defendant, Wells, a property developer had entered into a binding oral contract. The parties were introduced by a... Full Article
or At what point in time is permission needed for landlords access? By www.eversheds.com Published On :: 2019-05-13 New Crane Wharf Freehold Ltd v Jonathan Mark Dovener [2019] UKUT 98 (LC) A lease covenant requiring the tenant defendant, Mr Dovener, to permit its landlord at al... Full Article
or Lawbite: A little bit of relief for BHS By www.eversheds.com Published On :: 2019-05-14 (1) SHB Realisations Ltd and (2) GB Europe Management Service Ltd v (1) Cribbs Mall Nominee (1) Ltd and (2) Cribbs Mall Nominee (2) Ltd. The County Court recently considered a claim for relief from forfeiture involving premises previously occupied b... Full Article
or Lawbite: No place for the real world in this business rates negotiation By www.eversheds.com Published On :: 2019-05-16 Telereal Trillium v Hewitt (Valuation Officer) [2019] UKSC 23 By a majority 3:2 decision, the Supreme Court has overturned the decision of the Court of Appeal in the case of Telereal Trillium v Hewitt (Valuation Officer) [2018] EWCA Civ 26. The case... Full Article
or Back to basics requirements for contracts for sale of land By www.eversheds.com Published On :: 2019-05-22 Alexander Kuznetsov v Camden London Borough Council [2019] EWHC 805 (Ch) In an application for relief from sanctions, the Claimant tenant, Kuznetsov, persuaded the High Court that it had a real prospect of establishing at trial that a letter between... Full Article
or Lawbite: When is it reasonable for a landlord to enter their tenants demise? By www.eversheds.com Published On :: 2019-06-18 Windsor-Clive v Rees [2019] EWHC 1008 (Ch) In considering the scope of a landlord’s reserved right to enter premises let to their tenant “for all reasonable purposes”, the High Court has held that the right to do so must be... Full Article
or Ground Rent Zero - the Government's Response to Consultation on Leasehold Reform By www.eversheds.com Published On :: 2019-07-01 The Secretary of State for Housing, Communities and Local Government, James Brokenshire, has published the Government’s response to the consultation on leasehold reform. Described as delivering on the Government’s manifesto pledge to &ld... Full Article
or Lawbite Oral agreement did not extinguish right of way By www.eversheds.com Published On :: 2019-08-20 Pezaro & Anor v Bourne & Anor [2019] EWHC 1964 (Ch) The High Court has held that a right of way was not extinguished where a landowner had relied on an oral agreement made with the previous owner of the land which benefited from the right of... Full Article
or The Humble Coronation of King Jesus (Matthew 21:1-11) By feeds.gty.org Published On :: Sun, 29 Mar 2020 00:00:00 PST Now I thought it might be helpful for us through this Passion Week, which is today and often called Palm Sunday - and then Good Frida Full Article
or The Garden of Glory (Selected Scriptures) By feeds.gty.org Published On :: Sun, 05 Apr 2020 00:00:00 PST A NOTE ABOUT THIS TRANSCRIPTThe following sermon transcript does not match the video version of the sermon—i Full Article
or Taking Sin Seriously at the Lord’s Table (James 1:13–17) By feeds.gty.org Published On :: Sun, 26 Apr 2020 00:00:00 PST If you’re going to come to the Lord’s Table you’re going to have to take it seriously. You cannot deal with the Lord’s Table superfic Full Article
or Finding Security in This Troubled World (1 Peter 3:13–17) By feeds.gty.org Published On :: Sun, 03 May 2020 00:00:00 PST Now this is a special day because it is Mother’s Day. I’ve never understood that because every day is Mother’s Day, so why...you know, limi Full Article
or Lawbite: Service Charge Welcome Relief for Intermediate Landlords By www.eversheds.com Published On :: 2017-12-20 Westmark (Lettings) Limited v Elizabeth Peddle and others [2017] UKUT 449 (LC) Here, the Upper Tribunal had to decide on the issue of when “relevant costs” are incurred for the purposes of Section 20(B)(1) of the Landlord and Tenant Act ... Full Article
or Lawbite: Is my debt secure or not? By www.eversheds.com Published On :: 2018-02-15 This is another important Scottish Sheriff Court case on the competency of an assignation of standard securities (secured charges). It follows two recent conflicting cases of OneSavings Bank v Burns, where the court found in favour of the borr... Full Article
or Time for Class Actions in Scotland? By www.eversheds.com Published On :: 2018-03-07 Scottish Parliament brings forward Bill to introduce new “group proceedings” procedure in Scotland The Civil Litigation (Expenses and Group Proceedings) (Scotland) Bill (the ‘Bill’) is currently making its way through the Sco... Full Article
or Lawbite: Searching for a solution By www.eversheds.com Published On :: 2018-03-29 Commodity Solution services Limited and Charles Henry Sands v First Scottish Searching Services Limited [2018] SC DUNE 74 In Scotland, inhibitions are a method of debt recovery designed to prevent a debtor selling or disposing of heritable property ... Full Article
or New court pilot scheme for unopposed lease renewals By www.eversheds.com Published On :: 2018-04-12 ... Full Article
or Lawbite: Business Rates - Two Cases Bring Positive News For Ratepayers By www.eversheds.com Published On :: 2018-05-16 Ryan Fisher Vinyl & Carpet Showroom RA/94/2017 Thorntons plc and Clarions Solicitors Limited RA/80/2017 and RA/93/2017 The Upper Tribunal (Lands Chamber) has handed down two decisions recently which have highlighted the Tribunal’s pragmati... Full Article
or Dont take their word for it - the No Oral Modification Effect By www.eversheds.com Published On :: 2018-05-24 The Supreme Court has handed down its judgment in the long-awaited appeal of Rock Advertising Limited v MWB Business Exchange Centres Limited [2018] UKSC 24, a case which the court describes as “exceptional” on the basis it concerns two ... Full Article
or Rates Mitigation: We act for Principled Offsite Logistics in landmark case By www.eversheds.com Published On :: 2018-07-09 R (Principled Offsite Logistics Limited) – v - Trafford Council [2018] EWHC 1687 (Admin) In a decision which will be welcomed by corporate occupiers nationwide, the High Court has ruled that the storage model employed by Principled Offsite Log... Full Article
or Lawbite: Watch your Wording By www.eversheds.com Published On :: 2018-07-13 TRILLIUM (PRIME) PROPERTY GP LTD v ELMFIELD ROAD LTD (2018) [2018] EWCA Civ 1556 The tenant sought, on appeal, to argue that the wording of its rent review clause was ambiguous such that the calculation for its rent review could not be taken literal... Full Article
or Lawbite: Not all or nothing the test of reasonableness By www.eversheds.com Published On :: 2018-07-25 No.1 West India Quay (Residential) Ltd v East Tower Apartments Ltd [2018] EWCA Civ 250 The Court of Appeal has overturned the High Court’s decision and confirmed that where two out of three of the landlord’s reasons for refusing consent ... Full Article
or Lawbite: When does a nuisance tenant become the landlords problem? By www.eversheds.com Published On :: 2019-02-13 Fouladi v Darout Ltd and others [2018] EWHC 3501 (Ch) A nuisance is caused by a person doing something on his own land, which he is lawfully entitled to do but which becomes a nuisance when the consequences of his act extend to the land of his neigh... Full Article
or Lawbite: Does an oral promise to pay amount to a guarantee? By www.eversheds.com Published On :: 2020-01-16 Deepak Abbhi v Richard John Slade (trading as Richard Slade & Co) [2019] EWCA Civ 2175 The Court of Appeal recently unanimously held that an oral promise by a son-in-law to give money to his father-in-law to pay legal fees was an indemnity and n... Full Article
or Yummy Pork and Gravy By www.food.com Published On :: Thu, 07 May 2020 21:13:54 +0000 Source: Gooseberry Patch, slightly adapted -- posted by Sassy J Full Article
or Crispy Buttermilk-Soaked Pork Chops By www.food.com Published On :: Tue, 05 May 2020 19:24:39 +0000 Delish -- posted by Robbie 22 Full Article
or Billy’s Biscuits for Countertop Convection Ovens By www.food.com Published On :: Tue, 05 May 2020 19:24:09 +0000 I Love Biscuits and I have been searching for a quick and easy recipe to make in my countertop convection oven. Living in a hot climate – I don’t want to heat up the house with the regular oven and besides, I only want a small batch. This is a quick and easy Drop-Biscuit recipe that makes six biscuits. Plus, you can make it Vegan if you like! -- posted by Billy R. Full Article
or Grandpa Corbin’s Salt Cod Fishcakes By www.food.com Published On :: Tue, 05 May 2020 19:24:03 +0000 When I was a boy growing up in the Bronx, I would often stay at my Aunt Gloria and Uncle Mike’s apartment when I got home from school until my mom got home from work. They lived on the ground floor of the same apartment building that my family lived in. My Grandpa Corbin lived with them. It was a wonderful neighborhood of many different nationalities and many wonderful cooking smells! Sometimes when turning the corner to our block, I would be greeted by the unmistakable aroma of Grandpa’s Codfish Cakes! Once, being the little chubby piggy kid that I was I ate the last two Codfish cakes from the day before. Aunt Gloria quickly scooted me outside to play, but I could hear Grandpa yell “Who ate the last codfish cakes!!” After he cooled off – Grandpa had a temper – I apologized, but I could tell he was still pretty angry. Not long after, I turned the corner to the smell of Codfish Cakes! There sat Grandpa with a glint in his eye. “I made these codfish cakes the way I really like them! It might keep you from eating them all!” He handed me one with a smile on his face. I took a bite and thought my head might explode! But I think that started my love of hot foods! I finished and asked for another through the tears. He laughed and handed me another – this one wasn’t quite so hot – I do think the first one was specially made just for me. Over the years I tried to duplicate Grandpa’s Cod Fishcakes – without any success – thinking it was an English recipe. It wasn’t until I found out that Grandpa Corbin was born in Barbados and I found a recipe from there that tasted almost like I remembered. With some adjustments over the years, I think I finally have it! -- posted by Billy R. Full Article
or Managing Fatigue in the Rail Transport Sector By www.eversheds.com Published On :: 2019-09-23 Whether it is caused by a medical condition, working hours, shift patterns or personal circumstances, fatigue is a health and safety risk that can often be overlooked, but must be controlled by employers. Many well-known major accidents such a... Full Article
or Strategic, pragmatic and focused support - 2019 Health and Safety experience By www.eversheds.com Published On :: 2019-12-18 ... Full Article
or Not so good vibrations prosecutions for failures to adequately manage the risks from vibration remain a priority for the HSE By www.eversheds.com Published On :: 2020-01-10 Amy Sadro, Principal Associate in Eversheds Sutherland’s Environment, Health and Safety Team and Dr Chris Nelson, a Principal Consultant and specialist in noise and vibration at Finch Consulting give their views on recent HAVS prosecutio... Full Article
or Prosecuted for COVID-19 exposure of employees REALLY? By www.eversheds.com Published On :: 2020-03-19 Amidst the attention grabbing hysteria of Coronavirus headlines, some commentators have speculated that employers may be about to face prosecution if they don’t take all precautions possible to protect staff and third parties from infection. I... Full Article
or The Coronavirus - advice from a health and safety lawyer By www.eversheds.com Published On :: 2020-03-20 Amidst the attention grabbing hysteria of Coronavirus headlines, some commentators have speculated that employers may be about to face prosecution if they don’t take all precautions possible to protect staff and third parties from infection. I... Full Article
or Coronavirus - Remote/home working UK By www.eversheds.com Published On :: 2020-03-25 Advice note - Remote/home working during the coronavirus outbreak Employers are facing unprecedented challenges due to the coronavirus, which for some mean that a significant proportion, if not all, of its workforce are working from home, at short n... Full Article
or Coronavirus - Further Extensive Amendments to the Regulations South Africa By www.eversheds.com Published On :: 2020-04-03 Under Gazette number 43199 of 2 April 2020, the Department of Co-Operative Governance and Traditional Affairs has issued various amendments to the regulations issued by it in terms of the Disaster Management Act, relating to funeral attendances, fin... Full Article
or Coronavirus (COVID-19)- Do I still need to obtain an Energy Performance Certificate? By www.eversheds.com Published On :: 2020-04-07 The Government has published advice on meeting the regulatory requirement to obtain a valid Energy Performance Certificate (“EPC”) prior to marketing a property during the Coronavirus outbreak. By way of reminder, the Energy Performance ... Full Article
or Memorandum on Covid-19 - Directive issued by the Minister of Employment and Labour on 29 April 2020 By www.eversheds.com Published On :: 2020-05-02 BACKGROUND New Regulations were issued in terms of the Disaster Management Act, No. 57 of 2002 (Disaster Management Act) on 29 April 2020 (New DMA Regulations). Regulation 2(3) of the New DMA Regulations provides that any Directions issued by a resp... Full Article
or Coronavirus - Occupational health and safety measures in workplaces South Africa By www.eversheds.com Published On :: 2020-05-04 On 29 April 2020, a directive addressing the implementation of necessary occupational health and safety measures in workplaces to reduce and eliminate the escalation of Covid-19 infections (“Directive”) was published. The Occupational He... Full Article