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MiFID II and Structured Deposits: New Duties for Banks

The European Commission (Commission) has contacted the European Securities and Markets Authority (ESMA) and, more recently, the European Banking Authority...




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Publication of the EU Market Abuse Regulation: Particular Considerations for Asset Managers

In the same week that the Recast Markets in Financial Instruments Directive (MiFID 2) and its companion Regulation (MiFIR) were ...




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Morocco - New opportunities for investments of companies based in Morocco

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...




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AIFMD update: ESMA updates AIFMD Q&As and delays opinion on the extension of the AIFMD passport to non-EU entities

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...




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New EU laws for marketing AIFs and UCITS: One step forward, one step back?

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...




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Authorised funds for hedge strategies

  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...




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Show me the Money! - The SFC Moves to Regulate Depositaries of SFC-authorised Collective Investment Schemes

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...




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2020 - The year to get licensed - A new start for PE firms and family offices

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...




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Hedge funds and UK management vehicles: a cheat-sheet for first-time managers

  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...




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Lawbite: Faraday – magnet for concerned developers?

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...




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Lawbite: Less is not more when it comes to Qualifying Long Term Agreements

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...




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Lawbite: From Paving to Possession to Proprietor

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...




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Lawbite: Forming an oral agreement

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...




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At what point in time is permission needed for landlord’s access?

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...




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Lawbite: A little bit of relief for BHS

(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...




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Lawbite: No place for the real world in this business rates negotiation

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...




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Back to basics – requirements for contracts for sale of land

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...




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Lawbite: When is it reasonable for a landlord to enter their tenant’s demise?

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...




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Ground Rent Zero - the Government's Response to Consultation on Leasehold Reform

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...




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Lawbite Oral agreement did not extinguish right of way

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...




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The Humble Coronation of King Jesus (Matthew 21:1-11)

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

 




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The Garden of Glory (Selected Scriptures)

A NOTE ABOUT THIS TRANSCRIPT

The following sermon transcript does not match the video version of the sermon—i

 




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Taking Sin Seriously at the Lord’s Table (James 1:13–17)

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

 




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Finding Security in This Troubled World (1 Peter 3:13–17)

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

 




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Lawbite: Service Charge – Welcome Relief for Intermediate Landlords

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 ...




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Lawbite: Is my debt secure or not?

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...




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Time for Class Actions in Scotland?

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...




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Lawbite: Searching for a solution

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 ...




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New court pilot scheme for unopposed lease renewals

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Lawbite: Business Rates - Two Cases Bring Positive News For Ratepayers

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...




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Don’t take their word for it - the No Oral Modification Effect

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 ...




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Rates Mitigation: We act for Principled Offsite Logistics in landmark case

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...




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Lawbite: Watch your Wording

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...




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Lawbite: Not all or nothing … the test of reasonableness

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 ...




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Lawbite: When does a nuisance tenant become the landlord’s problem?

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...




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Lawbite: Does an oral promise to pay amount to a guarantee?

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...




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Yummy Pork and Gravy

Source: Gooseberry Patch, slightly adapted -- posted by Sassy J




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Crispy Buttermilk-Soaked Pork Chops

Delish -- posted by Robbie 22




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Billy’s Biscuits for Countertop Convection Ovens

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.




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Grandpa Corbin’s Salt Cod Fishcakes

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.




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Managing Fatigue in the Rail Transport Sector

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...




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Strategic, pragmatic and focused support - 2019 Health and Safety experience

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Not so good vibrations – prosecutions for failures to adequately manage the risks from vibration remain a priority for the HSE

 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...




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Prosecuted for COVID-19 exposure of employees – REALLY?

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...




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The Coronavirus - advice from a health and safety lawyer

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...




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Coronavirus - Remote/home working – UK

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...




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Coronavirus - Further Extensive Amendments to the Regulations – South Africa

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...




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Coronavirus (COVID-19)- Do I still need to obtain an Energy Performance Certificate?

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 ...




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Memorandum on Covid-19 - Directive issued by the Minister of Employment and Labour on 29 April 2020

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...




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Coronavirus - Occupational health and safety measures in workplaces – South Africa

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...