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New EU Procurement Directives coming into force

A quick update on the progress of the new Directives. It is anticipated they will be published in the Official Journal of the European Union on 28 March 2014, meaning that they will then come into force on 17 April 2014. Following the Directives com...




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Case comment: R (on the application of Kim Alexander Gottlieb) v Winchester City Council [2015] EWHC 231 (Admin)

A Councillor has successfully applied for judicial review of a decision by his own council to vary a contract for the development of a mixed retail, residential and transport hub in Winchester. The High Court ruled that the variations to the contrac...




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New guide (TCC) sets out the recommended pre-action process for parties to follow in a procurement dispute

On 17 July 2017, a new Appendix H to the Technology and Construction Court Guide was published which provides guidance on procedures for public procurement cases (the “Guide”). Although this detailed procedural guidance is likely to prove usefu...




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Openness in public procurement – a worthy cause facing new challenges

The establishment of more open public procurement systems, that is, procurement systems which offer foreign suppliers access to the award of public contracts on the basis of no less favourable terms than to domestic suppliers, constitutes an essenti...




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Brexit and UK public procurement law

Following the June 2016 referendum on the UK’s membership of the EU, the UK government triggered article 50 of the Treaty on the Functioning of the European Union on 29 March 2017, thereby commencing the two-year formal process that will ultim...




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France – Private enforcement of competition law: French Supreme Courts dismisses nullity and follow-on damages claims of EDF and ERDF

On 13 September 2017, EDF and ERDF lost their fight to declare null and void the contracts they entered into further to bids that were rigged by Nexans France (“Nexans”), Prysmian Energies Câbles et Systèmes (“Prysmian...




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Bangladesh: All Rohingya Found at Sea Will Be Taken to Bhashan Char Island

After insisting for weeks it would take no more refugees, Bangladesh relents and rescues hundreds.




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Guards Drag Pro-Democracy Lawmakers From Hong Kong Legislature

The guards were acting at the behest of a pro-Beijing politician whose authority to order their removal has been questioned.




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EU Allows China to Edit Op-Ed Article, Removing Mention of Virus Origins

The EU's ambassador made a 'mistake' in giving the go-ahead for the censorship, officials say.




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Family Claims Cambodian Detainee Was Tortured to Death in Prison, Despite Suicide Ruling

The man’s aunt demands that authorities bring his killers to justice.




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Lao Migrant Workers Clear Quarantine, Return Home, After Crossing Back From Thailand

Those sent home will continue to be monitored by local officials for signs of ill health, though, provincial officials say.




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Cambodian Police to Ease Crackdown on Traffic Law Violators Amid Coronavirus

New law requiring vehicles to have license plates led to traffic fine bonanza.




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The law for crypto-asset custody

James Burnie throws light on the law for the custody of crypto-assets in this exclusive interview with New Money Review. Click here to read the article > This article was written and published by New Money Review Staff on November 25, 2019....




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CSSF sets new Brexit deadline for UK entities

Introduction Earlier this year, Luxembourg’s financial services regulator, the Commission de Surveillance du Secteur Financier (the “CSSF”) announced a year-long transitional period, to take effect from the date of a no-deal Brexit...




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The FCA bans the promotion of mini-bonds to retail consumers: what does this mean and what does it say about FCA thinking?

On 26 November 2019 the FCA announced that it was using its product intervention powers to ban the promotion of so-called “speculative mini bonds” to retail consumers. The ban will come into force on 1 January and will last for 12 months...




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Illiquid Assets - New FCA rules (PS19/24) and “Dear Chair” Letter

Introduction The FCA published its Policy Statement (PS19/24) in relation to illiquid assets and open-ended funds on 30 September 2019. The statement responds to feedback provided in response to Consultation Paper (CP18/27) and settles on a final sl...




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Low Carbon Benchmarks Regulation

  Introduction Regulation (EU) 2019/2089, known as the Low Carbon Benchmarks Regulation, (the “Regulation”) was published in the Official Journal on 9 December 2019 and entered into force on 10 December 2019. The Regulation amends ...




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Entering new territory: Implementation Period

The UK has now officially left the European Union and entered an implementation period ("IP"), which is due to last until 31st December 2020 – IP Completion Day. During the implementation period, European law will continue to apply and firms ...




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Buy-side perspective: Issues with delegation of SFTR reporting cause a headache

Sell-side reluctance to accept delegation of reporting under the Securities Financing Transaction Regulation (“SFTR”) is causing a headache for buy-side firms.  If buy-side firms are unable to establish delegation arrangements they ...




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Overnight sensation: ISDA publishes new definitions to facilitate transition from EONIA

On Friday 14 February 2020, the International Swaps and Derivatives Association, Inc. (“ISDA”) published the ISDA Collateral Agreement Interest Rate Definitions (the “Collateral Rate Definitions”). The Collateral Rate Definit...




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Cayman Islands Added to Annex 1: What Managers Need to Know

On 18 February 2018, the EU added the Cayman Islands to its list of noncooperative jurisdictions for tax purposes (“Annex 1”). This has come as a surprise, but is unlikely to have any immediate impact on Cayman-domiciled funds. In this b...




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Overview of new German and French crypto regimes

Part A: Regulation of crypto assets     Germany



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Libor – the countdown continues

As the countdown to the end of LIBOR continues, regulators are increasing the pressure on the market to prepare and proactively engage with their clients to ensure a smooth transition to a new risk-free rate. Failure to do so will expose firms to th...




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Coronavirus - Additional legal protections for residential and commercial tenants in England and Wales - UK

In addition to the FCA’s recent guidance (see our note summarising the main points here) on payment holidays and repossession actions addressed to mortgage lenders, mortgage administrators, home purchase providers and home purc...




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Hydro One Limited (HRNNF) CEO Mark Poweska on Q1 2020 Results - Earnings Call Transcript




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Algonquin Power & Utilities Corp. (AQN) CEO Ian Robertson on Q1 2020 Results - Earnings Call Transcript




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Northwest Natural Holding Co (NWN) CEO David Anderson on Q1 2020 Results - Earnings Call Transcript




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Atlantic Power Corp (AT) CEO James Moore on Q1 2020 Results - Earnings Call Transcript




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Southwest Gas Holdings, Inc. (SWX) CEO John Hester on Q1 2020 Results - Earnings Call Transcript




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New Jersey Resources Corporation (NJR) CEO Steve Westhovenon Q2 2020 Results - Earnings Call Transcript




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Pinnacle West Capital Corporation (PNW) CEO Jeff Guldner on Q1 2020 Results - Earnings Call Transcript




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Determining a highway ‘maintainable at public expense’ not a walk in the park

The High Court looks at the definition of highway ‘maintainable at public expense’ in the recent case of Barlow v Wigan Metropolitan Borough Council (2019). The case at first instance The claimant, Deborah Barlow, brought a claim against...




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Coronavirus - EU Commission guidelines: Is compensation payable when flights are cancelled - EU

Summary of the communication from the EU commissionInterpretative Guidelines on EU Regulation 261/2004 on passenger rights in the context of the developing situation with Covid-19 - 18 March 2020 Right to choose between reimbursement and rerouting ...




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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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Watching premier league in a pub

The ECJ says "Let them watch football!" In a case which may change how the Premier League chooses to structure broadcasting rights packages, on 4 October, the Eu...




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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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Eversheds Sutherland launches African mining team - African Law Business

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

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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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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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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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Competition law to apply to land agreements from April 2011

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Space as a Service - The Future of the Workspace

By 2030, according to Forbes, millennials will make up 75% of the workforce. Digitally wired since their childhoods, millennials favour work-life integration rather than work-life balance reflecting the way today’s boundaries between professio...




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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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Confirmation of the new balance of probabilities test for suicide conclusions in Inquests

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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 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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Waste exclusion regulations, 2018 - Moving towards a circular economy

Introduction A circular economy is an economic system characterised by the trading of products and services in closed loops or cycles. The system is designed to be regenerative insofar as it aims to retain as much value as possible from used product...




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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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How to manage fatigue in the Workplace

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