on Nuts and bolts of possession commercial By www.eversheds.com Published On :: 2020-10-27 A review of the legal framework for recovering possession of commercial premises. When might a tenant have security of tenure and what does it mean if it does? A practical guide to understanding the 1954 Act regime and some tips for successfully nav... Full Article
on Nuts and bolts of possession residential - webinar By www.eversheds.com Published On :: 2020-11-03 A review of the legal framework for recovering possession of residential premises. The process of recovering possession of student accommodation and the statutory regime which applies under the 1988 Act for other forms of residential property. A pra... Full Article
on Employee relations - working effectively with your union and employee representatives By www.eversheds.com Published On :: 2020-11-05 Many senior managers lack experience of working with unions and employee representatives.... Full Article
on Pensions education sector annual conference By www.eversheds.com Published On :: 2020-11-13 Following the success of our inaugural pensions education sector conference 2019 we will be holding another conference next year in our Birmingham office. ... Full Article
on IHC HR e-briefing 105 - Age discrimination: a qualification By www.eversheds.com Published On :: 2010-04-27 The Court of Appeal has today handed down an important decision in the context of age discrimination and criteria for career progression. Endorsing the earlier judgement of the Employment Appeal Tribunal, the Court has found that ... Full Article
on IHC HR e-briefing 106: the coalition - prospects for employment law? By www.eversheds.com Published On :: 2010-05-13 The Conservative and Liberal Democrat Coalition Agreement provides some clues as to the future development of employment law under the new Government. The seven page document is an interim agreement and will be followed "in due course" by a final Co... Full Article
on IHC HR e-briefing 107: balloting requirements for industrial action By www.eversheds.com Published On :: 2010-05-19 A growing number of successful injunctions against trade unions to halt strikes is attracting increasing media attention. Arguments will undoubtedly continue about whether such injunctions are undemocratic, or simply reflec... Full Article
on IHC HR e-briefing 110 - Vetting and barring scheme implementation halted By www.eversheds.com Published On :: 2010-06-15 This morning, the Home Secretary, Theresa May, announced that the new vetting and barring scheme for people who work with children or vulnerable adults is to be "brought to a halt" pending review. The scheme, the scope of which is defined by the Saf... Full Article
on IHC HR e-briefing 117 - Disability discrimination: in preserving the status quo, the Court of Appeal takes a radical leap! By www.eversheds.com Published On :: 2010-07-30 The Court of Appeal has approved the application of the House of Lords decision in the case of London Borough of Lewisham v Malcolm [2008] IRLR 700 to employment-related cases. See our previous HR e-briefing 366 for further information. In many res... Full Article
on IHC HR e-briefing 118 - The ECJ clarifies the effect of a relevant transfer on trade union recognition By www.eversheds.com Published On :: 2010-08-05 After more than 10 years of European legal protection for employees in the event of a relevant transfer, many aspects of the Transfer of Undertakings Directive 2001 (Council Directive 2001/23/EC) and its predecessor have by now been litigated over a... Full Article
on IHC HR e-briefing 120 - Legal professional privilege and in-house lawyers: EU declines to extend the scope By www.eversheds.com Published On :: 2010-09-17 Those in legal practice are all too aware of the benefits but also the limitations of legal professional privilege, none more so than lawyers working in-house. Where such protection arises in the context of UK practice is reasonably well settled. Ho... Full Article
on IHC HR e-briefing 126: Two new European Court rulings on age discrimination By www.eversheds.com Published On :: 2010-10-15 The Court of Justice of the European Union (CJEU) has handed down two important judgments on age discrimination this week. The first, on retirement, will be of interest to those employers deciding whether to retain a compulsory retirement age follow... Full Article
on Handling electronic disclosure from October 2010 By www.eversheds.com Published On :: 2010-10-20 The change Important new guidance for giving disclosure of electronic documents in civil litigation was introduced on 1 October 2010. A new practice direction (31B: the Electronic Disclosure PD) will have a significant impact on substantial c... Full Article
on IHC HR e-briefing 128 - Important TUPE case on non contractual employers By www.eversheds.com Published On :: 2010-10-27 Does the transferor need to be the employer? This may sound a strange question in abstract but, in the context of group companies, can be a highly relevant issue to the Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE). In... Full Article
on IHC HR e-briefing 129 - Court of Appeal decides collective redundancy consultation law is unclear By www.eversheds.com Published On :: 2010-11-09 The Court of Appeal has today cast doubt on existing domestic case-law on when the obligation to consult begins under section 188 TULRCA and the EU Collective Redundancies Directive. Having considered two opposing views as to when consultation begin... Full Article
on IHC HR e-briefing 130 - Annual Limit for Non-European Workers By www.eversheds.com Published On :: 2010-11-25 On 23rd November, the Home Secretary, Theresa May, made the long awaited announcement regarding the limits for workers from outside Europe which will come into effect in April 2011. In July 2010 interim limits were brought into effect to prevent a s... Full Article
on IHC HR e-briefing 131 - Data protection: ICO flexes muscles with first use of new fines power By www.eversheds.com Published On :: 2010-11-25 The ICO has announced its first use of its recent power to issue fines or monetary penalties for serious breaches of the data protection legislation. The power became effective in April 2010 (see Full Article
on IHC HR e-briefing 132 - Update on the Two-Tier Code By www.eversheds.com Published On :: 2010-12-14 Last month we commented upon speculation that the Government planned to withdraw the Cabinet Office statement of practice on workforce matters, “Two-Tier Code” (Full Article
on IHC HR e-briefing 133 - Government confirms October abolition of default retirement age By www.eversheds.com Published On :: 2011-01-13 The Government has today published a response to its public consultation on plans to abolish the default retirement age. Although the regulations by which this will be effected are unlikely to be published for a few weeks, the Government has confirm... Full Article
on IHC HR e-briefing 135 - New tax rules may impact on employee rewards and incentives By www.eversheds.com Published On :: 2011-02-03 New draft legislation may adversely impact on commercial arrangements which have been put in place by employers to reward and/or incentivise employees or which employers may wish to use in the future. The new legislation relates to 'Disguised Remune... Full Article
on IHC HR e-briefing 137 - Retirement abolition regulations not as expected By www.eversheds.com Published On :: 2011-02-17 The government has laid before Parliament the draft Employment Equality (Repeal of Retirement Age Provisions) Regulations 2011 aimed at abolishing the default retirement age. However, in the version seen by Eversheds, the transitional arrangements f... Full Article
on IHC HR e-briefing 138 - EAT decides key case on TUPE and insolvency By www.eversheds.com Published On :: 2011-02-18 Against a backdrop of difficult economic times, the appeal decision in Olds v Late Editions (and other cases) has been keenly awaited in the hope that it would clarify the application of TUPE law to insolvent businesses. A key question sits at the h... Full Article
on IHC HR e-briefing 140 - Retirement regulations amended By www.eversheds.com Published On :: 2011-03-02 The Government has laid before Parliament a revised draft of the Employment Equality (Repeal of Retirement Age Provisions) Regulations 2011 which are intended to abolish the default retirement age. The new regulations correct a pr... Full Article
on Eversheds' IHC HR e-briefing 144: Progress on public sector specific equality duties By www.eversheds.com Published On :: 2011-03-23 The Government Equalities Office (GEO) is proposing to make significant changes to the planned specific equality duties that will apply to certain public bodies in England, as well as some operating across Great Britain. The Welsh Assembly Governme... Full Article
on Chinas government has tamed dragon investors and harnessed them to ride for the state By www.eversheds.com Published On :: 2019-10-02 As originally published in React News Beijing is determined all outgoing investment will align with China’s strategic goals Stockholm - home of ABBA and fermented herring. A fish so pongy, the Swedes o... Full Article
on Lawbite: The retail CVA Lessons from the Debenhams case By www.eversheds.com Published On :: 2019-10-09 (1) Discovery (Northampton) Limited (2) Discovery (Nuneaton) Limited (3) Southampton Estates Limited (4) Discovery (Torquay) Limited (5) Discovery (Folkestone) Limited (6) Discovery (Harrogate) Limited v Debenhams Retail Limited (2) James Robert Tuc... Full Article
on Lawbite: What is the intention? By www.eversheds.com Published On :: 2019-10-09 London Kendal Street No.3 Limited v Daejan Investments Limited (County Court) Earlier this summer the County Court at Central London issued the first decided case to apply the test given in the Supreme Court case of S Franses Ltd v Cavendish Hotel (... Full Article
on Lawbite: Occupiers, Occupation and the imposition of rights under the Electronic Communications Code By www.eversheds.com Published On :: 2019-10-24 Cornerstone Telecommunications Infrastructure Limited v Compton Beauchamp Estates Limited [2019] EWCA Civ 1755 The Court of Appeal’s judgement is the latest decision concerning the Code and the first appeal heard concerning the Electr... Full Article
on Lawbite: A game of two halves for the Chelsea injunction By www.eversheds.com Published On :: 2019-10-31 Chelsea Football Club –v- Hardiman [2019] 10 WLUK 100 Chelsea had taken action to prevent an alleged ticket tout from selling tickets to football matches at the Chelsea ground. It applied to court to continue the injunction which it had ... Full Article
on Taking a lease off-plan: some construction considerations By www.eversheds.com Published On :: 2019-11-11 Eversheds Sutherland property column: November 2019 Taking property off-plan involves a whole host of extra considerations, and prestigious tenants looking for new high profile headquarters or bespoke office space require comprehensive landlord and ... Full Article
on Lawbite: Changing with the times refusing consent to residential use By www.eversheds.com Published On :: 2019-11-19 Sequent Nominees Ltd (formerly Rotrust Nominees Ltd) v Hautford Ltd [2019] UKSC 47 The Supreme Court has overturned the decision of the two lower courts and held that a landlord was reasonable to withhold its consent to the tenant’s applicatio... Full Article
on Supreme Court ruling to impact on registration of town and village greens By www.eversheds.com Published On :: 2019-12-13 The Supreme Court has issued an important decision which considers whether land can be registered as a town or village green where that land has been acquired by a statutory undertaker and is held for purposes that are inconsistent with the use of t... Full Article
on The Issues with Indexation By www.eversheds.com Published On :: 2020-01-20 Eversheds Sutherland Property Column: January 2020 Many real estate documents provide for the indexation of payments or prices or costs throughout the life of the transaction. Increases in line with inflation (however measured) or in line wit... Full Article
on Lawbite: Injunctions the intention is clear By www.eversheds.com Published On :: 2020-01-27 CUADRILLA BOWLAND LIMITED & ORS (Claimants/Respondents) v (1-3) PERSONS UNKNOWN (Defendants) & (1) KATRINA LAWRIE (2) LEE WALSH (3) CHRISTOPHER WILSON (Appellants/Respondents to Committal Applications) [2020] EWCA Civ 9. The Court of Appeal ... Full Article
on Lawbite: CVAs revocable after termination? By www.eversheds.com Published On :: 2020-01-30 (1) Edward Williams (2) Christine Mary Laverty v Carraway Guildford (Nominee A) Ltd & 19 Ors [2019] EWHC 3073 (Ch) The High Court recently refused to strike out a challenge to Regis UK Limited’s CVA despite the CVA having been terminated b... Full Article
on Coronavirus Tenancy law Austria By www.eversheds.com Published On :: 2020-03-25 In Austria, the Civil Code provides in its Sections 1104 and 1105 ABGB for total or partial exemptions from existing rent payment obligations for tenants in the case that the leased property is unusable due to epidemics. When is a complete rent exe... Full Article
on Coronavirus - Information for communities of condominium owners and administrators of residential properties - Germany By www.eversheds.com Published On :: 2020-03-31 SARS-CoV-2 ("Corona") The SARS-CoV-2 virus, also referred to as "Corona", has reached Germany with significant effects across all industries. This article aims at answering the specific issues which communities of condominium owners and administrato... Full Article
on Coronavirus - Lease agreements - Slovakia By www.eversheds.com Published On :: 2020-04-14 In cases where operations have to be closed or business activities are prohibited, the question arises as to what happens to the lease and whether it can be suspended, paid in instalments or cancelled altogether. Below we have prepared a short overv... Full Article
on Coronavirus - Is there a right to a rent reduction? - Switzerland By www.eversheds.com Published On :: 2020-04-23 Since the Federal Council ordered the closure of a large part of the shops in Switzerland in mid-March to counteract the spread of the COVID-19 virus, a dispute has raged between business tenants and landlords as to whether this extraordinary situat... Full Article
on FCA consultation paper on discretionary commission models and commission disclosure By www.eversheds.com Published On :: 2019-10-24 1. FCA Final Report on Motor Finance In March 2019, the FCA published its Final Report on motor finance. Our briefing note on the Final Report can be found Full Article
on Fixed charge receivers can now obtain possession against individual mortgagors By www.eversheds.com Published On :: 2019-11-19 Kavesseri Menon and Beena Menon –v- Nathan Pask and Rosalind Goode (as joint fixed charge Receivers) [2019] EWHC 2611(ch) Summary: The High Court recently provided much needed clarity on the previously unanswered question of whether Receivers ... Full Article
on Court refuses to interfere with FOSs decision-making on PPI complaint By www.eversheds.com Published On :: 2019-11-26 Summary The High Court has recently handed down its judgment in R (Critchley) v Financial Ombudsman Service and two others [2019] EWHC 3036 (Admin). The applicant, Mrs Critchley sought to challenge FOS’s rejection of her PPI complaint on... Full Article
on Supreme Court brings clarification on non-party costs orders for liability insurers By www.eversheds.com Published On :: 2019-11-28 Summary: The Supreme Court handed down its long anticipated judgment in the case of Travellers Insurance Company Limited v XYZ [2019] UKSC 48 on 31 October 2019. The appellant, Travelers Insurance Company Limited (“Travelers”) was succes... Full Article
on Fifth Money Laundering Directive implemented in the UK By www.eversheds.com Published On :: 2020-01-06 On 20 December 2019, the Money Laundering and Terrorist Financing (Amendment) Regulations 2019 (“MLR 2019”) were laid before Parliament. The MLR 2019 gives effect to the EU Fifth Money Laundering Directive[1] Full Article
on The use of threshold variations when seeking a defence against money laundering By www.eversheds.com Published On :: 2020-01-07 In November 2019 the National Crime Agency (NCA) published its annual Suspicious Activity Reports (SAR) Report for 2018/2019 (the Annual Report). The Annual Report focused on the continued year-on-year uplift in the overall number of SARs, and in pa... Full Article
on Culture and conduct: a new years resolution By www.eversheds.com Published On :: 2020-01-08 Jonathan Davidson, Executive Director of Supervision, Retail and Authorisations at the FCA, has written to CEOs of insurers concerning non-financial misconduct in wholesale general insurance firms. Davidson reminds firms of the FCA’s clear exp... Full Article
on Cryptocurrency AML Regulation: 10 January 2020 Regime By www.eversheds.com Published On :: 2020-01-10 As part of the UK Governments’ ongoing programme to implement the European Union’s Fifth Money Laundering Directive (5MLD) in UK law, the FCA will begin supervising Anti Money Laundering and Countering Financing of Terrorism (AML/CFT) co... Full Article
on High Court reaffirms tests for (i) a non-disclosure order and (ii) setting aside a without notice order due to non-disclosure By www.eversheds.com Published On :: 2020-02-03 United Kingdom Independence Party Limited v Richard Braine and others [2019] EWHC 3527 (QB) Facts of the Case This decision relates to: 1. applications by the Claimant (“UKIP”) for orders (a) continuing until trial an interim non-disclos... Full Article
on Court of Appeal finds that injunctions against persons unknown can (i) be framed by reference to a defendants intention and (ii) prohibit lawful conduct By www.eversheds.com Published On :: 2020-02-13 Cuadrilla Bowland Ltd & Ors v Persons Unknown & Ors [2020] EWCA Civ 9 Background In Boyd v Ineos Upstream Ltd... Full Article
on High Court delivers reminder that search orders are intended to preserve documents and not (without specific provision) provide early disclosure By www.eversheds.com Published On :: 2020-02-25 TBD (Owen Holland) Ltd v Simons & Ors [2020] EWHC 30 (Ch) Background A search order is one of the most draconian orders that the English courts can make, allowing an applicant where there is a real possibility that a respondent may destroy o... Full Article
