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As Contracting Authorities will be aware, in circumstances where the Negotiated Procedure is used, they are able to negotiate with tenderers in order that their tenders can be adapted to meet the requirements in the contract notice, the specificatio...

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...

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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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...

On 2 April 2019, the European Commission issued a press release regarding its State aid investigation into aspects of the UK controlled foreign company (CFC) rules. This press release explains that certain aspects of the CFC rules under investigatio...

While companies are trying to find ways to ensure health and well-being of their work-force and align those measures with business continuity as usual, it is equally important that deal managers look out for risks associated with the spread of virus...

  Coronavirus: effect on M&A sales process The implementation of sales processes is currently facing particular challenges: bidders are dropping out, financing can no longer be implemented, the business plans of the targets can no longer be...

Coronavirus: withdrawal from the SPA - MAC clauses in the sales contract What is the rule in the USA is rather rare in Germany; so-called Material Adverse Change clauses (or MAC clauses), which grant the buyer a right to withdraw from the purchase...

Residents must pay in food or cash to help construction of a new hospital in the capital.

Iminjan Seydin appeared in a video praising the government after he was missing for three years.

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

A record decline in greenhouse gas could be followed by a larger increase as the economy rebounds, energy experts warn.

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

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

“The Chinese Communist Party must end its pattern of bullying Southeast Asians out of offshore oil, gas, and fisheries,” said Adm. John Aquilino.

Hackers used Aria-body, an intrusive new tool, to attack computers in Thailand, Indonesia, the Philippines, Vietnam, Myanmar and Brunei, report says.

For companies that are financially stressed or distressed, a sale of the company or its business and assets might be the best exit route for its stakeholders. The desire to exit through a sale is often the preferred method for financial creditors wh...

Coronavirus piles more pressure and strain on the automotive sector, disruption supply chains, factory closures and restructuring The COVID-19 (Coronavirus) outbreak has now been labelled a pandemic by the World Health Organisation (WHO). COVID-19 ...

Belgian company law is characterized by an internal and external liability of directors. Internal liability means that directors are liable to the company for any errors committed in the performance of their duties. External liability, on the other ...

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....

As part of the implementation of the Amending Directive of the Fourth EU Directive on Money Laundering (Directive (EU)2018/843), the German Federal Government has decided to include crypto assets in the list of financial instruments and to regulate ...

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...

On 16 October 2019, the FCA published their feedback statement FS19/6 on Climate Change and Green Finance[1]. This feedback statement summarises the responses from stakeholders to the Discussion Paper (DP18/8) on Climate Change and Green Finance[2] ...

Introduction For many years the FCA has considered whether to apply an overarching standard of care that should be applied to authorised firms. In July 2018 they concluded that there was not “a sufficient basis for making changes to primary l...

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 ...

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 ...

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...

Part A: Regulation of crypto assets     Germany

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...

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 ...

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...

The Government's proposed changes to the licensing regime established under the Licensing Act 2003 ('the Act') are set out in the Police Reform and Social Responsibility Bill ('the Bill'). The amendments which are expected to be implemented will imp...

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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A non-recourse agreement between a landlord and an incoming tenant did not affect the liability of a previous tenant under an authorised guarantee agreement. The Contracts (Rights of Third Parties) Act 1999 (the 1999 Act) applies to contractual ter...

The Department of Communities and Local Government has published new guidance explaining how the Community Infrastructure Levy (CIL) will work in practice. The guidance covers: how CIL will be set and spent how, when and by whom CIL will be...

In its concern to block tax avoidance, HMRC is planning to make Stamp Duty Land Tax (SDLT) ever more complicated, as two recent consultations show. Residential properties held by companies The first consultation proposes the imposition of SDLT on ...

A guidance note for clients Empty rates As part of its policy to encourage the use and occupation of empty buildings, the Government has introduced the Rating (Empty Properties) Act 2007 (the 2007 Act). Under the 2007 Act, with effect from 1 April ...