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Procurement Briefing Issue 2 2006 - EC procurement thresholds from 31 January 2006

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Procurement Briefing Issue 3 2006 - Competitive dialogue - A brave new world

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Procurement Briefing Issue 4 2006 - Awarding contracts to in-house companies

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Procurement Briefing Issue 1 2007 - Bidder beware?

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Procurement Briefing Issue 2 2007 - Tendering burdens removed in electricity and gas supply markets

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EU public procurement directives update

Parliamentary approval delayed to 2014 Provisional agreement between the EU Council, Commission and Parliament was reached back in July 2013 on the draft text of three new EU public procurement directives but these draft directives are still awaitin...




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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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Procurement opportunities to come from Brexit

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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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Chambers Global Practice Guide – Public Procurement & Government Contracts 2019

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Electronic invoicing in public procurement

Since April 26, 2019, contractors, to whom a public contract or concession has been awarded, have the possibility to issue an electronic invoice and transmit it to the contracting authority. This novelty is the result of the transposition of the Eur...




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Rural North Koreans Forced to Provide Food Aid to Privileged Pyongyang

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




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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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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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Open for business: Proposal for a streamlined UK regime for overseas funds post Brexit

Cross-border fund marketing arrangements into the UK are poised to be significantly amended when the current post-Brexit ‘transition or implementation period’ (“TIP”) comes to an end on 31 December 2020.  Retail funds&rs...




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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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Coronavirus - Insurance Claims: Covid-19 Protocol - UK

In these extraordinary times a number of insurers and “claimant” law firms have agreed a protocol that should avoid unnecessary procedural problems. The full and commendably concise text can be found here. In summary, signatories t...




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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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Concerns remain around ‘much improved’ 2019 mine rehab financial provision regulations

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Business rates and empty property from 1 April 2008

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 ...




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Easements, covenants and profits à prendre: reform is in the air

The Law Commission has published a consultation paper proposing wide-ranging reforms to the law governing easements, covenants and profits à prendre. The changes suggested by the Law Commission include: the creation of a single new method ...




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Consulting tenants of mixed-use properties on service charge expenditure

Helpful analysis of when landlords of mixed–use properties need to consult their tenants before incurring service charge costs. The Landlord and Tenant Act 1985 requires landlords who own residential blocks of flats to consult their tenants b...




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SDLT on high value residential property

High value residential property New Tax Rates The 2012 Budget introduced a new charge to stamp duty land tax (“SD...




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.properties opens its doors

The protection of brands is a key issue for many businesses, particularly for those brands which are consumer facing.   One aspect of brand protection is the protection of brands in domain names. Until recently, the number of generic top l...




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EU Advocate General gives landmark opinion in relation to the VAT treatment of property services to Real Estate Funds (C-595/13)

This week, an Advocate General gave a landmark opinion that the VAT exemption for the management of certain special investment funds can apply to property management, as well as to other fund management services. The opinion represents a completely ...




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The Court of Justice in Eenheid holds that the day to day management of Property Funds is subject to VAT

The Court of Justice of the European Union delivered its judgment in Case C-595/13 Staatssecretaris van Financiën v Fiscale Eenheid X NV cs on 9 December 2015. Full Article



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

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Legal professional privilege update: protections and pitfalls

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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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Private prosecution of BP Southern Africa Proprietary Limited

South Africa has recently developed a culture of private prosecution. The trend towards private prosecution has largely been focused on the prosecution of individuals for corruption. The significant challenges faced by the private prosecutors (prima...




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Financial Provision Regulations 2019

Introduction There has been significant debate amongst key stakeholders including government, mining companies, and environmental lobbyists regarding how mining companies should not only be held accountable for mine closure but also how the often va...




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The Minimum Energy Efficiency Standard (“MEES”) for commercial properties – upcoming changes for landlords and tenants.

On the 15 October 2019 the government published its consultation on the future trajectory of the Minimum Energy Efficiency Standard for commercial properties under the Energy Efficiency (Private Rented Property) (England and Wales) Regulations 2015 ...




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Eversheds Sutherland maintains growth with partner promotion in Hong Kong

Eversheds Sutherland has announced 38 partner promotions across its global network. A total of 16 of these promotions are female which is in line with its goal to achieve 30% female representation at partner level by 2021.  In Asia, we are plea...




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Eversheds Sutherland announces 38 promotions to partner for 2020

Eversheds Sutherland announces that it has made 38 partner promotions across its International and Europe network. A total of 16 of these promotions are female which is in line with its goal to achieve 30% female representation at partner level by 2...




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Legal Compass: COVID-19 affects debt collection and bankruptcy proceedings

The stay on debt collection proceedings will end on 22 April 2020. The Federal government adopted emergency law on 16 April 2020, in order to prevent coronavirus-related bankruptcies and the resulting job losses. The “COVID-19 Insolvency Ordin...




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Markus Naef: new Partner with Eversheds Sutherland and Brigadier General with the Swiss Armed Forces, currently National Coordinator for procurement in times of COVID-19

Eversheds Sutherland is pleased to announce the appointment of a new Partner in the fields of data protection and IT law. As an attorney and 2012 certified Senior Project Manager IPMA Level B, Markus Naef advises companies on legal safeguards and ex...




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Coronavirus –draft FCA guidance for the Insurance industry – customers in temporary financial difficulty and product value - UK

On 1 May, the FCA issued two sets of draft guidance which will be important reading for all firms involved in insurance arrangements and particularly insurers, intermediaries and premium finance lenders. As it considers that the delay involved in co...




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Jakarta's 'Great Garuda' Project: Profits for Re-emerging Elites in the Name of Climate Change

By Wilmar Salim, Keith Bettinger, and Micah Fisher HONOLULU (June 21, 2019)—With a population of more than 30 million, greater Jakarta is the largest metropolitan area in Southeast Asia and one of the most densely populated urban regions in the world. The city is a major economic engine for Indonesia, accounting for approximately 25 percent of the country’s gross domestic product. Yet urban poverty remains an intractable problem, and Jakarta’s infamous traffic congestion paralyzes commerce, leaches productivity, and contributes to air pollution and associated health hazards.

This is a summary only. Click the title for the full article, or visit www.EastWestCenter.org/Research-Wire for more.




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Plastic and microplastic litter: A serious problem in the Arctic Ocean

By Sherry P. Broder HONOLULU (August 28, 2019)—Since the 1950s when plastics were first produced, more than 150 million tons of plastic debris have accumulated in the world’s oceans. Marine plastic litter includes large items, such as nets, floats, and other fishing debris, plus tiny microplastic particles that are pervasive and practically invisible to the naked eye—but equally harmful. The International Union for Conservation of Nature (IUCN) estimates that more than 35 percent of all the primary plastics that end up in the oceans are microplastics and that most of these tiny particles originate from textiles. Ingestion of plastic particles by fish, bivalves, and other seafood is particularly concerning for humans, in part because little is known about the pesticides that are...

This is a summary only. Click the title for the full article, or visit www.EastWestCenter.org/Research-Wire for more.




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New Technologies and New Modes of Production Disrupt China's Automotive Industry

By Boy Lüthje HONOLULU (6 April 2020)—The development of electric and self-driving vehicles is bringing on a massive restructuring of the global automotive industry. Emerging forms of new and shared mobility undermine the very model of private car ownership that has underpinned the automotive industry since the days of Henry Ford.

This is a summary only. Click the title for the full article, or visit www.EastWestCenter.org/Research-Wire for more.




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Innovative Industrial Has A Real Estate Problem




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Medical Properties Trust: Oversold And Still Growing




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Dividend Stripping Provisions in Updated Tax Bills

With the delivery of the Medium Term Budget Policy Statement on 30 October 2019, updated and amended draft tax bills have been released highlighting the latest proposed amendments to the relevant tax acts.  The amended bills contain the le...




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Tax Proposals in the 2020 Budget

In a difficult economic climate, Minister Tito Mboweni delivered a budget speech, which on the face of it appears to provide a number of positive outcomes, including the provision of personal income tax relief through an above inflation increase in ...




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Coronavirus - Import duty and VAT on medical supplies, equipment and protective clothing - Europe

In order to help in the fight against COVID-19, the European Commission has adopted a Decision, addressed to the Member States, which allows for tax authorities across Europe to offer import tax reliefs to importers of personal protective equipment ...




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Coronavirus - (Real Estate) investment funds in the Corona crisis: Liquidity risks through regulatory and tax provisions - Germany

No support in the Corona crisis... The measures already initiated by the German Federal Government and the EU Commission to support and secure liquidity in the Corona crisis are focused on the industries directly affected by Corona/ COVID 19. They ...




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Foreign worker protests and EU labour law

Article 49 of the EC Treaty prohibits restrictions on the freedom to provide services within the EU; Article 43 similarly prohibits restrictions on the freedom to establish businesses. Together with a prohibition on the grounds of nationality, these...




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Service provision change under TUPE

Since the 2007 decision of the Reading Employment Tribunal in the case of Hunt v (1) Storm Communications Ltd (2) Wild Card Public Relations Ltd and (3) Brown Brothers Wines (Europe) Limited it has been understood that the provision of professional ...