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Coronavirus: Hong Kong Government provides more details on the Employment Support Scheme - Hong Kong

We previously reported on the Hong Kong government’s Employment Support Scheme (“ESS”) to help employers defray salary costs and maintain employment. Earlier today on 17 April 2020, the government published more...




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Coronavirus - Final details emerge as the Coronavirus Job Retention Scheme is now live - UK

On Friday evening, 17 April, further revisions were made to the guidance for employers and employees regarding the operation of the Coronavirus Job Retention Scheme (the Scheme). This time also, the guidance changes were accompanied b...




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Coronavirus - Employment law update - Spain

Overview Our previous briefing on this topic (Coronav...




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Transfer of private drains and sewers to the water and sewerage companies

Regulations to effect the transfer of virtually all private sewers and lateral drains to the water and sewerage companies have now been made, and will take effect on 1 July 2011. For the majority of installations, the transfer is planned to take eff...




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Potential Unintended Consequences of E-mail Correspondence

You may recall the recent case of Golden Ocean Group Ltd v Salgaocar Mining Industries PVT Ltd [2011] EWHC 56 (Comm) in which it was argued that a valid guarantee had been given as a result of a chain of emails exchanged between two parties. At...




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European Commission publishes final report on Sustainable Competitiveness of the Construction Sector and issues public consultation

The European Commission has recently commenced a consultation exercise regarding future sustainability and competitiveness within the EU construction sector. This consultation was initiated following the publication of the Commission report on the S...




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The effect of “Brexit” on UK public procurement legislation and the application of EU State aid rules in the UK

Introduction This briefing considers issues relating to the extent to which the UK&rs...




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Publication of statutory guidance on supplier selection and a revised standard Selection Questionnaire

The Crown Commercial Service (“CCS”) has now published a revised standard Selection Questionnaire and guidance in the form of Procurement Policy Note (PPN) 8/16. This can be found here. PPN 8/16 supersedes and replaces PPN 3/15 which con...




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Brexit – State aid and public procurement law update

Introduction – Where are we now? In our original Full Article



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Public procurement case law update: The need to clarify the consequences of failing to meet an award criterion

MLS (Overseas) Limited v The Secretary of State for Defence [2017] EWHC 3389 (TCC) Summary In a recent judgment following a challenge to a competitive procurement process run by the Ministry of Defence (“MoD”) (MLS (Overseas) Limited v T...




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Austrian employment law training

Although there are similarities, it is dangerous to consider the German and Austrian employment law systems to be one and the same. Austrian law is distinct in many ways, most importantly in relation to probationary periods, the termination of emplo...




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Nordic (Denmark, Finland, Norway and Sweden) employment law training

This Nordic employment training course covers, in turn, an introduction to the employment law systems of Denmark, Sweden, Finland and Norway. We will also share the experience we have gained in assisting clients with their operations in the Nordic r...




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IHC HR e-briefing 100: the right to request time off for training or study the right to request time off for training or study

From today, a new right for employees to request time off work to undertake training or study applies to all businesses in England, Scotland or Wales with 250 or more employees. For employers familiar with the right to requ...




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Eversheds' IHC HR e-briefing 112: Employment Tribunal claims soar

Statistics for 2009-10 released by the Tribunals Service this week reveal that claims to employment tribunals have dramatically increased this year. Despite an overall drop in 2008-9, when the number of claims was 151,028, claims have soared to 236,...




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IHC HR e-briefing 114 - Uncertainty over future of paternity leave

Comments made in Parliament yesterday by Theresa May, Minister for Women and Equalities, suggest that regulations introduced by the Labour government to extend paternity leave for fathers could be postponed and, ultimately, rewritten by the coalitio...




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Lawbite: The retail CVA – Lessons from the Debenhams case

(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...




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Lawbite: You’ve got mail

Neocleous v Rees [2019] EWHC 2462 (Ch) Where a contract was formed over a series of emails and involved the transfer of an interest in land the automatic sign off on the solicitor’s email was enough to mean the document was “signed&rdquo...




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Fixed charge receivers can now obtain possession against individual mortgagors

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 ...




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Court refuses to interfere with FOS’s decision-making on PPI complaint

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...




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Complaint Handling Update

New dispute resolution service for SMEs Background In March 2018, UK Finance commissioned an independent review into the complaints and alternative dispute resolution landscape for the small and medium sized enterprises market in the UK.  An in...




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The use of threshold variations when seeking a defence against money laundering

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...




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Complaint Handling Update

New dispute resolution service for SMEs In our last Complaint Handing Update, we set out information on a new independent organisation known as The Business Banking Resolution Service (BBRS) w...




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Court of Appeal finds that injunctions against “persons unknown” can (i) be framed by reference to a defendant’s intention and (ii) prohibit lawful conduct

Cuadrilla Bowland Ltd & Ors v Persons Unknown & Ors [2020] EWCA Civ 9 Background In Boyd v Ineos Upstream Ltd...




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Wall Street-Tweak: Inform Retail Investors Of The Stock Borrow Earnings They Lose Out On.




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Speedbrief: The Pension Schemes Bill – was it worth the wait?

Eighteen months ago, the Government published a white paper on protecting DB pension schemes.  This was followed by consultations on a variety of matters, including a stronger Pensions Regulator, the introduction of collective defined contribut...




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Coronavirus - Webinar - Listen again - In-depth insights and practical advice regarding Force Majeure, Frustration and reconsidering Commercial Contracts – UK

Listen as our panel answer some of the most common questions clients have asked us over recent weeks as well as digging into more detail around how your business should proceed with specific legal and technical challenges. A recording of the session...




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Coronavirus – FCA issues further guidance on complaints handling during the lockdown - UK

On 1 May 2020, the FCA published a statement clarifying its position on complaints handling and offering some relaxation of the rules in light of the practical challenges associated with the COVID-19 pandemic.  The regulator says it will review...




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The fight against fraud

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Wall Street Vs. Main Street: The Epic Battle Continues - The Australian And Canadian Dollars Could Rise





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Ryanair chief says Brexit threat to UK-EU flights increasing

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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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UK corporate tax rules found to partially constitute illegal EU State aid

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...




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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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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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Vietnamese Man Arrested For Gambling Dies in Jailhouse Beating

Nguyen Quang Lap was found dead on May 8 only three days after beginning a six-year term in prison.




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North Korean leader Kim Jong Un Sends ‘Strategic’ Praises to Xi Jinping

Customs official banished to a remote area after being caught smuggling.




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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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Otter Tail Corp (OTTR) CEO Charles MacFarlane 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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Corporate Claims Bulletin

Barlow v Wigan Council [2019] EWHC 1546 (QB) The claimant, Deborah Barlow, brought a claim against the defendant, Wigan Metropolitan Borough Council for a trip which occurred on 21 September 2018. The claimant was walking along a path in Abram Park,...




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Corporate Claims Bulletin - October 2019

  Practice and Procedure Patel and another v Patel and others [2019] EWHC 2643 (Ch) This case looks at the obligations of defendants under CPR Part 16.5 when preparing their defences and very clearly sets out that defendants: (a) must say which...




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Corporate Claims Bulletin: November 2019 edition

Practice and procedure Wickes Building Supplies Ltd v Blair [2019] EWCA Civ 1934 An employee had an accident at work. The court had to determine whether the claimant should be allowed to rely upon a witness statement which had not been filed and ser...




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

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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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Authorised contractual schemes and PAIFs - SDLT

The Chancellor’s Autumn Statement contained the following stamp duty land tax announcement regarding the tax-free ...




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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 ...