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Eversheds Article RSS | United Kingdom http://www.eversheds.com/global/en/what/publications/index.page Eversheds RSS Tue Apr 20 19:00:44 2021 GMT Eversheds RSS www.eversheds.com/images/Websites/Interface/Logos/logo.gif www.eversheds.com/uk/Home/index.page New US and EU sanctions against Russia At the end of July, the US and the EU escalated their respective sanctions regimes against Russia following the Kremlin’s intervention in the Crimea/Ukraine crisis, as well as recent issues pertaining to access to the MH17 crash site. By annou... http://www.eversheds.com/global/en/what/articles/index.page?ArticleID=en/Retail/New-US-EU-sanctions-against-Russia 2014-08-07 http://www.eversheds.com/global/en/what/articles/index.page?ArticleID=en/Retail/New-US-EU-sanctions-against-Russia UK PAC report recommends changes to whistleblowing policies On 1 August 2014 the Public Accounts Committee (PAC) issued a report criticising the treatment of whistleblowers and the perceived failure by the UK Government to introduce effective law. Hillsborough and the Mid-Staffordshire NHS Foundation Trust a... http://www.eversheds.com/global/en/what/articles/index.page?ArticleID=en/Retail/UK-PAC-report-recommends-changes-to-whistleblowing-policies 2014-08-07 http://www.eversheds.com/global/en/what/articles/index.page?ArticleID=en/Retail/UK-PAC-report-recommends-changes-to-whistleblowing-policies Discussion clauses - court may force a friendly discussion Emirates Trading Agency LLC v. Prime Mineral Exports Private Limited [2014] EWHC 2104 (Comm) Facts Emirates Trading Agency (Emirates) agreed to buy iron ore from Prime Mineral Exports (PME) but failed to collect all the order. PME claimed liquid... http://www.eversheds.com/global/en/what/articles/index.page?ArticleID=en/Transport/Enforcement_of_Discussion_Clauses 2014-08-07 http://www.eversheds.com/global/en/what/articles/index.page?ArticleID=en/Transport/Enforcement_of_Discussion_Clauses Transport legal update: Griffon Shipping LLC v. Firodi Shipping Ltd (The Griffon) [2013] EWHC 593 (Comm) In Griffon Shipping LLC v. Firodi Shipping Ltd (The Griffon) Teare J considered, in the context of clause 13 of the standard form Norwegian Sale Form (“NSF”) 1993, where a buyer fails to pay the deposit under a memorandum of agreement, w... http://www.eversheds.com/global/en/what/articles/index.page?ArticleID=en/Transport/Griffon_Shipping_v_Firodi_Shipping_030913 2014-08-07 http://www.eversheds.com/global/en/what/articles/index.page?ArticleID=en/Transport/Griffon_Shipping_v_Firodi_Shipping_030913 Striking a deal - Say what you mean and mean what you say Proton Energy Group SA ("Proton") v. Public Company Orlen Lietuva ("Orlen") [2013] EWHC 2872 (Comm) (the "Proton case") The Proton Case was first brought to the attention of the Commercial Court in February 2013, when an application for summary judg... http://www.eversheds.com/global/en/what/articles/index.page?ArticleID=en/Transport/Striking_a_Deal_Say_What_You_Mean_and_What_You_Say 2014-08-07 http://www.eversheds.com/global/en/what/articles/index.page?ArticleID=en/Transport/Striking_a_Deal_Say_What_You_Mean_and_What_You_Say EMIR European Commission responds to ESMAs request to clarify the definition of derivative Further to our briefings on <a href="https://www.eversheds.com/global/en/what/articles/index.page?ArticleID... http://www.eversheds.com/global/en/what/articles/index.page?ArticleID=en/Financial_institutions/EC_responds_to_ESMA_request 2014-08-06 http://www.eversheds.com/global/en/what/articles/index.page?ArticleID=en/Financial_institutions/EC_responds_to_ESMA_request UK Pensions Speedbrief: More litigation on RPI/CPI Just over four years ago, the government announced that the Consumer Prices Index (CPI) would be used in place of the Retail Prices Index (<strong... http://www.eversheds.com/global/en/what/articles/index.page?ArticleID=en/Pensions/UK_Pensions_Speedbrief_More_litigation_on_RPI_CPI 2014-08-06 http://www.eversheds.com/global/en/what/articles/index.page?ArticleID=en/Pensions/UK_Pensions_Speedbrief_More_litigation_on_RPI_CPI European Commission aims to level the playing field between suppliers and large customers by introducing recommendations on unfair trade practices European Commission aims to level the playing field between suppliers and large customers by introducing recommendations on unfair trade practices The European Commission recently adopted a Communication encouraging EU Member States to look at ways ... http://www.eversheds.com/global/en/what/articles/index.page?ArticleID=en/Competition_EU_and_Regulatory/European_Commission_aims_to_level_the_playing_field 2014-08-01 http://www.eversheds.com/global/en/what/articles/index.page?ArticleID=en/Competition_EU_and_Regulatory/European_Commission_aims_to_level_the_playing_field Education HR e-briefing 586: EAT to hear holiday pay and overtime cases The EAT recently embarked on a three day hearing which represents a significant stage for the cases which will determine the fate of overtime in relation to holiday pay, and whether, both for the future and historically, employers should pay –... http://www.eversheds.com/global/en/what/articles/index.page?ArticleID=en/Education/Education_HR_ebriefing_586_EAT_to_hear_holiday_pay_and_overtime_cases 2014-08-01 http://www.eversheds.com/global/en/what/articles/index.page?ArticleID=en/Education/Education_HR_ebriefing_586_EAT_to_hear_holiday_pay_and_overtime_cases ISDA Master Agreement Final amendment to Section 2(a)(iii) In January 2014, the International Swaps and Derivatives Association (ISDA) published a draft amendment to Section 2(a)(iii) and we provided a summary of the proposed amendment at that time (availabl... http://www.eversheds.com/global/en/what/articles/index.page?ArticleID=en/Financial_institutions/ISDA_Master_Agreement_Final_amendment_to_Section_2_a_iii_ 2014-08-01 http://www.eversheds.com/global/en/what/articles/index.page?ArticleID=en/Financial_institutions/ISDA_Master_Agreement_Final_amendment_to_Section_2_a_iii_ SEPA becomes fully operational in all eurozone countries Single Euro Payments Area (SEPA) becomes fully operational today (1 August 2014) across all eurozone countries. The SEPA Regulation (EC 260/2012), adopted in 2012, initially set 1 February 2014 as its ‘go live’ date but the Regulation wa... http://www.eversheds.com/global/en/what/articles/index.page?ArticleID=en/Financial_institutions/SEPA_becomes_fully_operational_in_all_eurozone_countries 2014-08-01 http://www.eversheds.com/global/en/what/articles/index.page?ArticleID=en/Financial_institutions/SEPA_becomes_fully_operational_in_all_eurozone_countries UK Consumer Rights Bill and the impact on financial institutions: Major changes ahead The second reading of the new UK Consumer Rights Bill (the Bill) took place in the House of Lords on 1 July 2014. The go... http://www.eversheds.com/global/en/what/articles/index.page?ArticleID=en/Financial_institutions/Consumer_Rights_Bill_impact_on_financial_services_-_major_changes_ahead 2014-07-31 http://www.eversheds.com/global/en/what/articles/index.page?ArticleID=en/Financial_institutions/Consumer_Rights_Bill_impact_on_financial_services_-_major_changes_ahead FCA issues guidance on use of third party technology banking solutions The Financial Conduct Authority (FCA) has published a document setting out a number of considerations for firms who are thinking of using third-party technology or off-the-shelf banking solutions. Our experts, recently awarded European Outsourcing A... http://www.eversheds.com/global/en/what/articles/index.page?ArticleID=en/Financial_institutions/FCA_issues_guidance_on_use_of_third_party_technology_banking_solutions 2014-07-31 http://www.eversheds.com/global/en/what/articles/index.page?ArticleID=en/Financial_institutions/FCA_issues_guidance_on_use_of_third_party_technology_banking_solutions New pension freedoms create opportunities and challenges for employers From April 2015, individuals will have total freedom over how they use their pension savings. This could have significant implications for employers whose staff will be free to use their pension savings for any purpose and not necessarily to secure ... http://www.eversheds.com/global/en/what/articles/index.page?ArticleID=en/Pensions/New-pension-freedoms-create-opportunities-and-challenges-for-employers 2014-07-31 http://www.eversheds.com/global/en/what/articles/index.page?ArticleID=en/Pensions/New-pension-freedoms-create-opportunities-and-challenges-for-employers Education Immigration e-briefing: HTS visa refusal rates cut by half HTS visa refusal rates cut by half David Cameron and Theresa May yesterday announced changes tightening up the UK’s immigration system. Of particular interest to Education Institutions is the Prime Minister’s statement that the refusal r... http://www.eversheds.com/global/en/what/articles/index.page?ArticleID=en/Education/Education_briefing_immigration_HTS_visa_refusal_rates_cut 2014-07-30 http://www.eversheds.com/global/en/what/articles/index.page?ArticleID=en/Education/Education_briefing_immigration_HTS_visa_refusal_rates_cut UK HR e-briefing: EAT to hear holiday pay and overtime cases Today, the EAT will embark on a three day hearing which represents a significant stage for the cases which will determine the fate of overtime in relation to holiday pay, and whether, both for the future and historically, employers should pay &... http://www.eversheds.com/global/en/what/articles/index.page?ArticleID=en/Employment_and_labour_law/EAT-to-hear-holiday-pay-and-overtime-cases 2014-07-30 http://www.eversheds.com/global/en/what/articles/index.page?ArticleID=en/Employment_and_labour_law/EAT-to-hear-holiday-pay-and-overtime-cases MIFID II and SME growth markets: A new category of markets to facilitate access to capital for SMEs The Level 2 process for MiFID 2 and MiFIR (together MiFID II), which are expected to come into force by the beginning of 2017, is underway. Please see o... http://www.eversheds.com/global/en/what/articles/index.page?ArticleID=en/Financial_institutions/MIFID_II_and_SME_growth_markets_-_a_new_category_of_markets 2014-07-30 http://www.eversheds.com/global/en/what/articles/index.page?ArticleID=en/Financial_institutions/MIFID_II_and_SME_growth_markets_-_a_new_category_of_markets European Commission proposes reforms to merger control regime The European Commission (the “Commission”) has produced a White Paper[1] setting out proposals to improve and extend European Union merger control. The White Paper makes two key proposals for reform: Bringing acquisi... http://www.eversheds.com/global/en/what/articles/index.page?ArticleID=en/Competition_EU_and_Regulatory/European_Commission_proposes_reforms_to_merger_control_regime 2014-07-29 http://www.eversheds.com/global/en/what/articles/index.page?ArticleID=en/Competition_EU_and_Regulatory/European_Commission_proposes_reforms_to_merger_control_regime Passenger claims under regulation 261/2004 Important changes in the twilight years of regulation 261/2004 It is ten years since the EU Directive 261/2004 was implemented in the UK. The directive was aimed at giving aviation passengers further rights of compensation in certain circumstances. ... http://www.eversheds.com/global/en/what/articles/index.page?ArticleID=en/Transport/Passenger_Claims_Under_Regulation_261_2004 2014-07-29 http://www.eversheds.com/global/en/what/articles/index.page?ArticleID=en/Transport/Passenger_Claims_Under_Regulation_261_2004 Eversheds launches Pathway pension service with Aon Hewitt ... http://www.eversheds.com/global/en/what/articles/index.page?ArticleID=en/global/uk/Eversheds_launches_Pathway_pension_service_with_Aon_Hewitt 2014-07-29 http://www.eversheds.com/global/en/what/articles/index.page?ArticleID=en/global/uk/Eversheds_launches_Pathway_pension_service_with_Aon_Hewitt Russia Sanctions Update On 25 July 2014, the Council of the European Union concluded on the new designation criteria for sanctions on natural and legal persons concerning the situation in Ukraine. This puts in place wider sanctions designed to target, through asset freezin... http://www.eversheds.com/global/en/what/articles/index.page?ArticleID=en/Competition_EU_and_Regulatory/Russia_Sanctions_Update_28072014 2014-07-28 http://www.eversheds.com/global/en/what/articles/index.page?ArticleID=en/Competition_EU_and_Regulatory/Russia_Sanctions_Update_28072014 UK: 14th onshore licensing round The Energy Minister has today invited applications for licences in the 14th Landward Licensing Round. Applications for licences will be accepted up to 2.00pm on 28 October 2014 and will be assessed on (i) the financial viability of the applicant (ii... http://www.eversheds.com/global/en/what/articles/index.page?ArticleID=en/Energy/14th_onshore_licensing_round_140728 2014-07-28 http://www.eversheds.com/global/en/what/articles/index.page?ArticleID=en/Energy/14th_onshore_licensing_round_140728 North Africa: NOOR II and NOOR III bid deadline extended The Moroccan Agency for Solar Energy (Masen) has extended the application deadline for the second phase of its 500 MW NOOR concentrated solar plant by three months to mid-September 2014. Located near the south central city Quarzazate, the NOOR CSP ... http://www.eversheds.com/global/en/what/articles/index.page?ArticleID=en/Energy/Morocco_NOOR_II_and_NOOR_III_bid_deadline_extended_140728 2014-07-28 http://www.eversheds.com/global/en/what/articles/index.page?ArticleID=en/Energy/Morocco_NOOR_II_and_NOOR_III_bid_deadline_extended_140728 Failing care homes to face same regulatory scrutiny as failing NHS Trusts The Health Secretary Jeremy Hunt has announced that a scheme of special measures, similar to those introduced to improve failing hospitals in England, will now be extended to failing care homes and home care agencies.  This will cover approxima... http://www.eversheds.com/global/en/what/articles/index.page?ArticleID=en/Healthcare/Failing_care_homes_face_same_scrutiny_as_failing_NHS_trusts_July2014 2014-07-28 http://www.eversheds.com/global/en/what/articles/index.page?ArticleID=en/Healthcare/Failing_care_homes_face_same_scrutiny_as_failing_NHS_trusts_July2014 Ports as public authorities - a growing reality? The suggestion that ports are public bodies may seem a little strange. By far the greater majority are now private entities being either trust ports or private limited companies. But the position may not be quite as clear cut as it first looks.&nbsp... http://www.eversheds.com/global/en/what/articles/index.page?ArticleID=en/Transport/Ports_as_Public_Authorities 2014-07-28 http://www.eversheds.com/global/en/what/articles/index.page?ArticleID=en/Transport/Ports_as_Public_Authorities Education Immigration e-briefing: Tier 4 update The Home Office has issued new Tier 4 Sponsor Guidance (version 08/2014) (“the Guidance”) to be used for all Tier 4 applications made on or after 1 August 2014. It remains in a similar format... http://www.eversheds.com/global/en/what/articles/index.page?ArticleID=en/Education/Education_Immigration_briefing_Tier_4_update 2014-07-25 http://www.eversheds.com/global/en/what/articles/index.page?ArticleID=en/Education/Education_Immigration_briefing_Tier_4_update Education Pensions Speedbrief: Budget consultation: the guidance guarantee, transfers and tax Budget consultation: the guidance guarantee, transfers and tax The Government has responded to its consultation on the planned reforms to the rules for accessing DC pension savings, which were announced in the Budget earlier this year. In its respon... http://www.eversheds.com/global/en/what/articles/index.page?ArticleID=en/Education/Education_Pensions_speedbrief_budget_consultation_the_guidance_guarantee 2014-07-25 http://www.eversheds.com/global/en/what/articles/index.page?ArticleID=en/Education/Education_Pensions_speedbrief_budget_consultation_the_guidance_guarantee Apples store design protectable as a trade mark A recent decision by the European Court of Justice (ECJ) has opened the door to retailers to protect the layout of their stores as registered trade marks. Background In 2010, Apple sought protection for a trade mark for its store layout in the US.&n... http://www.eversheds.com/global/en/what/articles/index.page?ArticleID=en/Retail/apples-store-design-protectable-as-trade-mark 2014-07-25 http://www.eversheds.com/global/en/what/articles/index.page?ArticleID=en/Retail/apples-store-design-protectable-as-trade-mark UK: Contracts for Difference budget for 2014 allocation round announced From October 2014, renewable energy projects will compete for a budget of over £200 million a year as part of the first allocation round for the new Contracts for Difference (CfD). The CfD budget will be split between the more ‘establis... http://www.eversheds.com/global/en/what/articles/index.page?ArticleID=en/Energy/CFD-budget-for-2014-allocation-round-announced-140724 2014-07-24 http://www.eversheds.com/global/en/what/articles/index.page?ArticleID=en/Energy/CFD-budget-for-2014-allocation-round-announced-140724 EU Commission fines Marine Harvest 20 million for failure to notify merger On 23 July 2014, the EU Commission released a statement (here) that they had imposed a fine of €20 million on Marine Harvest for failing to notify the Commission of its acquisition of de facto sole control over Morpol ASA through the purchase o... http://www.eversheds.com/global/en/what/articles/index.page?ArticleID=en/Competition_EU_and_Regulatory/EU_Commission_fines_Marine_Harvest_20_million 2014-07-23 http://www.eversheds.com/global/en/what/articles/index.page?ArticleID=en/Competition_EU_and_Regulatory/EU_Commission_fines_Marine_Harvest_20_million Russia Sanctions Update Following the downing of MH-17, the EU has bolstered its stance against Russia and have increased sanctions on the State. However, broader and tougher sanctions are being called for. On Tuesday 22 July, the European Council agreed (see here) to... http://www.eversheds.com/global/en/what/articles/index.page?ArticleID=en/Competition_EU_and_Regulatory/Russia_Sanctions_Update 2014-07-23 http://www.eversheds.com/global/en/what/articles/index.page?ArticleID=en/Competition_EU_and_Regulatory/Russia_Sanctions_Update UK: Investing in UK infrastructure On 22 July 2014, the Government department for UK Trade and Investment (UKTI) and HM Treasury jointly published a guide detailing opportunities to invest in UK Infrastructure (Investment Guide). Highlights include potential investment opportunities... http://www.eversheds.com/global/en/what/articles/index.page?ArticleID=en/Energy/Investing_in_UK_infrastructure_140723 2014-07-23 http://www.eversheds.com/global/en/what/articles/index.page?ArticleID=en/Energy/Investing_in_UK_infrastructure_140723 Government launches consultation on SDLT rules for collective investment schemes On 18 July 2014, the government launched a <a href="https://www.gov.uk/government/consultations/stamp-duty-land-tax-rules-fo... http://www.eversheds.com/global/en/what/articles/index.page?ArticleID=en/Financial_institutions/Government_launches_consultation_on_SDLT_rules_for_collective_investment_schemes 2014-07-23 http://www.eversheds.com/global/en/what/articles/index.page?ArticleID=en/Financial_institutions/Government_launches_consultation_on_SDLT_rules_for_collective_investment_schemes Decision to cut libraries quashed by High Court Following the unsuccessful “save the library” challenge against Brent Council in 2011, comes another  High Court judgment in judicial review proceedings involving a Council’s decision to achieve spending cuts by reducing its l... http://www.eversheds.com/global/en/what/articles/index.page?ArticleID=en/Local_government/Local_Government_Briefing_Note_14_of_2014 2014-07-23 http://www.eversheds.com/global/en/what/articles/index.page?ArticleID=en/Local_government/Local_Government_Briefing_Note_14_of_2014 AIFMD marketing: end of transitional period As of 21 July 2014, the transitional period under AIFMD came to an end in the UK (subject on... http://www.eversheds.com/global/en/what/articles/index.page?ArticleID=en/Financial_institutions/AIFMD_marketing_end_of_transitional_period 2014-07-22 http://www.eversheds.com/global/en/what/articles/index.page?ArticleID=en/Financial_institutions/AIFMD_marketing_end_of_transitional_period UK Pensions Speedbrief: Budget consultation: the guidance guarantee, transfers and tax The Government has responded to its consultation on the planned reforms to the rules for accessing DC pension savings, which were announced in the Budget earlier this year. In its response, the Government has revealed that the ‘Guidance Guaran... http://www.eversheds.com/global/en/what/articles/index.page?ArticleID=en/Pensions/Budget-consultation-the-guidance-guarantee-transfers-and-tax 2014-07-22 http://www.eversheds.com/global/en/what/articles/index.page?ArticleID=en/Pensions/Budget-consultation-the-guidance-guarantee-transfers-and-tax Lawbite: When a business tenancy ought not to be renewed Youssefi v Mussellwhite [2014] EWCA Civ 885 Horne & Meredith Properties Ltd v Cox [2014] All ER (D) 194 These two cases concern opposition to lease renewals on the grounds of the tenant’s breach of covenant (“grounds (a), (b) and (c)... http://www.eversheds.com/global/en/what/articles/index.page?ArticleID=en/Real-estate-dispute-resolution/Lawbite_when_a_business_tenancy_ought_not_to_be_renewed 2014-07-22 http://www.eversheds.com/global/en/what/articles/index.page?ArticleID=en/Real-estate-dispute-resolution/Lawbite_when_a_business_tenancy_ought_not_to_be_renewed TMT legal update: Further action against Newzbin Précis: The High Court has found numerous Newzbin defendants liable for copyright infringement and conspiracy to injure by unlawful means. The case is the most recent effort by rightsholders to take effective action in relation to the “... http://www.eversheds.com/global/en/what/articles/index.page?ArticleID=en/tmt/Further_action_against_newzbin_july2014 2014-07-22 http://www.eversheds.com/global/en/what/articles/index.page?ArticleID=en/tmt/Further_action_against_newzbin_july2014 TMT legal update: London Technology Week Précis London Technology Week was launched on 16 June 2014, showcasing London’s role as the digital capital of Europe and allowing the industry’s top professionals to share ideas and build business relationships. What? Over 200 in... http://www.eversheds.com/global/en/what/articles/index.page?ArticleID=en/tmt/London_technology_week 2014-07-22 http://www.eversheds.com/global/en/what/articles/index.page?ArticleID=en/tmt/London_technology_week Public or private sector: who should be taking the lead on cyber security? Précis: In a recent speech, Tom Wheeler, Chairman of the Federal Communications Commission (FCC) - the US body responsible for regulating interstate and international communications - has suggested that the private sector should take res... http://www.eversheds.com/global/en/what/articles/index.page?ArticleID=en/tmt/Public_private_sector_who_should_lead_on_cyber_security_July2014 2014-07-22 http://www.eversheds.com/global/en/what/articles/index.page?ArticleID=en/tmt/Public_private_sector_who_should_lead_on_cyber_security_July2014