EHSsential: environment, health and safety news - October 2020
HEALTH & SAFETY New Fire Safety bill proposed by UK Government The heat is rising! Organisations are encouraged to review their fire safety standards in lights of the Government’s proposal to...
View ArticleSwift v Carpenter [2020] Landmark decision on accommodation claims
The long awaited judgment in the test case for accommodation claims in personal injury claims has been handed down by the Court of Appeal. Dismissing the long established approach formulated in...
View ArticleResigning with immediate effect in the face of a disciplinary sanction to be...
One of the oldest tricks in the book is for employees who are notified that they are to attend a disciplinary hearing is to resign with immediate effect. Employees hope that by doing so, they can...
View ArticlePublic bodies are required to provide substantive reasons for any refusal to...
In two recent cases, Ms Justice Baker of the Supreme Court, held that public bodies are required to provide substantive reasons for any refusal to disclose certain confidential or commercially...
View ArticleTen further things for asset managers to note about the end of the...
Introduction On 13 August we published a client briefing “Ten things for asset managers to note about the end of the transitional period”. As the ...
View ArticleCoronavirus - Directors Duties: Changes to Personal Liability for Wrongful...
The Insolvency Act 1986 (the “Act”) introduced the concept of Wrongful Trading (s214 of the Act); if the directors of a company, having concluded that the company could no longer avoid insolvent...
View ArticleHow will UK and EU courts treat jurisdiction and enforcement after Brexit
With less than three months until the end of the EU/UK Implementation Period, finally some clarity over which rules will govern jurisdiction and enforcement in cross-border commercial disputes after 1...
View ArticleCommercial leases and COVID: where are we now?
Whilst lockdown restrictions had been easing across the nation many relating to the rights andliabilities of landlords and tenants continued. Here we look at where we are now on some key restrictions...
View ArticleLawbite: Sharing is caring of the rental element of a surrender premium...
3639 Limited v Renfrewshire Council 2020 CSOH 86 A win for the landlord and a loss for the developer… The Outer House of the Court of Session recently held that the “Rack Rental Income”, which in...
View ArticleEversheds Sutherland property column: October 2020
Complications of reversionary leases Time and time again, we English real estate lawyers are asked to vary a lease to extend its contractual term. While our Scottish colleagues are able to do this,...
View ArticleUK Payment Systems Regulator announces more detail on Strategy for future...
Background On 29 July 2020, the Payment Systems Regulator (“PSR”) first announced the launch of its “Future Strategy” by publishing the first of three themes around which its strategy will be based....
View ArticleHow will the end of the Implementation Period affect where I commence my...
The UK/EU Withdrawal Agreement established the terms of the UK’s departure from the EU and determined how EU law would apply to the UK during the withdrawal process. In this briefing, we focus on...
View ArticleCap on Public Sector Exit Payments Latest News
As anticipated, the Government has pressed ahead with its plans to reduce public expenditure by placing a financial limit on the termination payments of public sector employees. The Restriction of...
View ArticleRecording of conversations | What does the law say about secretly recording...
In South Africa, the recording, interception and monitoring of communications is governed by the Regulation of Interception of Communications and Provisions of Communications-Related Information Act,...
View ArticleChanges to Hong Kong maternity rights coming in December
The government has announced that the Employment (Amendment) Ordinance 2020 will come into effect on 11 December 2020. Highlights of the new ordinance include: the extension of statutory maternity...
View ArticleThe new Restructuring Framework from a Creditor's Perspective
On 14 October 2020, the German Federal Government presented its draft bill of the law on the further development of the restructuring and insolvency law (Gesetz zur Fortentwicklung des Sanierungs- und...
View ArticleReporting Misconduct - Updated ICAEW Guidance puts the spotlight on personal...
Many regulators, including the FRC and ICAEW, require firms and/or individuals to report misconduct to them. While the rationale for such reporting is well understood, determining the circumstances in...
View ArticleEducation briefing Institutes of Technology competition for second wave...
The Department for Education has now launched its competition for the second wave of institutes of technology (see here). £120m has been pled...
View ArticleLawbite: Does yielding up mean removing asbestos?
Pullman Foods Ltd v Welsh Ministers and another [2020] EWHC 2521 (TCC) The High Court recently found that a tenant had breached its yielding up covenant in a lease by failing to remove...
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