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Shoosmiths LLP | December 2023

The timing of challenges to an expert witness’s evidence has been considered in the Supreme Court case of Tui Ltd v Griffiths [2023] UKSC 48, with judgment handed down on 29 November 2023. Although the case emanated from a holiday claim in the County Court, this Supreme Court decision is of significance to all cases where parties seek to rely on evidence from experts or witnesses of fact ...

Shoosmiths LLP | December 2023

Module 6 of the UK’s Covid-19 Public Inquiry opened on 12 December 2023, with public hearings set to begin in Spring 2025. This article explores what Module 6 will examine and explains how and why members of the Care Sector may want to become involved ...

Shoosmiths LLP | December 2023

This article explores the reasons why sickness absence and mental health issues may rise among employees during the festive period and what employers can do to support their employees during this time. Christmas is traditionally an exciting time of year, but the colder weather and shorter nights can cause lower mood for a lot of people. When feeling low, people can also be more susceptible to illness, picking up unwanted coughs and colds which leaves them feeling even lower ...

Dinsmore & Shohl LLP | December 2023

We’re entering the season of giving. Over the coming weeks, Americans across the nation will gather with family and friends to celebrate the holidays and give selflessly to the people and causes they love. Unfortunately, the Biden administra­tion might be embracing the giving spirit a little too much. Federal officials may soon decide to give away key domestic assets — American intellectual property (IP) — to our rivals ...

Lavery Lawyers | December 2023

On June 2, 2021, the Québec government reduced the administrative burden relating to international publicity contests by excluding them from the jurisdiction of the Régie des alcools, des courses et des jeux (the ?Régie?). It has now followed suit with all types of publicity contests launched on or after October 27, 20231 ...

Shoosmiths LLP | December 2023

Winter can be a hectic time of year, with stress levels heightened by frantic planning for the festive season and employers may be overwhelmed by annual leave requests. How can employers keep employees happy while balancing the needs of the workplace? Annual leave requests Most employees are likely to request time off during the winter months to spend time with family and friends, especially where this aligns with school holiday periods, religious festivals and national bank holidays ...

Shoosmiths LLP | December 2023

A summary of the key takeaways from a recent webinar on the spectre of personal criminal liability for charity trustees. During the recent Trustees’ Week the Chief Executive of the Charity Commission said that one of the week’s aims is to inspire more people to come forward to serve as trustees, to prepare a pipeline of able and passionate people, willing to take on the mantle of trusteeship, ensuring the good work of charities is sustainable ...

Shoosmiths LLP | December 2023

A summary of the key takeaways from a recent webinar on The Covid-19 Public Inquiry - Spotlight on the Care Sector. What is a Public Inquiry? A public inquiry is a state sponsored investigation into areas of public concern. Inquiries are set up and sponsored by the government, but they operate independently of the government. All inquiries have powers to compel the attendance of witnesses or provision of evidence ...

Shoosmiths LLP | December 2023

Shoosmiths hosts a roundtable covering the partnerships model in the UK's living sector, as part of the UKAA’s Annual Build to Rent Conference 2023. As the UK’s residential market navigates economic challenges, including the impact of elevated interest rates and borrowing costs, many real estate businesses are now exploring partnerships ...

Shoosmiths LLP | December 2023

The new Home Secretary, James Cleverly, announced a five-point plan aimed at reducing the recently announced record high net-migration figures. The planned changes will have a big impact on many employers’ ability to sponsor workers from overseas. The changes will be brought into force in the Spring, although an exact date has yet to be confirmed. The Government estimate that these changes will reduce net migration by 300,000 (based on estimations of new entrants to the UK last year) ...

Shoosmiths LLP | December 2023

The Environment Agency has been found in breach of the Regulators’ Code by failing to provide a proper appeal mechanism for challenging Compliance Assessment Reports. It must now decide how to provide permit holders with a new appeal mechanism ...

The Haryana State Employment of Local Candidates Act, 2020 (“Act”) was enacted to encourage private employers in Haryana to boost local employment. The Act was called upon for application from January 15, 2022, for a period of 10 years. The constitutionality of the Act was challenged in multiple writ petitions before the Punjab & Haryana High Court (“Court”). The Court stayed the implementation of the Act on February 3, 2022 ...

Shoosmiths LLP | December 2023

The much-anticipated judgment in the Court of Appeal case of Churchill v Merthr Tydfil County Borough Council [2023] EWCA Civ 1416 has now been handed down. The case concerns a claimant that alleges the Council allowed Japanese knotweed to spread from its land onto the claimant’s private property ...

Shoosmiths LLP | December 2023

A judgment has been handed down in the Supreme Court case of Wolverhampton City Council and others v London Gypsies and Travellers and others [2023] UKSC 47. The case considered whether the court had the jurisdiction to make injunctions against not only ‘persons unknown’, but also against unidentified and unknown persons that have not yet performed, or even threatened to perform, the acts which the injunction prohibits. Such persons are known as “newcomers” ...

Carey | December 2023

By means of Exempt Resolution No. 1,268 dated November 20, 2023, published in the Official Gazette on November 30 (the "Resolution"), the Ministry of the Environment (the "MMA") opened a public information period to receive background information to regulate photovoltaic panels in the draft Supreme Decree that will establish collection and recovery goals and other obligations associated with piles and electrical devices (the "Decree"). As a context, by means of Exempt Resolution No ...

Carey Olsen | December 2023

What is a JPUT? A Jersey Property Unit Trust (JPUT) is a legal structure whereby legal ownership of assets (primarily non-Jersey real estate) is vested in one or more trustees who hold the assets on trust for the benefit of unitholders upon the terms of a written trust instrument. What are the benefits of a JPUT? JPUTs have many plus points: Familiarity: JPUTs are generally recognised and accepted by investors, lenders, advisers, regulators and tax authorities in the UK and elsewhere ...

Carey Olsen | December 2023

Channel Island Wills for non-Jersey domiciliaries Do I need a Channel Island Will? It is not essential for you to have a separate Will to cover your Channel Island assets especially if you already have a validly executed Will which covers your entire estate, including Jersey and Guernsey, and which is validly executed. However, there are certain benefits to having a separate Channel Island Will in place ...

Carey Olsen | December 2023

Jersey fast-track procedure to obtain Jersey grant In order to obtain a Jersey Grant, we will require the following: The original or a Court sealed and certified copy of the British Grant and Will (if the deceased left a Will). If sending copy documents, please do ensure that both the Will and Grant are separately certified by the Court that issued the original and that each page bears the Court’s seal. A certified copy of the death certificate ...

Buchalter | December 2023

December 1, 2023 By: Leah Lively California Business and Professional Code sections 16600 to 16607 already invalidate agreements restricting California employees from pursuing any lawful profession, trade, or business, with limited exceptions mainly in the sale of businesses. Starting January 1, 2024, things are going to get more difficult (and potentially costly) for employers ...

Carey Olsen | December 2023

Probate and estate administration for non-Jersey domiciliaries Why do I need a Jersey grant of representation? Jersey is an independent legal jurisdiction for estate administration purposes ...

Carey Olsen | December 2023

Wills for Jersey residents What is a Will? Jersey law treats movable and immovable assets differently for succession purposes, therefore we need to consider them separately when looking at your estate planning needs. Movable assets include things such as bank accounts, jewellery, furniture, cars, life insurance proceeds and shares (including shares in a property holding company entitling the owner to occupy a share transfer apartment) ...

Heuking | December 2023

Please note the following press release. This press release is available at our homepage.   Speed and innovation earn top rating: WirtschaftsWoche bestows the Best of Legal Award on Heuking The Best of Legal Award was presented to Heuking Kühn Lüer Wojtek by WirtschaftsWoche magazine in recognition of its public procurement law counsel to Niedersachsen Ports GmbH & Co. KG on the construction of a temporary LNG import infrastructure to prevent a gas shortage ...

Lavery Lawyers | November 2023

Canadian patent government fees will increase up to 36% on January 1, 2024. The main fee increases are presented in the table below. Applicants may therefore wish to take certain actions and pay the accompanying fees in Canada by the end of 2023 to benefit from the lower 2023 rates at least in the following circumstances: Early filing of divisional applications may be especially advantageous as they involve high government fees ...

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