In Abbey Healthcare (Mill Hill) Ltd v Simply Construct (UK) LLP, the Court of Appeal recently determined that a collateral warranty, signed four years after completion, was a construction contract that applied retrospectively, therefore an adjudication award applied to the dispute under the warranty and was enforceable. The court’s decision provides clarity that a collateral warranty can be sufficient evidence of contractual obligations to seek enforcement of an adjudication award ...
With creditors in mind, we have launched anew special-interest service on our website,Creditor Protection, devoted entirely to what creditors can dowhen debtors unlawfully evade payment of their debts or performance of other obligations. The longer you keep someone else’s money, the more you consider it yours, the harder it is to part with it, and the more you hate the person you have to repay it to. Unfortunately, this aphorism perfectly reflects the situation in Poland ...
The European Commission has presented its Proposal for a Regulation on the European Health Data Space (the “Proposal”). While it aims to strengthen the rights of individuals and unlock data’s potential for research purposes, it also adds complexity to an already extensive legal framework. Here is what you need to know: In its 2020 Data Strategy, the European Commission outlined a plan to unlock the untapped potential of the EU data economy ...
On 20 June 2022, the Personal Data Protection Committee (“PDPC”) enacted subordinate laws complementing the data protection obligations of Data Controllers and Data Processors pursuant to the Thai Personal Data Protection Act (“PDPA”). This article highlights the following notifications: Notification of the Personal Data Protection Committee Re: Criteria for Preparation and Maintenance of Records of Personal Data Processing Activities B.E ...
On the 6th July, the Malta Business Registry (MBR) issued a circular advising all companies registered in Malta to provide it with an adequate electronic mail address in terms of the legal requirement emanating from Act LX of 2021 by not later than 30th September, 2022. In addition to it being a legal requirement, providing an electronic mail address ensures the timely service of correspondence to company officers ...
Welcome to the third and final part in our series of articles on the Building Safety Act 2022. In Part 1 of our series of articles on the Building Safety Act 2022 we discussed the greater exposure to claims due to extensions in limitation periods and the measures aimed at addressing failures to remedy historical safety defects. In Part 2, we discussed the dutyholder regime and, in this final part, we look at the new gateway regime for higher risk buildings ...
Switch2 Energy, Shoosmiths and BEIS have come together to provide an update on how regulation, rising energy prices and decarbonisation targets are impacting heat network operators and customers. This second webinar, in a series of three, looks at what to do with existing buildings in relation to heat networks ...
Our brief guide explains which sanctions should be applied by entities operating in Poland, how to set up a sanctions compliance system, and what effects sanctions may have on trade agreements. The guide has been prepared by Łukasz Lasek, Anna Olejniczak-Michalska, Stanisław Drozd, Stefan Feliniak i Joanna Krakowiak ...
Persons using medical services in Poland are subject to special legal protection. Regardless of their nationality, all patients have the same rights. Our guide explains the key patient rights and legal solutions concerning citizens of Ukraine. A guide prepared by Małgorzata Sokołowska and Natalia Falęcka-Tyszka from the firm’s Healthcare practicehttps://wardynski.com.pl/upload/2022/04/realizacja-swiadczen-opieki-zdrowotnej_en ...
In the meantime, many individuals and families with significant wealth have seen their fortunes grow considerably despite these crises. In this environment, misassumptions may readily run rife ...
Welcome to the second part in our series of articles on the Building Safety Act 2022. In Part 1 of our series of articles on the Building Safety Act 2022 we discussed the greater exposure to claims due to extensions in limitation periods and the measures aimed at addressing failures to remedy historical safety defects. In Part 2, we discuss the dutyholder regime and look at the steps developers can take now to prepare ...
Throughout my career as a banker and as an attorney, as well as through experiences with friends and their families, I have noticed that there is no topic more taboo than talking to someone about their death and how they intend to distribute their accumulated assets during their lifetime. It is incredible that, for many, this topic is so difficult to face with an objective mind to leave their estate affairs in order, no matter how small it may be ...
Dear valued clients, colleagues and friends, The High Court ruled that it has no jurisdiction to injunct an application to recognize and enforcean arbitral award on the basis that there are no sums due and owing under the arbitral award. Danieli Co., Ltd filed an application to recognize and enforce a foreign arbitral award ...
In a recent case, a unilateral termination clause in the relevant contract had no bearing on whether termination via agreement between the parties was available, and the court held that novation of the contract by the conduct of the parties was valid ...
The onslaught of ransomware attacks by cybercriminals increases unabated every year, affecting everyone from mom and pop shops on Main Street to corporate lions of Wall Street. Hackers infiltrate an organization's computer network through social engineering tactics like phishing emails or by exploiting network security weaknesses, allowing vital digital information to be hijacked and held for ransom ...
One of the most basic questions under the False Claims Act—what facts a relator must plead to state a claim—is also one of the most difficult to answer. The Supreme Court is considering multiple certiorari petitions seeking to resolve a circuit split in the application of Rule 9(b)’s heightened pleading standard to the FCA ...
Welcome to the first part in our series of articles on the Building Safety Act 2022. The Building Safety Act received Royal Assent on 28 April 2022. While many of the provisions will be implemented over the next 12-18 months, the industry is being urged to get ready now. Dame Judith Hackitt stated in a recent HSE Bulletin: “The clock is now ticking and the pace is accelerating. Change is going to happen this time – there’s no denying it anymore!” ...
The military aggression of Russia and its satellites against Ukraine is not only a personal tragedy of Ukrainians and a threat to the existence of Ukrainian statehood. It also has an economic dimension in the form of huge material losses suffered by both Ukraine in general and each citizen in particular ...
Military action has made adjustments to the activities of the vast majority of companies in Ukraine. Unfortunately, for many employers, the issue of revising the terms of remuneration of staff in the direction of reduction has become relevant. The Law of Ukraine “On the Organization of Labor Relations in Martial Law” (the Law), which entered into force on March 24, reminded of the restriction of the constitutional right to work for the period of martial law ...
What is important to consider? Many Ukrainian citizens are forced to stay abroad due to a full-scale Russian invasion. Some were there before the war and could not return, others had to leave Ukraine after February 24. It is clear that something is very difficult to predict at the moment and it can happen that, depending on your circumstances, your stay abroad can be long ...
On June 21, the President signed a law ratifying the Council of Europe Convention on Preventing and Combating Violence against Women and Domestic Violence (hereinafter referred to as the Convention). The day before, the law was passed by the Verkhovna Rada, 259 people's deputies voted for ratification, and only eight opposed it ...
The Guernsey Housing Association has recently advised that there are currently more than 500 people on the waiting list for affordable housing. Affordable housing is housing that is reserved for certain groups of people whose needs are not met by, or cannot afford to rent or buy property in, the private market ...
Regulation brings uniformity and security, which may feel anathema to the fundamental premise of distributed ledger technology (specifically blockchain and the nascent crypto industry blockchain technology allows) – a world that needs neither trust nor centralized authority. Nevertheless, two U.S. senators are pushing to reconcile these seemingly contrary positions and priorities ...
