Basic as it may seem, the notification process is of fundamental importance when instituting a Court case. This process can at times be used to attack the validity of a judgement and hence, one will certainly understand the importance of getting it right. All this featured in a Court of Appeal judgement, delivered on the 4th of May 2022 in the names Farrugia nomine vs BNF Bank plc (App. Civ. 410/19/1) ...
Employees have the right to access personal data relating to them held by their employer. However, responding to such access requests is not always easy. In a 2-part article, we tackle the 12 questions employers most frequently ask when handling DSARs. 1. How do I verify that the request is genuine? There is no set format for making a data subject access request (DSAR), so a request might be made verbally, in writing, by email or by other electronic means ...
Employees have the right to access personal data relating to them held by their employer. However, responding to such access requests is not always easy. In a 2-part article, we tackle the 12 questions employers most frequently ask when handling DSARs. 7 ...
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 ...
In a recent case the Employment Appeal Tribunal (EAT) upheld a 25% uplift to compensation for an employer’s failure to comply with the ACAS Code of Practice, following a discriminatory dismissal that was purportedly due to redundancy ...
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!” ...
Mamo TCV Advocates is pleased to announce that Dr Jonathan Abela Fiorentino, Dr Christine Calleja and Dr Mikiel Calleja will be appointed partners of the firm with effect from 1st July 2022. Jonathan obtained his Doctoral degree in Law from the University of Malta in 2006, and a Masters in European and Comparative Law (LLM) from the same university in 2007. He joined the firm’s litigation team as a senior associate in in January 2015 ...
Are you feeling lucky? Hungary set to liberalise the online sports betting market Hungarians fancying a flutter on their local football team winning the next game can only (legally) indulge in doing so through a state-owned monopolist. This is about to change, however, as Hungary is set to liberalise its online sports betting market providing opportunity for EU gaming operators ...
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 ...
Dr. Christine Calleja, from Mamo TCV Advocates, attended this year’s European Employment Lawyers Association (EELA) annual conference, held between the 23rd and 25th June. After an absence of three years, the conference hosted around 450 lawyers who specialise mainly in employment law. This year, delegates from the employment lawyers association of each country met before the start of the conference, discussing ideas for future collaboration ...
Prior to the entry into force of the FDI Screening Regulation on 11 October 2020, there was no EU-wide formalized cooperation among the Member States and the European Commission on these matters. In the EU, the European Commission’s strong expectation is that all 27 EU Member States will put national FDI screening mechanisms in place. A national screening mechanism in all 27 Member States serves to safeguard all individual Member States against potentially risky foreign investments ...
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 ...
Insolvency practitioners are undoubtedly alive to the risks of ignoring or mis-handling crypto assets and the threats of misfeasance or unfair harm claims that could follow. In this, the first in a series of articles on the subject, the message is simple – the technical details might appear arcane but provided you take specialist advice, a crypto asset is no different from any other asset you come across – keep calm and carry on ...
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 ...
Another instalment from the UK courts guiding employers on how to comply with S145B of TULRCA when participating in collective bargaining. In the same month as we are contending with the largest rail strikes in 30 years, it is apt that the Employment Appeal Tribunal (EAT) in Edinburgh has issued a decision in a theme of cases involving Section 145B of TULRCA and how it can impact pay negotiations ...
Shoosmiths colleagues Andy Graham and Amy Leech highlight some of the main considerations for employers looking to move their employees onto a four day working week. Shoospeak HR podcast 4 day working weeks - a dream or disaster? Shoosmiths colleagues Andy Graham and Amy Leech debate the four day working week pilot and some key considerations for employers looking to implement this type of working pattern ...
Rozhen, who has dealt with paperwork at least once in his life, understands how important the role of a notary is. The notary certifies the powers of attorney of individuals, wills, contracts for the alienation of real estate, issues certificates of the right to inheritance and performs many other notarial acts ...
The Court of Appeal has given some much-needed clarity on this issue in the recent decision of Abbey Healthcare (Mill Hill) Limited v Simply Construct (UK) LLP [2022]. In a majority judgment, the Court of Appeal reversed the first instance decision and held that the collateral warranty in question was a construction contract within the meaning of s.104(1) of the Housing Grants, Construction & Regeneration Act 1996 (the Construction Act) ...
In the lead up to the UK COVID-19 Public Inquiry, we look at the impact the pandemic has had on the Education sector. Education has been particularly badly affected by worldwide COVID-19 restrictions, with 184 country-wide school closures, leaving 1.53 billion out of school, and impacting 87.6% of the world’s total enrolled learners1. The move to online learning One of the biggest changes for the sector was the move to remote learning ...
Since the current Electronic Communications Code was introduced in 2017, swathes of it have come under the judicial microscope and even resulted in impending legislative updates. Until now, there has been no scrutiny of the process under which telecommunications apparatus is to be removed following termination of the underlying agreement ...
Invitation Dear Ladies and Gentlemen, ALRUD Law Firm is honored to invite you to our webinar dedicated to the upcoming reform of personal data legislation in Russia ...
In a judgment handed down on 14 June 2022 in The Federal Republic of Nigeria v JPMorgan Chase Bank, N.A [2022] EWHC 1447 (Comm) (FRN v JPMC) the court again considered the scope of the Quincecare duty and gross negligence. The decision is good news for Banks. The case related to the payment of over $1 billion by JPMorgan Chase (JPMC) to accounts held by a Nigerian company called Malabu Oil and Gas Limited (Malabu) ...
An LTAF is a UK authorised fund which offers greater flexibility in terms of assets that it can invest in than other types of UK authorised fund. It has more liquidity than more traditional fund structures such as private equity limited partnerships ...
Legal directory Chambers and Partners has today launched Global LawTech 2022, ranking Shoosmiths8 Connected Services Cia® and Matters+ as band one products. This global guide is part of Chambers’ professional advisor series and is its second report on the rapidly moving legal technology sector ...