Key issues The EU Insolvency Regulation has ceased to apply to the UK The English court acquires new grounds for jurisdiction under the EU EXIT Regulations Insolvency proceedings opened in an EU Member State may be recognised by the UK courts based on the UNCITRAL Model Law Cross-border insolvencies between the EU and the UK will likely become more time consuming, complex and expensive Recognition of UK scheme of arrangements is subject to the Hague Choice of Court Convention or t
The outlook for the year ahead is uncertain with the effects of post-Brexit rules to contend with and COVID-19 continuing to restrict the way we live and work. We look at what the year may have in store for the construction industry. COVID-19 There is no doubt that the pandemic has caused challenges for the construction industry and is likely to have a significant impact into 2021 ...
The year 2020 was turbulent in many ways: the worldwide pandemic slowed down a number of reforms and caused challenges for various industries. Now it is time to look back and remind ourselves of the changes that took place in the field of employment law over the past year. It is also time to glance at the reforms awaiting us in 2021, a year hopefully brighter than its predecessor ...
This article forms part of our ‘New How: Perspectives’ report: ‘Home Working not the Panacea’. To access this free report, please click on the download link to the right of this page. Home. Noun. Meaning: “The place where one lives permanently, especially as a member of a family or household.” Not any longer. Home is now also where many of us work ...
Although the start of 2020 also shook up the M&A world, the market recovered especially in the second half of the year. At Van Doorne, the M&A specialists experienced this in the number of transactions: 32 of them. This puts the firm in 8th place in the Mergermarket Benelux League Table, based on the number of deals. In 2020, in Europe almost $850 billion was spent on a total of 6,658 transactions. This is an increase of 5.6% compared to 2019 ...
If parents cannot agree whether their children should be vaccinated, they can make an application under Section 8 of the Children Act 1989 to ask a judge to determine the issue. In M v H (Private Law Vaccination) [2020], the mother objected to the parties' two children aged six-years-old and four-years-old being given routine childhood vaccines in accordance with the NHS vaccination schedule ...
To boost the economy post-Brexit the government is committed to establishing up to 10 freeports across the UK and published a bidding prospectus at the end of last year. In our bitesize articles we provide a high-level overview of some of the key considerations if you are planning to participate in a bid and/or are considering the potential benefits of locating (or relocating) all or part of your business within a freeport (when established) ...
Lockdown 3.0 is upon us and once again schools are closed and working parents find themselves having to balance childcare and home-schooling whilst trying to manage their own work and responsibilities. For those who cannot reasonably work from home, or who may struggle with having to provide childcare at the same time as meeting the demands of their role, employers are able to consider offering furlough leave as an option ...
The Court of Protection is a specialist Court, focussing solely on supporting vulnerable individuals. This past year has acutely highlighted the needs of those most vulnerable in our society and their dependency on others to help manage their affairs. The Court has had to adjust its practices in order to ensure that help and solutions are found for those lacking capacity with minimal delay ...
This article forms part of our ‘New How: Perspectives’ report: ‘Can real estate help solve the productivity puzzle?’. To access this free report, please click on the download link to the right of this page. Contrary to popular belief, the Covid pandemic has not destroyed real estate as an investment class; rather it has accelerated the rate at which it was already evolving ...
The future of agriculture in Scotland is at a pivotal point. The COVID-19 pandemic has highlighted the challenges faced by farmers and crofters who have worked tirelessly to ensure food production and land management continues at a time when other industries have been brought to a standstill ...
If 2020 has taught us anything, it’s that no one can predict the future. But as we start 2021, we look at some of the legislative changes impacting real estate and expected to come into force, or be progressed, this year. Residential With Brexit concluded and the prospect of vaccinations bringing the Coronavirus pandemic under control, the government is keen to pursue its agenda of levelling up the country ...
Are you concerned about the impact of Brexit on your IP lifecycle? We’ve prepared the following guidance as the introduction to our new Brexit and IP five-part info series where we detail the impacts of Brexit on the various stages of the IP lifecycle. 1 ...
How does one resolve a dispute involving thousands of individual items where it is impractical to deal separately with each one? A recent decision in the Technology and Construction Court provides some guidance - but raises further questions. The case is Standard Life Assurance Limited v Gleeds (UK)(a firm) and Others (December 2020, TCC). Standard Life had engaged Costain as its main contractor for the development of a large residential and retail development in Berkshire ...
The Court of Appeal has overturned a decision by the Upper Tribunal and confirmed that a property guardianship scheme did not mitigate liability for business rates. Background Property guardians are individuals who temporarily live in empty property at reduced rents, ostensibly to protect it from damage and squatters. Typically, they are students, key workers or young professionals looking for cheap living space ...
Parliament has revised the federal telecoms legislation – in particular, the Federal Telecommunications Act (TCA) and its various implementing ordinances. These revised regulations entered into force on 1 January 2021. The revision of the telecoms legislation brings about several fundamental changes that affect consumers as well as telecoms service providers (TSPs) and telecoms operators ...
As we face a new period of lockdown, the memories of March come flooding back. However, it is useful to remember that, as a nation, we are better prepared this time, and our shared experiences of the last ten months will help to ensure we tackle the challenge ahead positively, constructively and from a more informed position than before ...
Sometimes a claimant realises that it has made a mistake. Its case may be pleaded incorrectly, elements of its claim may be unsustainable or stronger claims could be available to it. With permission, amendments can be made but when do these changes become something more than a simple amendment? R G Carter In the recent case of R. G ...
In light of the spread of the global Covid-19 pandemic and the discovery of a new mutation of the virus, the Israeli government has decided that as of December 23, 2020, the entry of foreigners into Israel will be banned. Further to this decision, the Population and Immigration Authority published guidelines regarding exceptional cases in which foreigners will be allowed to enter the country despite the ban ...
As from 31 December 2020 British sanctions will apply through UK Law. The UK has implemented several sanctions regimes under the Sanctions and Anti-Money Laundering Act 2018 (the British Sanctions Act). This act provides the legal basis for the UK to impose and update sanctions after Brexit. This Sanctions Act has enabled the UK to transition existing sanction regimes of the European Union (EU) into UK law. These apply in the whole of the UK, including in Northern Ireland ...
European regulations applied in the United Kingdom until 31 December 2020. Insurers could make use of their European Passports until that time. Since 1 January 2021, the European Passports are no longer valid for European insurers that offer their services in the United Kingdom. British insurers lost their European Passports on 1 January 2021. The 27 EU Member States and the United Kingdom reached agreement on a Brexit deal on 24 December 2020 ...
General Since the European System of Financial Supervision (ESFS) was introduced in 2010, several legislative acts have been adopted in the EU without being incorporated into the EEA-agreement. This is mainly due to Norwegian constitutional issues. These constitutional issues were resolved in 2018, and as result, a huge backlog of EU legislative acts needs to be incorporated into the EEA-agreement and transposed into Norwegian law ...
Kicking off our 2021 Tricky Issues Series, in this article we consider when misconduct is sufficiently serious to amount to gross misconduct. Misconduct v gross misconduct – why does it matter? Misconduct is one of the five potentially fair reasons an employer must have to dismiss an employee fairly. In this context, misconduct usually refers to two types of improper or unacceptable behaviour – ordinary misconduct and gross misconduct ...
To avoid a complete halt in critical functions in society, the government proposed a new law, the Corona Law, which provided the government with the authority to give regulations that were contradictory to statutory law. The most prominent feature on the field of litigation was the court’s new ability to decide that an oral hearing should be held by the use of videoconference. Furthermore, the Supreme Court also showed their ability to adapt quickly to the new situation ...
