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Shoosmiths LLP | January 2021

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 ...

Shoosmiths LLP | January 2021

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 ...

Shoosmiths LLP | January 2021

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 ...

Shoosmiths LLP | January 2021

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 ...

Shoosmiths LLP | January 2021

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 ...

Van Doorne | January 2021

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 ...

Van Doorne | January 2021

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 ...

Walder Wyss Ltd. | January 2021

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 ...

FISCHER (FBC & Co.) | January 2021

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 ...

Simonsen Vogt Wiig AS | January 2021

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 ...

Shoosmiths LLP | January 2021

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 ...

Shoosmiths LLP | January 2021

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 ...

Shoosmiths LLP | January 2021

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 ...

PLMJ | January 2021

The Covid-19 pandemic has led to the adoption of a set of exceptional and temporary measures to prevent the spread of SARS-CoV-2 and to the introduction of various forms of support intended to mitigate the economic impact of this situation ...

Shoosmiths LLP | January 2021

After what can only be described as a difficult year (an annus horribilis!) for employers and employees alike, we turn our attention to 2021 and look at some of the more significant legislative changes coming into force this year. Furlough continues The Coronavirus Job Retention Scheme has been extended until 30 April 2021 ...

Shoosmiths LLP | January 2021

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 ...

Simonsen Vogt Wiig AS | January 2021

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 ...

Simonsen Vogt Wiig AS | January 2021

Application of the exemption method conditional on fulfillment of requirements with regards to ownership fraction and period The Norwegian rules regarding participation exemption have in general entailed that companies tax resident in Norway investing in companies tax resident in the UK have benefited from participation exemption rules with regards to dividends and capital gains on such shares, and the same has been the case for UK companies investing in Norwegian companies ...

Simonsen Vogt Wiig AS | January 2021

At Christmas, the Trade and Cooperation Agreement (TCA) consisting of 1256 pages was finally agreed between the EU and the UK.  Crucially, the Agreement is between the EU and UK only and not the EU and its member states and the UK. The TCA establishes a free trade area for goods and services, in accordance with the WTO law. Both sides can apply trade remedies as is usual for free trade agreements such as on condition anti-dumping duties, anti-subsidy duties, and economic safeguards ...

Simonsen Vogt Wiig AS | January 2021

At Christmas, the Trade and Cooperation Agreement (TCA) consisting of 1256 pages was finally agreed between the EU and the UK.  Crucially, the Agreement is between the EU and UK only and not the EU and its member states and the UK. The TCA establishes a free trade area for goods and services, in accordance with the WTO law. Both sides can apply trade remedies as is usual for free trade agreements such as on condition anti-dumping duties, anti-subsidy duties, and economic safeguards ...

FISCHER (FBC & Co.) | January 2021

The Magistrates' Court in Bat Yam recently heard a claim brought against the company Sun d'Or which concerned the question of whether under Israeli law a person who purchased a flight ticket could transfer or assign their ticket to a different person ...

ALTIUS/Tiberghien | January 2021

Over the last 4 years, the Belgian Competition Authority (“BCA”) has increasingly scrutinised anticompetitive restraints in vertical agreements and assessed these restraints under Article IV.1 of the Belgian Code of Economic Law and Article 101 TFEU ...

Shoosmiths LLP | January 2021

The FCA has published details of the financial penalties imposed during 2020 showing a significant fall on previous years in the number of penalties imposed and aggregate value. It also calls for greater resources to help tackle frauds and scams. In 2020 the FCA imposed 11 fines totalling £192,570,018. Despite the number of fines reducing significantly there was still a range in the issues which resulted in penalties being imposed ...

Arendt & Medernach | January 2021

December 23, 2020 the Luxembourg legislator has published the law of 19 December 2020 implementing financial restrictive measures (“law of 19 December 2020”). This law has repealed the law of 27 October 2010 enhancing the anti-money laundering and counter terrorist financing legal framework ...

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