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The TUC and CIPD have updated their guidance on managing age to take into account good practice developments since 2006 and the phasing-out of the default retirement age from 6 April 2011. It supports the Acas guidance on managing without a retirement age and reflects the business case for extending working life and employing people of all ages ...

The TUC and CIPD have updated their guidance on managing age to take into account good practice developments since 2006 and the phasing-out of the default retirement age from 6 April 2011. It supports the Acas guidance on managing without a retirement age and reflects the business case for extending working life and employing people of all ages ...

Since our last update (in June 2013), progress has been made on the key outstanding issues we identified; namely, geology, taxation, community benefits and planning ...

FCA clarifies applications timetable The transitional period for the implementation of AIFMD in the UK ends on 22 July 2014 and existing alternative investment fund managers' (AIFMs) must hold the correct Part 4A permission by that date ...

Recent cases in which employers have successfully defended their decisions to enforce dress and diversity policies against Christian employees have led to comments by Christian campaigners that there is "disproportionate animosity" towards the Christian faith in the UK courts ...

Recent cases in which employers have successfully defended their decisions to enforce dress and diversity policies against Christian employees have led to comments by Christian campaigners that there is "disproportionate animosity" towards the Christian faith in the UK courts ...

Shepherd and Wedderburn LLP | November 2010

For a surrender of lease to be effective, the tenant must relinquish its lease to its immediate landlord and the landlord must accept that.  The combination of these acts extinguishes the lease.  There are two methods of effecting a surrender: expressly, by way of deed, and by operation of law.  The preferred route is expressly by a deed of surrender, as the parties' acquiescence is clear and unequivocal ...

The Unified Patent Court (the “UPC”), which will have jurisdiction over most European patents, is due to commence operations at some point between the final quarter of 2022 and early 2023. It has been a long time coming and is part of the ‘Unitary Patent Package’. The aim of this package is to establish unitary patent protection within Europe, and to make it cheaper and easier for patentees to obtain and enforce patents ...

Where a legacy under a will is left to a party that does not appear to exist, or at least cannot be identified, this can intensify what is an already traumatic experience for the deceased’s loved ones. When this happens, who should receive the legacy? In the recent petition by Vindex Trustees Limited [2021] CSIH 46, the Inner House of the Court of Session declined to provide directions on this question ...

Its fair to say 2008 was an extremely challenging year for UK property.  Anything between 25-50% has been wiped off values from their peak in mid 2007 ...

Shepherd and Wedderburn LLP | November 2017

 Understandably, representatives for the oil & gas sector were keen to input into the strategy. Stakeholders believe that a purposeful collaboration between the industry and Government and a commitment to a combined effort will ensure that the infrastructure already in place can be used to benefit the UK in the future. Green Paper The green paper set out proposals for discussion and consideration and was an invitation to others to contribute ...

The parties to the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP) have agreed to formally commence an accession process with the UK. Ahead of the start of formal negotiations, the UK Government has set out its strategic approach to accession ...

The UK Department for Business Innovation and Skills (BIS) is currently consulting on a fundamental review of the UK competition regime. This includes, amongst other proposals, the introduction of a mandatory merger regime and a combination of the hitherto distinct first and second phase authorities (the Office of Fair Trading (OFT) and the Competition Commission) to form a single 'Competition and Markets Authority' (CMA) ...

The UK Department for Business Innovation and Skills (BIS) is currently consulting on a fundamental review of the UK competition regime. This includes, amongst other proposals, the introduction of a mandatory merger regime and a combination of the hitherto distinct first and second phase authorities (the Office of Fair Trading (OFT) and the Competition Commission) to form a single 'Competition and Markets Authority' (CMA) ...

HM Treasury has recently published the outcome of its UK Prospectus Regime Review.  The Review Outcome sets out important reforms to the UK prospectus regime for the public issuance of securities and admission to trading on capital markets, outlining the policy approach the UK Government will take following last year's Prospectus Regime Review consultation.  This briefing note sets out the key measures confirmed by the UK Government in the Review Outcome ...

HM Treasury has recently published the outcome of its UK Prospectus Regime Review.  The Review Outcome sets out important reforms to the UK prospectus regime for the public issuance of securities and admission to trading on capital markets, outlining the policy approach the UK Government will take following last year's Prospectus Regime Review consultation.  This briefing note sets out the key measures confirmed by the UK Government in the Review Outcome ...

From today, 29 July 2013, the following provisions will come into force under the Enterprise and Regulatory Reform Act: • Renaming of compromise agreements as "settlement agreements". This change will be accompanied by new rules on pre-termination negotiations, which are to be finalised later this year ...

The UK Government has this week announced what would be the biggest shake-up of the competition and consumer protection policy landscape for the last 20 years. On 20 July 2021 the Department for Business Energy and Industrial Strategy (BEIS) published a consultation document setting out its proposals for sweeping reforms of the UK’s competition and consumer protection law regimes and inviting responses by 1 October 2021 ...

UK Bribery Act 2010 – the international dimensionThe Bribery Act 2010, which is due to come into force later this year, has international business and activities firmly in its sights.  Practitioners who are used to the wide geographical scope of US legislation such as the Foreign Corrupt Practices Act may be surprised by the extent to which, under the Act, the UK courts will seize jurisdiction over offences committed abroad ...

Shepherd and Wedderburn LLP | February 2007

Advocate General Sharpston has recently expressed her opinion in the Commission v Republic of Finland case that ensuring a sufficient degree of transparency for the award of sub-threshold procurements should be determined by national law, rather than Community law. If these views were to be followed by the ECJ, it would provide renewed impetus to create national rules on low value awards and represent a meaningful evolution of the ECJ's past case law ...

A decision of the Court of Justice of the European Union (CJEU) in 2011 appeared to limit the options for large television companies seeking to prevent unlicensed viewing.  It was held in that case, involving the Football Association Premier League Ltd, that the use of foreign decoders to broadcast Sky television in public places could not be prevented because of EU competition rules ...

On 6 April 2006, new regulations, called the Transfer of Undertakings Protection of Employment - TUPE - Regulations 2006 came into force to replace the well-known 1981 Regulations. These are the Regulations that make provision for protection of employees ? from dismissal and in their terms and conditions - where a business is transferred from one company to another. TUPE 2006 differs in a number of ways from the 1981 Regulations ...

On 6 April 2006, new regulations, called the Transfer of Undertakings (Protection of Employment) – TUPE - Regulations 2006 came into force to replace the well-known 1981 Regulations. These are the Regulations that make provision for protection of employees – from dismissal and in their terms and conditions - where a business is transferred from one company to another. TUPE 2006 differs in a number of ways from the 1981 Regulations ...

Shepherd and Wedderburn LLP | September 2013

The government has today published its response to the consultation on changes to the TUPE Regulations, which are due to come into force in January 2014.  Set to stay: service provision changes and employee liability information The headline point is that service provision changes are set to stay.  Under the current TUPE Regulations, outsourcings, insourcings and retenders/second generation outsourcings would trigger a TUPE transfer ...

In a welcome decision for employers, the Employment Appeal Tribunal has considered the extent to which employment tribunals should investigate the employer's marking and scoring process in a redundancy procedure and held that detailed judicial scrutiny of the scores awarded in a redundancy process is inappropriate (Dabson v David Cover & Sons Ltd). Mr Dabson argued that he had been dismissed unfairly for redundancy ...

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