The Lawyer Briefings

A knowledge bank of legal guides and white papers from The Lawyer’s third-party contributors, plus a curated top legal briefings of the week.

Litigation

New amendments to CIRP regulations – Relief for bidders and dissenting financial creditors

The Insolvency and Bankruptcy Board of India (IBBI) amended the IBBI (Insolvency Resolution Process for Corporate Persons) Regulations, 2016 (CIRP Regulations) for the fourth time in 2018 on 5 October 2018 through the IBBI (Insolvency Resolution Process for Corporate Persons) (Fourth Amendment) Regulations, 2018 (Amendment Regulations). The Amendment Regulations have come into force on 5 […]

Hungary: Tricks and Traps of Electronic Communication

By Kinga Hetényi, Alexandra Bognár We have seen continuous development over the past few years in the means of communication with the judiciary as well as central and local administrative bodies. But there are pitfalls one should be careful to avoid. The basics of electronic administration Electronic administration allows users to communicate efficiently with courts, authorities and […]

Banking and finance

The international capital markets review

By José Pedro Fazenda Martins, Orlando Vogler Guiné The Portuguese economy has been recovering strongly since the end of the financial crisis and the successful conclusion of the Financial Assistance Programme, benefiting from healthy dynamics in the tourism sector and improved investment in various other sectors. The improving of leading indicators, the expansion of industrial production, […]

Receivables finance: The prohibition on assignment is now in force

By Michael Taylor, Ian Akitt, Peter Considine The Business Contract Terms (Assignment of Receivables) Regulations 2018 came into force on 31 December 2018 meaning that parties to a contract in the UK may no longer be able to prohibit the assignment of receivables arising in respect of supplies made under it, even if it is a long term […]

FCA opens notifications for temporary permissions regime in case of no-deal Brexit

By François Pfister, Anne-Gaëlle Delabye In order to ensure that investment funds that are currently marketed in the United Kingdom under the European Economic Area (EEA) passporting regime continue to be able to do so in the event of there being no implementation period based on the withdrawal agreement after 29 March (no-deal Brexit), the […]

All aboard the bond wagon: SEBI board meeting decisions

The Securities and Exchange Board of India (SEBI) in its meeting held on 18 August 2018, besides reviewing the total expense ratio of the mutual fund schemes and agreeing to introduce united payment interface with ASBA facility for public issues, has also paved the way for further stimulating the bond market by removing the requirement […]

Implying ‘Braganza’ duties into mortgage contracts

By Christina Gill A recent High Court case has shed some light on the extent to which the courts may imply additional duties into mortgage agreements requiring lenders to make decisions by way of processes that would be “lawful and rational in the public law sense”. Banking Litigation specialist Christina Gill explains UBS AG v Rose Capital […]

Channel Islands funds quarterly legal and regulatory update: Q4 2018

Jersey Developments Value of regulated funds in Jersey hits record high Figures released by the Jersey Financial Services Commission (JFSC) for Q3/2018 and reported by Jersey Finance, showed that the net asset value of regulated funds under administration in Jersey grew 14% year-on-year to stand at £301.7bn. Ogier’s commentary on this very encouraging news can […]

Company and commercial

The legal hub – Create the ideal state for your corporate legal team

Corporate legal teams are under constant pressure to deliver more value to their organisations. Growing demand and changing expectations from the business mean that legal departments are adapting to embrace innovation and requiring their network of external counsel to do the same. Generally, corporate legal teams are adopting new technologies and adapting to changing pressures […]

Amendment to S. 197 of companies act, 2013 notified: Government approval no longer required for enhancement of managerial remuneration

In a long awaited move, the Ministry of Corporate Affairs (MCA) has notified the provisions of the Companies (Amendment) Act, 2017 (CA Amendment Act), relating to managerial remuneration, which are now in force with effect from 12 September 2018. By way of a notification, the amendments to Section 197 and Schedule V of the Companies […]

Serbia: The registration of Ultimate Beneficial Owners

As of 31 December 2018, the Central Registry of Ultimate Beneficial Owners was established within the Serbian Business Registers Agency (the “Registry”), in line with the Law on Ultimate Beneficial Owners (“Official Gazette of the RoS no. 41/2018). In addition, the Ministry of Economy issued guidelines which provide more information on the implementation of certain aspects of this Law […]

Doing business in Kazakhstan – 2018

Despite the fact that Kazakhstani legislation provides for a number of forms to incorporate commercial companies (full partnership, limited liability company, additional liability partnership, joint-stock company), in practice, businessmen and foreign investors often prefer a certain form of incorporation such as an LLP (TOO) or JSC (AO). Other forms of doing business in Kazakhstan are […]

Important pension developments in 2019

By Jason Coates, Ian Chapman-Curry, Kevin Gude 2019 promises plenty of developments that will keep trustees, employers and advisers busy. From Brexit to superfunds, pension professionals will have to grapple with new legislation, consultations and revised guidance. In this update, we outline nine key pension issues that are likely to dominate the pensions landscape this year, plus some […]

Competition and EU

Don’t jump the gun! Mergers may be caught in the Romanian Competition Council’s crossfire

By Mona Banu, Cristiana Manea Gun jumping refers to premature enforcement of a merger before obtaining clearance from the competition authority. While most companies are aware of this interdiction, it can be difficult to balance the scope of the competition standstill obligation during the pre-closing period and the measures taken by the acquiring company to protect the […]

Competition law and policy- 4th quarter 2018

Below, you will find the edition of the Competition Law and Policy Newsletter for the 4th quarter of 2018, which compiles the most significant news in this area. IN FOCUS: PORTUGAL I. COURTS Aptoide wins court battle against Google II. COMPETITION AUTHORITY Portuguese Competition Authority publishes definitive version of Issues Paper on technological innovation and […]

Hungarian Competition Authority revokes its decision clearing Digi’s acquisition of Invitel and imposes a significant fine

By Anna Turi The Hungarian Competition Authority (HCA) cleared the acquisition of sole control over Invitel Távközlési Zrt (“Invitel”) by Digi Távközlési és Szolgáltató Kft (“DIGI”) conditionally – with commitments – in May 2018. A few months later, it established that DIGI had intentionally misled HCA officials and therefore revoked the decision and imposed a fine on […]

Competition Authority created in Angola

By Nuno Ruiz, Miguel Mendes Pereira, Ricardo Bordalo Junqueiro, Joana Pacheco On 21 December 2018, Presidential Decree 313/18 approving the bylaws of the Angolan Competition Regulatory Authority (“CRA”) was published, putting in place the last piece of the Angolan competition law regime. The decree completes the Angolan Competition Act (“ACA”), of 10 May 2018 (see Flash here), and the […]

Geo-blocking – EU Commission fines Guess

On 17 December 2018 the European Commission fined the clothing company Guess in the amount of EUR 39.8 million for restricting retailers from online advertising and selling cross-border to consumers in other Member States – i.e. “geoblocking”. The Commission’s announcement of its fining decision complements the Regulation 2018/302 on unjustified geo-blocking (the “Regulation”), which came […]

Guess’ fine and geo-blocking – What retailers need to know

By Gwendoline Davies, Richard Jaques This briefing highlights the recent anti-competition findings and fine against clothing company Guess, and explain what retailers need to know about new online retail ‘geo-blocking’ rules. Guess’ €40 million* fine Clothing company Guess has been fined almost €40 million by the European Commission (EC) for anti-competitive provisions within its distribution agreements […]

Corporate

Risks for liability insurers and their insureds: #MeToo

By Susie Wakefield, Antonia Blackwell One year on from #MeToo, Bloomberg estimates at least 425 prominent people across industries had been publicly accused of sexual misconduct. These headlines have brought the issue of how employers tackle sexual harassment in the workplace into the spotlight. In addition to dealing with any allegations of sexual harassment, organisations will […]

Zero-hours contracts – Common pitfalls for employers

By Jo Tunnicliff “Zero-hours contracts can be a positive part of work-life balance if they offer genuine two-way flexibility,” says Matthew Taylor, the government’s lead reviewer of modern working practices. As our previous article set out, the Taylor Review made recommendations designed to improve the working conditions of individuals working in the gig economy, including zero-hours […]

Ontario employers: Time to update your ESA poster

By Craig J. Stehr, André Poulin-Denis The Employment Standards Act, 2000 (ESA) requires that employers in Ontario display a poster published by the Ministry of Labour. The poster provides information about employee rights and obligations under the ESA and its regulations, and is periodically updated. Recently, the Ministry published a new eighth version of the poster, which is available […]

‘Strexit’ – dealing with workplace stress, depression and anxiety

By Sinead Kelly Ever had to deal with a toxic work environment? Being undermined? A lack of support? Working to tight deadlines under pressure? One can only assume this would resonate quite strongly with Theresa May at present. In a wider context however, these issues are of course all factors which can lead to workplace stress.

Portugal: An introduction to insurance

The insurance M&A activity during 2017 followed the consolidation trend of the previous years, with a number of sales procedures of insurance companies being completed or initiated during this period. Similar to the previous years, these sales procedures attracted mainly foreign investors (particularly China-based), thus the control of the insurance sector has become more and […]

HR in 2019 – turbulent times ahead – what are the key challenges?

By David Smedley, Andrew Rayment ‘May you live in interesting times’…an old Chinese saying intended to be uttered as a curse upon one’s enemies. We are living in unprecedented times and 2019 is undoubtedly set to be an ‘interesting’ year for business as ongoing fallout from Brexit translates to general uncertainty and unchartered trading conditions. Yet, against […]

Employment

Legislative news for 2019: Employment & benefits

A series of new legislative measures in labour and social security matters was approved last December, some of them have already came into force, but others have yet to be published on the Official Gazette. VdA’s labour team has selected the most relevant and prepared the summary herebelow.

Drafting employment documents: A new series for 2019

By Michael Briggs During 2019 we will be providing a series of articles on how best to draft certain commonly used legal documents within the human resources arena. This follows the success of last year’s Breaking Down the Handbook series, focusing on preparing policies and procedures for staff handbooks.

FCA senior managers and certification regime

By Ian Mason, Jonathan Chamberlain In July 2018 the UK Financial Conduct Authority (FCA) published its near-final rules on extending the senior managers and certification regime (SMCR) to all firms regulated by the FCA. All FCA regulated firms will need to comply with these rules from 9 December 2019, and with SMCR now on the horizon, both employers […]

The legal view: Will Brexit affect regulation?

By Ruth Bamforth Brexit continues to dominate the headlines, and the unknowns seem to multiply constantly. Will parliament pass the deal agreed by the EU? Will there be a hard Brexit? Will the UK remain? Will there be a second referendum?

Drug and alcohol policies for employees

By Beth Jenkins, Paula Rome This final month, in our Breaking Down the Handbook series, we look at drug and alcohol policies and why they are important for employers to have when dealing with employees with drug and alcohol misuse problems. Why have a policy? The need for a policy is important, as the lines can […]

The ‘Good Work Plan’ heralds a new round of employment law reform for employers

A new round of employment law reform is upon us. In an attempt to improve the rights of zero hour, agency and Gig Economy workers (previously identified by Theresa May as “just about managing”). The Government is set to implement its “Good Work Plan” by proposing legislative changes “to ensure that workers can access fair […]

Energy and environment

Rule changes affecting licence exempt supplies of electricity

By Stuart Urquhart Part 1: Electricity network charges and private wire supplies There has been a raft of recent announcements relating to aspects of energy regulation, many of them not entirely positive for developers of renewable energy projects.  This includes:- Ofgem’s consultation of 28 November proposing the removal of “embedded benefits” relating to balancing services use of system […]

Portugal: An introduction to Energy & Natural Resources

By Rui Amendoeira, Miguel Soares Branco In 2016, Portugal ran for four days straight on renewable energy alone. Recent investments in renewable energies mean that currently Portugal runs approximately 60 per cent on renewable energy all year round. Without relevant oil and gas developments, this European country represents the modern approach to the energy sector with […]

2019 Planning predictions

2019 is likely to be an unpredictable and turbulent year in the UK and abroad, and few will be confident enough to predict whether Great Britain and Northern Ireland will leave the European Union in March; whether we will enjoy a heatwave in the Summer; or what the nation will watch now that Big Brother […]

Supreme Court lays down guidelines to determine the interest payable on arbitral awards in International Commercial Arbitrations

On 11 October 2018, the Supreme Court of India (Supreme Court), in Vedanta Limited v Shenzen Shandong Nuclear Power Construction Company Limited (Civil Appeal No. 10394 of 2018), laid down the guidelines to be followed by arbitrators while awarding interest in an arbitral award pursuant to an international commercial arbitration. These guidelines take into account […]

Future FIT: SEGue to the future of embedded generation

By Marianne Anton The ghost of tariffs past Following its announcement in December 2018 of the closure of the Feed-in Tariff scheme (FIT) to new applications after 31 March 2019, the Department of Business, Energy and Industrial Strategy (BEIS) launched a consultation on 8 January 2019 on the introduction of a mandatory supplier-led route to […]

Romania: Amendments to the tax law as of 1 January 2019

By Theodor Artenie, Anamaria Tocaci, Alexandra Barbu Emergency Ordinance No. 114/2018, on the establishment of measures in the field of public investments and of fiscal-budgetary measures, the amendment and supplementation of some normative acts and the extension of some deadlines, recently introduced a series of legal changes with a fiscal impact. Below we summarise the most important changes in […]

Funds

LIBOR: Early steps to prepare for the discontinuation

By Graham Walters In September 2018, the PRA and FCA wrote to the CEOs of major banks and insurers supervised in the UK to understand the preparations that were underway to manage the transition from LIBOR to SONIA (Sterling Overnight Index Average). As the Dear CEO letter explained, repeating the words of Andrew Bailey, Chief […]

Almaty Light Rail Transit project in Kazakhstan

On the 29th November 2018, Almaty, the former capital and the largest city in Kazakhstan, received responses from nine international consortia, consisting of companies from Japan, France, Russia, Turkey, Spain, China and Kazakhstan, to participate in the first stage of the open tender of the Almaty Light Rail Transit (LRT) public-private partnership (PPP) project. The mayor of Almaty is seeking a private partner to design, […]

Where next for cryptocurrency?

By Bryan Shaw The recent Treasury Committee report examining the role of digital currencies in the UK concluded that urgent regulation of the sector is needed to put an end to the “wild west” environment in which firms are operating today. Three months on from that report, with time to digest its contents and implications, […]

Loyalty penalty super-complaint – An update

By Rob Aberdein, Jeanette Burgess The Competition and Markets Authority and the Financial Conduct Authority have responded to the Citizens Advice super-complaint about the so-called ‘loyalty penalty’ affecting long-term existing customers in the mobile, broadband, cash savings, home insurance and mortgages markets. Walker Morris’ Retail Finance specialists explain. Super-complaint Walker Morris has reported previously that, on […]

Capital Markets Update: January 2019

By John Hamer, Debbie Jackson, Richard Naish, Daniel O’Gorman Welcome to the current edition of Capital Markets Update, the monthly briefing from the Corporate Group at Walker Morris rounding up the previous month’s developments within the equity capital markets and looking ahead to future developments. December’s news QCA publishes corporate governance behaviour review 2018 On 3 December 2018, the […]

Various FCA reports, proposals and guidance issued on 18 December 2018

By Rob Aberdein, Karl Anders, Andrew Beck On 18 December 2018 the Financial Conduct Authority published various items relating to consumers and credit of which lenders and social landlords should be aware: The FCA has made new rules strengthening protections for consumers using doorstep lending, catalogue credit and store cards. Some of these, relating to the treatment of customers in […]

Insolvency and restructuring

Supreme Court: Time-barred claims cannot be brought under IBC

On 11 October 2018, the Supreme Court (Court) vide its judgment in B.K. Educational Services Private Limited v Parag Gupta and Associates (Civil Appeal No. 23988 of 2017) clarified the applicability of Limitation Act, 1963 (Limitation Act) to the Insolvency and Bankruptcy Code, 2016 (Code). Background Parag Gupta and Associates, a financial creditor (Respondent) had […]

PortugaL: An introduction to restructuring/insolvency

By Frederico Gonçalves Pereira, Teresa Pitorra Portugal is now in recovery from the severe economic and financial crisis it has faced since 2011. In the past year, economic activity in general has largely improved and, in particular, economic growth, investment and consumer spending have reached pre-crisis levels. This environment of economic growth has allowed several […]

Government responds to law commission report on consumer prepayments on insolvency

By James Forsyth The Government will consult on new laws to give consumers greater protection on retailer insolvency, but has confirmed that consumer prepayments will not be given preferential status in insolvency. This was announced on 27 December 2018 in the Government’s Response to the Law Commission’s July 2016 Report on Consumer Prepayments on Retailer […]

In what circumstances can additional administrators be appointed?

By Simon Clark, Gawain Moore According to a recent case, Zinc Hotels (Investment) Limited and others v Beveridge and others [2018] EWHC 1936 (Ch), the court does not have power to appoint additional administrators except within the constraints of paragraph 103 of Schedule B1 to the Insolvency Act 1986. Where administrators are appointed out of court by the […]

What is the extent of a secured creditor’s equitable duty to a guarantor?

By Simon Clark, Gawain Moore In General Mediterranean Holding SA SPF v Qucomhaps Holdings Ltd[2018] the Court of Appeal had to consider if and when a commercial lender’s acts or omissions in relation to its security will release a guarantor from its obligations. The court found that in the absence of express terms, any equitable duty […]

Insurance

Landlord insurance obligations: High Court limits protection for tenants

By Jeremy Moore, Will Cousins The High Court has ruled that the extent of a landlord’s obligation to obtain insurance for the benefit of itself and a tenant will depend on the construction of a lease. In a recent case, the obligation placed on a landlord to protect its tenant’s interests by obtaining insurance for its benefit […]

IRDA clarifies implementation of Compulsory Personal Accident (CPA) insurance for owner drivers

The Insurance Regulatory Development Authority of India (IRDAI) has issued a circular ref. IRDAI/NL/CIR//MOTP/170/10/2018 dated 9 October 2018 (Revised Circular) providing certain clarifications regarding the implementation of Compulsory Personal Accident (CPA) insurance for owner drivers. The Revised Circular has been issued in light of complaints and communications received from various stakeholders regarding certain aspects of […]

New requirements for Bermuda general and composite insurers commence on 1 January 2019

By Mary V Ward, Henry Tucker On the first of January new requirements for Bermuda general and composite insurers commence to ensure that Bermuda maintains an effective insurance regulatory and supervisory infrastructure. This briefing gives a high level reminder of the amendments. Bermuda’s Insurance Amendment (No.2) Act 2018 made some important amendments to the Insurance Act […]

When an occupier’s waste becomes a landowner’s problem

By Angus Evers, Joanne Sears A landowner has been convicted and fined after his tenants illegally stockpiled waste wood on his land. This is just the latest in a series of cases brought by environmental regulators against landowners whose tenants have committed waste-related offences, and all the indications are that this trend will continue. As we […]

HMRC releases long awaited guidance on how cryptoassets will be taxed on individuals

By Dominic Cole HMRC has released the long awaited guidance on how cryptoassets will be taxed on individuals. There are very few surprises in the paper, although there are plenty of caveats made such that HMRC may amend its approach if there are unexpected consequences. There are interesting points to read on forks and mining.  Further, […]

Intellectual Property

Draft patent (amendment) rules, 2018 published for objections and suggestions

The Ministry of Commerce and Industry has published Draft Patent (Amendment) Rules, 2018 (Draft Rules) for objections and suggestions. The key highlights of the Draft Rules are broadly set out below: International Applications: Patent agents will be required to file all documents, including scanned copies of documents, only by electronic transmission at the time of […]

Changes to the UK’s trademarks law

Today the EU Trade Marks Directive 2015 comes into force and brings with it changes to the UK Trade Marks Act 1994 (TMA), and the UK Trade Marks Rules 2008 (TMR). We have set out a brief summary of the key changes which will impact the application, registration, enforcement and licensing of trade marks in […]

Austrian Constitutional Court declares percentage Cap of Copyright Levies null and void

By Adolf Zemann, Guido Kucsko Copyright levies on recording media have been occupying the Austrian courts, courts of other Member States and the CJEU frequently over the last few years. A recent decision of the Austrian Constitutional Court adds another chapter to this never-ending story. The background Based on the InfoSoc-Directive (2001/29/EC), Member States must provide that […]

Foreign patent holders (and patent lawyers) – Beware when writing to Canadians

By Marc Crandall A number of changes to Canada’s intellectual property legislation came into force on Dec. 13, 2018.  One of the changes to Canada’s Patent Act is a new subsection relating to written demands (a.k.a. cease and desist letters) in relation to patents – seemingly any patents, including foreign patents. The newly added subsection sets […]

Amendment to Czech trademark legislation: Additional responsibilities of trademark owners

By Zdeněk Kučera On 1 January 2019 an amendment to Czech trademark legislation entered into effect. The amendment incorporates applicable EU regulations, and also introduces some country specifics. Below, we summarise the most important changes from a practical perspective: The Industrial Property Office (IPO) will no longer refuse, on its own motion, the registration of trademarks […]

Canadian Patent Law: 2018 year in review

By Alex Gloor, Michael Crichton There were various developments in Canadian patent law in 2018.  Numerous decisions of the Federal Court of Appeal and Federal Court will have a notable impact on patent law in Canada going forward. In addition, both the Patent Act and the Patent Rules were the subject of significant amendments that will impact both prosecution […]

Pharmaceuticals and healthcare

Changes in the procedure for admission of foreign medical devices and medicines to public procurement in Russia

On 1 January 2019, amendments to the Resolution of the Government of the Russian Federation No. 102 of 05.02.2015 that provides for restrictions and conditions for the admission of certain types of medical devices originating from foreign countries for the purpose of procurement for state and municipal needs (“Resolution No. 102”). And the Resolution of […]

Costs of unwanted child not recoverable for public policy considerations

By Rebecca Livesey In ARB v IVF Hammersmith & Another [2018] Civ 2803, the Court of Appeal considered ARB’s claim for pecuniary losses arising from the birth of his child. By way of background, ARB and his then partner (R) had IVF treatment at the Defendant clinic, leading to embryos being frozen. An embryo was used […]

Patenting of human genes?

By Barbara van der Ven Is it possible to patent the sequence (or partial sequence) of human genes? Genetic research is very important in the fields of diagnosis and treatment of genetic disorders, infectious diseases and non communicable diseases. From the very beginning, genetic research has always been connected with moral and ethical questions, such as […]

Can the costs of surrogacy be recovered by a claimant in a clinical negligence claim?

The Court of Appeal yesterday handed down an important decision in the case of XX -v- Whittington Hospital NHS Trust [2018] EWCA Civ 2839 concerning the recoverability of surrogacy costs when a claimant is rendered unable to have children naturally. The Respondent had admitted negligence in failing to detect signs of cancer in smear tests carried out on […]

Taxation of blockchain and crypto currency: A case study

By Roland Böhi, Danielle Wenger, Manuel Vogler The tax team discusses a fictional case of an initial coin offering (ICO) from a Swiss tax perspective. So called Initial Coin Offerings (“ICO”) as a new fundraising mechanisms in which new projects sell their underlying crypto tokens in exchange for e.g. Bitcoin or Ether, have often been discussed in […]

Health and Safety: November/ December 2018

By Andrew Northage, Stuart Ponting, Robert Starr Sentencing update, HSE injury and ill health statistics, government response to Hackitt Review and more. Almost three years on from the new sentencing guideline and £1 million-plus fines continue to bite Bus company Midland Red (South) Limited was fined £2.3 million following a collision in which two people were killed and others […]

Private Client

The International Comparative Legal Guide to: Private Client 2019

By Philippe Pulfer, Olivier Sigg Welcome to the 2019 edition of The International Comparative Legal Guide to Private Client which I am delighted to introduce this year. The Guide covers a comprehensive and diverse range of articles that would pique the interest of any domestic or international practice client adviser. The publication is designed to provide readers […]

Time for Islanders to use new law to record wishes about assets and care

By Simon Lofthouse January is the traditional time of year for writing or updating your will, but Islanders should also consider a Lasting Power of Attorney (LPA) to record their wishes about their assets and personal care should they lose mental capacity. That’s the view of lawyer Simon Lofthouse from Ogier’s Jersey Private Client & Trusts […]

Proposed amendments to the Canadian Patent Law: An update

By Roch J. Ripley On Dec. 1, 2018, the Canadian government published for public consultation an updated version of its proposed amendments to the Canadian Patent Rules. The consultation period runs from Dec. 1, 2018, to Dec. 31, 2018, and follows a consultation process performed in respect of an earlier draft of the Rules published in August 2017. The updated version of […]

Final means final (or does it?) Dooneen v Mond confirmation

By Rob Aberdein The Supreme Court has handed down judgment in the Scottish case Dooneen Ltd v Mond giving important clarity for creditors, debtors, trustees and financial institutions as to the correct construction of the words “final distribution” in a voluntary trust deed. Background In 2006, Mr Davidson granted a trust deed in favour of his creditors, and […]

Making a will by foreign domiciled persons to cover Jersey based movable assets

By Victoria Grogan This briefing has been prepared for clients domiciled outside Jersey who are considering making a will to cover their Jersey based movable assets. This briefing attempts to answer some of the more common questions that are asked by people who are not domiciled in Jersey, but hold assets here and are concerned about […]

Government’s new probate fees – just an extra death tax?

By Nicola Preston A Birmingham barrister has raised concerns over the Government’s move to increase probate fees claiming it is an additional ‘death tax’. Under the new rules, estates worth £2m or more will pay £6,000 in probate fees, which is a 3,770 per cent increase on the current £155 fee. This is a reduction on […]

Public sector and local authority

Significant beneficial owner: SEBI makes listed companies comply

On 7 December 2018, the Securities and Exchange Board of India (SEBI) issued circular No SEBI/HO/CFD/CMD1/CIR/P/2018/0000000149 (Circular) to modify Circular No. CIR/CFD/CMD/13/2015 dated 30 November 2015 (Format for Disclosure of Holding of Specified Securities and Shareholding Pattern) issued under Regulation 31 of the SEBI (Listing Obligations and Disclosure Requirements) Regulations 2015. Pursuant to the modification, […]

Key implications of Brexit January 2019

By Trudy Feaster-Gee The article provides a practical guide to some of the implications that UK businesses currently face, given the rejection by Parliament on 15 January 2019 of the Withdrawal Agreement, of a no-deal Brexit

The role of the Centre for Data Ethics and Innovation

By Jocelyn S Paulley, David E Brennan The UK’s brand new Centre for Data Ethics and Innovation has officially launched, implementing part of the Sector Deal for AI and Data in the government’s Industrial Strategy. The Centre will advise the government on how the UK can maximise the benefits of data-enabled technologies, including artificial intelligence.

Brexit: What happens next?

By Trudy Feaster-Gee, Sue Harris Now that the House of Commons has overwhelmingly rejected the government’s Brexit deal, we take a look at what happens next and what it means for businesses. On Tuesday 15 January 2019, the House of Commons voted overwhelmingly to reject the Brexit deal negotiated between the government and the European Union. A […]

Portugal: An introduction to public law

By Catarina Pinto Correia, Ana Marta Castro, Pedro Fontes 2018 begins with a general positive feeling, since, in 2017, Portuguese economy grew – for the fourth year running – at a projected rate of approximately 2.5%. This growth follows a deep recession experienced between 2011 and 2013, years that were also marked by a significant decrease […]

Russian sanctions against Ukraine: Ban on the import of certain commodities

A ban on the import into Russia of certain commodities, the country of origin of which is Ukraine or which move through the territory of Ukraine was introduced by the Decision of the Government of the Russian Federation dated 29 December 2018 No. 1716-83. The list of the commodities prohibited for import is provided in […]

Real Estate and Infrastructure

Property owner prosecuted for spread of Japanese knotweed

By Angus Evers, Lucy Shepherd Bristol City Council has used its powers under the Anti-Social Behaviour, Crime and Policing Act 2014 to prosecute a property owner for allowing the spread of invasive plant species Japanese knotweed. The Anti-Social Behaviour, Crime and Policing Act 2014 (the ‘Act’) enables local authorities to take action for anti-social behaviour, which […]

Jersey – Practical Guide to Property Law

Jersey is the largest of the Channel Islands and is a self-governing British Crown Dependency with its own financial and legal systems and its own courts of law. Jersey property law is derived from a mixture of local statute and customary (common) law. Jersey’s customary law has evolved from Norman-French law and is primarily contained […]

Restrictive covenant modification also widens easement

By Kirsty Black, Lucy Shepherd The Upper Tribunal (Lands Chamber) has held that the modification of a restrictive user covenant authorised a corresponding change in the permitted use of a right of way. Facts Mr & Mrs O’Byrne bought their property in Oxfordshire in 2001 from Magdalen College, Oxford (the College). It comprised a farmhouse […]

Risks of scaling up Ottawa’s heritage register

By Michael S. Polowin, Roberto Aburto Over the past several years, many Ottawa property owners have received notice that their properties have been listed in the register of the city’s Heritage Inventory Project. This project, pursued under the Ontario Heritage Act (“OHA”), is intended to identify and better protect Ottawa’s historic buildings. In 2018, the City of Ottawa issued […]

Ontario – New record keeping requirements for land owners

By Karen E. Hennessey, Jodey Therriault The grace period is over.  All Ontario corporations that hold a legal or beneficial interest in real property in Ontario are now subject to more onerous record keeping requirements. These requirements are a result of amendments made to the Ontario Business Corporations Act and the Corporations Act on December 10, 2016 and require all Ontario […]

Consultation on Commonhold

By Steve Nixon, Rachel Elgar In April 2018 we explained that the Law Commission had launched a call for evidence on commonhold home ownership as part of the UK Government’s wider aim to overcome the perceived unfairness of the leasehold market (which we covered in August 2017). The appetite for leasehold reform has put commonhold back on the political agenda. The […]

Technology, Media and Telecommunications

Drone usage and the law

By Jane Weaver, Martin McKeague It is likely that, in the run-up to this Christmas, perhaps more online shopping will have been done than at any time ever before. Amid news stories about traffic congestion being caused by the growing numbers of delivery vans on our roads, and as technological innovations develop apace, retailers may be increasingly […]

Supreme Court upholds TRAI’s jurisdiction in telecom operator case

By Rahul Singh, Anisha Chand, Sakshi Agarwal On 5 December 2018, the Supreme Court dismissed an appeal by the Competition Commission of India’s (CCI) challenging a Bombay High Court order in a matter alleging cartelisation by telecom companies Airtel, Vodafone and Idea (collectively, the IDOs). The central issue before the Supreme Court dealt was the jurisdiction of […]

Six technology startups to watch out for in urban planning

By Dominic Conte, Joe Morris, Ben Stansfield Always got your eye on the latest startups to come out of Silicon Valley? We’ve done the groundwork for you and brought together six tech startups to keep an eye out for which may impact on urban and spatial planning across the world. These have been chosen due to their growth […]

The new Mozambique land registry code

Decree-Law no. 2/2018 of 23 of August has now entered into force. It approves the new Land Registry Code (CRP) and repeals the previous CRP approved by Decree-Law no. 47.611 of 28 March 1967, which was in force for 49 years and applied in Mozambique by virtue of Ministerial Order no. 23944 of 15 March […]

Tech Visa: New programme to attract talent

The Tech Visa is intended to bring greater efficiency to the granting of residence visas or residence permits for highly qualified immigrant workers that wish to work in Portugal. It therefore helps companies to attract and retain specialist talent. The Tech Visa programme was approved by Ministerial Order 328/2018 of 19 December. This programme defines […]

FDI in e-commerce activities: Press note no-2 (2018 series)

The Department of Industrial Policy and Promotion (DIPP) of the Ministry of Commerce and Industry, Government of India has issued Press Note No 2 (2018 Series) on 26 December 2018 (PN 2 of 2018). PN 2 of 2018 amends paragraph 5.2.15.2 (e-commerce activities) of the current ‘Consolidated FDI Policy’ of the DIPP effective from 28 […]

Tax

Changes to Guernsey’s corporate tax residence rules

Guernsey’s rules on corporate tax residence changed at the beginning of 2019 following amendments to its existing tax law brought into effect by a combination of the Income Tax (Guernsey) (Amendment) (No 2) Ordinance 2018, the Income Tax (Substance Requirements) (Implementation) Regulations, 2018 and the Income Tax (Substance Requirements) (Implementation) (Amendment) Regulations, 2018, all passed […]

New substance legislation for the British Virgin Islands

By Laura Malpass In response to the requirements of the EU Code of Conduct Group, the British Virgin Islands has enacted new legislation setting out an economic substance test for tax-resident entities. The Economic Substance (Companies and Limited Partnerships) Act, 2018 (the Act) came into force on 1 January 2019 and applies to all companies […]

Bermuda lodges legislation to introduce substance requirements and to improve investment funds regulatory regime

The government of Bermuda has published the Economic Substance Act 2018 (the “ESA”). The ESA, once adopted, is intended to meet the commitment made by Bermuda to address certain concerns raised by the European Union’s Code of Conduct Group (Business Taxation) (the “Code Group”) in relation to the need for relevant businesses to demonstrate economic […]

Serbia amends tax legislation

By Branimir Rajšić The Serbian National Assembly passed amendments to the tax laws, introducing incentives for the IT sector, tax exemptions for the transfer of property under concession agreements and tax exemptions related to income from employee share plans. Additionally, the new Law on Fees for the Usage of Public Goods Governing the Payment of Fees […]

Macedonia: Changes in tax legislation

The new Law on Personal Income Tax (“PIT Law”), applicable from 01 January 2019, abandons the “flat” tax rate and introduces progressive taxation. Besides the tax rate at 10%, the new PIT Law envisages a tax rate at 18% and 15%, applicable to different types of income. On 24 December 2018, the Assembly of the […]

Transport (Including aviation and shipping)

Drone delays – The costs for airlines

Drone related incidents involving aircraft have increased dramatically over last few years. The recent Government consultation on the use of drones reported that the number of drone-related incidents have risen from 6 in 2014 to 93 in 2017. On 19 December 2018, such an incident caused mayhem at Gatwick Airport just before the busy Christmas […]

EV charging: Opportunities for local authorities

By Stuart Urquhart It is the government’s ambition that nearly all cars and vans should be zero-emission by 2050. Given the inevitable increase in demand for reliable charging infrastructure, local authorities will be considering the structural options available (assuming there is no suitable pre-existing framework already in place). Electric vehicle charging infrastructure (EVCI) could take a number […]

Data protection: November/December 2018

By Jeanette Burgess, Andrew Northage Privacy Shield second annual review report, Brexit guidance, latest from the ICO, cybersecurity and more. US continues to ensure adequate level of protection for personal data transferred under the Privacy Shield Stop press!! The European Commission has today confirmed in its report on the second annual review of the functioning of the […]

No clear and consistent meaning of ‘highway’ in common law – Supreme Court

By Martin Thomas, Şenay Nihat, David Wigy The Supreme Court handed down judgment today in London Borough of Southwark and another v Transport for London [2018] UKSC 63 – finding that that there is no clear and consistent meaning of ‘highway’ in common law. Rather, the meaning of ‘highway’ depends on the context in which it is used, […]

Introduction of Martial law in Ukraine: Effects on businesses

By Andriy Nikiforov On 26 November 2018, the Ukrainian parliament adopted the Law that approves the Decree of the President of Ukraine on the imposition of martial law (not to be confused with a ‘state of war’) in Ukraine. The new Law, effective 28 November 2018, imposes martial law until 2 p.m. on 26 December […]

How to set the moral compass for autonomous vehicles

When we drive we are faced with a multitude of different moral decisions that affect our behaviour towards other users on the road. We all respond differently to things like emergencies or overtaking cyclists. With autonomous vehicles (AVs) beginning to emerge, we need to consider the moral decisions that we make as humans while driving […]

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