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

Contracted out leases: What are they and what happens when they end?

By David Manda Specialist Real Estate Litigator David Manda explains ‘contracted out’ or ‘non-protected’ leases of business premises. In particular, David looks at some of the issues that can arise on lease expiry and offers practical advice for landlords and tenants alike. What is a ‘contracted out’ lease? When referring to a ‘contracted out’ or […]

We are going to make Portugal a hub for international arbitration

Already considered by its investors as “the best place in the world to invest”1 , Portugal seems to have changed from the country of discoverers to the country to be discovered. Will Portugal and its arbitration community be prepared to take on this new economic dynamic? According to the most recent QMUL study on international […]

Busy lenders’ round-up – April 2019

By Deborah Sheldon The latest news and developments in retail mortgage lending and regulation. This month in summary: News Concerns over discrimination in the private rented sector Innovation in the private rental sector Housing Committee report calls for reform of leasehold in England and Wales Tax bills drive second charge lending surge Increase to FOS […]

When a child might be a child and when a child might not be a child

By Abid Mahmood Age Determination. New Case from the High Court. Age dispute case have been notoriously difficult to deal with, both for the Courts, but also for the Local Authorities and litigants involved. Before turning to the new case, it is worth remembering that in R (on the application of) S (by his litigation friend) […]

Vedanta resources PLC & another v Lungowe & others – Supreme Court rules UK correct jurisdiction to bring claim against Zambian subsidiary

By Lee P McBride, Nick Harding, Ben Stansfield In a judgment that could have far reaching effects for UK incorporated companies with foreign subsidiaries, the Supreme Court has decided that 1,826 Zambian citizens (the claimants) are entitled to bring a group action in the UK courts in respect of alleged harm to their health and farming activities arising […]

Banking and finance

Brexit and financial services

Despite all the current instability and uncertainty associated with delivering Brexit, one thing is certain. Brexit will have a significant impact on the financial services market in the European Union. This is because it is the first time a Member State has left the European Union and because of the UK’s relative weight in this […]

Debt capital markets 2019

By David Lopez, Adam E Fleisher, Julian Cardona 1. What types of debt securities offerings are typical, and how active is the market? The most common debt securities offerings in the Portuguese market consist of bonds, notes, covered bonds, commercial paper and certificates of deposit. In general, debt securities in Portugal are issued by corporates […]

Antitrust and syndicated loans

By Martin Ebner, Volker Weiss In 2017 the Directorate-General for Competition of the European Commission (DGCOMP) kicked-off a process to examine loan syndication. In an initial step, DGCOMP commissioned a study to take stock of the EU loan syndication market. The study was aimed at deepening the understanding of the syndication process and screening for […]

Bermuda’s beneficial ownership registers and privacy: status update and further observations

Bermuda companies, limited liability companies and partnerships have until 30 April 2019 to update or verify beneficial ownership information under Bermuda’s ‘beneficial ownership legislation’. Bermuda’s central register of beneficial ownership information is held on the Bermuda Monetary Authority’s (BMA) “Integra portal”, a secure online registration and filing system. Currently, under Bermuda law, the information on […]

Proper lending conduct: Mason v Godiva Mortgages

By Richard Sandford Why is this case of interest to lenders? Where borrowers get into financial difficulties and the lender/borrower relationship breaks down, it is common for disappointed borrowers to try to recoup some of their losses via a mis-selling or breach of duty claim against the lender.  The Mason v Godiva Mortgages case provides a recent, […]

Company and commercial

Licensing structure for defence manufacturing by the MCI

On 1 January 2019, the Ministry of Commerce and Industry (MCI) vide Press Note No.1 of 2019 Series (Press Note 2019) specified the list of defence items under the Industries (Development and Regulation) Act, 1951 (IDRA) and the list of arms and ammunitions requiring license under Form VII of the Arms Act, 1959 (Arms Act), […]

Shareholder rights directive II

Participation, information and transparency Directive 2007/36/EC (“First Shareholder Rights Directive”) was approved in 2007. Its aim was to guarantee minimum rights to shareholders of listed companies in the European Union. Among other changes to the then existing legislation, the First Shareholders Rights Directive included additional requirements for disclosure of preparatory information for the general meeting. […]

News – Competition law and policy 1st quarter 2019

By Ricardo Oliveira, Sara Estima Martins 1. Portuguese Competition Authority Portuguese Competition Authority presents its overall results for 2018. In its February newsletter, the Portuguese Competition Authority (PCA) reported that, in 2018, it ordered two companies to pay fines in the amount of EUR 12 million and EUR 370,000. It also carried out four dawn […]

Trade secrets in Slovenia

The new Trade Secrets Act will enter into force on 20 April, introducing further clarity to Slovenian legislation with a renewed definition of business secrets. The new Act comprehensively regulates business secrets, as it uniformly defines the concept of a business secret – which was, until now, regulated in several sector-specific acts. In the event […]

Doing business in Russia

Let us introduce you this ‘Doing Business in Russia’ publication prepared by GRATA International law firm in Moscow. The information in the brochure is based on theoretical and practical information available as of April 2019. The content of this brochure is intended for foreign businessmen and companies seeking to do business in Russia.

Significant Beneficial Ownership: MCA Releases Amended Rules

On 8 February 2019, the Ministry of Corporate Affairs (MCA) released the Companies (Significant Beneficial Owners) Amendment Rules, 2019 (New SBO Rules) to revise and amend the Companies (Significant Beneficial Owners), 2018 (Old SBO Rules). The New SBO Rules have once again kick-started the process of requiring significant beneficial owners to start the reporting procedures. […]

Competition and EU

European Commission launches new online tool – “eLeniency” making it easier for companies to cooperate in antitrust proceedings

On 19 March 2019, the European Commission (EC) launched “eLeniency”, a new online tool designed for companies to submit statements and documents, in particular under leniency and settlement proceedings. Leniency applicants and settlement parties can now provide the EC with corporate statements and documents on a dedicated secure server. Furthermore, oral statements under the leniency […]

Google hit with EUR 1.4 billion fine for abuse of dominance

On 20 March 2019, the European Commission (EC) fined Google EUR 1400 million for an alleged abused of dominance in the market for the brokering of online search adverts. Allegedly, according to the EC, Google, as an intermediary, through AdSense for Search, started by imposing exclusive supply obligations, which prevented competitors from placing any search […]

European Commission fines Nike EUR 12.5 million for restricting cross-border sales

On 25 March 2019, the European Commission (EC) fined Nike EUR 12.5 million for restricting cross-border sales of its products. According to the EC, between 2004 and 2017, Nike, as licensor, imposed the inclusion of direct and indirect measures on the contracts concluded between Nike and the licensees in order to limit them to selling […]

Geo-blocking beware: New EU rules restrict ability of businesses to use geo-blocking techniques in online sales and marketing strategies

By Dessislava Fessenko Geo-blocking is no longer a laissez-faire matter in the European Union. From December 2018, a new set of rules apply that limits the use of geo-blocking by online businesses operating in the EU. The Geo-blocking Regulation — as this set of rules is commonly referred to — introduces some following key requirements.

Czech Republic: Health products distributor fined for resale price maintenance

By Claudia Bock The Office for the Protection of Economic Competition recently fined Czech health products supplier TCM Herbs Kc853,000 (approximately €33,500) for resale price maintenance (RPM).(1) TCM Herbs distributed traditional Chinese medicine products on the Czech market. According to the office, the distributor had infringed both Czech and EU competition law by setting minimum retail […]

Swiss merger control – Quo Vadis?

By Marcel Meinhardt, Suzan Hacisalihzade After the recent merger clearances by the Swiss Competition Commission, discussions arose on the need to lower the threshold of intervention in merger proceedings. In 2017, the Swiss Competition Commission (ComCo) prohibited the merger of the leading two Swiss ticketing companies even though there would have been actual and – […]

Corporate

Cross-border transactions with related parties on the tax radar in 2019

By Branimir Rajsic The Serbian Tax Administration (the “TA”) recently issued the annual plan on tax audits for 2019 (“Plan”), published on the TA’s website. According to the Plan, the focus will be on the following: taxpayers incorporated by non-residents with significant related-party transactions, in particular control of the application of double taxation treaty provisions, taxpayers […]

Pooling resources and risk: Key considerations for retail joint ventures

By James Crayton, Gwendoline Davies To survive – even thrive – in uncertain times and in a challenging market, retailers need to be open-minded to opportunities for improving efficiency and targeting growth. One option that many high street names are choosing in the current market is the joint venture. Retail joint ventures – practical considerations […]

Settlement agreements – commonly negotiated terms

By Antonia Blackwell In this article, the third and final guide to drafting settlement agreements in our masterclass series, we focus on those extra terms which are most commonly sought by both the employer and the employee and the limitations which might be placed on them. Extra terms Our previous two articles have considered how […]

One-time ‘active’ filing – Crackdown on shelf companies continues…

On 21 February 2019, the Ministry of Corporate Affairs (MCA) notified changes to the Companies (Incorporation) Rules, 2014 introducing a one-time form filing requirement confirming the active status of companies. The form needs to be filed on or before 25 April 2019. The amendment has not yet been notified in the official gazette of India, […]

Bulgaria introduces mandatory quotas for hiring permanently disabled persons

By Nina Tsifudina, Denitsa Kuzeva On 2 April 2019 the rules for the implementation of Bulgaria’s new Persons with Disabilities Act (the “Act”) entered into force. The rules detail the obligation of employers in Bulgaria with more than 50 employees to hire a minimum number of disabled persons[1]—an obligation introduced by the Act at the […]

Permanent establishment risks arising from globally mobile employees

By Zoe Fatchen, Helen Hibbert Many businesses with cross border operations (but lacking a branch network or overseas subsidiaries in those jurisdictions) rely on their globally mobile employees to maintain relationships with their overseas customer bases. These practices may have developed over a number of years in line with the growth of the business and […]

Employment

Employment Essentials: Top 5 lessons from March 2019

By Connie Cliff, Jane Fielding Gowling WLG’s employment, labour & equalities experts bring you the latest top five employment law developments that may affect your business. Here are our five significant employment law developments you should be aware of this month – what they are and how they might impact your business Court of Appeal […]

Death benefit scheme tax reform: How to make it work for you

By  Kevin Gude, Ben Goldby A change to tax law on 6 April 2019 means that an often-overlooked statutory rule has been lifted; simplifying the tax efficiency of contributions paid to non-HMRC-registered group life assurance schemes. However, the change is not overriding. In order for sponsoring employers and trustees to make best use of it, […]

Ontario: Bill 66 becomes Law, changing overtime and union representation of some employees in construction

Since its election last year, Ontario’s conservative government has undertaken a number of revisions to the province’s labour and employment laws. The most recent revisions were announced with the tabling of Bill 66: Restoring Ontario’s Competitiveness Act (“Bill 66”), which passed 3rd Reading on April 2, 2019 and then received Royal Assent on April 3, 2019. We previously […]

The Employment Law Review 2019 – Portugal

I. INTRODUCTION The Portuguese employment law framework is generally known for its high degree of employment protection, mainly because dismissal at will is forbidden by the Portuguese Constitution and the general understanding of an employment relationship is that it is long-term. However, in practice, employees face labour market segmentation because employers, despite accepting a certain […]

Energy and environment

Law 5/19, of 18 April 2019 – Amendments to the petroleum activities law

By Joao Afonso Fialho, Joana Pacheco The recent restructuring of the legal framework of the petroleum sector and the creation of the National Agency for the Oil and Gas Sector (“ANPG”), required some amendments to the Petroleum Activities Law (Law 10/04, of 12 November 2004 – “PAL”), which were now introduced by Law 5/19, of […]

Portuguese Competition Authority issues opinions on the energy and transport sectors

On 7 February 2019, the Portuguese Competition Authority issued an opinion in the context of a public consultation of the Plan for the Development and Investment in Natural Gas’ Distribution System for the period 2019-2023. This opinion warned about the existence of information discrepancies that benefit the distribution system operators. It also conveyed the importance […]

Brexatom: preparing the UK nuclear industry for a post-Brexit world

By Emma J Clarke, Maxine Symington We have previously reported on what Brexit, and in particular what the departure of the UK from the European Atomic Energy Community (“Euratom”) may mean for the British nuclear sector. In this Insight we consider the progress that has been made since it was acknowledged that Brexit would also lead to […]

Yours to discover? New paths forward for renewables in Ontario

Since its election victory in June of 2018, Ontario’s Progressive Conservative government has been rapidly dismantling the energy policies of the previous Liberal government, taking particular aim at renewable energy project procurement programs. But, as the curtains were closing on Ontario’s ten year old Green Energy Act framework, renewable markets in other Canadian jurisdictions have advanced […]

Kinstellar Energy & Natural Resources Digest Ukraine, March 2019 in Review

By Olena Kuchynska, Viktoriia Pysmenna April 2019 – Kinstellar Energy & Natural Resources Digest Ukraine, March 2019 in Review OIL & GAS: Third International Licencing Round to take place on 18 June 2019 On 18 March 2019, Ukraine’s State Service of Geology and Mineral Resources (the Derzhgeonadra) announced plans to hold the Third International Licensing […]

Funds

Guernsey’s new substance requirements – application to the funds industry

Like other offshore jurisdictions, Guernsey has implemented legislative economic substance requirements, which came into force on 1 January 2019, to meet a commitment to address concerns raised by the EU Code of Conduct Group on Business Taxation that Guernsey’s corporate tax system could facilitate offshore structures aimed at attracting profits which do not reflect real […]

Further liberalization of capital flows and investment opportunities abroad

By signing the Stabilization and Association Agreement with the European Communities and their Member States (“SAA”), the Republic of North Macedonia committed itself to the free movement of capital, one of the basic principles upon which the European Single Market is based. This principle implies phase liberalization of capital flows. The transition into the second […]

Deployment of excess cash – substantial issuer bids in Canada

By Andre G. Poles, Kathleen M. Ritchie As a result of ongoing consolidations in a number of industries where issuers are selling off assets or as a result of successful operations, some issuers are facing the challenge of having excess cash sitting on their balance sheets with no reasonably priced alternatives for deployment. In those circumstances, […]

European Commission issues statement of objections against eight banks for collusion in the market for European government bonds

On 31 January 2019, the European Commission (EC) issued Statement of Objections against eight banks for allegedly participating in a collusive scheme that distorted competition in the market for European Government bonds issued by the Eurozone central banks. According to the EC, between 2007 and 2012, these banks exchanged commercially sensitive information and coordinated trading […]

Securities regulators release framework for crypto asset trading platforms: Comment deadline approaching

By Lorraine Mastersmith, Shaela W. Rae Canadian securities regulators have released for comment a consultation paper on a proposed framework for the regulation of crypto asset trading platforms. In developing the framework they engaged with and considered the approaches taken by securities regulators in other jurisdictions around the world. As a follow-up to previously published guidance[1], […]

Switzerland: Lending & secured finance

By Theodor Härtsch, Tervel Stoyanov 1. Do foreign lenders require a licence/regulatory approval to lend into your jurisdiction or take the benefit of security over assets located in your jurisdiction? Except in the area of consumer credit (subject to the Swiss Consumer Credit Act (SCCA) (Bundesgesetz über den Konsumkredit, KKG), lending activities are generally unregulated […]

Insolvency and restructuring

When directors enter the zone of insolvency – the rules in Guernsey

Not for a long time has the importance of understanding and managing a director’s duties in times of financial distress been so overwhelming. Here, Carey Olsen partner David Jones and associate Tim Molton examine those duties in greater detail, particularly in relation to Guernsey’s company law. 2018 saw a number of high-profile insolven­cies around the […]

India: Supreme Court upholds NCLAT insolvency judgement ruling

On 11 February 2019, the Supreme Court dismissed the Civil Appeal bearing No. 1484 of 2019 filed by Rai Bahadur Shree Ram and Company Pvt. Ltd. (the shareholder and promoter of Ferro Alloys Corporation Limited) and affirmed the landmark judgment passed by the National Company Law Appellate Tribunal (NCLAT) in the matter of Ferro Alloys […]

Company voluntary arrangements

By Luke Cockerton A Company Voluntary Arrangement (CVA) is one of the Insolvency sectors buzzwords at the moment following on from the notable cases in 2018; House of Fraser and New Look. This year has already seen a number of CVA’s proposed by large retailers such as Paperchase and Giraffe restaurants, but why are these […]

When directors enter the zone of insolvency – the rules in Guernsey

Not for a long time has the importance of understanding and managing a director’s duties in times of financial distress been so overwhelming. Here, Carey Olsen partner David Jones and associate Tim Molton examine those duties in greater detail, particularly in relation to Guernsey’s company law. 2018 saw a number of high-profile insolven­cies around the […]

I am on the brink of bankruptcy, what can I do?

The Insolvency Act of 1986 (amended by the Insolvency Act 2000 and the Enterprise Act 2002) introduced a new procedure whereby a debtor could come to an arrangement with their creditors to pay their debts in full or in part, over time as an alternative to bankruptcy. This type of arrangement is known as an […]

Insurance

Austria: New unified cancellation right for insurance contracts brings legal certainty

By Peter Konwitschka, Johanna Bauer Pursuant to Article 186 of the EU Solvency II Directive (2009/138/EC), EU member states must grant life insurance policyholders a 14 to 30-day period to cancel their contract from the time when the policyholders were informed that the contract was concluded. Background Until 2018, Austria had up to five different […]

What do insurance clients want most from coverage counsel?

Three insurance industry professionals — each of whom works regularly with coverage counsel — discuss what they look for in coverage counsel and what will keep them coming back to do business with them in the future. Key Takeaway Insurance companies are running a business. They want coverage counsel who recognize the broader business context […]

Living but not working in the Cayman Islands

This briefing considers the requirements for foreign nationals (meaning non-Caymanians and persons who are not married to a Caymanian) not wishing to work in the Cayman Islands but to reside there. For those considering such a move, there are various options open to them to make their relocation a reality…

Insurers: heightened risk of non-party costs orders

By Samantha Holland, Emma Carr, Cathy Moore In Various Claimants v Giambrone & Law (a firm) and others [2019], a non-party costs order has been made against insurers, even though those insurers had largely ceded control over the defence to certain insureds. We review the Court’s approach to the exercise of its discretion under s51 of the Senior […]

New legal regime for the distribution of insurance and reinsurance

Law 7/2019 was published on 16 January 2019 to implement Directive (EU) 2016/97 of the European Parliament and of the Council of 20 January 2016 on the distribution of insurance (the Insurance Distribution Directive or «IDD») The main objective of the IDD is to harmonise national rules on insurance distribution in order to protect consumers. Insurance products are distributed […]

Bermuda public companies update – January 2019

By Graham B.R. Collis, David W.P. Cooke, Marcello Ausenda, Niel L. Jones The Bermuda Public Companies Update which features a recap of significant transactions involving Bermuda public companies listed on the NYSE and Nasdaq for the period of H2 2018. US IPO MARKET HITS 4-YEAR HIGH, DESPITE Q4 SLUMP Despite volatility, especially in Q4, the major US […]

Intellectual Property

Law to improve accessibility to marketing authorisations for drugs could have some nasty side-effects

By Ksenia Paramonova Precis: The Russian Ministry of Health has introduced a draft bill that clarifies the application process for marketing authorisations for a drug. There is concern that the new accessibility could lead to infringement when authorisation is sought for generic drugs. However, a proposed unified registry could prevent this. In October 2018 the Russian […]

Update on the promotion of cannabis on social media

By Emilie Feil-Fraser Almost six months after our first article on the Promotion of Cannabis on Social Media was originally published, federal licence holders have now received further guidance from Health Canada regarding the regulatory prohibitions on the promotion of cannabis, cannabis accessories, and cannabis-related services in an online context. On March 8, 2019, federal […]

Intellectual property enforcement guidelines: Settlements of proceedings under the pm(noc) regulations

By Marc Richard, Cole Meagher The Competition Bureau (the “Bureau”) is an independent law enforcement agency, that ensures Canadian businesses and consumers operate in a competitive and innovative market place. On March 13, 2019 the Bureau introduced its new Intellectual Property Enforcement Guidelines (“IPEGs”). The IPEGs seek to increase transparency regarding the Bureau’s application of […]

Competition bureau releases 2019 intellectual property enforcement guidelines

By Cole Meagher, William S. Foster As an independent federal law enforcement agency, the Competition Bureau (the “Bureau”) seeks to ensure that Canadian business and consumers prosper in a competitive and innovative marketplace. Keeping with its mandate, the Bureau released its updated Intellectual Property Enforcement Guidelines (“IPEGs”) on March 13, 2019. The IPEGs articulate how […]

Countdown to Canada’s new trademarks act: Take action

With the June 17 “coming into force” date of the new Canadian Trademarks Act fast approaching, there are opportunities you can be taking advantage of NOW. Below, we highlight some practical tips and considerations to help you maximize the opportunities and prepare for the new realities.

Small changes that make a big difference – the recent amendments to Polish IP law

By Natalia Tokarz With a slight lag of two months, on 11 March, the Polish President signed the bill amending Intellectual Property Law (“IP Law“) which is scheduled to enter into force one day following its publication. The broad changes were brought about by the implementation of the EU Trademark Directive 2015/2436 ((EU) Directive 2015/2436 of […]

Pharmaceuticals and healthcare

Reducing stress on relationship breakdown

By Caroline Watson April is Stress Awareness month, co-incidentally happening just as divorce laws in England and Wales are to be overhauled to enable a couple to end their marriage more easily and put an end to fault-based petitions. It is hoped these changes will mean less acrimony and an end to the ‘blame game’. […]

Bulgarian Courts and the deepest recesses of marketing

By Elena Todorova Some local interpretations of the concepts of clean labelling and claims related to children’s development and health This article aims to examine the arguments of the Bulgarian courts pronounced in the judgments of two court instances on a single administrative court case. The arguments demonstrate the perception of the Bulgarian courts on some […]

Cannabidiols in Austria

By Michaela Pohl, Andreas Natterer Hypes come and go. What Bitcoin was for the financial sector in 2017 is currently cannabidiol, or “CBD” short, for the food industry. But how is the substance to be legally classified? The following article is intended to provide clarification.

Pharmaceutical advertising

By Andreas Wildi, Celine Weber 1. Regulatory Framework 1. 1 Laws and Self-regulatory Codes Advertising on medicines in Switzerland is mainly governed by the Federal Act on Medicinal Products and Medical Devices (HMG) and the Ordinance on Advertising of Medicinal Products (AWV), which has just been revised (the amended provisions came into force on 1 […]

Generic challenge stands up as dosing patent flops

By Lisa Page and Victoria Bentley In a UK Supreme Court judgment, ICOS Corporation and Eli Lilly’s patent for a dosing regime for tadalafil, a second in class erectile dysfunction drug, was found to lack inventiveness. The first medical use patent and SPC for tadalafil has expired and manufacturers were preparing to launch generic versions […]

Private Client

Foundation trusts set for introduction in Hungary

By Gabor Gelencser April 2019 – The Hungarian Parliament passed the Act on Foundation Trusts on 5 March 2019. This legal concept has had a long and successful history in German-speaking countries. The main purpose of lawmakers in introducing this concept is to provide a legal framework – in addition to the already operating trusts – […]

Living but not working in the Cayman Islands

This briefing considers the requirements for foreign nationals (meaning non-Caymanians and persons who are not married to a Caymanian) not wishing to work in the Cayman Islands but to reside there. For those considering such a move, there are various options open to them to make their relocation a reality…

“Delawyering” Inquests – Do as I say, not as I do

What does the Government’s ‘Final Report: Review of Legal Aid for Inquests’ mean for Advocates? This report was published in February 2019. The section entitled ‘Making sure inquests remain inquisitorial’ at paragraphs 184 – 202 is particularly worth reading. The estimated cost of providing representation for families at inquests where the state is represented (a recommendation under review) […]

Self-help or self-harm? Changes regarding Hildebrand rules

By Faye Paterson Parties going through a divorce are under a duty to provide full, frank, clear and verifiable disclosure of their financial positions. Evidence has to be exchanged and must be supported by documents such as wage slips, bank statements, valuations for any property, mortgage statements and business accounts. In the past, when one […]

Trust essentials – February 2019

Winning Chinese Clients’ Trust What makes a successful private client adviser in 2019? Technical expertise is essential, but as important is being able to use knowledge of the rapidly changing global picture to meet the specific needs and cultural expectations of clients. Our lead editorial this month from Senior Associate Wisdom Hon and Partner Marcus Leese exemplifies this approach, examining […]

Guernsey and China – the Island’s appeal, the risks, and HNWI trends

By Marcus Leese In this short Q&A piece he looks at the links between Guernsey and China, trends in client profiles and motivations, and the reasons behind Guernsey’s success. Is it time for Guernsey to refocus its attention on China? If so, why and why now?  No.  There’s no need to refocus on China because in […]

Public sector and local authority

The Planning Post: They’re here! NPPF 2019 and updated PPG land

By David Martin On 19th February 2019 the Government published its updates to the revised National Planning Policy Framework (“NPPF”) for England, giving us NPPF 2019. The revised NPPF (or NPPF 2018) replaced the initial NPPF (NPPF 2012), which was published on 27th March 2012. This followed the Government’s Technical consultation on updates to national […]

Spotlight on Uzbekistan: Kinstellar’s regular look at the Uzbek market

By Joel Benjamin, Muborak Kambarova April 2019 – Kinstellar’s regular look at the Uzbek market Creation of the public-private partnership development agency In accordance with the Presidential Resolution No. PP-3980, a Public-Private Partnership Agency has been created under the Ministry of Finance. The Agency is a specialized body for coordination and development of Public-Private Partnerships. One […]

The GFSC’s revised handbook on countering financial crime and terrorist financing

By Marcus Leese, Alex Horsbrugh- Porter Ever since its creation in 1987 the Guernsey Financial Services Commission (GFSC) has been part of the advance guard in the offshore world in developing financial regulation to prevent money-laundering and terrorism.  Its determination to raise and maintain standards has been been responsible, in large part, for the reputation […]

Spotlight on Uzbekistan: Kinstellar’s regular look at the Uzbek market

Kinstellar’s regular look at the Uzbek market The tax reform came into force from 1 January 2019. There have been significant changes to the tax system in Uzbekistan. 1. Unified Tax Payment Before recent reforms, the criteria for payment of a unified tax payment was the number of employees and the carrying out of particular forms […]

Ontario government announces plans for centralized procurement

On March 18, 2019, the Ontario Treasury Board announced a plan to centralize the province’s public sector procurement and create a more efficient delivery process for goods and services. The province expects the initiative will generate savings of $1 billion annually. The new system will apply to Ontario ministries, provincial agencies, as well as broader public sector […]

Real Estate and Infrastructure

High Court refuses to remove charge despite mortgage fraud and void transfer

By Kate Hicks, Calum Davies Why is this case important? In the recent case of Dhillon v Barclays Bank PLC [1], the High Court considered ‘exceptional circumstances’ which may justify a court not making an order for alteration of HM Land Register despite a transfer being void for fraud. Facts and fraud The claimant, Ms Dhillon, lived at 47 Moresby Road, London […]

An end to ‘no-fault’ evictions of residential tenants

By David Perry, Peter Williams The government has announced proposals to stop landlords ending residential tenancies on a no-fault basis. The government announced on Monday in a press release – with no warning – that it is proposing to end the practice of residential landlords ending assured shorthold tenancies (ASTs) in England on a no […]

Real estate agents, brokers and developers – Mandatory registration with the department of commerce and investment

By James Bergstrom, Cline Glidden Mandatory registration Real estate agent & brokers, property developers and certain other Designated Non-Financial Businesses and Professions (DNFBPs) must register their businesses with the Department of Commerce and Investment (DCI) by close of business on Wednesday, 29th May 2019.  The DCI has issued a 9-page prescribed form for this purpose. The […]

Government’s rent reforms will punish private and institutional landlords

By Paul Henson The Government has today announced radical reforms of the private rental market that will create open-ended tenancies and restrict a landlord’s ability to remove tenants. The reforms to so-called ‘no fault’ notices served under section 21 of the 1988 Housing Act, together with recent changes to the tax position on buy to […]

Market Matters – Spring 2019

By Rachel Elgar The Bank of England’s inflation report for February 2019 noted that activity in the housing market has been subdued. UK house prices grew by 1.7% in the year to January 2019, down from 2.2% in the year to December 2018 according to the UK Government House Price Index. This is the lowest annual growth […]

Yet further complexity to be added to stamp duty rules for residential property?

By Dan Kennedy, Kate Garcia HM Treasury has recently published a consultation document in relation to a proposed 1% Stamp Duty Land Tax (SDLT) surcharge for non-UK residents purchasing residential property in England & Northern Ireland. The stated aim of the surcharge is to help more UK citizens into home ownership, but is this a […]

Technology, Media and Telecommunications

Passenger data – should Airlines be worried?

By Marilia Frias, Carolina Moniz Marília Frias, senior associate of the Information, Communication & Technology practice, writes an article dedicated to passenger data protection for air carriers in Portugal for the March/April edition of the Legal Business magazine. In this article, focused in the new PNR Law (PNR – passenger name record ), the lawyer […]

Liking, sharing and posting: Legal responsibility and social media

By Michael Lindtner Social Media is omnipresent these days and individuals as well as companies increasingly use these instruments as communication and marketing tools. Moreover, the development of Social Media platforms, like interactive online rating and comparison platforms, is also of interest for the start-up sector. However, this increasing importance of Social Media also raises […]

Direct marketing and consent FAQs | GDPR periscope series

By Emma Erskine-Fox, Brian Craig Direct marketing questions continue to befuddle marketers and data practitioners alike. Whilst marketing success and GDPR compliance are not mutually exclusive, the interplay between different pieces of legislation can make this a confusing area. A year after marketing consents were refreshed, below we answer four of our most commonly-received marketing […]

A guide to Guernsey’s new ILS hybrid vehicle

Carey Olsen Partner Christopher Anderson, with the support of the Guernsey Financial Services Commission (GFSC), has created the world’s first hybrid vehicle for Insurance Linked Securities (ILS) fund managers. This briefing looks at the direct implications of this hybrid vehicle for the following areas: ILS fund managers Investor groups Regulation

Technology-assisted review models and investigative features explained

With the dramatic growth of digital information, corporations and legal teams need new tools to reduce cost and risk. One area that is a key focus is document review, which is often the most important part of an eDiscovery project, and the most costly. For large-volume cases, document review can account for approximately 73% of […]

Federal privacy commissioner proposes a complete reversal of its longstanding approach to data transfers, including cross-border transfers

By Christopher Oates, Anastasia Semenova, Wendy J. Wagner On April 9, 2019, Canada’s Office of the Privacy Commissioner of Canada (OPC) announced fundamental changes to its long established position on cross-border data flows under the Personal Information Protection and Electronic Documents Act (PIPEDA). A public consultation is open until June 4, 2019. New prior consent requirement for data transfers The OCP’s longstanding […]

Tax

Invoices and other tax relevant documents: New Rules

By Conceicao Gamito, Ana Raquel Costa, Joana Branco Pires, Rita Simao Luis Decree-Law No. 28/2019, of February 15 (“DL 28/2019”), consolidates, updates and harmonizes obligations for the processing, issuance, notification, archive and conservation of invoices and other tax relevant documents under Portuguese law. The measures introduced by the DL 28/2019 have three distinct purposes: the […]

Cayman Islands AEOI portal reporting deadlines and revised documentation

By Maree Martin, Craig T. Fulton, Jarladth Travers, Delia McMahon The statutory deadline for filing CRS and US FATCA reports for the 2018 year of account was 31 May 2018. Notwithstanding this statutory deadline, the Department for International Tax Cooperation (the “DITC”) has issued an industry advisory confirming that completion of 2018 CRS and US […]

European Commission opens investigation into Netherlands’ tax treatment of Nike

On 10 January 2019, the European Commission (EC) opened an in-depth investigation into five rulings of the Dutch Tax Authority issued between 2006 and 2015 regarding the calculation method used by Nike to determine the royalties paid by two group companies located in the Netherlands. The case concerns an alleged more favourable tax treatment linked […]

European Commission decides to open a Phase II investigation and invite comments from interested third parties in the tax exemptions in the Madeira Free Zone

On 15 March 2019, the European Commission (EC) published the notification previously issued to Portugal regarding Madeira Free Zone, giving interested third parties the opportunity to submit comments within a month of that publication. On 6 July 2018, the EC had decided to open an in-depth investigation (Phase II) into tax exemptions for companies established […]

Being born a royal is hard enough – try being a US taxpayer too

By Aidan Grant Harry, Meghan and their child will find themselves in a position familiar to any US taxpayers living outside the US. The potential liability to both US and UK tax is one which can become complicated quickly, however there are solutions that can help clients avoid taxation in both jurisdictions (even if it […]

Landlords begin to feel the effect of higher tax bills

By Karl Anders, Zoe McLean-Wells, Owen Ormond A housing crisis could be on the horizon, as thousands of buy-to-let landlords face going out of business in 2019, when tax rises, introduced by the former chancellor, George Osborne, start to bite, according to Doncaster-based Touchstone Education which runs courses in property investment. Some of the UK’s […]

Transport (Including aviation and shipping)

Ministry of Transport and Logistics Notice No. 1426, of 10 April 2019

By Jose Miguel Oliveira, Miguel Soares Branco Gabon launches its own International Ship Registry The Minister of Transport and Logistics of Gabon has recently issued a notice informing the official launching of its International Ship Registry, a joint venture between the State of Gabon and Emirati Group Inter Shipping LLCC. The opening ceremony will formally […]

Preliminary report from Ethiopian investigators into the Ethiopian Airlines flight ET302 accident – more questions than answers?

By Simon De Broise Ethiopian investigators released a statement this morning providing details of their preliminary findings into the crash of the Ethiopian Airlines flight ET302, which crashed shortly after take-off from Addis Ababa. The accident involved Boeing’s new B737 Max 8 aircraft type, which suffered another loss, in similar circumstances, last October when Lion […]

Austria: Electric vehicles exempt from emissions-reducing speed limits

By Christoph Jirak, Sandra Kasper The transport sector is especially important for reducing worldwide greenhouse gas emissions and air pollutants. This is also the case in Austria. According to the federal minister for sustainability and tourism, “strengthening e-mobility is an essential instrument for achieving these goals”.1 As such, e-mobility is a core element of the Austrian climate […]

Financing electric vehicles: more of the same or some new issues?

By Russell Kelsall There has been impressive growth in electric vehicles over the last few years. More consumers are demanding either electric or hybrid vehicles and manufacturers are responding by releasing more models. The sector looking at financing the acquisition of electric vehicles is also growing. But what kinds of legal issues should motor finance providers consider […]

FCA warns lenders and brokers that change is needed in the motor finance market

By Ian Mason, Sushil Kuner, Anurag (Ragi) Singh In its 2017/18 business plan, the Financial Conduct Authority (FCA) made a commitment to review the motor finance market, largely due to it being the third largest lending sector in the UK worth £64bn. Its aim was to understand the use of motor finance products, assess sales practices […]

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