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

Labour and employment disputes review

The way in which a labour and employment dispute is resolved in Switzerland depends essentially on whether (1) the employment relationship is governed by private law or public law, and (2) the dispute arises from an individual employment relationship (individual dispute) or from a collective labour agreement between employers or employer organisations and trade unions […]

BVI Norwich Pharmacal relief: an international problem resolved

By Nicholas Burkill The BVI Commercial Court has just delivered a judgment that answers the question raised in the BVI as a result of two English decisions questioning the availability of Norwich Pharmacal relief for the purposes of overseas proceedings. In the first written judgment on the issue delivered on 10 March 2020, Wallbank J […]

Execution of deeds by physically absent signatories

Why is Bioconstruct v Winspear of interest? Transactions and legal documents are often completed in the absence of authorised signatories, with pre-signed pages sometimes still being affixed to facilitate completion where parties and signatories are not all in the same room.  In some cases, the documents in question may have been altered or amended in […]

International

Amendment On The Directive Regarding Authorised Institutions For Ships

Provisional Article 3 of The Directive Regarding Authorised Institutions for Ships which was published in Official Gazette with 29952 numbered and January 18th,2017 dated, has been amended through a new amending directive published in Official Gazette with 31078 numbered and March 24th,2020 dated, as follows;

Keep your teams connected when working remote

Today’s legal teams are facing unprecedented challenges. As the world works to figure out how to keep businesses running, many law firms are moving to remote work for most employees. Learn how cloud collaboration platforms can help your firm stay connected and keep work moving forward no matter where your employees are. Download the eBook […]

Asynchronous communication in remote work and why it matters

Reading Time: 5 minutes Remote working has really caught on in the past 5 years, and for a number of reasons (from huge tech improvements, to global health crises) is growing in popularity. But while some people are already familiar with what it takes to work from home effectively, others are only just having to […]

Coronavirus: Managing the risk of breach of contract

The rapid spread of COVID-19 (Coronavirus) throughout the world and the impact of administrative measures to contain it represent a growing challenge for the management of companies. The main focus is now to guarantee the safety of workers and employees. However, the potential repercussions for the activities of companies – in the short and medium […]

ARTICLES COVID-19: Directors Need To Avoid Getting Caught Flat-Footed

March 2020 – Ben HobdenRóisín – Liddy-Murphy This article serves as a reminder to directors of their common law duties. In particular when a company is nearing or in the zone of insolvency, directors are reminded to be mindful of their actions during this period, specifically to consider that when a company is nearing insolvency, […]

Tools and innovative solutions for increasing access to international arbitration

Parties have been concerned for some time about the length and cost of arbitration, and how these issues can be effectively controlled. This article considers the factors affecting accessibility, how arbitral institutions can help, and how the parties can help themselves; different available tools and innovative solutions that can be deployed to tailor and streamline […]

Banking and finance

Banking sector measures responding to the coronavirus crisis

As the novel coronavirus (COVID-19) outbreak continues to evolve, Cyprus authorities adopted different measures in order to prevent the spread of the coronavirus (COVID-19) and to strengthen the economy. The measures affected, among others banking and other institutions active in the banking sector.

Consumer and retail finance: Coronavirus and FCA expectations

The Financial Conduct Authority (FCA) says that it stands ready to take any steps necessary to ensure customers are protected and markets continue to function well. It has published a range of information for firms dealing with the fallout from the coronavirus crisis. See the main webpage for links to additional resources, including FCA information […]

Capital markets update – April 2020

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 regulatory developments within the equity capital markets and looking ahead to future developments.

Serbia: Mandatory moratorium on repayment obligations to banks and lessors

In response to the COVID-19 pandemic and the state of emergency introduced in Serbia on 15 March 2020, the National Bank of Serbia (“NBS”) adopted on 17 March 2020 two decisions aimed at protecting Serbia’s financial system: the Decision on Temporary Measures for Protection of the Stability of the Financial System (“Decision on Temporary Measures […]

[Video] Insight into Jersey, an international finance centre

Ever wondered about the historic links between Jersey and New Jersey? And why Jersey is attracting US fund managers? You can learn about this and more, including the advantages of using Jersey as a gateway to Europe, in this new video. As a forward-thinking jurisdiction, Jersey remains committed to supporting high-quality global investment flows. We […]

Implementing forbearance measures for those impacted by the coronavirus

The Financial Services industry has been quick to respond to the struggles facing individuals and businesses during the current coronavirus pandemic, but there are issues they need to consider when implementing their forbearance measures. As announced by the Chancellor of the Exchequer this week, it’s great that the financial services industry has reacted quickly and […]

Government of Jersey provides much-needed support to island businesses

The Government of Jersey has introduced a series of measures to help provide much-needed support to Island businesses during this challenging period. These include: £50 million in a new Jersey Disruption Loan Guarantee Scheme, to provide Government guaranteed bank lending and overdrafts to businesses; A Special Situations Fund to support larger businesses; Consideration to be […]

Company and commercial

COVID-19: impact on commercial contracts

In light of the escalating status of the COVID-19 as a pandemic and the UK moving into the delay phase of disease control, a number of businesses are looking for more guidance around what they should be doing to manage their contracts. As a follow on from our previous update, more and more businesses are […]

Lobbying in the UK – what you need to know

Increasingly, companies are coming to understand the value of investing time in helping to shape and influence the laws and regulations to which they are subject, particularly while regulatory frameworks are still in the development stage.

Coronavirus (COVID-19) Latest News and Updates from Jersey

The outbreak of the COVID-19 coronavirus is a human tragedy affecting hundreds of thousands around the globe. Aside from the devastating effects on human health, the coronavirus is having a significant impact on the global economy, disrupting the way we live and work. This page contains links to the latest news and updates on the […]

Contracts and coronavirus (4/5)

The COVID-19 pandemic will likely continue for some time. To help your business adjust to these uncertain times, each day this week we are posting on what to keep in mind concerning your business’s commercial contracts.

Uzbekistan establishes new procedure for construction of external advertising

The Cabinet of Ministers of the Republic of Uzbekistan has approved the regulation “On the Procedure for the Construction of External Advertising Facilities (Constructions)”, which will enter into force on March 21, 2020 (the “Regulation”). This Regulation is the primary regulatory instrument in the sphere of placing external advertising facilities, which established the requirements for […]

Intellectual Property

Covid-19: Update from the Canadian IP office

Amid the spread of COVID-19 and social distancing, the Canadian Intellectual Property Office (CIPO) has advised of the precautionary measures they are taking. The key takeaways from CIPO are:…

Swiss Institute of IP suspends most deadlines until 20 April 2020

Based on the decision of the Federal Council to extend court holidays in civil and administrative proceedings, the Swiss Institute of Intellectual Property has announced to suspend most of the deadlines with an end date between 21 March 2020 and 19 April 2020 (statutory deadlines and deadlines set by the Institute, including payment deadlines). In […]

Coexistence agreements for trademarks

Coexistence agreements can be an easier and cheaper solution to disputes over trademark similarity between parties rather than litigation under appropriate circumstances. When registering a trademark, one of the essential rules is not to choose a trademark that is confusingly similar to a prior existing trademark. However, in the world of business and commerce, it […]

The Trademarks Law Review (Portugal)

By António Andrade, Sara Nazaré, João Carlos Assunção I OVERVIEW Ownership of a Portuguese trademark is acquired by registration with the National Institute of Industrial Property (INPI). The trademark owner has specific means to contest the infringement of its rights: he or she can obtain injunctions (preliminary or on the merits, or both) and other […]

Serbia introduces opposition system: A major leap towards more harmonised trademark law

By Zoran Šoljaga, Andrea Radonjanin After much rescheduling and protraction, the long-awaited new Trademark Act was finally adopted on 24 January 2020 and came into force a week later. The new law introduces a number of fundamental changes, eliminating certain shortcomings of the previous law, allowing for more efficient protection and further harmonisation of Serbia’s […]

Canadian patent law: 2019 year in review

By Michael Crichton, Alex Gloor, Charlotte Dong There were various developments in Canadian patent law in 2019. 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, the Patent Rules were the subject of significant amendments that will impact both […]

So much more than a container: Protection of packaging as a trademark in Russia

By Maria Stadnik An effective way to fight counterfeit goods is by extending existing IP protection to a product’s packaging. In such instances, ‘packaging’ no longer refers to a container that safeguards products from damage and facilitates transportation, storage and sales – it is a crucial identifier of a product’s authenticity, a unique means to […]

Competition and EU

First Standard Contractual Clauses for Contracts between Controllers and Processors

The European Data Protection Board (the EDPB) has been actively cooperating with the National Supervisory Authorities in an effort to implement a more harmonized approach regarding standard contractual clauses (SCCs) for contracts between controllers and processors used internationally. The Legal Framework The SCCs are used when the data controller or data processor transfers personal data to […]

CEE: EU & Competition Monthly Bulletin – March 2020

Stay informed about the latest developments in competition law in Central and Eastern Europe with Schoenherr’s multi-jurisdictional newsletter. Each issue offers insight into developments in merger control, anti-trust, as well as public and private enforcement in the region.

The impact of COVID-19

This overview of the impact of the coronavirus on submissions, deadlines and meetings with competition authorities in CEE will be regularly updated.

Export bans for medicinal products

By Iliyana Sirakova On 1 April 2020, the Ordinance on Ensuring the Supply of Medicinal Products (Verordnung über die Sicherstellung der Arzneimittelversorgung, “AMVS-VO” or the “Ordinance”) will enter into force. Although COVID-19 was not the reason for issuing the Ordinance, the effects of the coronavirus pandemic could quickly become the first major case of application […]

Covid-19, Brexit and borders…what does it mean for the UK?

By Becket Bedford As countries start closing their borders under the escalating threat of Covid-19 what rights does the UK have and what about UK citizens in Europe? Leading immigration and human rights barrister Becket Bedford of No5 Barristers’ Chambers offers his expert analysis: The UK, like every member state, is free to test new […]

CEE: EU & Competition Monthly Bulletin – March 2020

By Christoph Haid Main takeaways Merger control: New merger control guidelines in Bulgaria (filing form) and Hungary (jurisdictional notice) Hungary is again scrutinising a merger control filing for alleged incorrect information – possible fine, withdrawal of clearance and new review looming Antitrust: The Romanian authority continues to be very active in antitrust enforcement Several bid-rigging […]

Bermuda tables immigration changes for mixed-status families

The Government of Bermuda tabled in the House today a Bill which would amend the Bermuda Immigration and Protection Act 1956 to address certain issues facing ‘mixed-status’ families, where family members of persons who possess Bermudian status or a permanent residency certificate (PRC) are unable to remain in Bermuda because they cannot acquire either Bermudian […]

Corporate

Navoi Mining and Metallurgical Combine is being reorganised in Uzbekistan

In accordance with the Decree of the President of the Republic of Uzbekistan No. 4629 dated March 6, 2020 “On the Measures of Reorganization of the state enterprise Navoi Mining and Metallurgical Combine” (the “Decree”) Navoi Mining and Metallurgical Combine (the “NGMK”) has been reorganized and renamed as “Navoiuran” state enterprise, an enterprise for the […]

Court offers guidance on legal framework applying to anticipatory declarations (An NHS Foundation Trust and another v R)

Private Client analysis: The judgment considers the correct legal framework to apply where a person before the Court of Protection has capacity to make decisions regarding their medical treatment but could lose that capacity under certain circumstances. Rhys Hadden examines the case. An NHS Foundation Trust and another v R [2020] EWCOP 4, [2020] All ER […]

Slovakia: Overview of current extraordinary measures related to COVID-19

 It may be challenging for non-Slovak speakers to understand what the “state of emergency” declared by the Slovak government means, in particular if you are still required to manage your business and/or employees in Slovakia, while having to deal with new challenges that pop-up every day. In an effort to help ensure you have all […]

An update on the recovery of Foreign Lawyers’ fees in the BVI

For many years, the entitlement of litigants with disputes before the Eastern Caribbean Supreme Court (the BVI Court) to recover the costs incurred by their overseas lawyers was governed by the common law principle that those fees were recoverable if they were necessarily and reasonably incurred and claimed as a disbursement on the bill of the […]

Bulgaria: Are employers immune to the state of emergency? Which employers are entitled to receive financial aid and other key labour law and data protection matters

What can or must employers do under the new Act on measures and actions during the emergency state and what opportunities does it provide? As everyone in Bulgaria has felt on a number of levels, the country has been in a state of emergency as of 13 March 2020, declared by a decision of the […]

In-house

Croatia: Temporary measures to mitigate the consequences of the COVID-19 pandemic and Zagreb earthquake in civil, insolvency and criminal procedure law

On 14 March 2020, the Croatian Ministry of Justice issued recommendations to prevent the transmission of the novel coronavirus (COVID-19) and control the pandemic (“Measures“). The Measures are applicable until 1 April 2020. The Measures advise temporary adjustments to legal requirements in civil, insolvency and criminal procedure law to avoid hardship that would otherwise arise as a result of […]

Morrisons Decision: ‘Goliath’ beats 9,000 ‘Davids’ to avoid crippling data breach compensation claim

MORRISONS DECISION: ‘GOLIATH’ BEATS 9,000 ‘DAVIDS’ TO AVOID CRIPPLING DATA BREACH COMPENSATION CLAIM On 1 April 2020, the Supreme Court handed down judgment1 in an eagerly awaited appeal by Morrisons Supermarket, ruling that it was not liable for the criminal acts of a rogue employee. The court’s unanimous decision will have data controllers everywhere breathing […]

What happens if the employee does not consent to short-time work?

Short-time work compensation is a crucial component of the governmental Covid-19 rescue package for the Swiss economy. Nevertheless, the requirement of obtaining the employees’ consent to short-time work remains central in several aspects.

Construction sites in times of the corona crisis – Austria

No entry ban on construction sites as a permanent establishment Regulation BGBl II 96/2020, issued by the Minister of Health on the basis of the COVID-19 Measures Act, contains a ban on entry only for customer areas of business premises and service companies. However, construction work is production work (building contracts) and neither trade nor […]

Romania: Days off for parents caring for children due to school closures

Law no. 19/2020 on granting days off to parents for monitoring their children in case of the temporary closure of schools (“Law no. 19/2020”) provides that one of the parents is entitled to days off from work in the event that schools are closed due to: a) unfavourable meteorological conditions or b) other extreme situations, […]

Employment

Czech Republic: Obstacles to work on the part of the employer in connection with the coronavirus

Many employers currently find themselves in a precarious position, faced with deciding how to deal with the obstacles to work arising from the coronavirus crisis, irrespective of whether these obstacles are the result of government measures (total or partial restrictions on operations) or due to real operational reasons (difficulties in the supply of materials for […]

Even in a state of emergency human rights must be respected!

(Doctors love their children too) The prosecutor’s office is investigating doctors from St. Mina Hospital in Plovdiv, a hospital designated by the Bulgarian Crisis Headquarters to receive patients with suspected COVID-19. In an open letter sent to the Minister of Health, the doctors at St. Mina stated that they have not been instructed to implement […]

The importance of a weekly employee check-in for your business

Who would have thought that a company called Weekly10 would advocate for weekly employee check-ins? We know it’s a shock. Next we’ll be saying they should take no more than 10 minutes to complete…. But once your heart has stopped racing, let us tell you why a regular employee check-in is a vital tool for giving (and […]

Turkey: Paid and unpaid leave applications due to the coronavirus

I. PAID LEAVE APPLICATIONS DUE TO THE CORONAVIRUS The employer may give the employees paid leave in the event of compulsory reasons. Since the annual paid leave is considered within the employer’s right to management according to the provisions of the Labor Code, the approval of the employee is not a necessity. According to the […]

Ontario announces legislation to assist workers during Covid-19 pandemic

On March 16, 2020, Ontario’s provincial government announced that it will draft legislation that will protect workers and their families during the global COVID-19 outbreak. The proposed legislation would provide job protection for employees unable to work for a number of reasons. These reasons are as follows: The employee is under medical investigation, supervision or […]

Covid-19: New regulations to protect the Cayman Islands

By Spencer Vickers In order to safeguard the Cayman Islands, its people and its industries, the Cayman Islands Government has recently announced a series of measures in response to the COVID-19 pandemic. From encouraging residents to wash their hands regularly, to closing international borders, these measures affect the daily life of every person within the […]

Coronavirus: Employment impacts

Employers have a legal obligation to ensure that workers have proper conditions of health and safety. Therefore, they must adopt appropriate measures to address risks arising from the spread of the COVID-19 virus. We recommend that, in conjunction with their occupational health professionals, companies should define a plan to react to the various scenarios they […]

Energy and environment

Up for review – what the BAT Conclusions on Waste Incineration mean for energy-from-waste operators

Environmental permits for the majority of energy-from-waste installations must contain conditions imposing emission limit values on the polluting substances identified in the Industrial Emissions Directive (2010/75/EU) (“the Directive”) as well as on any other polluting substance which is likely to be emitted in significant quantities, having regard to its nature and its potential to transfer […]

Retail Week General Counsel 2020: Key takeaways

By Perran Jervis This year’s conference highlighted the importance of customer and employee relations in managing risk and reputation. From flexible working and gender equality to sustainability and inclusivity, consumer issues were at the heart of the liveliest discussions at this year’s Retail Week GC conference. This is in stark contrast to previous years, where […]

Jersey: A thriving hub for Energy & Natural Resources investment in Africa

Jersey’s role as a conduit for investment in energy and natural resources projects on the African continent Mauritius and the Seychelles are well renowned hubs for African inward investment and Jersey is taking an increasing role in the region alongside them. With a look at some transactions on which their firm has advised, Lebogang Maimane, […]

Budget 2020: Key points for the energy & infrastructure sector

By Ben Sheppard Taxes on pollution From April 2022, the climate change the levy is to be frozen on electricity and increased on gas Support for the most energy-intensive industries to transition to net zero, by extending the climate change agreements scheme for a further two years A new plastics packaging tax from April 2022: […]

Up for review – What the BAT conclusions on waste incineration mean for energy-from-waste operators

Energy-from-waste incineration and biomass co-incineration installations must operate within emissions limits contained in their Environmental Permit. These limits are set by the Environment Agency to comply with EU Best Available Techniques (BAT) reference documents (BREFs). The Commission Implementing Decision (EU) 2019/2010 establishing BAT conclusions for waste incineration (the Decision), published on 3 December 2019, introduces […]

Funds

Mutual funds – enhanced information required for annual returns

The Mutual Funds (Annual Returns) (Amendment) Regulations, 2020 (the “2020 Regulations”) came into effect on 17 March 2020 to further strengthen anti-money laundering and counter financing of terrorism measures in the Cayman Islands. Mutual funds are now required to provide additional data to the Cayman Islands Monetary Authority (“CIMA”) for its use in assessing money […]

Jersey cash box structures

Given the unprecedented effects of COVID-19, including widespread travel restrictions, listed companies may have to consider alternative ways to raise capital on an urgent basis, notwithstanding the current condition of the financial markets.

Cayman Islands to maintain funds appeal with latest regulatory changes

With the enhancement of Cayman Islands’ regulatory framework in the form of the introduction of the International Tax Co-operation (Economic Substance) Law, 2018 and its related Regulations (ES Law) and welcome updates in 2019 and early 2020 to the Securities Investment Business Law (SIBL), the Anti-Money Laundering Regulations (AML Regulations) and the Mutual Funds Law […]

New rules for “pre-marketing” funds – effect on Guernsey and Jersey AIFMs

The Cross Border Distribution Directive (“Pre-Marketing Directive”) amends the Alternative Investment Fund Managers Directive (“AIFMD”). Member States have until 2 August 2021 to amend their legislation to include the new rules. The Pre-Marketing Directive provides for a uniform approach to the “pre-marketing” of alternative investment funds (“AIFs”) within EU Member States. Member States do not […]

The new BVI Private Investment Funds regime

By Robert J.D. Briant, Anton Goldstein The British Virgin Islands (BVI) has introduced a new regulatory regime for the recognition of private investment funds. Under the new regime, closed-ended funds, including private equity and venture capital funds, which were previously not regulated in the BVI, will have to be recognised by the Financial Services Commission […]

A very public success story – Three years of the Jersey Private Fund

The Jersey Private Fund has been a very public success. Launched three years ago, the JPF substantially simplified the Jersey offering for a funds product that resets the regulatory demands for fund managers that aren’t raising money from a huge number of investors, are targeting only sophisticated investors and, in some cases, aren’t publicly raising […]

Insolvency and restructuring

The impact of the reintroduction of Crown preference on the food and drink sector

In this year’s Budget, the government announced that it would defer, until December 2020, the arrangements to make HM Revenue and Customs (HMRC) a secondary preferential creditor for certain tax debts paid by employees and customers on the insolvency of a business. In this article, we look at the effect that this will have on […]

Break clauses in commercial leases and practical implications of lockdown

In times of economic decline or uncertainty, many businesses look to divest themselves of surplus property to reduce rental commitment. Break clauses are common in most fixed term commercial leases and can allow a landlord and/or a tenant to bring the lease to an end early on one or more specified dates. In light of […]

Covid-19 economic impact: Using State Aid to help with a liquidity crisis

By Caroline Ramsay The spread of the COVID-19 pandemic globally will have a significant economic impact on all nations. Several European countries are considering or have already announced support measures for citizens or companies to help with liquidity problems. Any businesses that are worried about liquidity, or believe that they will need financial support during […]

Has coronavirus caused distress to your business?

It seems that business disruption due to coronavirus is pretty inevitable. What should you as a company director be doing if the disruption means your business starts to suffer?

What happens next if shopping centre landlord goes under?

On top of the multiple challenges hitting retail and leisure landlords and occupiers arising from COVID-19, the news that Intu has had to write down the value of its shopping centre portfolio by nearly £2 billion came as further bad news. Intu owns multiple high-profile retail and leisure locations across the UK (including The Trafford […]

Moratorium on loans and leasing due to COVID-19 – Serbia

Due to the developments regarding the outbreak of COVID-19 and the declaration of a state of emergency in Serbia, the National Bank of Serbia undertook emergency measures to facilitate the position of citizens and businesses in servicing debts. The two decisions on temporary measures were adopted on 17 March 2020 for the protection of debtors […]

Changes to Guernsey’s corporate insolvency law and the winding up of foreign companies

The Royal Court’s pragmatic approach to assisting insolvency office-holders in exercising their duties has enabled Guernsey’s corporate regime to adapt with market trends in other leading jurisdictions, notwithstanding that the corporate insolvency legislation itself has remained unchanged for some years. The Ordinance will introduce an array of new measures, making Guernsey an even more attractive […]

Insurance

Coronavirus: impact on insurance

The Coronavirus, COVID-19 has raised numerous important legal issues. However, one issue has assumed an even higher profile with the recent classification of the virus as a pandemic. This is the question of what claims can be made under the different insurance products on the market to cope with the losses, whether direct or indirect, that Portuguese businesses have been facing.

COVID-19 and the Cayman Islands’ insurance sector

By Alex Potts QC COVID-19 is likely to present unprecedented challenges for the insurance industry, across all Iines of business, both domestic and international. Between the increasing number of confirmed infections worldwide, and the steps being taken in response by Governments and the private sector, COVID-19 has the potential to give rise to very significant […]

Coronavirus (Portugal): Managing the impacts of COVID-19

Globally, companies are beginning to feel the effects of the spread of Coronavirus (COVID-19). This recent phenomenon confronts companies with enormous challenges with regard, namely, to labor issues, relating to the processing of personal data, public health, contracts, insurance, corporate governance, tax obligations and sanctioning aspects. Know the main impacts that COVID-19 may have on […]

Covid-19: Insurance considerations for business disruptions in Canada

By Scott W. Beattie, Kevin Kolumbus, Rachel B. Runge It has been more than a month since the World Health Organization declared Coronavirus Disease 2019 (“COVID-19”) a Public Health Emergency of International Concern. Several people in the United States have become infected despite having no known connection to a previous case, and Canada confirmed its […]

New ILS funds will be impressive in size

As insurance and reinsurance linked investing remains popular among investors and an attractive source of protection to cedents, new insurance-linked securities (ILS) funds are still being formed and we should expect them to be “impressive in size”, Brad Adderley a Partner at law firm Appleby Bermuda said recently. Speaking to A.M. Best TV at our […]

Bermuda’s high regulatory standards are internationally recognised

By Julie E. McLean Bermuda’s success in meeting the highest international standards of regulatory compliance has been confirmed with recent recognition from a number of international bodies focused on taxation, anti-money laundering, insurance regulation and aviation safety. The island was amongst those moved to the EU’s list of fully cooperative tax jurisdictions on 18 February. […]

Insurance & Reinsurance: Portugal

By Helena Vaz Pinto, António Mendes de Almeida, Ana Lickfold de Novaes e Silva, Carlos Couto 1. Basis of Insurance and Reinsurance Law 1.1 Sources of Insurance and Reinsurance Law Portugal is a civil law system. The main source of law is statutory law. Consequently, court decisions do not have the same preponderance as in […]

Pharmaceuticals and healthcare

Prisoners’ rights to equivalent health and social care

This article is part of the Prison law during the coronavirus pandemic series. Rule 20(1) of the Prison Rules 1999 provides that: ‘The governor must work in partnership with local health care providers to secure the provision to prisoners of access to the same quality and range of services as the general public receives from […]

Covid-19: Virtual health care services ensuring continuity of care in Canada

In the wake of the novel coronavirus (COVID-19), health professionals are exercising all efforts possible to ensure that there is no disruption in service or breakdown in patient care. The Ministry of Health in Ontario has released health-sector specific guidelines to assist health facilities minimize the risk of infection within their respective practices…

E-healthcare and telehealth become vital to tackling Covid-19 in CEE

Worried about COVID-19? During the outbreak, it is challenging for patients to seek in-person medical care. Self-quarantine is an important tool in managing disease transmission, especially among patients who are vulnerable to the risk of infection. This is where telemedicine becomes essential to ensure that patients have access to medical care and to boost community […]

Ontario state of emergency: Impact on condos

By Rodrigue Escayola At 8:30 on March 17, Ontario Premier Doug Ford declared a state of emergency in the province to combat the spread of the Coronavirus (COVID-19). As part of this declaration, the province is prohibiting gatherings of more than 50 people, including indoor recreation centres, theatres, concert venues, places of worship, private schools […]

Gold rush with disinfectants

By Iliyana Sirakova Unbelievable but true – due to the outbreak of COVID-19, hand and surface disinfectants are currently hardly available anywhere in the shops. Where they are made available – like in restaurants or hospitals – they mysteriously disappear. Pharmacies are therefore offering self-produced disinfectants at considerable prices. Now, disinfectants regularly contain ethanol as […]

Private Client

The territorial limitations of the black swan jurisdiction

On 30 March 2020, the Court of Appeal of the Eastern Caribbean Supreme Court (the Court of Appeal) delivered a decision of some practical importance to the practice relating to applications for injunctive relief. It confirms: That the so called “Black Swan” line of authority cannot be developed and extended by the courts to permit free standing […]

Senate of the Republic of Uzbekistan approved eight laws

During the second plenary session of the Senate of the Oliy Majlis several laws were discussed, with eight draft laws being approved and one rejected. Senators rejected the Law “On International Commercial Arbitration”.  The draft Law provided for the legal regulation of the establishment and termination of international commercial arbitration courts, determination of the basic principles […]

Top 10 tips for co-parenting in these challenging times

Many parents are in shared childcare arrangements with their ex-spouses/partners and will have huge concerns around adhering to such arrangements in these unprecedented and immensely worrying times. We provide our top 10 tips for co-parenting during the coronavirus pandemic.

Austria: Coronavirus – How does it affect civil proceedings in Austria?

The coronavirus does not stop at court. That is why it creates uncertainty among litigants and even the public on whether and how to exercise subjective rights and enforce legal claims. This article shall guide you through the current legal situation. Be assured: court practice continues – with certain restrictions It is indispensable that the […]

US immigration update on covid-19

The rapid global spread of COVID-19 has unprecedentedly affected international travel and mobility. In an effort to curb the proliferation of the virus, the U.S. President has issued Presidential Proclamations implementing travel bans.

Prisoners with issues in respect of their mental capacity or mental health

Mental capacity An imminent announcement is expected in respect of early prison release as a means of easing the pressure on the system. However, it is unclear what the mechanism will be to determine which prisoners are released. If the process involves the requirement to make some form of application by the prisoner, there will […]

The importance of the Court of Justice of the European Union Practice in Ensuring Passenger Rights in Accordance with Regulation 261/2004

1. Background In a world where air travel is becoming more frequent and affordable, Regulation (EC) no. 261/2004 of the European Parliament and of the Council of 11 February 2004 establishing common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights, and repealing […]

Public sector and local authority

Coroners’ Courts open for urgent and essential business only

The Chief Coroner’s Guidance on COVID-19 (No.34) was issued on 26 March 2020 and reinforced on 27 March 2020 with further guidance (No.35). It is helpful to be read in conjunction with the Chief Coroner’s COVID-19 Note #3. It is intended to be the main piece of guidance for all coroners. The message overall is that coroners have discretion […]

Privatisation of large enterprises expected in Uzbekistan

In Uzbekistan, a draft Presidential Decree “On additional measures to reduce the state’s participation in the economy” was published for discussion, per which it is planned to sell 85% of Ucell’s state share, 49% of Uzbekistan Airways` state share, 18.8% of Uzbektelecom`s state share, 10% of NGMK`s, AGMK`s and Uzmetkombinat`s state share, 45% – Dori-Darmon […]

Impact of the Covid-19 epidemic on public procurements – Cyprus

The Treasury of the Republic and Ministry of Finance issued a joint statement on the impact of the COVID-19 epidemic on public procurements. This notice states that the current situation caused by the spread of the COVID-19 is considered to be a cause of force majeure, for which there is a relevant provision in the […]

Newsflash: FSA publishes guidance for food businesses on COVID-19

The Food Standards Agency (FSA) has published guidance to help food businesses in their response to the coronavirus pandemic. The guidance has been produced in conjunction with the Department for Environment, Food and Rural Affairs (DEFRA) and covers a range of topics including good hygiene practice, managing employee absences and social distancing in specific food […]

New PD 51Z for Stay of Possession Proceedings and Extension of Time Limits

The world has become a very unusual place in the last few weeks. The government has rushed to help us navigate it with a series of guidance, upon guidance, upon guidance, which we have all tried to keep abreast of the best we can. So fast moving have matters been that when I wrote my […]

What powers will the police have during Coronavirus lockdown?

Last night Boris Johnson announced a virtual lockdown for 3-weeks when he said, ‘You must stay at home.’ The prime minister warned that people would only be allowed outside to buy food or medication, to exercise once a day (alone or with household members), or to travel to work, if absolutely necessary. He said that […]

Tender Commission for public-private partnership projects – Kyrgyz

The Ministry of Economy of the Kyrgyz Republic has been instructed to create within one month an open database of implemented and potential public-private partnership projects and approve the rules of its maintenance, as well as approve the form of reporting on the progress of public-private partnership projects…

Real Estate and Infrastructure

Coronavirus: Buying and selling property in times of social distancing

We are facing a Coronavirus (Covid-19) pandemic and, as a result, administrative solutions have been adopted and a state of emergency has been declared. All this has had an impact on the whole of the economy and it has also had serious adverse effects on property (real estate) transactions, which are subject to specific formalities […]

Coronavirus (COVID-19) considerations for Cayman Islands commercial landlords and tenants

The Cayman Islands Government’s total lockdown of the Islands and its earlier order shutting down bars and restaurants (save for takeaway or delivery), shops selling non-essential goods, gyms, spas and the cinema will have a profound impact for many local businesses. Whilst the UK and other governments are currently reviewing emergency legislation to deal with […]

Can construction continue on development sites?

By Aimee Stevens The Prime Minister has imposed restrictions on the nation with people only being allowed to leave their home for specific, limited purposes. He specifically referred to a number of business and retail sectors which must close. However, this has left quite a lot of uncertainty. Are your workers key workers? Are non-key […]

COVID19 – possession update

By David Asker Residential evictions The Government is introducing emergency legislation to prevent landlords from starting eviction proceedings against tenants for a period of at least three months. Here is the press notice. This is to protect renters in both social and private accommodation in these challenging times. It will allow those with financial difficulties […]

Government announces moratorium on coronavirus-related commercial forfeiture

Along with other unprecedented measures to protect the public and the economy, the UK government announced on 23 March 2020 that commercial landlords are to be precluded from forfeiting commercial leases [1] and evicting the tenant for non-payment of rent. This measure is in place until 30 June 2020 and will be reviewed thereafter. These […]

Coronavirus and commercial leases: What landlords and tenants need to know

As the UK begins to tackle the challenges caused by the spread of Coronavirus/COVID-19, Walker Morris has received a number of enquiries from landlord and tenant clients as to how this may affect their property arrangements and obligations. It is now clear the outbreak will significantly disrupt the market. We have already seen the challenges […]

COVID19 – possession update

By David Asker Residential evictions As you may be aware, the Government is introducing emergency legislation to prevent landlords from starting eviction proceedings against tenants for a period of at least three months. This is to protect renters in both social and private accommodation in these challenging times. It will allow those with financial difficulties […]

Technology, Media and Telecommunications

Analysis of mobile phone data during the Covid-19 pandemic in Switzerland

By Monja Sieber 1. Introduction Following the lead of Asian countries, an increasing number of European countries are also accessing mobile phone data in order to overcome the coronavirus pandemic. The collection and analysis of mobile phone data is now also taking place in Switzerland. During a press conference on the topic of the coronavirus, […]

In the hands of the court: Crypto 2020

By Imogen Jones 2020 appears to be the year of the crypto decision. Following the UK’s ruling in AA v Persons Unknown, the first UK decision following the publishing of the Legal Statement on Cryptoassets and Smart Contracts last year, where crypto assets were held to be property, France has issued its first ruling on […]

Blockchain: From cryptocurrencies to crypto-KYC

By John Binns, Ami Amin As stricter, more complex, requirements in relation to anti-money laundering are implemented in the EU, distributed ledger technology (“DLT”) might offer an answer to streamlining know your client (“KYC”) processes and reducing the frustration around data sharing. In this article, Ami Amin and John Binns discuss what DLT is, what […]

Mid-market acquisition finance – What’s got us talking

By Anna Richardson, Charlotte Thomas This article looks at trends which we expect to impact the mid-market as 2020 continues. In the latter part of 2019, the general election and Brexit dominated the front pages. Global political turbulence continues, but with a clear majority in parliament and Brexit day having passed, there should be some […]

Cyptocurrency as property: Australian Court allows cryptocurrency as security for costs

By Anna Battams An Australian Court has spearheaded the treatment of cryptocurrency as property in relation to commercial disputes. In Hague v Cordiner (No. 2) [2020] NSWDC 23, the New South Wales District Court approved the claimant’s cryptocurrency investment account as security for costs. To recap some basic commercial litigation principles: Following judgment, the unsuccessful […]

Applications of artificial intelligence in law firms and chambers

The concept of artificial intelligence has tantalised humanity for decades. While AI was once merely the subject of golden-age sci-fi novels and films of wildly varying quality, today AI is permeating through ever-growing areas of life with advanced feats of machine learning closer to being a reality than ever. While we’re still a far shout […]

Electronic signatures are valid, but can a deed be executed remotely

By Christina Gill Why is this case of interest? Walker Morris has reported previously on the Law Commission’s 2019 Report which confirmed that electronic signatures are valid and can be used to execute documents. This was a crucial turning point in acknowledging that technological advancements are changing the way we do business, with face-to-face contact […]

Tax

General Communiqué No. 518 on tax procedure law – coronavirus pandemic regulation

General Communiqué No. 518 on the Tax Procedure Law (Law No. 213) (“Communiqué”) was published in the Official Gazette on March 24, 2020 with number 31078 (Reiterated). In the Communiqué, a statement was made regarding the taxpayers who were directly affected by the CoronaVirus outbreak (COVID-19). The Communiqué presents a number of new measures taken […]

Uzbekistan: Draft procedure for conducting field tax audits

Per article 139 of the Tax Code “On-site tax inspection”, the State Tax Committee has published a draft resolution “Regulation on the procedure for conducting on-site inspections”. The project was posted for discussion on the SOVAZ portal until March 17, 2020. Upon approval, the new procedure will enter into force on April 1, 2020. The […]

Exceptional measures implemented by Luxembourg tax authorities to support taxpayers during COVID-19 crisis

On 17 March 2020, the Luxembourg tax administration issued an official newsletter on their website (impotsdirects.public.lu) stating that taxpayers, individuals or companies undergoing cash flow issues due to the coronavirus pandemic and who are taxed on commercial or agricultural and forestry profits, and taxpayers who are independent professionals can request: the cancellation or reduction of […]

Tax consequences of coronavirus for employees and companies

The Corona Pandemic confronts us all with new and unknown challenges. In order to make a small contribution to overcoming the current situation, the Tax Team describes certain tax implications of the coronavirus for both employees and employers and summarises the latest tax measures of the Swiss Federation and the cantons in connection with the […]

Mutual agreement procedure on double taxation agreements

Mongolia has entered into Double-Taxation Agreement (further referred as DTA) with 26 countries. Its Mutual Agreement Procedure (further referred as the Procedure) was approved in 2013, latter renewed in 2019 in accordance with Article 17.3 of General law on Taxation, for the following purposes: To implement the procedure; To agree mutually with a competent authority […]

Cayman: Update in Respect of Automatic Exchange of Information

On 20 February 2020, the Cayman Islands enacted the Tax Information Authority (International Tax Compliance) (Common Reporting Standard) (Amendment) Regulations, 2020 (the “CRS Amendment”) and the Tax Information Authority (International Tax Compliance) (United States of America) (Amendment) Regulations, 2020 (the “FATCA Amendment”). These amendments amend the Tax Information Authority (International Tax Compliance) (Common Reporting Standard) […]

Austria: Coronavirus and taxes

Due to the measures taken by the Austrian government in connection with the outbreak of the corona virus which has now affected Austria (e.g. home quarantine, cancellation of events, closure of shops/restaurants), liquidity shortages and payment difficulties for businesses seem more likely. Accordingly, the Austrian Ministry of Finance has taken the following measures: Taxpayers who […]

Transport (Including aviation and shipping)

Infrastructure and the environment – some learning from Heathrow

Introduction At present, the contest between need and the environmental effects of expansion of Heathrow has been settled by a virus.  The Government advises against all international travel.  In the minds of many, and in particular the media, R (oao) Planet B Earth v Secretary of State for Transport [2020] EWCA Civ 214, is a case about […]

Coronavirus (Covid-19) precautions and maritime industry

As coronavirus affected every industry, the pandemic also took a toll on the maritime industry and caught it offguard. Many countries had to close their ports, albeit temporarily, or take unprecedented measures against cruise ships and freighters approaching their ports. As a part of these measures, many cruise ships were not allowed to enter the […]

Information about export restrictions related to COVID-19

According to the European Foreign Trade and Payments Regulation, the European Commission can make the export of a product dependent on the submission of an export license in order to prevent or counteract a crisis situation due to a lack of essential goods. In the context of the corona crisis, a similar measure was adopted […]

Tough decisions are essential for the UK’s electric vehicles

By Robin Webb The government has stated its desire to bring forward the ban on petrol and diesel cars to 2035 or perhaps even earlier to encourage the uptake of Electric Vehicles (EVs). This will be given extra impetus by tough new EU emissions regulations which come into force this year, meaning that carmakers will […]

Economic Substance Update Q1 2020

On 18 February 2020, the Economic and Financial Affairs Council (ECOFIN) announced that Bermuda and the British Virgin Islands (BVI) had been moved to the ‘whitelist’ following efforts over the past months to implement legislative changes that comply with the EU’s tax governance principles. On the same date, ECOFIN also announced that the Cayman Islands […]

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