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Shoosmiths LLP | October 2022

Separate ownership of mines and minerals poses a risk for developers that must be assessed and mitigated as appropriate. The basic rule of property ownership is that the owner of land owns up to the heavens and down to the centre of the earth. Following this common law presumption, mines and minerals are presumed to be owned by the surface landowner, unless it is shown that they have been severed and therefore in separate ownership ...

Shoosmiths LLP | May 2021

Ownership of mines and minerals separately to surface land poses a risk for developers that must be assessed and mitigated as appropriate. It is not uncommon for mines and minerals to be owned separately to the land at the surface and in certain areas of the country, particularly the north, it is frequently encountered ...

Simonsen Vogt Wiig AS | February 2023

However, Fintech is actually just a new term for an old concept that dates back to ancient times.  A case in point is the invention of paper in China in the 7th century, a major technological development that paved the way for paper currency, and eventually fiat currency. The development of the payment card systems in the 1950s (e.g ...

Shoosmiths LLP | January 2023

It is a sad fact that the current economic crisis is causing many employers to consider cost saving measures like redundancies. But it can be difficult to know what amounts to a redundancy situation. We consider the legal definition and how it applies.  What the law says Redundancy is a mechanism used by employers when a company needs to reduce the number of its employees. It is one of the five potentially fair reasons for which an employer can dismiss an employee ...

Wardynski & Partners | February 2022

The scope of the insured’s liability (and thus, the insurance companies’ auxiliary liability) is affected not only by national law, but also by EU legislation and case law regarding “use of a motor vehicle.” After a recent Supreme Court resolution, a contradiction between the two has emerged.   Motor insurance is one of the most economically significant types of insurance policies ...

Shepherd and Wedderburn LLP | December 2017

At the end of the day, budgets always reflect the political climate of the country. The Chancellor is a member of a government unable to command a majority without the support of the DUP, which has lost two cabinet ministers in the last month, is subject to various manifesto commitments regarding not raising taxes, and that is facing the monumental economic uncertainty of leaving the EU in the next 18 months ...

Kocian Solc Balastik | April 2020

Many governmentalregulations may prevent contractual obligations from being duly fulfilled. How can you best handlethe performance, or more precisely, thenon-performance of your contracts? Force majeure Section 2913 of Act No. 89/2012 Coll ...

Kocian Solc Balastik | April 2020

  VAT payers, who have monthly obligations, may no longer be oriented in the flood of newly adopted tax measures to help taxpayers to overcome the current situation caused by the spread of the coronavirus. For this reason, we provide a brief overview of the tax measures specifically related to VAT and add some important remarks that should be kept in mind ...

Shoosmiths LLP | December 2021

As we draw to the end of 2021, Lauren Bholé and Lizzie Lord reflect on some of the HR challenges faced by many companies over the past 12 months. 1. Employees wanting a change in career – the ‘great resignation’ A study by Microsoft found that 41% of the global workforce is considering leaving their employer this year ...

Delphi | April 2020

We have recently witnessed several Swedish governmental decisions and recommendations that restrict citizens and businesses, in order to reduce social contact due to the outbreak of Covid-19. However, so far the authorities have not made any decrees that force tenants to close their businesses, such as restaurants and shops, or that prevent landlords from fulfilling their duty to provide the premises ...

Shoosmiths LLP | March 2020

  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 Centre in Manchester and the Lakeside complex in Essex) and on 12 March was widely reported as being at risk of insolvency ...

Walder Wyss Ltd. | April 2020

Short-time work compensation is a crucial component of the governmental COVID-19 rescue package for Swiss economy. The Swiss Federal Council in this context has recently enacted several formal facilitations and expanded the circle of entitled employees. Nevertheless, the requirement of obtaining the employees’ consent to short-time work remains central in several aspects.   Read the entire article below ...

Shoosmiths LLP | March 2022

The insurance industry typically has a significant role to play in public inquiries, and in this article we consider this from the perspective of insurance companies and policyholders. The Rt Hon Baroness Heather Hallett DBE has been appointed Chair of the upcoming UK COVID-19 Inquiry (“the Inquiry”) and we currently await publication of the Terms of Reference, which will determine the scope of the investigation ...

Shoosmiths LLP | March 2021

On 19 February 2021, the Supreme Court handed down a landmark judgment which confirmed that Uber drivers are workers and not independent contractors. We look at the basis for the decision and what it means for other employers. Background This case began back in 2016, when Uber drivers Mr Aslam, Mr Farrar and others submitted a claim to the Employment Tribunal (ET) regarding their employment status ...

Shoosmiths LLP | June 2022

On 25 May 2022, the Health and Safety Executive (HSE) published its new 10-year strategy (“the Strategy”) which will inform its activities until 2032. As recognised in the Foreword, “the organisation’s role and responsibilities are growing, particularly in the areas of building safety, chemicals regulation and supporting sustainable, healthy, workplace practices ...

Shoosmiths LLP | May 2024

A General Election will be held on 4 July 2024. In this article, Sarah Jenkins considers what that might mean for the pensions industry What does the General Election mean for pensions? It has been a busy time for the pensions industry of late - a new policy, consultation or legislation seemingly appeared each month. However, the pensions plates are not the only ones which the Government has been spinning, and much of the planned pension reform has not yet made it to the statute books ...

Shoosmiths LLP | December 2023

A summary of the key takeaways from a recent webinar on The Covid-19 Public Inquiry - Spotlight on the Care Sector. What is a Public Inquiry? A public inquiry is a state sponsored investigation into areas of public concern. Inquiries are set up and sponsored by the government, but they operate independently of the government. All inquiries have powers to compel the attendance of witnesses or provision of evidence ...

Shoosmiths LLP | July 2021

Exactly 480 days after the first lockdown measures were introduced in England, 19 July – the so-called Freedom Day - will see the most significant easing of COVID-related measures in England since the pandemic began. But what will this mean for employers? Despite all the propaganda, it is unlikely that in years to come 19 July 2021 will be marked, remembered and celebrated as Freedom Day ...

Shepherd and Wedderburn LLP | February 2022

  On 19 January 2022, the Scottish Government approved legislation that will require local authorities to set up licensing schemes for short-term lets, and require all short-term let properties to hold a suitable licence ...

Shoosmiths LLP | April 2010

The answer is that they were both the subject of two recent decisions which shed further light on the ability to register three-dimensional shapes as trade marks. On the face of it, a three dimensional shape may be registered as a trade mark provided it meets the usual criteria (distinctive, non-descriptive, capable of distinguishing goods of one business from another etc) ...

Shoosmiths LLP | March 2021

COVID-19 has undoubtedly occupied the minds of employment lawyers and businesses over the past 12 months; however, what else has happened in the world of employment law that we might have missed? In our webinar, we looked at the changes that have taken place in the employment context over the past year and we looked ahead at the changes we can expect to see in 2021. Looking back... Section 1 changes A number of key changes took place in April 2020 ...

ALTIUS/Tiberghien | March 2020

The Corona crisis is not only a huge challenge for health care, but also the consequences for the economy will be enormous. Different sectors (such as the hospitality sector and the transport sector) will not be able to overcome the difficult times we are currently facing without public support ...

ALTIUS/Tiberghien | June 2020

The Covid-19 outbreak is not only a huge challenge for health care, but also has enormous consequences for the economy. Different sectors (such as the hospitality, tourism and transport sectors and many others) will not be able to overcome the difficult times that we are currently facing without public support. Many Member States have already adopted exceptional aid measures and many more will follow, but public support for undertakings must still comply with the EU State aid rules ...

Shoosmiths LLP | July 2023

25 July marks World In Vitro Fertilisation (IVF) day (or World Embryologist Day) recognising the day in 1978 the first baby was born following successful IVF treatment. To mark the day, we ask what employers can do to support employees undertaking IVF. Background Louise Joy Brown was the first ever baby in the world to be born following IVF treatment ...

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