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A&L Goodbody LLP | November 2013

A Report into effective approaches to audit committee reporting has been published by the Financial Reporting Lab, which is a forum set up by the Financial Reporting Council (FRC) to encourage better communication between listed companies and investors in the UK. The aim of the Report is to provide insight from companies and investors on effective approaches to audit committee reporting ...

Asters | November 2013

"For the full transition to the European principles and standards in Ukraine should ensure transparency in the area of ​​registration and transfer of ownership of land holdings"As the market is structured agricultural land in Ukraine? What is it different compared to European countries?

PLMJ | November 2013

Law no. 76/2013 of 7 November has been published in the official gazette. This law establishes new rules on the extraordinary renewal of fixed term employment contracts, as well as the rules and method of calculation for the compensation applicable to contracts subject to this renewal ...

In the High Court case of Pi Consulting (Trustee Services) Ltd v The Pensions Regulator and others, it has been ruled that 9 suspected liberation vehicles are occupational pension schemes, and therefore are under the jurisdiction of the Pensions Regulator. “Pension liberation” typically occurs where a pension saver is induced to transfer existing pension funds to another scheme, for a fee, in order to obtain access to their pension early ...

A&L Goodbody LLP | October 2013

The European Court of Human Rights (the ECHR), in Delfi AS v Estonia, has upheld unanimously a finding of liability against an Internet news portal regarding offensive comments that were posted online by one of its readers. The ECHR held that making Delfi AS liable for the comments was a justified and proportionate interference with its right to freedom of expression and that there was no violation of Article 10 (freedom of expression) of the European Convention on Human Rights (the Convention) ...

Asters | October 2013

In 2012, the Ukrainian government has conducted three tenders for production-sharing agreements (hereinafter - SRS) in respect of hydrocarbons that will be produced on land for 2 subsurface areas and in one section of the Black Sea shelf ...

Shoosmiths LLP | October 2013

Whilst adding some clarity, the case doesn't make a "no MAC in financial condition" representation any easier for a lender to rely upon.MAC in loan agreementsMAC definitions come in many forms but generally refer to changes which have an adverse effect either on the borrower's business generally, its financial condition, and/or the ability of the lender to call on its security ...

Shoosmiths LLP | October 2013

Invoice financing includes factoring, invoice discounting and asset-based lending. It can be accessed by the SME and corporate market to unlock the value of unpaid debts and assets of a business, such as stock, plant and machinery.This type of financing has distinct advantages. In invoice discounting, funders may be able to offer up to 85% of the value of unpaid debts well before that debt is due to be paid. This dramatically reduces the credit cycle, getting cash back into the business sooner ...

Plesner | October 2013

By judgment of 28 June 2013, the Danish Eastern High Court found that it was contrary to the Danish Act on Fixed-Term Employment to extend a number of fixed-term employment contracts four times.  The case involved four electricians who were hired to work on a large project. It was agreed that their employment contracts were to expire on 25 September 2009 at which time the project should have been completed ...

Shoosmiths LLP | October 2013

The case arose out of the construction of a petrochemicals plant in the north east of England. The parties entered into an engineering procurement construction (EPC) contract for delivery of the plant.The purchaser, Sabic UK, considered that the contractor, Simon Carves, was not proceeding with due diligence as required by the EPC contract.Having issued a warning notice under the contract, Sabic terminated the contractor's employment ...

In a recent First-tier Tribunal Tax Chamber case it was held that HMRC regulations which require the electronic filing of VAT returns were discriminatory.  The full decision (which runs to some 154 pages) can be found here.The electronic filing of VAT returns was made compulsory for all businesses with a turnover of over £100,000, and any newly registered business, with effect from 1 April 2010 and for all businesses with effect from 1 April 2012 ...

Background On 6 April 2016 the current basic state pension and state second pension (S2P) will be abolished and replaced by a single-tier state pension. The abolition of S2P will also mean the end of contracting-out. The measures to implement the single-tier state pension and abolition of contracting-out are contained in the Pensions Bill 2013 ...

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

Following a consultation process which began in early 2011, the Treasury has finally published its revised Fair Deal for staff pensions’ guidance. The new policy comes into effect immediately and will allow private contractors to participate in public sector pension schemes so that transferring staff can remain members of their existing public sector scheme ...

Cadbury has lost a five-year legal battle with Swiss rival Nestlé. This week the Court of Appeal overturned a previous decision of the High Court that gave Cadbury an exclusive right to the famous purple colour it uses for its chocolate wrappers. Cadbury began marketing Dairy Milk in a pale mauve colour in 1905 but it wasn’t until 1920 that its full range of Dairy Milk became purple ...

As the regulatory environment continues to change and more complex pensions-related issues arise, the knowledge and understanding obligations on pension scheme trustees continue to grow. Trustees can struggle to keep up with the ever-changing pensions environment and it is therefore important that an appropriate training checklist and schedule is put in place to ensure that trustees are able to effectively fulfil their roles and statutory duties ...

Wardynski & Partners | October 2013

In the innovativeness of its economy, Poland ranks 4th from last in the European Union, but greater support is planned for highly innovative projects that show promise for implementation and commercialisation in Poland. At a session of the Polish Parliament’s Innovation and New Technology Committee on 19 June 2013, the Ministry of Regional Development presented the guidelines for operational programmes Smart Growth 2014–2020 and IT & Telecommunications 2014–2020 ...

John Grimes Partnership Ltd v Gubbins [2013] EWCA Civ 37 involved a dispute about a property development. Mr Gubbins engaged the John Grimes Partnership Ltd to design a road over land on which he intended to develop residential properties. An express term of the contract between the parties was that the works would be completed by March 2007. However, in February 2008 there was still work to be done so Mr Gubbins engaged an alternative engineer to complete the work ...

To the average internet user the few little letters at the end of the domain name they have just searched must seem rather trivial. Little do they know of the struggle of numerous corporations to obtain those little letters in an effort to try to stamp their individuality on the internet. Companies such as "donut.com" (who focus on registering as many as these generic top level domains or gTLDs as possible) insist that "the current Internet namespace, like ...

ALTIUS/Tiberghien | October 2013

SUMMARY: 1. Principles of Belgian Sports justice – 2. The relationship between ordinary justice and Sports justice – 3. The relevant NOC regulations and NOC judicial body – 4. The relevant football regulations and RBFA judicial bodies – 5. Other sports judicial bodies – 6. Clubs’ and players’ rights and obligations – 7. Dispute settlement – 8. ADR and interim relief – Conclusion Abstract:This article aims at providing an overview of sports justice in Belgium ...

Shoosmiths LLP | October 2013

Player power, loyalty and respect of contracts has increasingly made media headlines, demonstrated predominantly this summer with Luis Suarez of Liverpool FC and Manchester United's Wayne Rooney.  As widely reported, Arsenal FC made an infamous bid of £40,000,001.00 to Liverpool for the transfer of the registration of Suarez to Arsenal ...

PLMJ | October 2013

With the publication of Law no.74/2013 of 6 September a Court of Arbitration for Sport (CAS) was created in Portugal. The law will come into force 90 days after the setting up of the CAS, which will be based at the Portuguese Olympic Committee (POC). In an official communication dated 13 September the POC has already announced that it will respond positively to the mandate conferred on it to set up the CAS ...

Delphi | September 2013

In June 2013, the Land and Environment Court handed down a judgment in a case concerning parent company liability for environmental pollution caused by a  subsidiary, (Case No. M 11429-12). Initially, we give a brief description of the term operator followed by an account of the judgment in question ...

Shepherd and Wedderburn LLP | September 2013

Gareth Bale has been in the news last week for transferring to Real Madrid in a record £85m deal. Less well known is that at the beginning of August he successfully registered as a UK trade mark a logo based on his signature goal celebration. His Eleven of Hearts logo is registered against several classes of goods including precious metals, jewellery, clothing, footwear and even parasols and walking sticks ...

Asters | September 2013

By: Oleksandr Voznyuk, Anastasia Usova1 General1.1   Please identify the scope of claims that may be brought in Ukraine for breach of competition law.In the context of private enforcement in respect of competition law infringements, the following types of claims may be brought before the courts:a) Claims seeking cease-and-desist orders ...

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