Nabarro RSS Briefings and Reports feedNabarro RSS Briefings and Reports feedCopyright statementhttp://www.nabarro.com/rss.aspxNabarro RSS Briefings and Reports feed14499http://www.nabarro.comhttp://www.nabarro.com/Images/mainsite/nabarro_logo.gif5Sector focus: the legislative framework for NHS trust insolvencyMany hospitals are facing insolvency as a result of a variety of complex factors. Yet it is vital, both politically and socially, that NHS services are maintained. http://www.nabarro.com/Downloads/Restructuring-and-Insolvency-NHS-trust-insolvency.pdfThu, 23 May 2013 00:00:00 GMThttp://www.nabarro.com/Downloads/Restructuring-and-Insolvency-NHS-trust-insolvency.pdfPensions Update (May 2013)Pensions Bill: state pension reforms and more; Red Tape Challenge: the results revealed; Scheme funding: Regulator's statement; HMRC Newsletter 57: reminder of new allowances and warnings on pensions liberation; Setting aside trustee decisions: Supreme Court on the rule in Hastings-Basshttp://www.nabarro.com/Downloads/Pensions-update-May-2013.pdfThu, 23 May 2013 00:00:00 GMThttp://www.nabarro.com/Downloads/Pensions-update-May-2013.pdfLandlord ordered to repay apportioned rent after break dateA landlord has been ordered to repay an apportioned amount of rent and other sums paid by a tenant in advance under a pre-condition to a break option. The tenant had served a break notice, to bring the lease to an end mid-quarter.http://www.nabarro.com/Downloads/REDR-landlord-ordered-to-repay-apportioned-rent.pdfMon, 20 May 2013 00:00:00 GMThttp://www.nabarro.com/Downloads/REDR-landlord-ordered-to-repay-apportioned-rent.pdfReal Estate Update May 2013Real Estate newsletter - May 2013http://www.nabarro.com/Downloads/Real-Estate-newsletter-May-2013.pdfTue, 14 May 2013 00:00:00 GMThttp://www.nabarro.com/Downloads/Real-Estate-newsletter-May-2013.pdfNew planning rules in force from 30 May 2013The Government published legislation at the end of last week that will relax the rules on when planning permission is needed for change of use.http://www.nabarro.com/Downloads/Planning-New-planning-rules-in-force-from-30-May-2013.pdfTue, 14 May 2013 00:00:00 GMThttp://www.nabarro.com/Downloads/Planning-New-planning-rules-in-force-from-30-May-2013.pdfDisclosures and Social MediaSocial media has grown exponentially over the last few years, with ever-increasing numbers of people sharing information over the likes of LinkedIn, Twitter and Facebook. Alasdair Steele looks at the issues for listed companies.<br><br>This article first appeared in Company Secretary's Review on 8 May 2013.http://www.nabarro.com/Downloads/Disclosures_and_Social_Media.pdfTue, 14 May 2013 00:00:00 GMThttp://www.nabarro.com/Downloads/Disclosures_and_Social_Media.pdfCompliance Clarified April 2013Compliance update April 2013http://www.nabarro.com/Downloads/Compliance-Clarified-Apri-2013.pdfTue, 14 May 2013 00:00:00 GMThttp://www.nabarro.com/Downloads/Compliance-Clarified-Apri-2013.pdfOTC derivatives after the introduction of EMIRBanking & Finance analysis: With certain aspects of the Regulation on OTC derivatives, central counterparties and trade repositories (EU) 648/2012 now in force, Sam Robinson, senior associate at Nabarro who advises on UK and EU financial services law and regulation, considers the impact of the European Markets Infrastructure Regulation (EMIR) on the industry.<br><br>This article was first published by Lexis Nexis.http://www.nabarro.com/Downloads/OTC_derivatives_after_intro_of_EMIR.pdfMon, 13 May 2013 00:00:00 GMThttp://www.nabarro.com/Downloads/OTC_derivatives_after_intro_of_EMIR.pdfA guide to investment jargonAngel investors, venture capital funds, accountants, lawyers and fundraisers use jargon. To anyone raising funds for the first time this can be very confusing. This guide sets out, in plain English, what some of these terms mean.http://www.nabarro.com/Downloads/A-guide-to-investment-jargon.pdfFri, 10 May 2013 00:00:00 GMThttp://www.nabarro.com/Downloads/A-guide-to-investment-jargon.pdfDe-risking final salary liabilities – what are the options?Final salary liabilities for past and future service can often be reduced it is just a case of knowing how to go about it and understanding how to manage the trustees concerns.http://www.nabarro.com/Downloads/8470.pdfTue, 07 May 2013 00:00:00 GMThttp://www.nabarro.com/Downloads/8470.pdfEU Working Party issues Opinion on Big Data useOn 2 April 2013 the European Union Article 29 Working Party (the Working Party) issued an Opinion which will have important ramifications for all those involved in processing personal data in the EU.http://www.nabarro.com/Downloads/Technology-and-Privacy-EU-Working-Party-issues.pdfFri, 03 May 2013 00:00:00 GMThttp://www.nabarro.com/Downloads/Technology-and-Privacy-EU-Working-Party-issues.pdfPensions Update (April 2013)Automatic enrolment: new thresholds and proposed changes; Automatic transfer of small pots; GMP equalisation: latest developments; Takeover bids: new disclosure requirementshttp://www.nabarro.com/Downloads/Pensions-update-April-2013.pdfTue, 30 Apr 2013 00:00:00 GMThttp://www.nabarro.com/Downloads/Pensions-update-April-2013.pdfLondon market opens doors to High Growth CompaniesThe London Stock Exchange has announced the creation of a fourth listing option on its London stock exchanges. Complementing the existing listing options of a premium or standard listing on the main market or a listing on AIM, the High Growth Segment offers a fourth option for fast growing companies which have aspirations to a future full (premium) listing in London and want something more than an AIM listing but less than a full listing. http://www.nabarro.com/Downloads/Corporate-London-market-opens-doors-to-High-Growth-Companies.pdfTue, 30 Apr 2013 00:00:00 GMThttp://www.nabarro.com/Downloads/Corporate-London-market-opens-doors-to-High-Growth-Companies.pdfFIRE's 3 key highlights (Q2, 2013)(1) Advised AXA Real Estate on the 472m acquisition of Ropemaker Place in a cross border joint venture<br> (2) Closed transactions with aggregate value of more than 1bn for international investors active in the London market in Q1 2013<br> (3) Acting on more than 375m of Fund investments and co-investments</li>http://www.nabarro.com/Downloads/3_key_messages_for_Q2.pdfFri, 26 Apr 2013 00:00:00 GMThttp://www.nabarro.com/Downloads/3_key_messages_for_Q2.pdfConstruction & Engineering group newsletter - Spring 2013What does a contractual obligation of good faith mean?; Is your cap on liability effective?; Changes to late payment regulations - points to note; The changing landscape of costs in construction disputeshttp://www.nabarro.com/Downloads/Construction-newsletter-April-2013.pdfWed, 24 Apr 2013 00:00:00 GMThttp://www.nabarro.com/Downloads/Construction-newsletter-April-2013.pdfGovernment consults on compulsory data protection audits for NHSThe Government has launched a consultation on whether NHS organisations should be made subject to compulsory data protection audits (the Consultation). The Consultation will be of keen interest not only to those in the NHS but to those who work with the NHS.http://www.nabarro.com/Downloads/Technology-and-Privacy-Government-consults-on-compulsory-data-protection-audits-for-NHS.pdfTue, 23 Apr 2013 00:00:00 GMThttp://www.nabarro.com/Downloads/Technology-and-Privacy-Government-consults-on-compulsory-data-protection-audits-for-NHS.pdfAIFMD - Practical implications for your businessThis document: Examines 10 key questions to help you understand the impact of the AIFMD on your business and fund structures and to consider possible solutions; Examines timing issues and the AIFMD's impact on third country managers and funds; Sets out in a flowchart how the AIFMD applies to raising capital in the EU under the AIFMD.http://www.nabarro.com/Downloads/11218.pdfMon, 22 Apr 2013 00:00:00 GMThttp://www.nabarro.com/Downloads/11218.pdfSDLT avoidance: novation and sub-sales. Another win for HMRC.In the case of Edward Allchin v HMRC, the First-tier Tribunal (the Tribunal) has confirmed that the novation of a contract does not fall within the SDLT sub-sale relief provisions.http://www.nabarro.com/Downloads/Tax-SDLT-avoidance-novation-and-sub-sales.pdfThu, 18 Apr 2013 00:00:00 GMThttp://www.nabarro.com/Downloads/Tax-SDLT-avoidance-novation-and-sub-sales.pdfInvestment advice exempt from VAT – except for defined benefit pension fundsIn the case of Wheels Common Investment Fund Trustees Ltd and others v HMRC (Wheels) the Court of Justice of the European Union (CJEU) has held that management services provided to a fund in which the assets of defined benefit pension schemes are pooled for investment purposes, are not exempt from VAT as such a fund does not constitute a 'special investment fund' for the purpose of the VAT exemption. http://www.nabarro.com/Downloads/Tax-Investment-advice-exempt-from-VAT.pdfThu, 18 Apr 2013 00:00:00 GMThttp://www.nabarro.com/Downloads/Tax-Investment-advice-exempt-from-VAT.pdfCourt applies procurement award criteriaFor public authorities struggling with mounting challenges to tenders and increasingly stringent transparency requirements, a recent, common-sense ruling by the Scottish Court of Session is likely to provide some relief.http://www.nabarro.com/Downloads/EU-Competition-Court-applies-procurement-award-criteria.pdfThu, 18 Apr 2013 00:00:00 GMThttp://www.nabarro.com/Downloads/EU-Competition-Court-applies-procurement-award-criteria.pdfProcurement and tax – update: beware your sins might find you outThe Government has revised the scope of its procurement and tax proposals in response to extensive concerns raised by stakeholders. http://www.nabarro.com/Downloads/Tax-Procurement-and-tax-update.pdfTue, 16 Apr 2013 00:00:00 GMThttp://www.nabarro.com/Downloads/Tax-Procurement-and-tax-update.pdfDealing with vexatious employment tribunal litigantsThis article, by Emma Ground and Michal Stein, was first published in an Employment Lawyers Association briefing. http://www.nabarro.com/Downloads/Vexatious_tribunal_litigants.pdfMon, 15 Apr 2013 00:00:00 GMThttp://www.nabarro.com/Downloads/Vexatious_tribunal_litigants.pdfCJEU rules investment advice is exempt from VATIn the case of <i>GfBK Gesellschaft fr Brsenkommunikation mBH v Finanzamt Bayreuth</i> (GfBK), the Court of Justice of the European Union (CJEU) has confirmed that investment advice provided to certain investment funds by a third party constitutes an activity of 'management' and therefore benefits from VAT exemption. http://www.nabarro.com/Downloads/Tax-CJEU-rules-investment-advice-exempt-from-VAT.pdfThu, 11 Apr 2013 00:00:00 GMThttp://www.nabarro.com/Downloads/Tax-CJEU-rules-investment-advice-exempt-from-VAT.pdfBring Your Own Device (BYOD): an employer's checklistA YouGov survey, published last month, found that 47 per cent of UK adults use personal mobile devices, such as iPhones and tablets, for work purposes.http://www.nabarro.com/Downloads/Employment-Bring-Your-Own-Device-(BYOD).pdfWed, 10 Apr 2013 00:00:00 GMThttp://www.nabarro.com/Downloads/Employment-Bring-Your-Own-Device-(BYOD).pdfEmployee Incentives updatehttp://www.nabarro.com/Downloads/Employee-incentives-update-April-2013.pdfWed, 10 Apr 2013 00:00:00 GMThttp://www.nabarro.com/Downloads/Employee-incentives-update-April-2013.pdfSupreme Court - Input tax - Loyalty Management winBefore the Supreme Court, Loyalty Management UK Ltd (LMUK) has won its long running battle to deduct input tax incurred during the ordinary course of its business. http://www.nabarro.com/Downloads/Tax-Supreme-Court-Input tax-Loyalty-Management-win.pdfFri, 05 Apr 2013 00:00:00 GMThttp://www.nabarro.com/Downloads/Tax-Supreme-Court-Input tax-Loyalty-Management-win.pdfSecond FSA consultation paper on transposing the AIFMDOn 19 March 2013, the FSA (now the FCA) published its second consultation paper on transposing the AIFMD into UK law (CP2). Whilst the FSA has not been able to cover all the items it said it would in the first consultation paper, CP2 does offer some more guidance which firms will find useful in getting AIFMD-ready.http://www.nabarro.com/Downloads/Financial-Second-FSA-consultation-paper-on-transposing-the-AIFMD.pdfWed, 03 Apr 2013 00:00:00 GMThttp://www.nabarro.com/Downloads/Financial-Second-FSA-consultation-paper-on-transposing-the-AIFMD.pdfConstruction timeDataCentreManagement.com (March/April 2013 edition). Article contributed by Penny Moore.http://www.datacentremanagement.com/news/view/construction-timeWed, 03 Apr 2013 00:00:00 GMThttp://www.datacentremanagement.com/news/view/construction-timePensions Update (March 2013)Budget 2013: end of contracting-out brought forward to 2016; Reorganisation of financial services regulation: farewell FSA, welcome FCA; No VAT recovery on investment management fees: pension schemes lose test case; Public sector outsourcing: GAD certificates and employee contribution rates; Pension rights following TUPE transfer: alignment with automatic enrolment.http://www.nabarro.com/Downloads/Pensions-update-March-2013.pdfWed, 27 Mar 2013 00:00:00 GMThttp://www.nabarro.com/Downloads/Pensions-update-March-2013.pdfIs weight a disability issue?According to a 2012 NHS report, 26 per cent of the UK's adult population is obese. Data shows an approximate one per cent annual increase in obesity. It was, therefore, only a matter of time before obesity-related employment disputes found their way to the employment tribunal.http://www.nabarro.com/Downloads/Employment-Is-weight-a-disability-issue.pdfWed, 27 Mar 2013 00:00:00 GMThttp://www.nabarro.com/Downloads/Employment-Is-weight-a-disability-issue.pdfUK ICO issues guidance on Bring Your Own Device (BYOD) following shock surveyThe UK Information Commissioner's Office (ICO) has issued guidance on the increasingly hot topic of Bring Your Own Device (BYOD).http://www.nabarro.com/Downloads/Technology-and-Privacy-UK-ICO-issues-guidance-on-Bring-Your-Own-Device.pdfTue, 26 Mar 2013 00:00:00 GMThttp://www.nabarro.com/Downloads/Technology-and-Privacy-UK-ICO-issues-guidance-on-Bring-Your-Own-Device.pdfQuarter Day Issue 93Permissible margins and contributory negligence: valuers and lenders battle it out; Transforming bailiff action: a shake-up leaving landlords in distress; Civil litigation costs: dramatic reforms are on their way; Legal advice privilege and without prejudice: when can they be relied on?; Beware: pre-let agreements are not automatically enforceable against successors in title; Disclaimer: surety required to take new lease following disclaimerhttp://www.nabarro.com/Downloads/QuarterDay-Lady-Day-25-March-2013.pdfMon, 25 Mar 2013 00:00:00 GMThttp://www.nabarro.com/Downloads/QuarterDay-Lady-Day-25-March-2013.pdfSpring clean your employment contracts: Pensions and PILONs may need attentionSpring is in the air and it is an excellent time to refresh your employment contracts.http://www.nabarro.com/Downloads/Employment-Spring-clean-your-employment-contracts.pdfMon, 25 Mar 2013 00:00:00 GMThttp://www.nabarro.com/Downloads/Employment-Spring-clean-your-employment-contracts.pdfHinkley nuclear plant is approvedPlanning consent has been given to build the first new nuclear power station in the UK since 1995. http://www.themanufacturer.com/articles/hinkley-nuclear-plant-approved-but-no-detail-on-strike-price/Fri, 22 Mar 2013 00:00:00 GMThttp://www.themanufacturer.com/articles/hinkley-nuclear-plant-approved-but-no-detail-on-strike-price/PAIFs - where are we going? The Government introduced tax breaks for UK property funds in 2008. It has taken five years for the industry to start responding. Now we are seeing authorised investment funds being launched as property authorised investment funds (PAIFs). Why the delay? Market conditions have played a large part in the lack of action. However, there are still practical and tax issues to be resolved. http://www.nabarro.com/Downloads/PAIFs-where-are-we-going.pdfTue, 12 Mar 2013 00:00:00 GMThttp://www.nabarro.com/Downloads/PAIFs-where-are-we-going.pdfReal Estate Update March 2013Real Estate newsletter - March 2013 http://www.nabarro.com/Downloads/Real-Estate-newsletter-March-2013.pdfTue, 12 Mar 2013 00:00:00 GMThttp://www.nabarro.com/Downloads/Real-Estate-newsletter-March-2013.pdfHealthcare Industry Barometer 2013Sector focus - community serviceshttp://www.nabarro.com/Downloads/Healthcare_Barometer_2013.pdfFri, 08 Mar 2013 00:00:00 GMThttp://www.nabarro.com/Downloads/Healthcare_Barometer_2013.pdfFinancial Sector update March 2013HEADLINES: The end of the FSA. But what can we expect from the new regime?; Standard & Poor's held liable for investor's loss in Australia; Are you AIFMD-ready? An update on recent publications; Employment law update; FSA imposes first fine for breach of Model Codehttp://www.nabarro.com/Downloads/Financial-Sector-Update-March-2013.pdfThu, 07 Mar 2013 00:00:00 GMThttp://www.nabarro.com/Downloads/Financial-Sector-Update-March-2013.pdfProcurement and tax: beware your sins will find you out<li>With effect from 1 April 2013 suppliers tendering for government contracts above the threshold will be required to declare their tax compliance history as part of the public procurement process.</li> <li>If within the last 10 years a supplier has taken part in particular failed tax avoidance schemes, it will be open to the contracting department to ban the supplier from the procurement process.</li> <li>In the future, suppliers engaged in the procurement process will need to give careful consideration to the potential long-term implications of failure before entering into tax avoidance schemes.</li>http://www.nabarro.com/Downloads/Tax-Procurement-and-tax.pdfThu, 07 Mar 2013 00:00:00 GMThttp://www.nabarro.com/Downloads/Tax-Procurement-and-tax.pdfImpact of the AIFMD on Investment CompaniesThe Alternative Investment Fund Managers Directive (AIFMD) will almost certainly apply to investment entities listed under Chapter 15 of the UKLA's Listing Rules (Investment Companies). This note sets out some of the factors to consider about the AIFMD.http://www.nabarro.com/Downloads/FSR-Impact-of-the-AIFMD-on-Investment-Companies.pdfWed, 06 Mar 2013 00:00:00 GMThttp://www.nabarro.com/Downloads/FSR-Impact-of-the-AIFMD-on-Investment-Companies.pdfInput tax recovery: BAA fails to take off in the Court of AppealNews from the Court of Appealhttp://www.nabarro.com/Downloads/Tax-Input-tax-recovery.pdfTue, 05 Mar 2013 00:00:00 GMThttp://www.nabarro.com/Downloads/Tax-Input-tax-recovery.pdfFollowing procedures: Keep Calm and Take Your TimeThis briefing looks at a few simple steps that employers can take to reduce the risk of employment tribunal claims and increase the chance of successfully defending them. http://www.nabarro.com/Downloads/Employment-Following-procedures-Keep-Calm-and-Take-Your-Time.pdfTue, 05 Mar 2013 00:00:00 GMThttp://www.nabarro.com/Downloads/Employment-Following-procedures-Keep-Calm-and-Take-Your-Time.pdfRegulatory timelineThere is an inescapable flow of new European legal and regulatory measures coming our way and which potentially affect the real estate and funds sector.http://www.nabarro.com/Downloads/FIRE_Regulatory_timeline.pdfTue, 05 Mar 2013 00:00:00 GMThttp://www.nabarro.com/Downloads/FIRE_Regulatory_timeline.pdfThe Industrial Emissions Directive 2010YES Breakfast, 27 February 2013 <p> Nabarro LLP and WatermanThu, 28 Feb 2013 00:00:00 GMThttp://www.nabarro.comPensions Update (February 2013)PPF levy 2013/14: don't miss the deadlines; LGPS GAD certificates: important announcement; Disclosure Regulations: consultation on simplification; GMP equalisation delayed until 2014; DWP call for evidence: DB scheme funding; Supreme Court: discrimination against part-time workershttp://www.nabarro.com/Downloads/Pensions-update-Feb-2013.pdfTue, 26 Feb 2013 00:00:00 GMThttp://www.nabarro.com/Downloads/Pensions-update-Feb-2013.pdfVAT and self storage: landlords bewareA change in law to the VAT treatment of self storage supplies potentially has wider application than generally thought. 1. If you let property as VAT exempt it can become a standard rated supply if the tenant uses the property to store their own goods. 2. The change affects both new and old leases granted on an exempt basis. 3. There is not a problem if the property is let subject to an option to tax.http://www.nabarro.com/Downloads/Tax-VAT-and-self-storage-landlords-beware.pdfFri, 22 Feb 2013 00:00:00 GMThttp://www.nabarro.com/Downloads/Tax-VAT-and-self-storage-landlords-beware.pdfVAT, self storage and the application of the Capital Goods Schemehttp://www.nabarro.com/Downloads/Tax-VAT-Self-Storage-and-the-Capital-Goods-Scheme.pdfThu, 21 Feb 2013 00:00:00 GMThttp://www.nabarro.com/Downloads/Tax-VAT-Self-Storage-and-the-Capital-Goods-Scheme.pdfAIFMD is coming... look busy!We've all been talking about AIFMD for years. But now it's time to act. Here are 10 key questions to help you understand if and how you, your funds and your operating practices will be affected.http://www.nabarro.com/Downloads/11152.pdfThu, 21 Feb 2013 00:00:00 GMThttp://www.nabarro.com/Downloads/11152.pdfRemuneration rules under AIFMD – final guidelines from ESMAThe European Securities and Markets Authority (ESMA) recently published final guidelines on remuneration under the Alternative Investment Fund Managers Directive (AIFMD).http://www.nabarro.com/Downloads/FIRE-Remuneration-rules-under-AIFMD.pdfWed, 20 Feb 2013 00:00:00 GMThttp://www.nabarro.com/Downloads/FIRE-Remuneration-rules-under-AIFMD.pdfFSA imposes first fine for breach of Model CodeOn 14 February 2013, the Financial Services Authority (FSA) fined Nestor Healthcare Group Limited (Nestor) 175,000 for failing to take proper and reasonable steps to secure the compliance of its board members and senior executives with the share dealing provisions of the Model Code.http://www.nabarro.com/Downloads/Corporate-briefing-FSA-imposes-first-fine-for-breach-of-Model-Code.pdfTue, 19 Feb 2013 00:00:00 GMThttp://www.nabarro.com/Downloads/Corporate-briefing-FSA-imposes-first-fine-for-breach-of-Model-Code.pdfRights of light reformThe Law Commission has today published a Consultation Paper containing its recommendations for reforming the law on rights of light. http://www.nabarro.com/Downloads/REDR-Rights-of-light-reform.pdfMon, 18 Feb 2013 00:00:00 GMThttp://www.nabarro.com/Downloads/REDR-Rights-of-light-reform.pdfEnterprise Management Incentive optionsThe Enterprise Management Incentive (EMI) option regime came into effect in 2000. EMI options are intended to assist smaller high-risk companies to recruit and retain employees of high calibre, in the face of the strong competition for the services of such people from larger concerns and companies in other jurisdictions.http://www.nabarro.com/Downloads/Enterprise-Management-Incentive-options.pdfFri, 15 Feb 2013 00:00:00 GMThttp://www.nabarro.com/Downloads/Enterprise-Management-Incentive-options.pdfTransAtlantic February 2013Welcome to the February edition of TransAtlantic, where we look at a number of issues impacting on US companies doing business in the UK and Europe.http://www.nabarro.com/Downloads/TransAtlantic-February-2013.pdfFri, 15 Feb 2013 00:00:00 GMThttp://www.nabarro.com/Downloads/TransAtlantic-February-2013.pdfTransAtlantic September 2012Welcome to the September edition of TransAtlantic, where we look at a number of issues impacting on US companies doing business in the UK and Europe.http://www.nabarro.com/Downloads/Transatlantic-September-2012.pdfThu, 14 Feb 2013 00:00:00 GMThttp://www.nabarro.com/Downloads/Transatlantic-September-2012.pdfUK competition reforms to create new “opt-out” class actions and encourage private actions for damagesGovernment proposals relating to private actions for competition damages will make it easier to bring actions in the UK and will introduce class actions.<p></p> Businesses will need to be aware of an increased likelihood of damages actions, and consumer groups and trade associations will be empowered to bring representative actions on behalf of their members. Victims of cartels will find it easier to bring more cost-effective actions in the UK. http://www.nabarro.com/Downloads/EU-Competition-UK-competition-reforms.pdfThu, 07 Feb 2013 00:00:00 GMThttp://www.nabarro.com/Downloads/EU-Competition-UK-competition-reforms.pdfONEL: what constitutes genuine use of a Community Trade Mark?On 19 December 2012, the Court of Justice of the European Union (CJEU) handed down its long-anticipated judgment in the ONEL/OMEL case. This reference from the Court of Appeal of the Hague sought guidance on the question of whether use of a Community Trade Mark (CTM) in a single member state constitutes genuine use in the Community. http://www.nabarro.com/Downloads/ONEL-what_constitutes_genuine_use_of_a_Community_Trade_Mark.pdfTue, 05 Feb 2013 00:00:00 GMThttp://www.nabarro.com/Downloads/ONEL-what_constitutes_genuine_use_of_a_Community_Trade_Mark.pdfHealthcare update - February 2013HEADLINES: The Healthcare Industry Barometer 2012; Government consults on change to NHS Pension Scheme access for independent providers; A new future for NHS Estates; Key data developments in 2012 and what they mean for the health and care sectors in 2013; OFT's first review of NHS foundation trust merger; PF2 in health does PF2 mean more hospital deals for the UK?http://www.nabarro.com/Downloads/Healthcare-update-February-2013.pdfMon, 04 Feb 2013 00:00:00 GMThttp://www.nabarro.com/Downloads/Healthcare-update-February-2013.pdfPensions Update (January 2013)Regulating DC schemes: consultation on new code and guidance; PPF contingent assets: new guidance for group company guarantees; Enhanced transfers: draft legislation preventing incentive payments; Civil Partnership: Employment Tribunal awards full pension rights; Single-tier state pension: the end of the line for contracting-out; Financial Ombudsman Service: claimants allowed to seek further damages in courthttp://www.nabarro.com/Downloads/Pensions-update-January-2013.pdfWed, 30 Jan 2013 00:00:00 GMThttp://www.nabarro.com/Downloads/Pensions-update-January-2013.pdfCase digest: (un)lawful terminations, religion discrimination and holiday rights of healthy workersA number of judgments, published in the last few weeks, are likely to affect the day-to-day working practices of many of our readers. They cover a wide range of issues: summary terminations, employees equality rights and the balance between conflicting rights and the thorny issue of annual leave rights.http://www.nabarro.com/Downloads/Employment-Case-Digest-January-2013.pdfWed, 30 Jan 2013 00:00:00 GMThttp://www.nabarro.com/Downloads/Employment-Case-Digest-January-2013.pdfChanging offices to residential without planning permission: the rise of flatsThe Government recently announced in a letter to local authorities in England that new legislation will come into force in Spring 2013 allowing a change of use from offices to residential without the need to apply for planning permission.http://www.nabarro.com/Downloads/Planning-Changing-offices-to-residential-without.pdfTue, 29 Jan 2013 00:00:00 GMThttp://www.nabarro.com/Downloads/Planning-Changing-offices-to-residential-without.pdfWhat are Limitation Act Periods and the Latent Damage Act?Reproduced by kind permission of RICS Construction Journal (September 2008)<br>The Limitation Act 1980 governs time limits for bringing different types of legal claims'. The most relevant for the construction industry are those for contractual and tortious (negligence) claims.http://www.nabarro.com/Downloads/what_are_the_limitation_act_periods_and_the_latent_damage_act.pdfTue, 29 Jan 2013 00:00:00 GMThttp://www.nabarro.com/Downloads/what_are_the_limitation_act_periods_and_the_latent_damage_act.pdfLPP: Naked self interest replaced by functionality?In a landmark decision involving the great and the good of the legal world, the Supreme Court has confirmed that legal professional privilege (LPP) only applies to qualified lawyers and does not extend to non-legal professionals providing legal advice. http://www.nabarro.com/Downloads/Tax-LPP-Naked-self-interest-replaced-by-functionality.pdfTue, 29 Jan 2013 00:00:00 GMThttp://www.nabarro.com/Downloads/Tax-LPP-Naked-self-interest-replaced-by-functionality.pdfAs employment law reforms gather pace, what do you need to know?Last week, the Government announced a number of proposals for changes to employment laws. These new measures come hot on the heels of other recent proposals on collective redundancies, dispute resolution, equality issues and executive pay. The majority of the new proposals are expected to come into force this year.http://www.nabarro.com/Downloads/Employment-employment-law-reforms-gather-pace.pdfThu, 24 Jan 2013 00:00:00 GMThttp://www.nabarro.com/Downloads/Employment-employment-law-reforms-gather-pace.pdfFIRE's 3 key highlights (Q1, 2013)(1) Advised on closings for 8 funds raising aggregate of 1.5bn in 2012 (2) Acted on closing transactions with aggregate deal value of more than 2.5bn in 2012 (3) Top ranked firm by Chambers for Investment Funds: Real Estate for third consecutive yearhttp://www.nabarro.com/Downloads/FIRE_3_key_highlights.pdfWed, 23 Jan 2013 00:00:00 GMThttp://www.nabarro.com/Downloads/FIRE_3_key_highlights.pdf2013 - Outlook variable?Debt drought? Storm force ten(ant); Met offices; Trade winds; Shop fronts; A few degrees warmer? Nabarro's bright spots 2012http://www.nabarro.com/Downloads/RE_2013_variable_outlook.pdfTue, 22 Jan 2013 00:00:00 GMThttp://www.nabarro.com/Downloads/RE_2013_variable_outlook.pdfMyatts Field North PFIHelping our clients deliver a uniquely challenging schemehttp://www.nabarro.com/Downloads/Myatts_Field_North_PFI.pdfWed, 16 Jan 2013 00:00:00 GMThttp://www.nabarro.com/Downloads/Myatts_Field_North_PFI.pdfREIT of REITsIn December 2012 HMRC responded to the earlier consultation on the tax treatment of REITs investing in REITs. They announced that they would introduce measures to allow the income of UK REITs investing in other UK REITs to be treated as exempt.http://www.nabarro.com/Downloads/Tax-REIT-of-REITs.pdfTue, 15 Jan 2013 00:00:00 GMThttp://www.nabarro.com/Downloads/Tax-REIT-of-REITs.pdfReal Estate update January 2013Real Estate newsletter - January 2013http://www.nabarro.com/Downloads/Real-Estate-newsletter-January-2013.pdfTue, 15 Jan 2013 00:00:00 GMThttp://www.nabarro.com/Downloads/Real-Estate-newsletter-January-2013.pdfOFT's first review of NHS Foundation Trust mergerThe Office of Fair Trading's (OFT) review of a merger between two NHS Foundation Trusts is the first of its kind following the enactment of the Health and Social Care Act 2012 and heralds a new focus on competition in the public healthcare sector.http://www.nabarro.com/Downloads/EU-Competition-OFT's-first-review-of-NHS-Foundation-Trust-merger.pdfThu, 10 Jan 2013 00:00:00 GMThttp://www.nabarro.com/Downloads/EU-Competition-OFT's-first-review-of-NHS-Foundation-Trust-merger.pdfHigh Court rules FOS decisions may not be “final and binding”The High Court has held that investors who accept a decision of the Financial Ombudsman Service (FOS) can still go to court to recover damages in excess of the maximum FOS is permitted to award (currently 150,000). This decision is contrary to an earlier 2010 ruling which held that FOS decisions are final and, effectively, that complainants cannot seek further recompense through the courts.http://www.nabarro.com/Downloads/FOS_decisions_Jan_2013.pdfTue, 08 Jan 2013 00:00:00 GMThttp://www.nabarro.com/Downloads/FOS_decisions_Jan_2013.pdfThe wait is over: AIFMD Implementing Regulation (finally) publishedThe wait is over. The European Commission published the implementing regulation (Regulation) for the Alternative Investment Fund Managers Directive (AIFMD) on 19 December 2012. Many of you have probably read it diligently over the festive break and are now perfectly placed to ensure your business is AIFMD-ready. No? Then this briefing will help summarise the key points.http://www.nabarro.com/Downloads/Financial-AIFMD-Implementing-Regulation-published.pdfTue, 08 Jan 2013 00:00:00 GMThttp://www.nabarro.com/Downloads/Financial-AIFMD-Implementing-Regulation-published.pdfNabarro Clarity Guide 7 - Lifetime allowance and annual allowanceWelcome to our seventh Nabarro Clarity Guide. The Chancellor of the Exchequer, in his autumn statement on 5 December 2012, announced changes to the Lifetime Allowance and Annual Allowance regime. This guide explains these changes and details the Lifetime Allowances and Annual Allowances which apply for each tax year in relation to pension savings.http://www.nabarro.com/Downloads/Clarity_Guide_7.pdfMon, 31 Dec 2012 00:00:00 GMThttp://www.nabarro.com/Downloads/Clarity_Guide_7.pdfHS2 Safeguarding: Will it stop you developing your land?The Department for Transport issued draft safeguarding directions, for the HS2 project, for consultation on 25 October 2012. The deadline for submitting representations is Thursday 31 January 2013.http://www.nabarro.com/Downloads/Planning-HS2-Safeguarding.pdfWed, 19 Dec 2012 00:00:00 GMThttp://www.nabarro.com/Downloads/Planning-HS2-Safeguarding.pdfSimplified CRC Energy Efficiency Scheme to stay put until 2016DECC has undertaken a number of consultations on the CRC Energy Efficiency Scheme (CRC) since October 2010, looking at ways of reforming and simplifying it. However, the Chancellor, in his spring budget, branded the CRC cumbersome and bureaucratic, saying it left participants confused over allowance sales, group participation and qualification criteria. This encouraged many to believe that the CRC would be scrapped. So it came as a surprise when the Government announced last week that a simplified CRC would remain until at least 2016.http://www.nabarro.com/Downloads/Simplified-CRC-Energy-Efficiency-Scheme.pdfWed, 19 Dec 2012 00:00:00 GMThttp://www.nabarro.com/Downloads/Simplified-CRC-Energy-Efficiency-Scheme.pdfQuarter Day Issue 92Opposed lease renewals: owner occupation and the five year rule; Enfranchisement and lease extensions: when is a building a 'house'?; Squatters' rights? How to deal with unwanted occupiers; Misrepresentation has severe consequences for auction sellers ordered to buy back land; Settling dilapidations claims: clear drafting is essential.http://www.nabarro.com/Downloads/QuarterDay-Christmas-25-December-2012.pdfWed, 19 Dec 2012 00:00:00 GMThttp://www.nabarro.com/Downloads/QuarterDay-Christmas-25-December-2012.pdfPensions Update (December 2012) Chancellor's Autumn Statement and Finance Bill 2013; Automatic enrolment: review of thresholds for 2013/14; PPF: calculating GMP equalisation; EAT: occupational pensions compensation for pension loss on TUPE transfer; Equal pay and pay protection schemes Court of Appeal; NAPF code on disclosing charges; And finallyhttp://www.nabarro.com/Downloads/Pensions-Update-December-2012.pdfTue, 18 Dec 2012 00:00:00 GMThttp://www.nabarro.com/Downloads/Pensions-Update-December-2012.pdfChanges to the collective redundancies consultation regime announcedThe Government has just announced its plans to revise the UK's collective consultation regime. The changes, due to come into force in April 2013, will have an impact on all businesses that are proposing to make 20 or more employees redundant in one establishment, within a period of 90 days or more.http://www.nabarro.com/Downloads/Employment alert-changes-to-redundancies-consultation-regime-announced.pdfTue, 18 Dec 2012 00:00:00 GMThttp://www.nabarro.com/Downloads/Employment alert-changes-to-redundancies-consultation-regime-announced.pdfThe Energy Bill 2012: ROCS vs CfD FiTS?On Thursday 29 November, the Coalition Government introduced its long-awaited Energy Bill (the Bill) into Parliament. Viewed by the Government as 'essential legislation to power low-carbon economic growth, to protect consumers and to keep the lights on', the Bill sets out changes to the way in which low-carbon energy projects are incentivised and how electricity from them is traded. http://www.nabarro.com/Downloads/CCE-The-Energy-Bill-2012.pdfMon, 17 Dec 2012 00:00:00 GMThttp://www.nabarro.com/Downloads/CCE-The-Energy-Bill-2012.pdfIs investment advice exempt from VAT?The Advocat General (AG) has opined in the case of <i>GfBK Gesellscaft fur Borsenkommunikation v Finanzamt Bayreuth</i> that investment advice provided to an investment fund constituted an activity of management and therefore benefitted from VAT exemption. http://www.nabarro.com/Downloads/Tax_is_investment_advice_exempt_from_VAT.pdfMon, 17 Dec 2012 00:00:00 GMThttp://www.nabarro.com/Downloads/Tax_is_investment_advice_exempt_from_VAT.pdfA review of the JCT Constructing Excellence form of contractIn March 2007 the JCT launched a new Constructing Excellence contract with the aims of: <li>encouraging collaborative working;<br> <li>providing flexibility in use; and<br> <li>encouraging parties to utilise risk management during the early stages of a project.http://www.nabarro.com/Downloads/JCT_Constructing_Excellence_contract.pdfFri, 14 Dec 2012 00:00:00 GMThttp://www.nabarro.com/Downloads/JCT_Constructing_Excellence_contract.pdfLimited partnership claims: proceed with caution'Special circumstances' must exist for limited partners (LPs) to bring a claim against a third party in the name of the limited partnership, for instance, an irreconcilable conflict of interest which means the general partner (GP) cannot or will not institute proceedings itself on behalf of the limited partnership.http://www.nabarro.com/Downloads/FIRE-Limited-partnership-claims-proceed-with-caution.pdfThu, 13 Dec 2012 00:00:00 GMThttp://www.nabarro.com/Downloads/FIRE-Limited-partnership-claims-proceed-with-caution.pdfAutumn Statement 2012Chancellor George Osborne has used this week's Autumn Statement to unveil a wave of infrastructure projects including new schools, hospitals and defence accommodation, to go forward under a revamped version of the private finance initiative, to be known as Private Finance 2 ('PF2').http://www.nabarro.com/Downloads/Projects-Autumn-Statement-2012.pdfThu, 06 Dec 2012 00:00:00 GMThttp://www.nabarro.com/Downloads/Projects-Autumn-Statement-2012.pdfEnhancing the Listing RegimeAlasdair Steele looks at the FSAs latest consultation on enhancing the UK Listing Regime.<p>This article first appeared on the CSR website on 5 December 2012http://www.nabarro.com/Downloads/Enhancing_the_Listing_Regime.pdfWed, 05 Dec 2012 00:00:00 GMThttp://www.nabarro.com/Downloads/Enhancing_the_Listing_Regime.pdfNon-residents investing in UK propertyUK property investment can be highly attractive for overseas investors. A favourable tax regime includes no capital gains tax and several notable deductions, which can enhance after-tax returns.http://www.nabarro.com/Downloads/Tax-Non-residents-investing-in-UK-property.pdfTue, 04 Dec 2012 00:00:00 GMThttp://www.nabarro.com/Downloads/Tax-Non-residents-investing-in-UK-property.pdfLeveson report recommends controversial changes to UK data protection lawThe Leveson report, published on 29 November 2012, recommends a number of controversial changes to the UK Data Protection Act 1998 (DPA). Although the report focuses on the UK press, the recommended changes to the DPA, if implemented, would be felt across all sectors. http://www.nabarro.com/Downloads/Technology-Leveson-report-UK-data-protection-law.pdfTue, 04 Dec 2012 00:00:00 GMThttp://www.nabarro.com/Downloads/Technology-Leveson-report-UK-data-protection-law.pdfWarning on potential Takeover Code breaches: deal protection measures and offeror intentions highlightedThe Takeover Panel (the Panel) has published its review of UK takeover activity following the amendments to the Takeover Code (the Code) introduced in September 2011.http://www.nabarro.com/Downloads/Warning_breaches_of_takeover_code.pdfFri, 30 Nov 2012 00:00:00 GMThttp://www.nabarro.com/Downloads/Warning_breaches_of_takeover_code.pdfThe Energy Bill: Levies for low-carbon energy riseOn Thursday 29 November, the Coalition Government introduced its long-awaited Energy Bill (the Bill) into Parliament.http://www.nabarro.com/Downloads/CCE-The-Energy-Bill-Levies-for-low-carbon-energy-rise.pdfFri, 30 Nov 2012 00:00:00 GMThttp://www.nabarro.com/Downloads/CCE-The-Energy-Bill-Levies-for-low-carbon-energy-rise.pdfFSA consultation on implementing the AIFMD: the wait continues... The FSA published the first of two <a href='http://www.fsa.gov.uk/static/pubs/cp/cp12-32.pdf' target='_blank'>consultation papers</a> on implementing the Alternative Investment Fund Managers Directive (AIFMD). This briefing sets out more detail following our recent alert. http://www.nabarro.com/Downloads/Financial-Regulation-FSA-consultation-on-implementing-the-AIFMD.pdfThu, 29 Nov 2012 00:00:00 GMThttp://www.nabarro.com/Downloads/Financial-Regulation-FSA-consultation-on-implementing-the-AIFMD.pdfPensions Update (November 2012)New Fair Deal for public sector transfers: the end of broadly comparable schemes? Defined ambition: further detail on Steve Webb's plans for pension reform; Equal pay: Supreme Court confirms six-year claim period; Rectification of consolidating deed granted: no intention to affect members' entitlements; Henderson: claim by pension scheme trustees for breach of mandate; PPF: GMP equalisation for all schemes in assessment; Annual allowance: draft changes to the detailhttp://www.nabarro.com/Downloads/Pensions-update-November-2012.pdfWed, 28 Nov 2012 00:00:00 GMThttp://www.nabarro.com/Downloads/Pensions-update-November-2012.pdfUK Popular Investment Property VehiclesThe property market has a range of joint venture and fund structures which allow investors tax efficient, flexible, indirect property investment opportunities. None is perfect in having the ability alone to cater for every scenario. However, the flexibility inherent in many of the structures (and the ability to combine them) means that the majority of the parties' objectives and particular requirements can be met. This guide gives a quick review of the most common UK vehicles for property investment.http://www.nabarro.com/Downloads/Popular-UK-Vehicles-Investment-Property.pdfTue, 27 Nov 2012 00:00:00 GMThttp://www.nabarro.com/Downloads/Popular-UK-Vehicles-Investment-Property.pdfHMRC: change in policy regarding TOGCsFollowing the case of <i>Robinson Family Ltd v HMRC</i>, HMRC have been forced to retreat from their long standing position that the grant of an overriding lease does not amount to a transfer of a going concern (TOGC).http://www.nabarro.com/Downloads/Tax-HMRC-change-in-policy-regarding-TOGCs.pdfTue, 27 Nov 2012 00:00:00 GMThttp://www.nabarro.com/Downloads/Tax-HMRC-change-in-policy-regarding-TOGCs.pdfThe RDR and MiFID II: all change again for financial advisers?This article was first published in Butterworths Journal of International Banking and Financial Law (JIBFL)http://www.nabarro.com/Downloads/JIBFL_ RDR-MiFID_II-October-2012.pdfMon, 26 Nov 2012 00:00:00 GMThttp://www.nabarro.com/Downloads/JIBFL_ RDR-MiFID_II-October-2012.pdfEuropean Commission cannot conduct a 'fishing expedition' during a dawn raidIn two recent judgments, the European General Court (the General Court) has provided insight into the vexed question of just how far a competition authority can go when it carries out a 'dawn raid' of business premises during a cartel investigation.http://www.nabarro.com/Downloads/EU-European-Commission-dawn-raid-fishing-expedition.pdfThu, 22 Nov 2012 00:00:00 GMThttp://www.nabarro.com/Downloads/EU-European-Commission-dawn-raid-fishing-expedition.pdfThird Annual Pensions Survey<b>2012 results and analysis by Nabarro LLP.</b><p>2012 is going to be remembered for many reasons not least the Queens Diamond Jubilee, the Olympics and the Paralympics. But in the pensions industry, 2012 is the year of automatic enrolment, the impact of very low gilt yields on deficits, Europe imposing sex equal annuity rates and the early stages of defined aspiration as a new type of pensions saving.http://www.nabarro.com/Downloads/Pensions_Survey_2012.pdfWed, 21 Nov 2012 00:00:00 GMThttp://www.nabarro.com/Downloads/Pensions_Survey_2012.pdfReal Estate update November 2012Real Estate newsletter - November 2012http://www.nabarro.com/Downloads/Real-Estate-newsletter-November-2012.pdfThu, 15 Nov 2012 00:00:00 GMThttp://www.nabarro.com/Downloads/Real-Estate-newsletter-November-2012.pdfEmployment developments - looking ahead to 2013Employment lawyers and HR professionals expect 2013 to be a busy year. A raft of new legislation, scheduled for implementation next year, will require employers to revise their day-to-day employment practices.http://www.nabarro.com/Downloads/Employment-Employment-developments-looking-ahead-to-2013.pdfThu, 15 Nov 2012 00:00:00 GMThttp://www.nabarro.com/Downloads/Employment-Employment-developments-looking-ahead-to-2013.pdfUK Information Commissioner’s Office opens public consultation on changes to data protection notificationsThe UK data protection regulator, the Information Commissioners Office (ICO) has opened a consultation on proposed changes to the data protection notification process. The consultation will be open until 30 November 2012 with the ICO expecting to publish its response to the consultation at the end of January 2013. The proposed changes will affect almost all businesses or other organisations that process personal data in the United Kingdom.http://www.nabarro.com/Downloads/UKICO_public_consultation_on_DP.pdfWed, 07 Nov 2012 00:00:00 GMThttp://www.nabarro.com/Downloads/UKICO_public_consultation_on_DP.pdfLegal update 2012 key points and top tipsOur annual legal seminar highlighted new legal topics affecting the funds and real estate sector.http://www.nabarro.com/Downloads/FIRE-legal-update-2012-key-points-and-top-tips.pdfTue, 06 Nov 2012 00:00:00 GMThttp://www.nabarro.com/Downloads/FIRE-legal-update-2012-key-points-and-top-tips.pdfDirectors' due diligence and take-onAIM Regulation has published Inside AIM Issue 5, focusing on a number of areas which nomads need to take into account.http://www.nabarro.com/Downloads/Corporate-Inside-AIM.pdfThu, 01 Nov 2012 00:00:00 GMThttp://www.nabarro.com/Downloads/Corporate-Inside-AIM.pdfOHIM's box-ticking approach to class heading filings fails to tick all the right boxesCommunity Trade Mark (CTM) applicants beware. OHIM (the CTM office) has again (15 October 2012) changed its practice on filings for 'class headings'.http://www.nabarro.com/Downloads/IP-OHIMs-box-ticking-approach-to-class-heading.pdfWed, 31 Oct 2012 00:00:00 GMThttp://www.nabarro.com/Downloads/IP-OHIMs-box-ticking-approach-to-class-heading.pdfNabarro Clarity Guide 6 - Record keeping and member data Welcome to our sixth Nabarro Clarity Guide. 31 December 2012 is the deadline for trustees to meet the Pensions Regulators record keeping targets. The targets were set in June 2010 and trustees are expected to use all reasonable endeavours to ensure that they meet their targets by the deadline. The Regulator introduced the record keeping targets to help eradicate the additional costs for employers and administrators caused by poor record keeping. This Clarity Guide summarises the requirements for record keeping and the actions that trustees of occupational pension schemes should take.http://www.nabarro.com/Downloads/Pensions_Clarity_Guide_6.pdfWed, 31 Oct 2012 00:00:00 GMThttp://www.nabarro.com/Downloads/Pensions_Clarity_Guide_6.pdfEurozone crisis: The redenomination and enforceability of obligations under bondsThis article seeks to analyse the issues that an investor or creditor may face when actually trying to enforce against a defaulting party or issuer of a bond.<br> This article was first published in Butterworths Journal of International Banking and Financial Law (JIBFL).http://www.nabarro.com/Downloads/Obligations_under_bonds.pdfTue, 30 Oct 2012 00:00:00 GMThttp://www.nabarro.com/Downloads/Obligations_under_bonds.pdfMeaning of establishment for collective redundanciesAs economy recovery continues to falter, collective redundancies, and disputes in relation to redundancies, are on the rise again.http://www.nabarro.com/Downloads/Employment-Meaning-of-establishment-for-collective-redundancies.pdfTue, 30 Oct 2012 00:00:00 GMThttp://www.nabarro.com/Downloads/Employment-Meaning-of-establishment-for-collective-redundancies.pdfPensions Update (October 2012)Auto-enrolment and stakeholder schemes; Late payment of contributions: proposed changes to codes of practice; Trustees: a new compliance obligation?; PPF: relaxation of entry requirements and levy 2013/14; Bridging pensions and state pension age; Review of IORP Directive: an updatehttp://www.nabarro.com/Downloads/Pensions-update-October-2012.pdfTue, 30 Oct 2012 00:00:00 GMThttp://www.nabarro.com/Downloads/Pensions-update-October-2012.pdfEmployee ownership – the future of the economy?2012 has seen the Government take steps to encourage employee ownership which, according to figures released by the Department for Business, Innovation and Skills (BIS), has become increasingly popular with the number of employee-owned companies growing by 25 per cent between 2009 and 2011.http://www.nabarro.com/Downloads/Employment-Employee-ownership-the-future-of-the-economy.pdfThu, 18 Oct 2012 00:00:00 GMThttp://www.nabarro.com/Downloads/Employment-Employee-ownership-the-future-of-the-economy.pdfIBM trustee success in rectification claimIn a case brought by the trustee of the IBM Pension Plan (advised by Nabarro partners Jennifer Bell and Neal Gibson) the High Court has ruled that the scheme documents should be rectified to confirm that active members have a right to retire without employer consent from age 60 (where the normal retirement age is 63).http://www.nabarro.com/Downloads/Pensions-briefing-IBM-trustee-success-in-rectification-claim.pdfThu, 18 Oct 2012 00:00:00 GMThttp://www.nabarro.com/Downloads/Pensions-briefing-IBM-trustee-success-in-rectification-claim.pdfChanges to the UK REIT regimeThe Finance Act 2012 has implemented a number of changes to the REIT regime.http://www.nabarro.com/Downloads/Changes_to_UK_REIT_regime.pdfThu, 18 Oct 2012 00:00:00 GMThttp://www.nabarro.com/Downloads/Changes_to_UK_REIT_regime.pdfEmployee share plansFor both listed and unlisted companies, employee share plans can play a crucial role in the recruitment and retention of employees at all levels within their business, especially since some forms of employee share plan attract tax favourable treatment in the UK.http://www.nabarro.com/Downloads/Employee_share_plans.pdfThu, 18 Oct 2012 00:00:00 GMThttp://www.nabarro.com/Downloads/Employee_share_plans.pdfFinancial Sector update October 2012HEADLINES: Counting the cost of breaking competition law: the OFT increases penalties; Could MiFID II mean a u-turn for the FSA's RDR?;Exiting a private real estate fund: strategy, planning and processes; Update from the July Privacy Laws & Business Conference; Eurozone survival or break-up: key considerations for fund managers; The Seed Enterprise Investment Scheme (SEIS) and The Enterprise Investment Scheme (EIS)http://www.nabarro.com/Downloads/Financial-Sector-update-October-2012.pdfThu, 11 Oct 2012 00:00:00 GMThttp://www.nabarro.com/Downloads/Financial-Sector-update-October-2012.pdfEmployee ownership - the future of the economy?2012 has seen the Government take steps to encourage employee ownership which, according to figures released by the Department for Business, Innovation and Skills (BIS), has become increasingly popular, with the number of employee-owned companies growing by 25 per cent between 2009 and 2011. http://www.nabarro.com/Downloads/Employment-Tax-Employee-ownership.pdfThu, 11 Oct 2012 00:00:00 GMThttp://www.nabarro.com/Downloads/Employment-Tax-Employee-ownership.pdfGovernment announces capital gains tax savings for new employee-ownersOn 8 October 2012, the Chancellor of the Exchequer announced plans for the introduction of a new form of employment relationship the employee-owner. This announcement follows the publication in July this year of the Nuttall Review of Employee Ownership which made a number of recommendations to the Government to encourage employee ownership.http://www.nabarro.com/Downloads/Govt_announces_CGT_savings_for_new_employee-owners.pdfThu, 11 Oct 2012 00:00:00 GMThttp://www.nabarro.com/Downloads/Govt_announces_CGT_savings_for_new_employee-owners.pdfNew US regulation for funds with US investors that use swapsDerivatives and swaps are often used by real estate funds in particular, as hedges to manage risks to which their businesses are exposed, most commonly as part of their borrowing arrangements.http://www.nabarro.com/Downloads/FIRE-New-US-regulation-for-funds-with-US-investors-that-use-swaps.pdfThu, 11 Oct 2012 00:00:00 GMThttp://www.nabarro.com/Downloads/FIRE-New-US-regulation-for-funds-with-US-investors-that-use-swaps.pdfCompliance Clarified - September 2012Compliance update September 2012http://www.nabarro.com/Downloads/Compliance-Update-September-2012.pdfTue, 09 Oct 2012 00:00:00 GMThttp://www.nabarro.com/Downloads/Compliance-Update-September-2012.pdfQuarter Day Issue 91Mitigating empty rates liability: options for landlords; Permission to appeal an order appointing an arbitrator: the role of the court in the process; Applications for consent to assign: a cautionary tale; Modifying leasehold covenants: the tenant wanted the ability to sublet; Selling repossessed land: a lesson from the Court of Appeal on the interpretation of documents held by the Land Registryhttp://www.nabarro.com/Downloads/QuarterDay-Michaelmas-2012.pdfFri, 28 Sep 2012 00:00:00 GMThttp://www.nabarro.com/Downloads/QuarterDay-Michaelmas-2012.pdfCounting the cost of breaking competition law: The OFT increases penaltiesThe Office of Fair Trading (OFT) is increasing the stakes for breaching competition law with harsher penalties.http://www.nabarro.com/Downloads/EU-&-Competion-the-OFT-increases-penalties.pdfFri, 28 Sep 2012 00:00:00 GMThttp://www.nabarro.com/Downloads/EU-&-Competion-the-OFT-increases-penalties.pdfExiting a private real estate fund: strategy, planning and processesThe timing of an exit is key to maximising returns to investors and is, therefore, a critical stage in the life of a private real estate fund. http://www.nabarro.com/Downloads/FIRE-Exiting-a-private-real-estate-fund.pdfWed, 26 Sep 2012 00:00:00 GMThttp://www.nabarro.com/Downloads/FIRE-Exiting-a-private-real-estate-fund.pdfPensions Update (September 2012)Mitigating empty rates liability: options for landlords; Permission to appeal an order appointing an arbitrator: the role of the court in the process; Applications for consent to assign: how not to do it!; Modifying restrictive covenants: the tenant wanted the ability to sublet; Selling repossessed land: a lesson from the Court of Appeal on the interpretation of documents held by the Land Registryhttp://www.nabarro.com/Downloads/Pensions-update-September-2012.pdfWed, 26 Sep 2012 00:00:00 GMThttp://www.nabarro.com/Downloads/Pensions-update-September-2012.pdfEntrepreneurs' Survey 2012Government initiatives and the work being carried out by strategic bodies, including Local Enterprise Partnerships (LEPs), which are aimed at stimulating the economy and facilitating the growth of SMEs, mean nothing without the commitment of their owners and managers.<br> This report helps to unpick what, in the opinion of regional SMEs, is and is not working. One of the most prominent findings of the survey is the vast amount of initiatives that are not known about in the SME business community. In a region, such as Yorkshire and Humber, which depends on its SMEs for growth, this situation has to change.http://www.nabarro.com/Downloads/Entrepreneurs_Survey_2012.pdfFri, 21 Sep 2012 00:00:00 GMThttp://www.nabarro.com/Downloads/Entrepreneurs_Survey_2012.pdfHealthcare Industry Barometer 2012Welcome to the Healthcare Industry Barometer 2012.<br> Since the publication of the 2011 Healthcare Barometer, the industry has experienced a roller coaster of ups and downs in relation to healthcare reform. Many of the views expressed in last years survey were largely speculative the industry was theorizing about the likely impact of legislative reform. While the industry can now consider its future against a more concrete legislative platform, uncertainties still remain as to the prospects for private sector healthcare providers. This is fuelling a negative outlook for growth; many believe we will not see an upturn until 2014 or beyond.http://www.nabarro.com/Downloads/2012_Healthcare_Barometer.pdfFri, 14 Sep 2012 00:00:00 GMThttp://www.nabarro.com/Downloads/2012_Healthcare_Barometer.pdfThe new voluntary code on incentive exercisesNabarro Senior Associate Sharon Piert discusses the new voluntary code on incentive exercises for employers in an interview with PMI tv.http://web.asset.tv/pmitv/?&i=8275&un=pseudoWed, 12 Sep 2012 00:00:00 GMThttp://web.asset.tv/pmitv/?&i=8275&un=pseudoReal Estate update September 2012Real Estate newsletter - September 2012http://www.nabarro.com/Downloads/Real-Estate-newsletter-September-2012.pdfTue, 11 Sep 2012 00:00:00 GMThttp://www.nabarro.com/Downloads/Real-Estate-newsletter-September-2012.pdfSDLT: 15 per cent charge on enveloping high-value residential propertyIn the Budget 2012 the Government announced a range of measures designed to combat perceived tax avoidance on the purchase of high-value residential property by non-natural persons.http://www.nabarro.com/Downloads/Tax-SDLT-15-per-cent-charge.pdfThu, 30 Aug 2012 00:00:00 GMThttp://www.nabarro.com/Downloads/Tax-SDLT-15-per-cent-charge.pdfDCLG's proposals to help bring forward stalled developmentWith an increasing number of developments stalling following changes to market conditions, making previously agreed planning obligations unviable, the Department for Communities and Local Government (DCLG) is seeking to make legislative changes to help developers renegotiate those planning obligations.http://www.nabarro.com/Downloads/Planning-DCLG's-proposals-to-help-bring-forward-stalled-development.pdfThu, 23 Aug 2012 00:00:00 GMThttp://www.nabarro.com/Downloads/Planning-DCLG's-proposals-to-help-bring-forward-stalled-development.pdfPensions Update (August 2012)Pensions Regulator's statement: FSDs and insolvency; Unisex annuities: drawdown pensions; HMRC updates: financial advice charges; Auto-enrolment: Regulator's detailed guidance for employers updated; PPF levy 2012/13http://www.nabarro.com/Downloads/Pensions-update-August-2012.pdfWed, 22 Aug 2012 00:00:00 GMThttp://www.nabarro.com/Downloads/Pensions-update-August-2012.pdfReceivershipThis note provides a short summary of receivership and covers some of the most frequently asked questions. The note is intended to be a general overview and specific advice should be taken in individual cases.http://www.nabarro.com/Downloads/Receivership.pdfWed, 22 Aug 2012 00:00:00 GMThttp://www.nabarro.com/Downloads/Receivership.pdfProof of debt in corporate insolvencyWhen a company enters either administration or liquidation, creditors must establish their right to participate in any distribution that may eventually be made. The procedure by which a creditor establishes that entitlement is known as the proof of debt procedure.http://www.nabarro.com/Downloads/Proof-of-debt-corporate-insolvency.pdfWed, 22 Aug 2012 00:00:00 GMThttp://www.nabarro.com/Downloads/Proof-of-debt-corporate-insolvency.pdfInsolvent liquidationThis note provides a short summary of the two formal insolvent liquidation processes. Each insolvent liquidation is different and specific advice should be taken in individual cases.http://www.nabarro.com/Downloads/Insolvent_liquidation.pdfFri, 17 Aug 2012 00:00:00 GMThttp://www.nabarro.com/Downloads/Insolvent_liquidation.pdfSickness and holiday: employees' requests unnecessary says Court of AppealThe law dealing with the holiday rights of workers on sick leave taxes many HR professionals: the law has developed in a piecemeal fashion and gaps are filled haphazardly by the Courts. In the meantime, each decision has considerable financial and other implications. http://www.nabarro.com/Downloads/Employment-sickness-and-holiday-August-2012.pdfWed, 15 Aug 2012 00:00:00 GMThttp://www.nabarro.com/Downloads/Employment-sickness-and-holiday-August-2012.pdfPensions Update (July 2012)Automatic enrolment: Employment protection, compliance and penalties; Automatic enrolment: revised staging dates and scheme certification; Incentivised transfer exercises: Regulator falls in with industry code; Unisex annuities: HM Treasury does little to clarify; Age-related factors in financial services: wide exemption for insurers; Small pension pots: proposal for pot to follow the memberhttp://www.nabarro.com/Downloads/Pensions-update-July-2012.pdfFri, 27 Jul 2012 00:00:00 GMThttp://www.nabarro.com/Downloads/Pensions-update-July-2012.pdfRO banding announcedOn 25 July, the Government published its Renewables Obligation (RO) consultation response, setting out differential support bands for renewable technologies under the RO for the period 201317.http://www.nabarro.com/Downloads/CCE-RO-banding-announced.pdfThu, 26 Jul 2012 00:00:00 GMThttp://www.nabarro.com/Downloads/CCE-RO-banding-announced.pdfReal Estate update July 2012Real Estate newsletter - July 2012http://www.nabarro.com/Downloads/Real-Estate-newsletter-July-2012.pdfWed, 25 Jul 2012 00:00:00 GMThttp://www.nabarro.com/Downloads/Real-Estate-newsletter-July-2012.pdfThe Seed Enterprise Investment Scheme (SEIS): Attracting investment for start-upsThe Seed Enterprise Investment Scheme (SEIS) is a new tax-advantaged venture capital scheme which bares many similarities to the existing Enterprise Investment Scheme (EIS). http://www.nabarro.com/Downloads/Seed_Enterprise_Investment.pdfTue, 24 Jul 2012 00:00:00 GMThttp://www.nabarro.com/Downloads/Seed_Enterprise_Investment.pdfEnterprise Investment SchemeGetting your company investor ready for this important tax reliefhttp://www.nabarro.com/Downloads/Enterprise_Investment_Scheme_VC.pdfMon, 23 Jul 2012 00:00:00 GMThttp://www.nabarro.com/Downloads/Enterprise_Investment_Scheme_VC.pdfThe UK FSA's 'Scary' Approach to Market Abuse EnforcementBloomberg BNA. International Financial Regulation Review News Archive 2012 and World Securities Law Report - contributed by Adrian Brown and Bradley Rice http://www.nabarro.com/Downloads/UK_FSA_scary_approach_to_market_abuse_enforcement.pdfThu, 19 Jul 2012 00:00:00 GMThttp://www.nabarro.com/Downloads/UK_FSA_scary_approach_to_market_abuse_enforcement.pdfSeeds of change: Emerging sources of non-bank funding for Britain's SMEsThis report is published by the Centre for the Study of Financial Innovation (CSFI) and sponsored by Nabarro.http://www.nabarro.com/Downloads/Seeds_of_Change.pdfTue, 17 Jul 2012 00:00:00 GMThttp://www.nabarro.com/Downloads/Seeds_of_Change.pdfUpdate from the July Privacy Laws and Business ConferenceThe heads of several EU data protection regulators and leading privacy lawyers gathered at the University of Cambridge from 24 July 2012 for the twenty-fifth Annual Privacy Laws & Business Conference ('Conference'). <p></p> This year's Conference was of particular importance because it included a whole day devoted to discussing the draft EU General Data Protection Regulation ('Draft Regulation'). The Draft Regulation was published earlier this year and is intended to replace the current EU Data Protection Directive. It was also the first opportunity for data protection regulators and privacy lawyers to gather together to discuss the latest Opinions issued by the Article 29 Working Party, the EU advisory body responsible for data protection matters. http://www.nabarro.com/Downloads/Update-from-the-July-Privacy-Laws.pdfMon, 16 Jul 2012 00:00:00 GMThttp://www.nabarro.com/Downloads/Update-from-the-July-Privacy-Laws.pdfCourt of Appeal confirms that the right to fair trial rarely applies to employment disciplinary proceedingsImagine the following scenario: you initiate a disciplinary process against a member of staff whom you suspect is guilty of misconduct. Having sent the necessary letter and arranged a meeting, your employee demands an assurance that your disciplinary panel will be fully independent of your organisation and that s/he may be legally represented throughout. Do you give the requested assurance or do you reject the employees demand (frustratingly muttering to yourself that s/he has lost the plot)?http://www.nabarro.com/Downloads/Employment-Right-to-fair-trial.pdfWed, 11 Jul 2012 00:00:00 GMThttp://www.nabarro.com/Downloads/Employment-Right-to-fair-trial.pdfTransitioning to the UK's New Regulatory RegimeBloomberg BNA. International Financial Regulation Review. News Archive 2012 - conributed by Adrian Brown and Bradley Ricehttp://www.nabarro.com/Downloads/Transitioning_to_UK_new_regulatory_regime.pdfTue, 10 Jul 2012 00:00:00 GMThttp://www.nabarro.com/Downloads/Transitioning_to_UK_new_regulatory_regime.pdfEmpty rates – is it time for a U turn?Empty property rates relief was scrapped in 2008. The current Government is now looking at the issue again.http://www.nabarro.com/Downloads/REDR-Empty-rates-is-it-time-for-a-U-turn.pdfTue, 10 Jul 2012 00:00:00 GMThttp://www.nabarro.com/Downloads/REDR-Empty-rates-is-it-time-for-a-U-turn.pdfJustifying retirement and other age-related practicesShortly after the first anniversary of the abolition of the default retirement age, the Supreme Court handed down two important judgments on age discrimination (Seldon v Clark Wright and Jakes and Homer v Chief Constable of West Yorkshire Police).http://www.nabarro.com/Downloads/Employment-Justifying-retirement-and-other-age-related-practices.pdfTue, 10 Jul 2012 00:00:00 GMThttp://www.nabarro.com/Downloads/Employment-Justifying-retirement-and-other-age-related-practices.pdfEurozone survival or break up: key considerations for fund managersDespite recent initiatives to stabilise the Euro and its banks, an exit from the Eurozone cannot be ruled out. The new coalition government in Greece needs to implement its austerity measures and Spain and Cyprus have requested assistance. With all these uncertainties, fund managers will be considering the implications of an exit from the Eurozone. http://www.nabarro.com/Downloads/FIRE-Eurozone-survival-or-break-up.pdfWed, 04 Jul 2012 00:00:00 GMThttp://www.nabarro.com/Downloads/FIRE-Eurozone-survival-or-break-up.pdfFSA guidance on payment for order flows: what you need to knowThomson Reuters Accelus 2 July 2012 - contributed by Sam Robinsonhttp://www.nabarro.com/Downloads/FSA_guidance_on_payment_for_order_flows.pdfMon, 02 Jul 2012 00:00:00 GMThttp://www.nabarro.com/Downloads/FSA_guidance_on_payment_for_order_flows.pdfCompliance Clarified - July 2012Compliance Clarified - July 2012http://www.nabarro.com/Downloads/Compliance_Clarified-July_2012.PDFMon, 02 Jul 2012 00:00:00 GMThttp://www.nabarro.com/Downloads/Compliance_Clarified-July_2012.PDFAnti-avoidance: GAAR consultationHMRC is consulting on the introduction of a general anti-avoidance rule (GAAR). The draft legislation published is ambiguous, uncertain and attacks the 'centre ground of tax planning' that HMRC claims it is eager to protect. http://www.nabarro.com/Downloads/Tax-Anti-avoidance-GAAR-consultation.pdfThu, 28 Jun 2012 00:00:00 GMThttp://www.nabarro.com/Downloads/Tax-Anti-avoidance-GAAR-consultation.pdfPensions Update (June 2012)Automatic enrolment: an update; Incentivised transfer exercises: industry code of practice; Ignore statutory scheme's amendment power on transfer to private scheme: High Court; Insolvency of overseas EU employer and PPF entry; Review of IORP Directive: Pensions Regulator seeks help on consultationhttp://www.nabarro.com/Downloads/Pensions-update-June-2012.pdfThu, 28 Jun 2012 00:00:00 GMThttp://www.nabarro.com/Downloads/Pensions-update-June-2012.pdfHR for Manufacturing – automatic enrolment: issues for employersFrom October 2012 all employers with UK workers are required to automatically enrol many of their workforce into a pension scheme and pay contributions on their behalf. http://www.nabarro.com/Downloads/HR-for-Manufacturing-automatic-enrolment.pdfMon, 25 Jun 2012 00:00:00 GMThttp://www.nabarro.com/Downloads/HR-for-Manufacturing-automatic-enrolment.pdfQuarter Day Issue 90Rent does not rank as an expense if it falls due pre-administration; A painful break: how to avoid losing the right to break a lease; Business tenancies: what happens when a landlord wants to occupy the premises; Adverse possession: how to measure a squatter's reasonable belief in property ownership; Drafting endeavours obligations: clarity mattershttp://www.nabarro.com/Downloads/QuarterDay-90-Midsummer-June-2012.pdfFri, 22 Jun 2012 00:00:00 GMThttp://www.nabarro.com/Downloads/QuarterDay-90-Midsummer-June-2012.pdfMandatory carbon reporting for UK quoted businessesYesterday (20 June 2012), Nick Clegg announced that the Government will enact legislation mandating that all companies listed on the London Stock Exchange (about 1,800 companies) must measure and report their greenhouse gas (GHG) emissions from April 2013. Whilst this does not include private companies or those listed on the AIM market, the position will be reviewed in 2015, and in 2016 the Government will evaluate updated information to examine whether to extend the legislation to all large companies. http://www.nabarro.com/Downloads/Corporate-alert-Mandatory-carbon-reporting.pdfThu, 21 Jun 2012 00:00:00 GMThttp://www.nabarro.com/Downloads/Corporate-alert-Mandatory-carbon-reporting.pdfChanges to the prospectus regime from 1 July 2012 The prospectus regime is being amended throughout Europe. The Amending Directive (Directive 2012/73/EU) revised the Prospectus Directive and came into force on 31 December 2010. It gives member states until 1 July 2012 to implement the changes in their domestic legislation. This briefing discusses the principal changes, which are of direct interest to all those engaged in preparing prospectuses and advising issuers. http://www.nabarro.com/Downloads/Corporate-Changes-to-the-prospectus-regime.pdfThu, 21 Jun 2012 00:00:00 GMThttp://www.nabarro.com/Downloads/Corporate-Changes-to-the-prospectus-regime.pdfComparison between corporate and property salesThis guide gives a quick review of some of the issues a buyer and a seller may wish to consider when buying or selling a property SPV (the acronym used to describe either a special purpose vehicle or a single purpose vehicle). This guide focuses on limited companies which may be incorporated in the United Kingdom or overseas.http://www.nabarro.com/Downloads/10766.pdfWed, 20 Jun 2012 00:00:00 GMThttp://www.nabarro.com/Downloads/10766.pdfWhy use an LLP as a general partner?This briefing examines the use of LLPs as general partner vehicles in alternative investment structures and how the law relating to partnership accounts facilitates this.http://www.nabarro.com/Downloads/FIRE-Why-use-an-LLP-as-a-general-partner.pdfWed, 20 Jun 2012 00:00:00 GMThttp://www.nabarro.com/Downloads/FIRE-Why-use-an-LLP-as-a-general-partner.pdfUK Court of Appeal issues important judgement on key provision of ISDA Master AgreementBloomberg BNA. World Securities Law Report Volume 18, No 6 June 2012 - contributed by Adrian Brown and Sam Robinsonhttp://www.nabarro.com/Downloads/ISDA_Master_Agreement.pdfWed, 13 Jun 2012 00:00:00 GMThttp://www.nabarro.com/Downloads/ISDA_Master_Agreement.pdfNew regulations and guidance to bolster the community right to challenge The right for community and other groups to challenge the way in which public services are delivered, which is set out in the Localism Act 2011, has been bolstered by new Regulations and draft Guidance, both published last month. http://www.nabarro.com/Downloads/Projects-community-right-to-challenge.pdfMon, 11 Jun 2012 00:00:00 GMThttp://www.nabarro.com/Downloads/Projects-community-right-to-challenge.pdfTransAtlantic June 2012Welcome to the June edition of TransAtlantic, where we look at a number of issues impacting on US companies doing business in the UK and Europe.http://www.nabarro.com/Downloads/Transatlantic-June-2012.pdfWed, 06 Jun 2012 00:00:00 GMThttp://www.nabarro.com/Downloads/Transatlantic-June-2012.pdfCompliance Clarified - June 2012Compliance update June 2012http://www.nabarro.com/Downloads/Compliance-Clarified-June-2012.pdfFri, 01 Jun 2012 00:00:00 GMThttp://www.nabarro.com/Downloads/Compliance-Clarified-June-2012.pdfPensions Update (May 2012)Modification of pension rights by contractual agreement: High Court upholds BBC pensionable salary cap; Early retirement: 'Beckmann' rights following a business transfer; Transfer incentives: FSA issues new rules for advisers; Age discrimination: justification for indirect discrimination ; Scheme funding: Regulator's statement http://www.nabarro.com/Downloads/Pensions-update-May-2012.pdfWed, 30 May 2012 00:00:00 GMThttp://www.nabarro.com/Downloads/Pensions-update-May-2012.pdfGovernment Publishes Draft Energy Bill 2012The Department of Energy and Climate Change (DECC) has announced the Government's draft Energy Bill 2012 (the 'Bill') with the aim of establishing a legislative framework to support the delivery of secure, affordable and low-carbon energy.http://www.nabarro.com/Downloads/CCE-Government-Publishes-Draft-Energy-Bill-2012.pdfThu, 24 May 2012 00:00:00 GMThttp://www.nabarro.com/Downloads/CCE-Government-Publishes-Draft-Energy-Bill-2012.pdfBrussels Update 24 May 2012EU & Competition team newsletterhttp://www.nabarro.com/Downloads/Brussels-update-24-May-2012.pdfThu, 24 May 2012 00:00:00 GMThttp://www.nabarro.com/Downloads/Brussels-update-24-May-2012.pdfSpringboard injunctions: your secret weapon against unfair competitionAn employee who wishes to compete with your business can obtain unfair competitive advantage by copying and using confidential information, diverting business from existing clients, or poaching your top employees. You may rely on express restrictive covenants to restrain this behaviour. However, what if your covenants are invalid, have expired or do not cover the particular conduct? It is here that a different type of remedy, the so-called 'springboard injunction', can come to your rescue. http://www.nabarro.com/Downloads/Employment-Springboard-injunctions.pdfThu, 24 May 2012 00:00:00 GMThttp://www.nabarro.com/Downloads/Employment-Springboard-injunctions.pdfWhat the draft data protection regulation will mean for financial services: The BBA and AFME's joint responseButterworth's Journal of International Banking and Financial Law May 2012 Vol. 27 - No. 5. FSLA Update. Article contributed by Belinda Doshi.http://www.nabarro.com/Downloads/International_Banking_and_Financial_Law_May_2012.pdfTue, 22 May 2012 00:00:00 GMThttp://www.nabarro.com/Downloads/International_Banking_and_Financial_Law_May_2012.pdfDisclosure of financial provisioning arrangements for landfillThe First Tier Tribunal on Information Rights has overturned the decision of the Information Commissioner and required that detailed financial information on financial provisioning arrangements for a landfill site should be disclosed, following a request under the Environmental Information Regulations 2004.http://www.nabarro.com/Downloads/Environment-Disclosure-of-financial-provisioning-arrangements-for-landfill.pdfMon, 21 May 2012 00:00:00 GMThttp://www.nabarro.com/Downloads/Environment-Disclosure-of-financial-provisioning-arrangements-for-landfill.pdfCJEU confirms functionality of computer programs not protected by copyrightThe Court of Justice of the European Union (CJEU) has handed down its keenly awaited judgment in SAS Institute Inc. v World Programming Ltd.http://www.nabarro.com/Downloads/IP-CJEU-confirms-functionality-of-computer-programs.pdfWed, 16 May 2012 00:00:00 GMThttp://www.nabarro.com/Downloads/IP-CJEU-confirms-functionality-of-computer-programs.pdfHR strategies for dealing with business disruptionsThis briefing is designed to help you prepare for the various issues which result from (expected and unexpected) disruptions to your day-to-day business operations. There are many causes for business disruptions, including the highly anticipated Olympic Games (the Games), UEFA's Euro 2012, severe weather conditions, troubles with the transport network and/or the flurry of recent strikes. http://www.nabarro.com/Downloads/Employment-HR-strategies-for-2012-Olympic-Games.pdfWed, 16 May 2012 00:00:00 GMThttp://www.nabarro.com/Downloads/Employment-HR-strategies-for-2012-Olympic-Games.pdfFinancial Sector Update May 2012HEADLINES: Buying property debt; PRIME Finance: an industry driven solution? TUPE's service provision change: all the latest guidance; FSA demonstrates why Listing Rule compliance policies are so important; Taxation of post-termination employee share and share option gains: changes ahead? AIFMD - high winds forecast for the final summit attempt! What do the MiFID II proposals mean for the commodity derivatives market? http://www.nabarro.com/Downloads/Financial-Sector-update-May-2012.pdfTue, 15 May 2012 00:00:00 GMThttp://www.nabarro.com/Downloads/Financial-Sector-update-May-2012.pdfReal Estate update May 2012Real Estate newsletter - May 2012http://www.nabarro.com/Downloads/Real-Estate-newsletter-May-2012.pdfMon, 14 May 2012 00:00:00 GMThttp://www.nabarro.com/Downloads/Real-Estate-newsletter-May-2012.pdfNo SOS for SAS: what the latest ECJ case means for softwareComputerworld UK 10 May 2012. Article contributed by Belinda Doshi and Louisa Dixonhttp://www.computerworlduk.com/in-depth/applications/3356987/no-sos-for-sas-what-the-latest-ecj-case-means-for-software/Thu, 10 May 2012 00:00:00 GMThttp://www.computerworlduk.com/in-depth/applications/3356987/no-sos-for-sas-what-the-latest-ecj-case-means-for-software/Report on the IAPP European Data Protection Intensive conferenceThe International Association of Privacy Professionals (IAPP) held its first European Data Protection Intensive conference on 2526 April 2012. The event, which was held in London, drew hundreds of privacy professionals from across Europe to discuss the key issues facing the European data protection community today. Speakers included Christopher Graham, the UK Information Commissioner, Billy Hawkes, the Irish Data Protection Commissioner, and leading privacy counsel from companies such as Accenture, American Express, Atos, Barclays, Citibank, GE, JP Morgan Chase, Lufthansa, Prudential, The Walt Disney Company and Yahoo. http://www.nabarro.com/Downloads/Report-on-IAPP-European-Data-Protection-Intensive-conference.pdfWed, 09 May 2012 00:00:00 GMThttp://www.nabarro.com/Downloads/Report-on-IAPP-European-Data-Protection-Intensive-conference.pdfPensions Update (April 2012)Trustees: tell members of abolition of protected rights by 5 May 2012; Automatic enrolment: latest developments; Age discrimination: Court of Appeal decision on cost saving as justification; Bankrupt can be forced to take his pension: High Court; Justification of compulsory retirement age: Supreme Courthttp://www.nabarro.com/Downloads/Pensions-update-April-2012.pdfTue, 08 May 2012 00:00:00 GMThttp://www.nabarro.com/Downloads/Pensions-update-April-2012.pdfBuying property debtThere are commercial opportunities in buying real estate debt from banks at a discount and unlocking the value in the properties that secure these loans. http://www.nabarro.com/Downloads/FIRE-Buying-property-debt.pdfThu, 03 May 2012 00:00:00 GMThttp://www.nabarro.com/Downloads/FIRE-Buying-property-debt.pdfFSA demonstrates why Listing Rule compliance policies are so importantTo many, the Listing Rules and other general compliance briefings which are part of the IPO or listing process are a 'tick-the-box' exercise, something where having a written policy and procedure in place is generally taken as sufficient.http://www.nabarro.com/Downloads/Corporate-FSA-demonstrates-why-Listing-Rule-compliance-policies-are-so-important.pdfTue, 01 May 2012 00:00:00 GMThttp://www.nabarro.com/Downloads/Corporate-FSA-demonstrates-why-Listing-Rule-compliance-policies-are-so-important.pdfHumpty Dumpty and the sequential approach – Tesco v DundeeIt is well established that, when determining planning applications, planning authorities must proceed upon a proper understanding of the development plan. But is it for the planning authority, or for the courts, to decide what amounts to a 'proper understanding'? This briefing looks at the key points arising from a recent UK Supreme Court decision on this question and the potential for that decision to drive a coach and horses through the meaning of 'suitable' in the context of the sequential approach. http://www.nabarro.com/Downloads/Planning-Humpty-Dumpty-and-the-sequential-approach.pdfTue, 01 May 2012 00:00:00 GMThttp://www.nabarro.com/Downloads/Planning-Humpty-Dumpty-and-the-sequential-approach.pdfCompliance Clarified - May 2012Compliance update May 2012 http://www.nabarro.com/Downloads/Compliance-Clarified-May-2012.pdfTue, 01 May 2012 00:00:00 GMThttp://www.nabarro.com/Downloads/Compliance-Clarified-May-2012.pdfConstruction & Engineering group newsletter - Spring 2012Email negotiations: how to avoid inadvertently entering into binding obligations; Good intentions with letters of intent - avoiding the road to hell; Business common-sense in contractual interpretation; Moving on (not so) swiftly - what are a contractor's progress obligations?; Olympic disruption: what does it mean for construction projects?http://www.nabarro.com/Downloads/Construction-and-Engineering-update-April-2012.pdfMon, 30 Apr 2012 00:00:00 GMThttp://www.nabarro.com/Downloads/Construction-and-Engineering-update-April-2012.pdfDirectors' indemnities and D&O coverIn the current economic climate, directors must be prepared for the unpleasant possibility of claims for personal liability being brought against them.http://www.nabarro.com/Downloads/Corporate-Directors-indemnities-and-D&O-cover.pdfMon, 30 Apr 2012 00:00:00 GMThttp://www.nabarro.com/Downloads/Corporate-Directors-indemnities-and-D&O-cover.pdfAIFMD – high winds forecast for the final summit attempt!According to some, the European Commission has departed from the European Securities and Markets Authority (ESMA)s November 2011 advice on implementing the Alternative Investment Fund Managers Directive (AIFMD).http://www.nabarro.com/Downloads/Financial-Regulation-AIFMD-high-winds-forecast-for-the-final-summit-attempt.pdfMon, 30 Apr 2012 00:00:00 GMThttp://www.nabarro.com/Downloads/Financial-Regulation-AIFMD-high-winds-forecast-for-the-final-summit-attempt.pdfCompetition law and implications on shopping centre dealsIt is apparent that shopping centre transactions are being closely scrutinised by competition authorities.http://www.nabarro.com/Downloads/EU-Competition-law-and-implications-on-shopping-centre-deals.pdfFri, 27 Apr 2012 00:00:00 GMThttp://www.nabarro.com/Downloads/EU-Competition-law-and-implications-on-shopping-centre-deals.pdfBuying property debtThere are commercial opportunities in buying real estate debt from banks at a discount and unlocking the value in the properties that secure these loans. This has prompted a considerable number of bidders who are interested in buying loan portfolios as evidenced by the recent RBS and Lloyds Banking Group sales. In addition to the traditional US private equity houses that are experienced in this field, a number of real estate companies and funds are identifying opportunities should the right portfolio come to market. This briefing is targeted at those who are interested in learning more about the process of buying property debt. http://www.nabarro.com/Downloads/Banking-and-Finance-Buying-property-debt.pdfWed, 25 Apr 2012 00:00:00 GMThttp://www.nabarro.com/Downloads/Banking-and-Finance-Buying-property-debt.pdfOffshore management for investment vehicles – watch out! HMRC gets toughIt is common to use offshore vehicles to hold investment assets. These vehicles are based in low-tax jurisdictions, for instance the Channel Islands, and will usually be companies or units trusts.http://www.nabarro.com/Downloads/Indirect-Investment-briefing-Offshore-tax-residence.pdfMon, 23 Apr 2012 00:00:00 GMThttp://www.nabarro.com/Downloads/Indirect-Investment-briefing-Offshore-tax-residence.pdfBrussels Update 20 April 2012EU & Competition team newsletterhttp://www.nabarro.com/Downloads/Brussels-update-20-April-2012.pdfFri, 20 Apr 2012 00:00:00 GMThttp://www.nabarro.com/Downloads/Brussels-update-20-April-2012.pdfTax residence: HMRC gets tough The First Tier Tax Tribunal decision of <i>Laerstate BV v HMRC</i> is the latest instalment in the tax residence saga. It demonstrates the increased rigour that HMRC will apply and emphasises the detailed investigations they are prepared to undertake to determine residency.http://www.nabarro.com/Downloads/Tax-residence-HMRC-gets-tough.pdfWed, 18 Apr 2012 00:00:00 GMThttp://www.nabarro.com/Downloads/Tax-residence-HMRC-gets-tough.pdfNew EU EU Data Protection LawsThis article by Belinda Doshi looks at the New EU Data Protection Laws - published by Bloomberg.http://www.nabarro.com/Downloads/btlr-new-eu-data-protection-laws.pdfWed, 18 Apr 2012 00:00:00 GMThttp://www.nabarro.com/Downloads/btlr-new-eu-data-protection-laws.pdfTUPE's service provision change: all the latest guidanceUnder the Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE), employees can transfer to a new employer in two ways: a business transfer or by way of a service provision change (SPC). A flurry of employment tribunal and employment appeal tribunal (EAT) decisions on the SPC limb of TUPE brings contractors and clients some much needed clarity. http://www.nabarro.com/Downloads/Employment-TUPE-service-provision-change.pdfTue, 17 Apr 2012 00:00:00 GMThttp://www.nabarro.com/Downloads/Employment-TUPE-service-provision-change.pdfDECC launches new CCS competitionDECC has relaunched a 1bn carbon, capture and storage (CCS) competition to drive investment in the sector.http://www.nabarro.com/Downloads/CCE-DECC-launches-proposals-to-simplify-CRC-Energy-Efficiency-Scheme.pdfWed, 11 Apr 2012 00:00:00 GMThttp://www.nabarro.com/Downloads/CCE-DECC-launches-proposals-to-simplify-CRC-Energy-Efficiency-Scheme.pdfPAYE Real Time Information: what you need to knowIn July 2010, HM Revenue and Customs (HMRC) issued a consultation document proposing changes to the PAYE system in order to address concerns regarding the operational efficiency of the current system. Subsequently, HMRC sought views on proposals to require employers to submit PAYE information as part of the employee payment process.http://www.nabarro.com/Downloads/Employment-PAYE-real-time.pdfWed, 11 Apr 2012 00:00:00 GMThttp://www.nabarro.com/Downloads/Employment-PAYE-real-time.pdfThe application of the procurement rules to develop agreements: the debate continuesA decision by the High Court last week has provided further confirmation on the test which determines when a development agreement will be subject to the public procurement rules and when it will be a land transfer outside of the rules.http://www.nabarro.com/Downloads/Projects-application-of-the-procurement-rules-to-development-agreements.pdfThu, 05 Apr 2012 00:00:00 GMThttp://www.nabarro.com/Downloads/Projects-application-of-the-procurement-rules-to-development-agreements.pdfGeographical indications: why traceability systems matter and how they add to brand valueThis article by Louise Gellman (Nabarro LLP) and Alessandro Francesco Sciarra (SIB) reviews the European regulatory framework for traceability and is published in the Journal of Intellectual Property Law & Practice, Volume 7, Issue 4, pages 264-270http://jiplp.oxfordjournals.org/content/7/4/264.full?keytype=ref&ijkey=jCDqQZsWzClUVc7Thu, 05 Apr 2012 00:00:00 GMThttp://jiplp.oxfordjournals.org/content/7/4/264.full?keytype=ref&ijkey=jCDqQZsWzClUVc7Executive remuneration: the Government and the ABI address continuing shareholder concernsIt comes as no surprise that executive pay in the financial sector remained in the spotlight throughout 2011 and the early part of 2012. Early 2011 saw a revised version of the Financial Services Authoritys remuneration code come into force and agreement reached between the government and the UKs largest banks on executive pay levels and disclosure (Project Merlin).http://www.nabarro.com/Downloads/Executive_remuneration.pdfWed, 04 Apr 2012 00:00:00 GMThttp://www.nabarro.com/Downloads/Executive_remuneration.pdfThe new EU data law and what it will mean for businessComputerworld UK 4 April 2012. Article contributed by Belinda Doshi.http://www.computerworlduk.com/in-depth/it-business/3348900/the-new-eu-data-law-and-what-it-will-mean-for-business/Wed, 04 Apr 2012 00:00:00 GMThttp://www.computerworlduk.com/in-depth/it-business/3348900/the-new-eu-data-law-and-what-it-will-mean-for-business/Rent falling due pre-administration is not payable as an expenseThe High Court has today given judgment on how rent falling due pre-administration is to be treated.http://www.nabarro.com/Downloads/REDR Luminar.pdfTue, 03 Apr 2012 00:00:00 GMThttp://www.nabarro.com/Downloads/REDR Luminar.pdfCompliance Clarified - April 2012Compliance Clarified - April 2012http://www.nabarro.com/Downloads/Compliance_Clarified-April_2012.PDFMon, 02 Apr 2012 00:00:00 GMThttp://www.nabarro.com/Downloads/Compliance_Clarified-April_2012.PDFNational Planning Policy Framework: a new agenda for growthThe Government has published its much anticipated National Planning Policy Framework (NPPF) which is a key part of the growth agenda. It contains the well publicised new presumption in favour of sustainable development. The NPPF replaces over a thousand pages of government planning policies with a single 59-page document. So what are the key implications for developers and the planning process? http://www.nabarro.com/Downloads/Planning-National-Planning-Policy-Framework.pdfWed, 28 Mar 2012 00:00:00 GMThttp://www.nabarro.com/Downloads/Planning-National-Planning-Policy-Framework.pdfPensions Update (March 2012)Budget 2012: no surprises on pensions; Abolition of protected rights: going, going, gone; Switch to CPI: two court cases and a new consultation requirement; Contribution Notices: Regulator's powers clarified; Equalisation of benefits: Deed of Intention sufficient to change ruleshttp://www.nabarro.com/Downloads/Pensions-update-March-2012.pdfWed, 28 Mar 2012 00:00:00 GMThttp://www.nabarro.com/Downloads/Pensions-update-March-2012.pdfAbolition of protected rights: issues for employers, trustees and membersProtected rights are to be abolished from 6 April 2012. From that date no new protected rights will accrue, active members contracting-out on a protected rights basis will automatically be contracted back in to S2P and the existing statutory restrictions on protected rights will fall away.http://www.nabarro.com/Downloads/Abolition_of_protected_rights.pdfTue, 27 Mar 2012 00:00:00 GMThttp://www.nabarro.com/Downloads/Abolition_of_protected_rights.pdfSupreme Court rejects solar Feed-in-Tariff appealThe Supreme Court has rejected the Government's appeal over a Court of Appeal decision in February, which ruled that plans to introduce reduced tariff rates under the Feed-in-Tariff Scheme before the end of a consultation period were unlawful. The Supreme Court declared that DECC's application 'does not raise an arguable point of law of general public importance which ought to be considered by the Supreme Court at this time'. http://www.nabarro.com/Downloads/CCE-Supreme-Court-rejects-solar-Feed-in-Tariff-appeal.pdfTue, 27 Mar 2012 00:00:00 GMThttp://www.nabarro.com/Downloads/CCE-Supreme-Court-rejects-solar-Feed-in-Tariff-appeal.pdfUK FSA fines & bans client adviser at private wealth bankBloomberg Law Reports (27 March 2012). UK Financial Services Law - contributed by Ben Trust and Joanna Pearson.http://www.nabarro.com/Downloads/uk_fsa_fines.pdfTue, 27 Mar 2012 00:00:00 GMThttp://www.nabarro.com/Downloads/uk_fsa_fines.pdfQuarter Day Issue 89Rights of light injunctions: premature claims will be struck out; Playing fields may become more attractive for development; Port owner opposes grant of renewal lease but does not abuse a dominant position; Independent experts do you want them to have the final say? Disappointment as government consultation on pre-pack sales leads to no changehttp://www.nabarro.com/Downloads/QuarterDay-Lady-Day-March-2012.pdfFri, 23 Mar 2012 00:00:00 GMThttp://www.nabarro.com/Downloads/QuarterDay-Lady-Day-March-2012.pdfEnterprise Management Incentives: it just gets better!A number of changes to the rules governing Enterprise Management Incentive (EMI) options were announced in the Chancellors 2012 Budget on 21 March 2012.http://www.nabarro.com/Downloads/Enterprise_Management_Incentives_it_just_gets_better.pdfThu, 22 Mar 2012 00:00:00 GMThttp://www.nabarro.com/Downloads/Enterprise_Management_Incentives_it_just_gets_better.pdfReal Estate update March 2012Real Estate newsletter - March 2012http://www.nabarro.com/Downloads/Real-Estate-newsletter-March-2012.pdfMon, 19 Mar 2012 00:00:00 GMThttp://www.nabarro.com/Downloads/Real-Estate-newsletter-March-2012.pdfUKIPO to limit merger of existing UK registrationsThe UK Intellectual Property Office (UKIPO) has announced two changes in practice.http://www.nabarro.com/Downloads/IP-UKIPO-to-limit-merger-of-existing-UK-registrations.pdfMon, 19 Mar 2012 00:00:00 GMThttp://www.nabarro.com/Downloads/IP-UKIPO-to-limit-merger-of-existing-UK-registrations.pdfLegal and regulatory round-up - funds and real estate sectorThis table gives an overview of some of the main legal and regulatory proposals affecting the UK real estate investment sector. It includes details of timings and the impact of the various issues.http://www.nabarro.com/Downloads/FIRE-Legal-and-regulatory-round-up-funds-and-real-estate-industry-issues.pdfMon, 19 Mar 2012 00:00:00 GMThttp://www.nabarro.com/Downloads/FIRE-Legal-and-regulatory-round-up-funds-and-real-estate-industry-issues.pdfDECC launches £20m CCS innovation competition The Government has launched a multi-million pound innovation competition to encourage the development of innovative Carbon Capture and Storage (CCS) technologies. The competition is part of a broader four year CCS research and development programme being delivered by DECC, the Technology Strategy Board, Energy Technologies Institute and Research Councils. http://www.nabarro.com/Downloads/CCE-DECC-launches-20m-CCS-innovation-competition.pdfFri, 16 Mar 2012 00:00:00 GMThttp://www.nabarro.com/Downloads/CCE-DECC-launches-20m-CCS-innovation-competition.pdfNew social value duties introduced for public bodies procuring services contractPublic bodies will soon be required to consider how the services they are proposing to procure might add economic, social and environmental value and how they will secure such improvements through the procurement process. The changes, introduced by the Public Services (Social Value) Act 2012 which received Royal Assent this week, have not received extensive coverage so are likely to catch many public bodies unaware.http://www.nabarro.com/Downloads/Projects-New-social-value-duties-introduced.pdfWed, 14 Mar 2012 00:00:00 GMThttp://www.nabarro.com/Downloads/Projects-New-social-value-duties-introduced.pdfProximity Marketing: legal considerations for property ownersThe growth of smartphones has revitalised the potential of proximity marketing in shopping centres, exhibition spaces, concert and sports venues, and other public places.http://www.nabarro.com/Downloads/Commercial-Proximity-Marketing.pdfFri, 09 Mar 2012 00:00:00 GMThttp://www.nabarro.com/Downloads/Commercial-Proximity-Marketing.pdfTaxation of post-termination employee share and share option gains: changes ahead?Since 6 April 2011, certain termination payments made to employees after issue of their P45 have been subject to a new tax regime implemented by the Income Tax (PAYE) Regulations 2011. 'Share-based payments' (including employee shares, share options and related gains) made after the issue of the employee's P45 were carved out of the new regime, but this is set to change. Under draft regulations recently published by HM Revenue and Customs (HMRC), with effect from 6 April 2012, employers will have to apply the new regime to all taxable termination payments which are not included in the employee's P45. This will include notional payments received on the post-termination exercise of share options and release of share awards. http://www.nabarro.com/Downloads/Employment-taxation-of-post-termination-employee-share.pdfThu, 08 Mar 2012 00:00:00 GMThttp://www.nabarro.com/Downloads/Employment-taxation-of-post-termination-employee-share.pdfAIFMD – ESMA’s technical advice on third countriesFollowing the publication by the European Securities and Markets Authority (ESMA) of its technical advice on implementing the Alternative Investment Fund Managers Directive (AIFMD), this briefing, the last in our series, examines the outstanding issues in relation to third countries.http://www.nabarro.com/Downloads/Financial-Regulation-AIFMD-ESMA's-technical-advice-on-third-countries.pdfTue, 06 Mar 2012 00:00:00 GMThttp://www.nabarro.com/Downloads/Financial-Regulation-AIFMD-ESMA's-technical-advice-on-third-countries.pdfExecutive pay back in the firing lineBloomberg Law Reports (5 March 2012). UK Financial Services Law - contributed by Alasdair Steele.http://www.nabarro.com/Downloads/executive_pay_back_in_the_firing_line.pdfMon, 05 Mar 2012 00:00:00 GMThttp://www.nabarro.com/Downloads/executive_pay_back_in_the_firing_line.pdfWhat do the MiFID II proposals means for the commodity derivatives marketBloomberg Law Reports (5 March 2012). UK Financial Services Law - contributed by Adrian Brown and Sam Robinsonhttp://www.nabarro.com/Downloads/MiFID_II_Proposals_Commodity_Derivatives_Market.pdfMon, 05 Mar 2012 00:00:00 GMThttp://www.nabarro.com/Downloads/MiFID_II_Proposals_Commodity_Derivatives_Market.pdfCarried interest - tax treatmentThe amount of a carried interest paid to an executive depends on the performance of the Fund. As such, the carried interest is seen as a way of incentivising management to act in a way which is aligned with the interests of the investors in the Fund as a whole. <p></p><p>A carried interest is a small investment in the Fund by the executive, which will entitle the executive to a larger percentage of the proceeds of investment once a hurdle has been reached. The executive can invest in the carried interest in the Fund directly, but more commonly the executive will invest through a separate vehicle (often a tax transparent Scottish Limited Partnership). The use of a separate vehicle allows for easier administration of the carried interest without involving the other (non-executive) investors in the Fund and also provides a greater deal of confidentiality for those executives entitled to the carried interest.</p>http://www.nabarro.com/Downloads/Tax_Briefing_Carried_interest.pdfThu, 01 Mar 2012 00:00:00 GMThttp://www.nabarro.com/Downloads/Tax_Briefing_Carried_interest.pdfTransAtlantic March 2012Welcome to the March edition of TransAtlantic, where we look at a number of issues impacting on US companies doing business in the UK and Europe.http://www.nabarro.com/Downloads/Transatlantic-February-2012.pdfThu, 01 Mar 2012 00:00:00 GMThttp://www.nabarro.com/Downloads/Transatlantic-February-2012.pdfCompliance Clarified - February 2012Compliance update February 2012http://www.nabarro.com/Downloads/Compliance-Update-February-2012.pdfThu, 01 Mar 2012 00:00:00 GMThttp://www.nabarro.com/Downloads/Compliance-Update-February-2012.pdfFilling in the gaps on AIFMD and an update on EMIR on OTC Derivatives and Solvency IIHot on the heels of the release of the FSA discussion paper on the Alternative Investment Fund Managers Directive (AIFMD), the European Securities and Markets Authority (ESMA) recently published a short discussion paper tackling some of the key issues on scope.http://www.nabarro.com/Downloads/FIRE-Filling-in-the-gaps-on-AIFMD.pdfThu, 01 Mar 2012 00:00:00 GMThttp://www.nabarro.com/Downloads/FIRE-Filling-in-the-gaps-on-AIFMD.pdfCompliance Clarified - March 2012Compliance update March 2012http://www.nabarro.com/Downloads/Compliance-Update-March-2012.pdfThu, 01 Mar 2012 00:00:00 GMThttp://www.nabarro.com/Downloads/Compliance-Update-March-2012.pdfPensions Update (February 2012)PPF levy 2012/13: don't miss the deadlines; Automatic enrolment: an update; Financial support direction: ITV joint venture; Reduction in Lifetime Allowance: HMRC note on fixed protection; Finance Bill 2012: Asset-backed pension contributions; High Court orders judgment debtor to take his pension lump sum to pay creditorshttp://www.nabarro.com/Downloads/Pensions-update-February-2012.pdfTue, 28 Feb 2012 00:00:00 GMThttp://www.nabarro.com/Downloads/Pensions-update-February-2012.pdfCRC and co-investment structures: still confused?The Carbon Reduction Commitment Energy Efficiency Scheme (CRC) is now well under way but confusion still reigns over the application of many areas of the scheme, not least as to who, if anyone, should be responsible for funds, trusts and other structures.http://www.nabarro.com/Downloads/Corporate-CRC-and-co-investment-structures.pdfFri, 24 Feb 2012 00:00:00 GMThttp://www.nabarro.com/Downloads/Corporate-CRC-and-co-investment-structures.pdfNabarro tops ECM advisory tablesNabarro's Equity Capital Markets team has been ranked as the most active legal adviser on AIM transactions in 2011 in the Perfect Information ECM Insight market analysis report for the year (covering deals with a transactional value of 20m or more). http://www.nabarro.com/Downloads/Corporate-ECM-advisory-tables.pdfThu, 23 Feb 2012 00:00:00 GMThttp://www.nabarro.com/Downloads/Corporate-ECM-advisory-tables.pdfAre you taking steps towards "AIFMD readiness"?The FSA recently published a discussion paper setting out its provisional thoughts on how to implement the Alternative Investment Fund Managers Directive (AIFMD or the 'Directive') in the UK.http://www.nabarro.com/Downloads/FIRE-Are-you-taking-steps-towards-AIFMD-readiness.pdfWed, 22 Feb 2012 00:00:00 GMThttp://www.nabarro.com/Downloads/FIRE-Are-you-taking-steps-towards-AIFMD-readiness.pdfBrussels Update 22 February 2012EU & Competition team newsletterhttp://www.nabarro.com/Downloads/Brussels-update-22-February-2012.pdfWed, 22 Feb 2012 00:00:00 GMThttp://www.nabarro.com/Downloads/Brussels-update-22-February-2012.pdfCorporate Update - February 2012Executive remuneration - Vince Cable announces proposals; FSA consults on changes to the Listing Rules; Serious Fraud Office targets shareholder dividends; Changes to the FTSE ground rules; FRC issues guidance for directors reporting on country and currency risk; ESMA publishes Q&A on dividend policy; New EU privacy and data protection laws unveiled; AIFMD - FSA publishes discussion paper on UK implementation; FRC reports on developments in corporate governance in 2011; Eurozone exits or break-up: should we be worried?; Helping recovery in the IPO marketshttp://www.nabarro.com/Downloads/Corporate-update-February-2012.pdfWed, 22 Feb 2012 00:00:00 GMThttp://www.nabarro.com/Downloads/Corporate-update-February-2012.pdfDECC announces yet more plans to change Feed-in-Tariffs schemeThe Government has announced plans to reform the Feed-in-Tariffs (FiTs) scheme as part of a further effort which, it says, is to make the scheme more transparent and predictable. http://www.nabarro.com/Downloads/CCE-alert-feed-in-tariffs-20-February-2012.pdfMon, 20 Feb 2012 00:00:00 GMThttp://www.nabarro.com/Downloads/CCE-alert-feed-in-tariffs-20-February-2012.pdfAre you taking steps towards "AIFMD readiness"?The FSA recently published a discussion paper setting out its provisional thoughts on how to implement the Alternative Investment Fund Managers' Directive (AIFMD or Directive) in the UK.http://www.nabarro.com/Downloads/Financial-Services-Are-you-taking-steps-towards-AIFMD-readiness.pdfThu, 16 Feb 2012 00:00:00 GMThttp://www.nabarro.com/Downloads/Financial-Services-Are-you-taking-steps-towards-AIFMD-readiness.pdfHelping recovery in the IPO marketsA number of year end reports have drawn attention to the falling number of companies coming to market for the first time over the last five years in London, by more than half. Whilst IPOs in emerging and Asian markets have been relatively buoyant, commentators worry that there may be deep-seated structural problems in Europe and the US which will make it difficult for companies to access the capital they need.http://www.nabarro.com/Downloads/Helping_recovery_in_the_IPO_markets.pdfWed, 15 Feb 2012 00:00:00 GMThttp://www.nabarro.com/Downloads/Helping_recovery_in_the_IPO_markets.pdfDealing with Suppliers/Customers in financial crisisIn the current market and fragile economic climate you may be concerned about the commercial viability of your customers and suppliers and the impact that a corporate failure may have on your business. This is even more relevant if there is a heavy reliance on one or a small number of suppliers/customers.http://www.nabarro.com/Downloads/Financial_crisis.pdfTue, 14 Feb 2012 00:00:00 GMThttp://www.nabarro.com/Downloads/Financial_crisis.pdfLeases to GP partnershipsLeases to GP partnerships: symptoms of change, and immunisation for landlordshttp://www.nabarro.com/Downloads/Leases_to_GP_Partnerships.pdfTue, 14 Feb 2012 00:00:00 GMThttp://www.nabarro.com/Downloads/Leases_to_GP_Partnerships.pdfReligion or belief discriminationA number of recent developments in the area of religion and belief discrimination merit employers' attention. http://www.nabarro.com/Downloads/Employment-religion-or-belief-discrimination.pdfMon, 13 Feb 2012 00:00:00 GMThttp://www.nabarro.com/Downloads/Employment-religion-or-belief-discrimination.pdfFSA consults on proposed changes to Listing RulesThe Financial Services Authority (FSA) recently published Consultation Paper 12/2 (CP) on 26 January 2012 setting out proposals for a range of changes to the Listing Rules (LRs), the Prospectus Rules (PR) and Disclosure and Transparency Rules (DTRs). The changes are being proposed to reflect developments in market practice. The FSA's proposed changes will affect issuers of UK-listed securities and firms advising on the issuance of UK-listed securities.http://www.nabarro.com/Downloads/Corporate-FSA-changes-to-Listing-Rules.pdfMon, 13 Feb 2012 00:00:00 GMThttp://www.nabarro.com/Downloads/Corporate-FSA-changes-to-Listing-Rules.pdfFinancial Services Regulatory Training ProgrammeClients often tell us how important it is to keep their teams up to speed on legal issues and new developments. We offer a wide range of training programmes which we can deliver at your offices.http://www.nabarro.com/Downloads/10364.pdfFri, 10 Feb 2012 00:00:00 GMThttp://www.nabarro.com/Downloads/10364.pdfFinancial Services Bill published – the next step on the road to UK regulatory reformThe Government recently published the Financial Services Bill (the Bill), together with a new approach document. This is the latest step on the road to reforming the regulation of the UK's financial services industry. http://www.nabarro.com/Downloads/Financial-Services-Regulatory-Financial-Services-Bill-published.pdfFri, 10 Feb 2012 00:00:00 GMThttp://www.nabarro.com/Downloads/Financial-Services-Regulatory-Financial-Services-Bill-published.pdfOne Year On: The European Securities and Markets AuthorityBloomberg Law Reports (6 February 2012). UK Financial Services Law - contributed by Adrian Brown and Sam Robinson.http://www.nabarro.com/Downloads/One_Year_On-European_Securities_and_Markets_Authority.pdfMon, 06 Feb 2012 00:00:00 GMThttp://www.nabarro.com/Downloads/One_Year_On-European_Securities_and_Markets_Authority.pdfDraft CRC Energy Efficiency Allocation publishedDECC has recently published an updated version of the draft CRC Energy Efficiency Scheme (CRC) Allocation Regulations (the 'Regulations'). http://www.nabarro.com/Downloads/CCE-Draft-CRC-Energy-Efficiency-Allocation-published.pdfTue, 31 Jan 2012 00:00:00 GMThttp://www.nabarro.com/Downloads/CCE-Draft-CRC-Energy-Efficiency-Allocation-published.pdfCompliance Clarified - January 2012Compliance update January 2012http://www.nabarro.com/Downloads/Compliance-Update-January-2012.pdfTue, 31 Jan 2012 00:00:00 GMThttp://www.nabarro.com/Downloads/Compliance-Update-January-2012.pdfPensions Update - January 2012PPF contingent assets: certification of group company guarantees; Employer debt: flexible apportionment arrangements may assist with corporate reorganisations; Making transfers easier: DWP consults on small pots; Pension unlocking scheme ruled unlawful; Hybrid schemes: treatment of money purchase benefits on winding-up; Automatic enrolment: consultation on increasing earnings threshold; GMP equalisation: consultation on methodology issued http://www.nabarro.com/Downloads/Pensions-update-January-2012.pdfTue, 31 Jan 2012 00:00:00 GMThttp://www.nabarro.com/Downloads/Pensions-update-January-2012.pdfNew EU Privacy and Data Protection Laws Unveiled!With the words 'We have done it!', Commissioner Viviane Reding unveiled the European Commission's proposal for reform of the EU's privacy and data protection laws on 25 January. http://www.nabarro.com/Downloads/IP-IT-Alert-New-EU-Privacy-and-Data-Protection-Laws-Unveiled.pdfTue, 31 Jan 2012 00:00:00 GMThttp://www.nabarro.com/Downloads/IP-IT-Alert-New-EU-Privacy-and-Data-Protection-Laws-Unveiled.pdfCourt of Appeal rejects DECC'S Feed in Tariff subsidy appealFollowing weeks of uncertainty in the solar industry, the Court of Appeal has rejected an appeal by the Department of Energy and Climate Change against a High Court ruling that the proposed cuts to Feed-in-Tariffs (FiT) for small scale photovoltaic (PV) installations are unlawful. http://www.nabarro.com/Downloads/CCE-Court-of-Appeal-rejects-FITs-subsidy-appeal.pdfThu, 26 Jan 2012 00:00:00 GMThttp://www.nabarro.com/Downloads/CCE-Court-of-Appeal-rejects-FITs-subsidy-appeal.pdfAIFMD – FSA publishes discussion paper on UK implementationOn 23 January 2012, the Financial Services Authority (FSA) published a discussion paper (DP12/1) on the implementation of the Alternative Investment Fund Managers Directive (AIFMD).http://www.nabarro.com/Downloads/Financial-Regulation-AIFMD-FSA-publishes-discussion-paper.pdfWed, 25 Jan 2012 00:00:00 GMThttp://www.nabarro.com/Downloads/Financial-Regulation-AIFMD-FSA-publishes-discussion-paper.pdfCompany voluntary arrangementsA company voluntary arrangement (CVA) is one of the insolvency procedures available to companies that are in financial difficulty. This briefing provides a short summary of a CVA and answers some frequently asked questions. Each CVA is different and specific advice should be taken on an individual basis.http://www.nabarro.com/Downloads/Company_voluntary_arrangements-Spring_2012.pdfTue, 24 Jan 2012 00:00:00 GMThttp://www.nabarro.com/Downloads/Company_voluntary_arrangements-Spring_2012.pdfRetention of titleThe purpose of this briefing is to provide basic guidance on retention of title (ROT) clauses and claims. This briefing provides a short summary. Each case is different and specific advice should be taken on an individual basis.http://www.nabarro.com/Downloads/Retention_of_title-Spring_2012.pdfTue, 24 Jan 2012 00:00:00 GMThttp://www.nabarro.com/Downloads/Retention_of_title-Spring_2012.pdfAIFMD - ESMA's technical advice on transparency and leverageOn 16 November, the European Securities and Markets Authority (ESMA) published its technical advice on implementing the Alternative Investment Fund Managers Directive (AIFMD). In this, the third of our briefings on the AIFMD Level 2 technical advice, we examine the outstanding issues in relation to transparency and leverage.http://www.nabarro.com/Downloads/Financial-Regulation-AIFMD-ESMA’s-technical-advice-on-transparency-and-leverage.pdfTue, 24 Jan 2012 00:00:00 GMThttp://www.nabarro.com/Downloads/Financial-Regulation-AIFMD-ESMA’s-technical-advice-on-transparency-and-leverage.pdfAIFMD - ESMA publishes its technical advice on depositariesOn 16 November, the European Securities and Markets Authority (ESMA) published its technical advice on implementing the Alternative Investment Fund Managers Directive (AIFMD).<br> In the second of our briefings on the AIFMD Level 2 technical advice, we examine the outstanding issues in relation to depositarieshttp://www.nabarro.com/Downloads/AIFMD_ESMA_technical_advice_on_depositories.pdfMon, 23 Jan 2012 00:00:00 GMThttp://www.nabarro.com/Downloads/AIFMD_ESMA_technical_advice_on_depositories.pdfAIFMD – ESMA publishes its technical advice on implementing measuresOn 16 November, the European Securities and Markets Authority (ESMA) published its technical advice on implementing the Alternative Investment Fund Managers Directive (AIFMD). Taking into account the 'framework' nature of the AIFMD itself, ESMA's technical advice has been greatly anticipated as it provides further details and clarity relating to a number of areas covered within the AIFMD. http://www.nabarro.com/Downloads/Financial-Regulation-AIFMD.pdfMon, 23 Jan 2012 00:00:00 GMThttp://www.nabarro.com/Downloads/Financial-Regulation-AIFMD.pdfPayment services - processing of payment timelineTHOMSON REUTERS ACCELUS - (20 January 2012)<br> Payment services compliance update: transitional provisions for the processing of payments have now elapsed - contributed by Sam Robinsonhttp://www.nabarro.com/Downloads/Payment_services.pdfFri, 20 Jan 2012 00:00:00 GMThttp://www.nabarro.com/Downloads/Payment_services.pdfBrussels Update 19 January 2012 EU & Competition team newsletterhttp://www.nabarro.com/Downloads/Brussels-update-January-2012.pdfThu, 19 Jan 2012 00:00:00 GMThttp://www.nabarro.com/Downloads/Brussels-update-January-2012.pdf2012 - Challenging times?2011 saw international investors snap up prime London assets. Problems in the Eurozone, a scarcity of bank finance, low economic confidence and Government spending cuts all present a conundrum for 2012.http://www.nabarro.com/Downloads/2012-Challenging_Times_Real_Estate.pdfTue, 17 Jan 2012 00:00:00 GMThttp://www.nabarro.com/Downloads/2012-Challenging_Times_Real_Estate.pdfPre-packs - a guideThis note provides a short summary of pre-packs and covers some of the most frequently asked questions. Each pre-pack is different and what follows is a general overview. Specific advice should be taken in individual cases.http://www.nabarro.com/Downloads/Pre-packs_Spring_2012.pdfFri, 13 Jan 2012 00:00:00 GMThttp://www.nabarro.com/Downloads/Pre-packs_Spring_2012.pdfSafeguarding directors of distressed companiesWhen a company is in financial difficulty, additional duties can fall upon its directors. If these duties are not properly discharged, directors can face personal claims and/or disqualification. At Nabarro, we have a proven track record of helping directors to avoid these pitfalls.http://www.nabarro.com/Downloads/Safeguarding_directors-Spring_2012.pdfFri, 13 Jan 2012 00:00:00 GMThttp://www.nabarro.com/Downloads/Safeguarding_directors-Spring_2012.pdfVoid and voidable transactions on insolvencyWhen a company enters into a formal insolvency process, the administrator or liquidator appointed to it will investigate whether transactions took place in the period prior to the formal process which may have prejudiced any or all of the creditors of the company.http://www.nabarro.com/Downloads/Void_and_voidable_transactions-Spring_2012.pdfFri, 13 Jan 2012 00:00:00 GMThttp://www.nabarro.com/Downloads/Void_and_voidable_transactions-Spring_2012.pdfReal Estate update January 2012Real Estate newsletter - January 2012http://www.nabarro.com/Downloads/Real-Estate-newsletter-January-2012.pdfWed, 11 Jan 2012 00:00:00 GMThttp://www.nabarro.com/Downloads/Real-Estate-newsletter-January-2012.pdfFinancial Sector update January 2012HEADLINES: Eurozone exits or breakup: should we be worried? Leaked new EU privacy law to introduce higher fines and more stringent compliance regime; Developments to the FSA's approach to client money and assets; Is your EU trade mark too general? A recent EU opinion has put the validity of 'class heading' filings at risk; Helping recovery in the IPO markets; FSA report on the failure of Royal Bank of Scotlandhttp://www.nabarro.com/Downloads/Financial-Sector-update-January-2012.pdfWed, 11 Jan 2012 00:00:00 GMThttp://www.nabarro.com/Downloads/Financial-Sector-update-January-2012.pdfAdministration - EnglandAdministration is a statutory rescue procedure for companies that are experiencing financial difficulties. The bulk of the legislation relating to administration can be found in Schedule B1 to the Insolvency Act 1986 (the Act) and Part 2 of the Insolvency Rules 1986 (the Rules).http://www.nabarro.com/Downloads/Administration_England_Spring_2012.pdfMon, 09 Jan 2012 00:00:00 GMThttp://www.nabarro.com/Downloads/Administration_England_Spring_2012.pdfSecond Annual Pensions SurveyFollowing the launch of Nabarro LLPs Annual Pensions Survey in 2010, we have updated and expanded our questions for 2011.http://www.nabarro.com/Downloads/10387.pdfMon, 09 Jan 2012 00:00:00 GMThttp://www.nabarro.com/Downloads/10387.pdfTransAtlantic November 2011Welcome to the November edition of TransAtlantic, where we look at a number of issues impacting on US companies doing business in the UK and Europe.http://www.nabarro.com/Downloads/Transatlantic-November-2011.pdfWed, 04 Jan 2012 00:00:00 GMThttp://www.nabarro.com/Downloads/Transatlantic-November-2011.pdfRegulated Covered BondsBloomberg Law Reports (3 January 2012). UK Financial Services Law - contributed by Adrian Brown and Sam Robinsonhttp://www.nabarro.com/Downloads/Regulated_covered_bonds .pdfTue, 03 Jan 2012 00:00:00 GMThttp://www.nabarro.com/Downloads/Regulated_covered_bonds .pdfCompulsory liquidation in the UKBloomberg Law Reports (3 January 2012). Bankruptcy Law. Contributed by Benji Field.http://www.nabarro.com/Downloads/compulsory_liquidation_in_the_uk.pdfTue, 03 Jan 2012 00:00:00 GMThttp://www.nabarro.com/Downloads/compulsory_liquidation_in_the_uk.pdfAdministration - an introductionBloomberg Law Reports (3 January 2012). Bankruptcy Law - contributed by Ronan McNabb.http://www.nabarro.com/Downloads/Administration_an_introduction.pdfTue, 03 Jan 2012 00:00:00 GMThttp://www.nabarro.com/Downloads/Administration_an_introduction.pdfCorporate Governance - Boards, Audit and Risk ReportingBloomberg BNA International Financial Regulation Review (News Archive 2012). Contributed by Alasdair Steelehttp://www.nabarro.com/Downloads/Corporate_Governance_Boards_Audit_Risk_Reporting.pdfMon, 02 Jan 2012 00:00:00 GMThttp://www.nabarro.com/Downloads/Corporate_Governance_Boards_Audit_Risk_Reporting.pdfCompliance Clarified - December 2011Compliance update December 2011http://www.nabarro.com/Downloads/Compliance-Update-December-2011.pdfFri, 23 Dec 2011 00:00:00 GMThttp://www.nabarro.com/Downloads/Compliance-Update-December-2011.pdfQuarter Day Issue 88Property contracts: creating a contract by email and the importance of clear drafting; Dilapidations Protocol to become part of the Civil Procedure Rules; Interim rent: it is for the court to decide what is reasonable; Litigation or arbitration? The claimant must choose which procedure to follow; Consultation on reform of bankruptcy and winding up procedureshttp://www.nabarro.com/Downloads/QuarterDay-Christmas-Day-2011.pdfFri, 23 Dec 2011 00:00:00 GMThttp://www.nabarro.com/Downloads/QuarterDay-Christmas-Day-2011.pdfProgress on Key Issues in the FSA Business Plan 2011/12Every year, the Financial Services Authority (FSA) publishes its business plan which outlines its key priorities for the coming year. When the FSA published the Business Plan 2011/12 this April, unlike other years there was also the additional challenge of managing the regulatory reform agenda of dividing the FSAs responsibilities between the new regulatory authorities of the Prudential Regulatory Authority (PRA) and the Financial Conduct Authority (FCA).<br> This article summarises a number of the issues raised by the FSA in its latest Business Plan, and the subsequent steps that the FSA has taken in relation to these issues, which relate to certain key developments in compliance systems and obligations that will be placed on firms.<br> First published in UK Financial Services Law, 22 December 2011 edition. Contributed by Adrian Brown and Sam Robinsonhttp://www.nabarro.com/Downloads/Regulatory-progress_on_key_issues.pdfThu, 22 Dec 2011 00:00:00 GMThttp://www.nabarro.com/Downloads/Regulatory-progress_on_key_issues.pdfIndia Group update November 2011India Group update: investors support strong Indian businesseshttp://www.nabarro.com/Downloads/India-Group-update-November-2011.pdfThu, 22 Dec 2011 00:00:00 GMThttp://www.nabarro.com/Downloads/India-Group-update-November-2011.pdfTechnical update to the Electricity Market Reform White PaperOn 15 December, the Department of Energy and Climate Change (DECC) released a technical update to the Electricity Market Reform (EMR) White Paper Planning our electric future: a White Paper for secure, affordable and low-carbon electricity.http://www.nabarro.com/Downloads/CCE-electricity-market-reform-white-paper.pdfMon, 19 Dec 2011 00:00:00 GMThttp://www.nabarro.com/Downloads/CCE-electricity-market-reform-white-paper.pdfBrussels Update 16 December 2011EU & Competition team newsletterhttp://www.nabarro.com/Downloads/Brussels-update-16-December-2011.pdfFri, 16 Dec 2011 00:00:00 GMThttp://www.nabarro.com/Downloads/Brussels-update-16-December-2011.pdfPensions Update (December 2011)Chancellor's Autumn Statement/Finance Bill 2012; PPF levy 2012/13: final levy determination and contingent asset guidance/parent company guarantees; Calculating pension loss: EAT says 'pick and mix' sometimes permissible; Automatic enrolment timetable: extension for small businesses; NAPF Corporate Governance Policy and Voting Guidelines 2011; And finally http://www.nabarro.com/Downloads/Pensions-update-December-2011.pdfFri, 16 Dec 2011 00:00:00 GMThttp://www.nabarro.com/Downloads/Pensions-update-December-2011.pdfLeaked EU privacy rulesData is a key asset of modern business, and the law on privacy and data protection is therefore central to most businesses.http://www.nabarro.com/Downloads/FIRE-leaked-EU-privacy-rules.pdfThu, 15 Dec 2011 00:00:00 GMThttp://www.nabarro.com/Downloads/FIRE-leaked-EU-privacy-rules.pdfFunds trends survey 2011/12 briefingThis week we hosted a seminar launching the results of our real estate fund trends survey 2011/12. http://www.nabarro.com/Downloads/FIRE-Fund-Trends-Survey-2011-12.pdfThu, 15 Dec 2011 00:00:00 GMThttp://www.nabarro.com/Downloads/FIRE-Fund-Trends-Survey-2011-12.pdfLeaked EU privacy rules introduce substantial penaltiesIn a stunning development, the new draft EU legislation on privacy and data protection has been leaked online by the civil liberties group, Statewatch.http://www.nabarro.com/Downloads/IP-IT-Leaked-EU-privacy-rules-introduce-substantial-penalties.pdfThu, 15 Dec 2011 00:00:00 GMThttp://www.nabarro.com/Downloads/IP-IT-Leaked-EU-privacy-rules-introduce-substantial-penalties.pdfFunds trends survey 2011/12Investment appetite for risk has diminished and core funds appear now to be the preferred investment model. Large investors though are forming clubs and joint ventures or participating in co-investment opportunities with market specialists. Those who can, and have the skill and expertise, have been moving away from passive fund investment.http://www.nabarro.com/Downloads/10268.pdfWed, 14 Dec 2011 00:00:00 GMThttp://www.nabarro.com/Downloads/10268.pdfTrademark Talk - Penning a FutureNabarro's <b>Ian Lowe</b> discusses the controversial ACTA signing ceremony and ponders whether it will ever be implemented.<p>First published in <b>Intellectual Property Magazine </b>December 2011/January 2012 edition.http://www.nabarro.com/Downloads/014-IPM-Dec11Jan12-TT.pdfWed, 14 Dec 2011 00:00:00 GMThttp://www.nabarro.com/Downloads/014-IPM-Dec11Jan12-TT.pdfREITs changes releasedOn 6 December HMRC finally released the detailed draft changes to the REIT regime promised in late summer. Whilst there were a few disappointments for some, there were no major surprises.http://www.nabarro.com/Downloads/Tax-REITs-changes-released.pdfTue, 13 Dec 2011 00:00:00 GMThttp://www.nabarro.com/Downloads/Tax-REITs-changes-released.pdfFake goods in transit: carry on counterfeiting!The Court of Justice of the European Union (CJEU) has ruled that fake goods arriving from outside the EU, supposedly en route to other non-EU countries, cannot be confiscated unless there is proof they are intended for sale in the EU.http://www.nabarro.com/Downloads/IP-alert-fake-goods-in-transit.pdfThu, 08 Dec 2011 00:00:00 GMThttp://www.nabarro.com/Downloads/IP-alert-fake-goods-in-transit.pdfAIFMD – ESMA’s final adviceThe Alternative Investment Managers Directive (AIFMD) has taken another big step forward. The European Securities and Markets Authority (ESMA) has issued its final Level 2 advice on the detailed rules required to underpin AIFMD. But there is still work to be done the European Commission is expected to publish draft Level 2 rules in early 2012 and national rules must then be formulated in time for AIFMDs implementation on 22 July 2013.http://www.nabarro.com/Downloads/FIRE-alert-AIFMD–ESMAs-final-advice.pdfThu, 08 Dec 2011 00:00:00 GMThttp://www.nabarro.com/Downloads/FIRE-alert-AIFMD–ESMAs-final-advice.pdfAIFMD - ESMA's technical advice on depositariesOn 16 November, the European Securities and Markets Authority (ESMA) published its technical advice on implementing the Alternative Investment Fund Managers Directive (AIFMD).http://www.nabarro.com/Downloads/Financial-Regulations-AIFMD-ESMAs-technical-advice.pdfThu, 08 Dec 2011 00:00:00 GMThttp://www.nabarro.com/Downloads/Financial-Regulations-AIFMD-ESMAs-technical-advice.pdfHandling redundancies: maternity, temps and other potential pitfallsThe continuing economic downturn has led to a new surge in the number of employees being made redundant. In this briefing we highlight several recent developments in this area of law.http://www.nabarro.com/Downloads/Employment-handling-redundancies.pdfMon, 05 Dec 2011 00:00:00 GMThttp://www.nabarro.com/Downloads/Employment-handling-redundancies.pdfProgress on Key Issues in the FSA Business Plan 2011/12Bloomberg Law Reports (5 December 2011). UK Financial Services Law - contributed by Adrian Brown and Sam Robinson.http://www.nabarro.com/Downloads/Key_Issues_in_the_FSA_Business_Plan_2011-12.pdfMon, 05 Dec 2011 00:00:00 GMThttp://www.nabarro.com/Downloads/Key_Issues_in_the_FSA_Business_Plan_2011-12.pdfBrussels Update 1 December 2011EU & Competition team newsletterhttp://www.nabarro.com/Downloads/Brussels-update-1-December-2011.pdfFri, 02 Dec 2011 00:00:00 GMThttp://www.nabarro.com/Downloads/Brussels-update-1-December-2011.pdfCompliance Clarified - November 2011Compliance update November 2011http://www.nabarro.com/Downloads/Compliance-Update-November-2011.pdfThu, 01 Dec 2011 00:00:00 GMThttp://www.nabarro.com/Downloads/Compliance-Update-November-2011.pdfEU trade mark applicantsA formal opinion issued today in the widely-followed IP Translator (C-307/10) case puts a nail in the coffin of the 'class heading' approach to filing Community (i.e. EU-wide) trade mark applications.http://www.nabarro.com/Downloads/IP-alert-EU-trade-mark-applicants.pdfThu, 01 Dec 2011 00:00:00 GMThttp://www.nabarro.com/Downloads/IP-alert-EU-trade-mark-applicants.pdfDispute Resolution: marked changes begin in April 2012In late November, the Government unveiled plans to overhaul the current system for resolving employment disputes, coupled with far-reaching plans to revamp employment tribunals procedures and the laws governing complaints for, and in relation to, unfair dismissal, collective redundancies and TUPE transfers.http://www.nabarro.com/Downloads/Employment-Change-to-tribunal-case-resolution.pdfWed, 30 Nov 2011 00:00:00 GMThttp://www.nabarro.com/Downloads/Employment-Change-to-tribunal-case-resolution.pdfA lot of hot air?DataCentreManagement.com (November/December 2011 edition). Article contributed by John Staheli.http://www.datacentremanagement.com/news/view/a-lot-of-hot-airWed, 30 Nov 2011 00:00:00 GMThttp://www.datacentremanagement.com/news/view/a-lot-of-hot-airPensions Update (November 2011)Pensions Act 2011; Pension schemes as super-creditors: Court of Appeal rules in Nortel and Lehman Brothers; Incomplete scheme amendment: High Court offers a lifeline; Hybrid schemes: new statement from the Regulator; Reduction in Lifetime Allowance: HMRC guidance on applying for Fixed Protectionhttp://www.nabarro.com/Downloads/Pensions-update-November-2011.pdfTue, 29 Nov 2011 00:00:00 GMThttp://www.nabarro.com/Downloads/Pensions-update-November-2011.pdfSickness and holiday – agreements limiting carry-over to 15 months are lawfulHot on the heels of our latest 'Sickness and holiday' briefing, the ECJ has just confirmed that employers can rely on express national measures that limit carry-over of accrued, untaken, holiday.http://www.nabarro.com/Downloads/Employment-alert-Sickness-and-holiday-November-2011.pdfWed, 23 Nov 2011 00:00:00 GMThttp://www.nabarro.com/Downloads/Employment-alert-Sickness-and-holiday-November-2011.pdfHoliday and sickness – use it or lose it?Regular readers of our briefings will be familiar with the sickness absence/holiday rights run of cases in recent years. New tribunal and, more recently EAT, decisions are coming thick and fast. Unfortunately, they are often inconsistent and may leave employers with less clarity than before.http://www.nabarro.com/Downloads/Employment-Sickness-and-holiday-use-it-or-lose-it.pdfThu, 17 Nov 2011 00:00:00 GMThttp://www.nabarro.com/Downloads/Employment-Sickness-and-holiday-use-it-or-lose-it.pdfFSA telephone recording rules flowchart (from 14/11/2011)From March 2009, Financial Services Authority (FSA)-authorised firms have been required to record certain voice conversations and electronic communications. While firms were not required to record such conversations or communications that were made with, sent from or received on a mobile telephone or other mobile handheld electronic communication device, this exemption has been removed from November 14, 2011. <br> This flowchart summarises the types of conversations and communications that will need to be recorded under the rules in Chapter 11.8 of the Conduct of Business Sourcebook from November 14, 2011 onwards.<br> (First published by Thomson Reuters on 14 November 2011)http://www.nabarro.com/Downloads/FSA_telephone_recording_rules_flowchart.pdfMon, 14 Nov 2011 00:00:00 GMThttp://www.nabarro.com/Downloads/FSA_telephone_recording_rules_flowchart.pdfReal Estate update November 2011Real Estate newsletter - November 2011 http://www.nabarro.com/Downloads/Real-Estate-newsletter-10-November-2011.pdfThu, 10 Nov 2011 00:00:00 GMThttp://www.nabarro.com/Downloads/Real-Estate-newsletter-10-November-2011.pdfBrussels Update 10 November 2011EU & Competition team newsletterhttp://www.nabarro.com/Downloads/Brussels-Update-10-November-2011.PDFThu, 10 Nov 2011 00:00:00 GMThttp://www.nabarro.com/Downloads/Brussels-Update-10-November-2011.PDFImpact of the New “Twin Peaks” Structure of Financial Regulation on EnforcementBloomberg Law Reports (7 November 2011). UK Financial Services Law - contributed by Adrian Brown and Sam Robinson.http://www.nabarro.com/Downloads/Impact_of_the_new_uk_twin_peaks_structure.pdfMon, 07 Nov 2011 00:00:00 GMThttp://www.nabarro.com/Downloads/Impact_of_the_new_uk_twin_peaks_structure.pdfFeed-in Tariffs: rates for solar PV likely to be slashed againOn 31 October, the Department of Energy and Climate Change announced it was consulting on yet further cuts to the Feed-in Tariff scheme for solar PV.http://www.nabarro.com/Downloads/CCE-Alert-Feed-in-Tariffs-rates-for-solar-PV-likely-to-be-slashed.pdfThu, 03 Nov 2011 00:00:00 GMThttp://www.nabarro.com/Downloads/CCE-Alert-Feed-in-Tariffs-rates-for-solar-PV-likely-to-be-slashed.pdfConstruction & Engineering group newsletter - Autumn 2011Construction Act changes what you need to know; NHBC Buildmark Cover homeowners may not be required to give written notification of defects; Adjudication does a withholding notice have to be issued in order to raise a counterclaim?; Part 36 A Cautionary Tale..http://www.nabarro.com/Downloads/Construction-and-Engineering-update-October-2011.pdfTue, 01 Nov 2011 00:00:00 GMThttp://www.nabarro.com/Downloads/Construction-and-Engineering-update-October-2011.pdfFSA focuses on systems and controls with £5.95 million fine on Credit Suisse UKTHOMSON REUTERS ACCELUS (1 November 2011)<br>FSA focuses on systems and controls with 5.95 million fine on Credit Suisse UK<br>contributed by Sam Robinsonhttp://www.nabarro.com/Downloads/FSA_focuses_on_systems_and_controls_with_5.95m_fine_Credit_Suisse_UK.pdfTue, 01 Nov 2011 00:00:00 GMThttp://www.nabarro.com/Downloads/FSA_focuses_on_systems_and_controls_with_5.95m_fine_Credit_Suisse_UK.pdfCompliance Clarified - October 2011UK opposes European Commission plans for a financial transaction tax; Ramifications of the final report of the Independent Commission on Banking (ICB); Bribery Act 2010 claims its first victim; Commission publishes provisional MiFID II proposals; European Parliament and Presidency agree to ban short selling and credit default swaps; LSE acquisition of Transaction Reporting System; How prominent are your financial promotions? Changes to BIPRU FSA rules for calculating group capital requirements; FSA and Swiss Regulator launch investigation into UBS; Joint Committee publishes responses to the draft Financial Services Bill; UK Government to challenge European Central Bank rules on clearing; Consultation on anti-money laundering guidance; FSA publishes finalised guidance on remuneration; FSA publishes guidelines on 'buy out' awards for new staff; FSA updates approved persons webpagehttp://www.nabarro.com/Downloads/Compliance-Update-October-2011.pdfMon, 31 Oct 2011 00:00:00 GMThttp://www.nabarro.com/Downloads/Compliance-Update-October-2011.pdfFinancial Sector update October 2011HEADLINES: ICB Report: No big surprises so what next?; How hard is it to leave English employment law behind?; As the Euro-crisis intensifies, are we better prepared for financial institution failures?; How to lose $2.3bn before getting caught: 'rogue trader' returnshttp://www.nabarro.com/Downloads/Financial-Sector-update-October-2011.pdfFri, 28 Oct 2011 00:00:00 GMThttp://www.nabarro.com/Downloads/Financial-Sector-update-October-2011.pdfEuropean Commission publishes MiFID reform proposalsFollowing a review of the Markets in Financial Instruments Directive (MiFID), on 20 October 2011 the European Commission (the Commission) published its proposals for revisions to MiFID.http://www.nabarro.com/Downloads/Financial-Services-MiFID-review.pdfThu, 27 Oct 2011 00:00:00 GMThttp://www.nabarro.com/Downloads/Financial-Services-MiFID-review.pdfPensions Update (October 2011)PPF levy 2012/13: important information, especially for those with parent company guarantees; Identify your statutory employer(s) now; Pensions Bill: another stage completed; Employer debt: amendments delayed; LGPS reform: consultation; Pensions Regulator: DC scheme governance guidelineshttp://www.nabarro.com/Downloads/Pensions-Update-October-2011.pdfWed, 26 Oct 2011 00:00:00 GMThttp://www.nabarro.com/Downloads/Pensions-Update-October-2011.pdfBrussels Update 21 October 2011EU & Competition team newsletterhttp://www.nabarro.com/Downloads/Brussels-Update-21-October-2011.PDFFri, 21 Oct 2011 00:00:00 GMThttp://www.nabarro.com/Downloads/Brussels-Update-21-October-2011.PDFIdentifying the statutory employer: not as simple as it may seemFrom 1 November 2011 trustees are required to list each of their scheme's 'statutory employers' on the information provided to the Pensions Regulator in the scheme return previously only current participating employers had to be identified. Essentially, statutory employers are those entities that satisfy the statutory definition of employer for the purposes of employer debt, scheme funding and Pension Protection Fund eligibility and may well include employers that have ceased to participate in the scheme. The definitions are slightly different for each of the three categories and trustees may need to undertake significant investigations to satisfy the Regulator's new requirement. http://www.nabarro.com/Downloads/Pensions- Identifying-the-statutory-employer.pdfFri, 21 Oct 2011 00:00:00 GMThttp://www.nabarro.com/Downloads/Pensions- Identifying-the-statutory-employer.pdfProposed Renewables Obligation banding finally publishedAfter months of delay, the Department of Energy and Climate Change (DECC) have today launched their consultation on the banding of the Renewable Obligation Certificates (ROCs) available under the Renewables Obligation (RO) scheme. DECC claim that this review of the renewable incentives will bring forward a surge of investment in our energy infrastructure.http://www.nabarro.com/Downloads/CCE-Alert-Proposed-Renewables-Obligation-21-October-2011.pdfThu, 20 Oct 2011 00:00:00 GMThttp://www.nabarro.com/Downloads/CCE-Alert-Proposed-Renewables-Obligation-21-October-2011.pdfTribunals expedite unfair dismissal claimsAs a result of a judicial listing policy which has now been successfully piloted and rolled out nationwide, all claims for unfair dismissal only will be listed for a one day hearing to take place within 16 weeks of a claim being issued.http://www.nabarro.com/Downloads/Employment-Tribunals-expedite-unfair-dismissal-claims.pdfWed, 19 Oct 2011 00:00:00 GMThttp://www.nabarro.com/Downloads/Employment-Tribunals-expedite-unfair-dismissal-claims.pdfCorporate Governance in the spotlight againCorporate governance is firmly on the agenda this autumn, with a renewed focus on gender diversity in the boardroom and a slew of recent statements and consultations on executive remuneration.http://www.nabarro.com/Downloads/Corporate-Corporate-governance-in-the-spotlight-again.pdfTue, 18 Oct 2011 00:00:00 GMThttp://www.nabarro.com/Downloads/Corporate-Corporate-governance-in-the-spotlight-again.pdfThe FSA’s Approach to Promoting & Advising on Unregulated Collective Investment SchemesBloomberg Law Reports (17 October 2011). UK Financial Services Law - contributed by Adrian Brown and Sam Robinsonhttp://www.nabarro.com/Downloads/Unregulated_Collective_Investment_Schemes.pdfMon, 17 Oct 2011 00:00:00 GMThttp://www.nabarro.com/Downloads/Unregulated_Collective_Investment_Schemes.pdfPensions Update (September 2011)ECJ rejects retirement at 60 for airline pilots; PPF levy: the importance of being accurate; VAT recovery: The Wheels case rolls on; Drawdown: guidance for Scheme Administrators on assessing the MIR; The end of DC contracting out: further guidance from HMRC; Incorrect information: Ombudsman makes an award for lost earningshttp://www.nabarro.com/Downloads/Pensions-Update-September-2011.pdfMon, 10 Oct 2011 00:00:00 GMThttp://www.nabarro.com/Downloads/Pensions-Update-September-2011.pdfTop Level DomainsOn 19 September 2011, the Internet Corporation for Assigned Names and Numbers (ICANN) released its Guidebook to one of the biggest changes in Internet naming history. http://www.nabarro.com/Downloads/IP-new-generic-TLDs.pdfFri, 07 Oct 2011 00:00:00 GMThttp://www.nabarro.com/Downloads/IP-new-generic-TLDs.pdfFunds and Real Estate legal update 2011: key points and top tipsWe recently hosted a seminar highlighting legal updates arising over the course of this year on Regulatory update key issues on the AIFM Directive, EMIR on OTC Derivatives and Solvency II; The REITs consultation; Rights of light and Other legal updates lease guarantees, the Bribery Act and registration of fund managers with the SEC under the US Investment Advisers Act. This autumn briefing sets out the key messages from this seminar, and some practical action for your business to consider.http://www.nabarro.com/Downloads/FIRE-legal-update-october-2011.pdfWed, 05 Oct 2011 00:00:00 GMThttp://www.nabarro.com/Downloads/FIRE-legal-update-october-2011.pdfNabarro partner Brian Sher joins Justice Minister Ken Clarke at legal conference in IndiaCompetition partner Brian Sher joined Justice Minister Ken Clarke and others at a high profile conference in New Delhi on 26 September.http://www.nabarro.com/Downloads/Environment-briefing-Record-fines-handed-out-for-packaging-waste-offences.pdfTue, 04 Oct 2011 00:00:00 GMThttp://www.nabarro.com/Downloads/Environment-briefing-Record-fines-handed-out-for-packaging-waste-offences.pdfAn .xxxtreme concern for brand owners?The introduction of .xxx domain names was recently approved after many years of debate. ICM Registry, which will operate as the registry for .xxx domain names, has described .xxx as the most significant web suffix since .com was launched over 25 years ago. It is undoubtedly the most controversial. http://www.nabarro.com/Downloads/IP-xxx-domain-names.pdfTue, 04 Oct 2011 00:00:00 GMThttp://www.nabarro.com/Downloads/IP-xxx-domain-names.pdfUK Implementation of Amendments to the Prospectus DirectiveBloomberg Law Reports (3 October 2011). UK Financial Services Law - contributed by Adrian Brown and Sam Robinsonhttp://www.nabarro.com/Downloads/Amendments_to_the_prospectus_directive.pdfMon, 03 Oct 2011 00:00:00 GMThttp://www.nabarro.com/Downloads/Amendments_to_the_prospectus_directive.pdfBrussels Update 3 October 2011EU & Competition team newsletterhttp://www.nabarro.com/Downloads/Brussels-update-3-October-2011.pdfMon, 03 Oct 2011 00:00:00 GMThttp://www.nabarro.com/Downloads/Brussels-update-3-October-2011.pdfFSA Client Money & Assets: recent developmentsBloomberg Law Reports (3 October 2011). UK Financial Services Law - contributed by Adrian Brown and Sam Robinson.http://www.nabarro.com/Downloads/FSA_Client_Money.pdfMon, 03 Oct 2011 00:00:00 GMThttp://www.nabarro.com/Downloads/FSA_Client_Money.pdfPlanning for successDataCentreManagement.com (September/October 2011 edition). Article contributed by Mark Heather. http://www.datacentremanagement.com/news/view/planning-for-successFri, 30 Sep 2011 00:00:00 GMThttp://www.datacentremanagement.com/news/view/planning-for-successQuarter Day Issue 87Sale by auction: a contract will only be corrected if there is an obvious mistake; Time for a change? The Law Commission to overhaul the law on easements and covenants; Business tenancies: landlord's intention to occupy need not be a prudent business decision; Guarantors: repeat guarantees are invalid following landmark Court of Appeal decision; Rent review: improvements will be rentalised if tenants cannot provide the necessary evidence http://www.nabarro.com/Downloads/QuarterDay-Michaelmas-2011.pdfThu, 29 Sep 2011 00:00:00 GMThttp://www.nabarro.com/Downloads/QuarterDay-Michaelmas-2011.pdfEntrepreneurs' Survey 2011A regional perspective of the Yorkshire and Humberhttp://www.nabarro.com/Downloads/Entrepreneur_Survey_2011.pdfMon, 26 Sep 2011 00:00:00 GMThttp://www.nabarro.com/Downloads/Entrepreneur_Survey_2011.pdfCompliance Clarified - September 2011Compliance update September 2011http://www.nabarro.com/Downloads/Compliance-Update-September-2011.pdfWed, 14 Sep 2011 00:00:00 GMThttp://www.nabarro.com/Downloads/Compliance-Update-September-2011.pdfEmployment - Carry over of annual leaveWith the summer holiday season coming to an end, the time is apt to return to the issue of annual leave entitlement and sickness leave. http://www.nabarro.com/Downloads/Employment-Carry-over-of-annual-leave.pdfTue, 13 Sep 2011 00:00:00 GMThttp://www.nabarro.com/Downloads/Employment-Carry-over-of-annual-leave.pdfReal Estate update September 2011Real Estate newsletter - September 2011http://www.nabarro.com/Downloads/Real-Estate-update-September-2011.pdfTue, 13 Sep 2011 00:00:00 GMThttp://www.nabarro.com/Downloads/Real-Estate-update-September-2011.pdfBrussels Update 12 September 2011EU & Competition team newsletterhttp://www.nabarro.com/Downloads/Brussels-update-12-September-2011.pdfMon, 12 Sep 2011 00:00:00 GMThttp://www.nabarro.com/Downloads/Brussels-update-12-September-2011.pdfThe Financial Conduct Authority - Its role in the New UK Regulatory FrameworkBloomberg Law Reports (5 September 2011). UK Financial Services Law - contributed by Sam Robinson.http://www.nabarro.com/Downloads/Financial_conduct_authority.pdfMon, 05 Sep 2011 00:00:00 GMThttp://www.nabarro.com/Downloads/Financial_conduct_authority.pdfImplementing the AIFM Directive - Let's all wait and seeBloomberg Law Reports (5 September 2011). UK Financial Services Law - contributed by Adrian Brown.http://www.nabarro.com/Downloads/Implementing_the_aifm_directive.pdfMon, 05 Sep 2011 00:00:00 GMThttp://www.nabarro.com/Downloads/Implementing_the_aifm_directive.pdfGuidance on the future of Primary Care Trusts' EstateEarlier this month the Department of Health issued guidance on the future of Primary Care Trust Estates (PCT), in particular the transfer of property comprising 'service critical clinical infrastructure' to aspirant Community Foundation Trusts (aCFT), other NHS Trusts and Foundation Trusts (FT) (together Acquiring Trusts).http://www.nabarro.com/Downloads/Healthcare-PCT-estates.pdfTue, 30 Aug 2011 00:00:00 GMThttp://www.nabarro.com/Downloads/Healthcare-PCT-estates.pdfPFI is dead? Long live PFI!Last week the House of Commons Treasury Committee published its report on the Private Finance Initiative (PFI). The report is critical of PFI in many respects and calls for urgent reforms. http://www.nabarro.com/Downloads/Projects-PFI-is-dead.pdfFri, 26 Aug 2011 00:00:00 GMThttp://www.nabarro.com/Downloads/Projects-PFI-is-dead.pdfPensions Update (August 2011) 'Scheme pays' now operational; Finance Act 2011: HMRC materials; State pension reform: consultation response; Contracting-out: consultationhttp://www.nabarro.com/Downloads/Pensions-Update-August-2011.pdfTue, 23 Aug 2011 00:00:00 GMThttp://www.nabarro.com/Downloads/Pensions-Update-August-2011.pdfBrussels Update 19 August 2011EU & Competition team newsletter http://www.nabarro.com/Downloads/Brussels-Update-19-Aug-2011.pdfFri, 19 Aug 2011 00:00:00 GMThttp://www.nabarro.com/Downloads/Brussels-Update-19-Aug-2011.pdfShared services exemptionHMRC have published a consultation on the proposed introduction of a new VAT exemption that originates from EU law. http://www.nabarro.com/Downloads/Tax-shared-services-exemption.PDFTue, 16 Aug 2011 00:00:00 GMThttp://www.nabarro.com/Downloads/Tax-shared-services-exemption.PDFInternational employment and employers' exposure to claims in the UKWelcome to the August edition of Nabarro's employment briefing. With one eye on international travel to hotter destinations, we'll be turning our mind to international assignments of employees, overseas postings and the complex subject of 'territorial jurisdiction'. http://www.nabarro.com/Downloads/Employment-International-employment.pdfWed, 03 Aug 2011 00:00:00 GMThttp://www.nabarro.com/Downloads/Employment-International-employment.pdfHSE consultation: proposing to recover the cost of investigationsThe Health and Safety Executive wants to recover the costs it incurs in investigating a business found to be in material breach of health and safety law.http://www.nabarro.com/Downloads/Safety-Health-and-Environment-Alert-HSE-consultation.pdfMon, 01 Aug 2011 00:00:00 GMThttp://www.nabarro.com/Downloads/Safety-Health-and-Environment-Alert-HSE-consultation.pdfGetting the best out of utility providers - new opportunities for data centre developersDataCentreManagement.com (July/August 2011 edition). Article contributed by Jonathan Cohen.http://www.datacentremanagement.com/news/view/getting-the-best-out-of-utility-providers-new-opportunities-for-data-centreMon, 01 Aug 2011 00:00:00 GMThttp://www.datacentremanagement.com/news/view/getting-the-best-out-of-utility-providers-new-opportunities-for-data-centreUK Regulatory ReformReform of the regulation of the financial services sector was inevitable following the global financial crisis. These reforms ae occurring on a global scale. This page is designed to keep you up to date on the latest proposals and commentary relating to the new approach to financial regulation in an easy to follow reference guide. http://www.nabarro.com/Services-Sectors/Practice_Areas/Financial_Services_Regulatory/UK_Regulatory_ReformFri, 29 Jul 2011 00:00:00 GMThttp://www.nabarro.com/Services-Sectors/Practice_Areas/Financial_Services_Regulatory/UK_Regulatory_ReformCompulsory retirement of employees: Some good news for employersLast week, the Court of Justice of the European Union (the ECJ) delivered an important, employer-favourable, decision on compulsory retirement ages.http://www.nabarro.com/Downloads/Employment-Compulsory-retirement-of-employees.pdfThu, 28 Jul 2011 00:00:00 GMThttp://www.nabarro.com/Downloads/Employment-Compulsory-retirement-of-employees.pdfPensions Update (July 2011)Finance Act 2011: no last minute surprises for pension schemes; Automatic enrolment: the end of the accidental jobholder; Employer debt: new flexibility on corporate restructuring; Pensions Ombudsman: reminded of his investigative powers; STOP PRESS: Supreme Court rules on meaning of 'money purchase scheme'http://www.nabarro.com/Downloads/Pensions-Update-July-2011.pdfThu, 28 Jul 2011 00:00:00 GMThttp://www.nabarro.com/Downloads/Pensions-Update-July-2011.pdfCompliance Clarified - July 2011HEADLINES: FSA consults on guidance relating to the prominence of financial promotions; Government confirms dates to amend the prospectus regime; The new UK regulatory framework; FSA remuneration code FSA consults on the position of 'buy out' awards; ESMA publishes AIFMD implementing measures; Complaints Commissioner criticises FSAhttp://www.nabarro.com/Downloads/Compliance-Update-July-2011.pdfThu, 28 Jul 2011 00:00:00 GMThttp://www.nabarro.com/Downloads/Compliance-Update-July-2011.pdfBrussels Update 27 July 2011EU & Competition team newsletterhttp://www.nabarro.com/Downloads/Brussels-update-27-July-2011.pdfWed, 27 Jul 2011 00:00:00 GMThttp://www.nabarro.com/Downloads/Brussels-update-27-July-2011.pdfCourt of Appeal confirms that repeat guarantors are unlawfulA tenant's guarantor cannot be required to give a guarantee when the tenant assigns its lease. Such a guarantee will be invalid. This was confirmed today by the Court of Appeal in the long-awaited House of Fraser decision (which affirms the decision in the Good Harvest case).http://www.nabarro.com/Downloads/REDR-Court-of-Appeal-confirms-that-repeat-guarantors-are-unlawful.pdfWed, 27 Jul 2011 00:00:00 GMThttp://www.nabarro.com/Downloads/REDR-Court-of-Appeal-confirms-that-repeat-guarantors-are-unlawful.pdfReal Estate update July 2011Real Estate newsletter - July 2011http://www.nabarro.com/Downloads/Real-Estate-newsletter-July-2011.pdfTue, 26 Jul 2011 00:00:00 GMThttp://www.nabarro.com/Downloads/Real-Estate-newsletter-July-2011.pdfCorporate Update - July 2011HEADLINES: Bribery Act 2010 comes into force; UK Takeover Code: changes imminent; Prospectus requirements: two key exemptions widened; Requirement to announce inside information expanded; UK financial regulation: Government White Paper; European Commission Green Paper on corporate governance; Kay Review: investor behaviour and equity markets; PIRC: annual director elections now UK norm; Definition of a 'subsidiary': Supreme Court decisionhttp://www.nabarro.com/Downloads/Corporate-Update-July-2011.pdfMon, 25 Jul 2011 00:00:00 GMThttp://www.nabarro.com/Downloads/Corporate-Update-July-2011.pdfFinancial Sector update July 2011HEADLINES: Financial regulation reform: a blueprint; Fee estimates and the retail client; An .xxxtreme concern for brand owners?; A European trilogy on Regulation: AIFM, EMIR on OTC Derivatives and Solvency II; Changes to the FSA's approved persons regime; From the UKLA to the FCA: more intrusive supervision of issuers on the horizon?; E-money Regulations 2011; Target date set for Takeover Code amendmentshttp://www.nabarro.com/Downloads/Financial-Sector-update-July-2011.pdfThu, 21 Jul 2011 00:00:00 GMThttp://www.nabarro.com/Downloads/Financial-Sector-update-July-2011.pdfAgency Workers - the new rightsIn this video training session, members of the Nabarro employment team update you on new rights for agency workers which come into force on 1 October 2011.Thu, 21 Jul 2011 00:00:00 GMT/Services-Sectors/Practice_Areas/Employment/Agency_Workers.htmlNabarro Clarity Guide 1 - Top 10 pensions cases Welcome to our first Nabarro Clarity Guide. This is a quarterly series, which will cover important areas of law and practice for occupational pension schemes. Our intention is for you to pull out and keep the Guides for future reference. Our first Guide looks at those pensions cases that have stood the test of time and are still relevant today.http://www.nabarro.com/Downloads/Nabarro_Clarity_Guides.pdfTue, 19 Jul 2011 00:00:00 GMThttp://www.nabarro.com/Downloads/Nabarro_Clarity_Guides.pdfAn Asian perspective on European Regulation: AIFM, EMIR on OTC Derivatives and Solvency IIThere is an inescapable flow of new legal and regulatory developments emerging from the UK and US governments, from global bodies and from the European Union (EU) and which potentially affect the real estate and funds sector. http://www.nabarro.com/Downloads/FIRE-Asian-regulatory-update-July-2011.pdfMon, 11 Jul 2011 00:00:00 GMThttp://www.nabarro.com/Downloads/FIRE-Asian-regulatory-update-July-2011.pdfThe changing world of payments: can regulation keep up?THOMSON REUTERS ACCELUS TM (7 July 2011)<br>The changing world of payments: can regulation keep up?<br>contributed by Sam Robinsonhttp://www.nabarro.com/Downloads/The_changing_world_of_payments_can_regulation_keep_up.pdfThu, 07 Jul 2011 00:00:00 GMThttp://www.nabarro.com/Downloads/The_changing_world_of_payments_can_regulation_keep_up.pdfBrussels Update 6 July 2011EU & Competition team newsletter http://www.nabarro.com/Downloads/Brussels-update-6-July-2011.pdfWed, 06 Jul 2011 00:00:00 GMThttp://www.nabarro.com/Downloads/Brussels-update-6-July-2011.pdfA European trilogy on Regulation: AIFM, EMIR on OTC Derivatives and Solvency IIThere is an inescapable flow of new European legal and regulatory measures coming our way and which potentially affect the real estate and funds sector. Of particular interest are recent developments in <strong>The Alternative Investment Fund Managers Directive</strong>; <strong>The European Market Infrastructure Regulation (EMIR) on Over the Counter (OTC) Derivatives</strong>; and <strong>Solvency II</strong>. http://www.nabarro.com/Downloads/FIRE-3-regulatory-updates-July-2011.pdfWed, 06 Jul 2011 00:00:00 GMThttp://www.nabarro.com/Downloads/FIRE-3-regulatory-updates-July-2011.pdfTakeover Code amendments – transitional arrangementsThe Code Committee of the Takeover Panel has published guidance on the likely implementation date of the forthcoming Code amendments.http://www.nabarro.com/Downloads/Corporate-Takeover-Code-amendments-transitional-arrangements.pdfMon, 04 Jul 2011 00:00:00 GMThttp://www.nabarro.com/Downloads/Corporate-Takeover-Code-amendments-transitional-arrangements.pdfPensions Update (June 2011)Pensions Bill: progress; Finance Bill: progress; Employer asset-backed contributions: consultation; Automatic enrolment: more news; Public sector pensions reform: Government announcement; First contribution notice finally issuedhttp://www.nabarro.com/Downloads/Pensions-Update-June-2011.pdfTue, 28 Jun 2011 00:00:00 GMThttp://www.nabarro.com/Downloads/Pensions-Update-June-2011.pdfQuarter Day Issue 86HEADLINES: Expert witness immunity abolished: expert witnesses can now be sued for negligence; Landlords and tenants: what to do if protestors occupy your property; Action group fails in battle with developer over village green; Developers ignore restrictive covenants at their peril; Expert determinations: their role in subsequent High Court proceedingshttp://www.nabarro.com/Downloads/QuarterDay-Midsummer-2011.pdfFri, 24 Jun 2011 00:00:00 GMThttp://www.nabarro.com/Downloads/QuarterDay-Midsummer-2011.pdfFinancial regulation reform: a blueprintGeorge Osborne's Mansion House speech on regulatory reform has resulted in the publication of a consultation document and draft legislation. http://www.nabarro.com/Downloads/FIRE-Financial-Regulation-Reform.pdfWed, 22 Jun 2011 00:00:00 GMThttp://www.nabarro.com/Downloads/FIRE-Financial-Regulation-Reform.pdfReporting GHG emissionsPublished in the June 2011 edition of CSR. Contributed by Kristy Duane.http://www.nabarro.com/Downloads/Reporting_GHG_Emissions.pdfWed, 22 Jun 2011 00:00:00 GMThttp://www.nabarro.com/Downloads/Reporting_GHG_Emissions.pdfBrussels Update 17 June 2011EU & Competition team newsletter http://www.nabarro.com/Downloads/Brussels-Update-17-June-2011.pdfFri, 17 Jun 2011 00:00:00 GMThttp://www.nabarro.com/Downloads/Brussels-Update-17-June-2011.pdfDECC confirms dramatic cuts for feed-in tariffsThe Government confirmed on 9 June the reduction in feed-in tariffs available for generation of electricity by larger scale solar PV. The new tariffs will take effect from 1 August 2011.http://www.nabarro.com/Downloads/CCE-DECC-confirms-dramatic-cuts-for-feed-in-tariffs.pdfFri, 10 Jun 2011 00:00:00 GMThttp://www.nabarro.com/Downloads/CCE-DECC-confirms-dramatic-cuts-for-feed-in-tariffs.pdfEU Customs to have authority to detain parallel imports...and moreThe European Commission has published a proposed new Regulation on the power of Customs authorities in the EU to detain and destroy goods which infringe IP rights. The draft Regulation is the result of a public consultation and, if adopted, will replace Regulation 1383/2003/EC.http://www.nabarro.com/Downloads/IP-EU-Customs-parallel-imports.pdfThu, 09 Jun 2011 00:00:00 GMThttp://www.nabarro.com/Downloads/IP-EU-Customs-parallel-imports.pdfClimate Change and Energy Update - June 2011HEADLINES: Greenhouse gas reporting...soon to be mandatory?; Smart grids, smart meters...where are we now?; Driving forward energy efficiency: the EU's low carbon economy 'Roadmap'; EU proposes a new energy efficiency directive; Developing 'Licence Lite': How local authorities could become licensed suppliers of electricity; Nuclear focus: the global fallout of the Fukushima disaster; Solar Firms launch Judicial Review of decision to cut Feed-in Tariffshttp://www.nabarro.com/Downloads/Climate-Change-and-Energy-Update-June-2011.pdfMon, 06 Jun 2011 00:00:00 GMThttp://www.nabarro.com/Downloads/Climate-Change-and-Energy-Update-June-2011.pdfThe National Planning Policy Framework and DemolitionPotential changes to the country's planning policy have been proposed in a draft of the National Planning Policy Framework (NPPF) recently presented to the Government. http://www.nabarro.com/Downloads/Planning-The-National-Planning-Policy-Framework-and-Demolition.pdfFri, 03 Jun 2011 00:00:00 GMThttp://www.nabarro.com/Downloads/Planning-The-National-Planning-Policy-Framework-and-Demolition.pdfMethods of investing in SMEsA young growing company looking to raise finance from investors will need to understand the forms which an investment can take.http://www.nabarro.com/Downloads/Methods_of_investing_in_SMEs.pdfWed, 01 Jun 2011 00:00:00 GMThttp://www.nabarro.com/Downloads/Methods_of_investing_in_SMEs.pdfShariah Compliant Real Estate Funds: An Introduction Shariah law provides the framework within which the public and private aspects of the lives of Muslims are regulated. The investment world has already seen an increased demand for Shariah compliant funds, and this trend is predicted to continue. It is anticipated that fund managers will seek to access the supply of equity available from Islamic investors, leading to a rise in the number of Shariah compliant real estate funds coming to market. This will lead to exciting times, as participants look to develop fund structures that both satisfy Shariah requirements and remain attractive to investors. http://www.nabarro.com/Downloads/Shariah_Compliant_Real_Estate_Funds.pdfWed, 01 Jun 2011 00:00:00 GMThttp://www.nabarro.com/Downloads/Shariah_Compliant_Real_Estate_Funds.pdfRisks and safeguards when providing information about employeesIf you asked an employer 'for how long, after the end of the employment, do you continue to owe duties to an ex-employee?' chances are the answers would range from 'a few weeks' to 'a few months'.http://www.nabarro.com/Downloads/Employment-risks-and-safeguards-when-providing-information-about-employees.pdfWed, 01 Jun 2011 00:00:00 GMThttp://www.nabarro.com/Downloads/Employment-risks-and-safeguards-when-providing-information-about-employees.pdfPlay your cards right: summary terminations and PILONsWelcome to the June Nabarro employment briefing. This month's attention is on a recent Court of Appeal decision which focuses on the interrelation between summary dismissals, PILON (payment in lieu of notice) payments and repudiatory termination.http://www.nabarro.com/Downloads/Employment-summary-terminations-and-PILONs-June-2011.pdfWed, 01 Jun 2011 00:00:00 GMThttp://www.nabarro.com/Downloads/Employment-summary-terminations-and-PILONs-June-2011.pdfData centres: Green IssuesDataCentreManagement.com (May/June 2011 edition). Article contributed by Jonathan Cohen.http://www.datacentremanagement.com/news/view/data-centres-green-issuesWed, 01 Jun 2011 00:00:00 GMThttp://www.datacentremanagement.com/news/view/data-centres-green-issuesBrussels Update 31 May 2011EU & Competition team newsletter http://www.nabarro.com/Downloads/Brussels-Update-31-May-2011.pdfTue, 31 May 2011 00:00:00 GMThttp://www.nabarro.com/Downloads/Brussels-Update-31-May-2011.pdfValencia judgement rules that Commission failed to show evidence that land schemes are "works contracts"The European Court has delivered its much awaited judgement in the Valencia case. The case relates to the Commission's challenge against Spain that 'integrated action programmes' are public works contracts and ought to be subject to public procurement. The Court dismissed the Commission's arguments, stating that it had failed to demonstrate that the main object of the contract is a public works contract. http://www.nabarro.com/Downloads/Projects-alert-Valencia.pdfThu, 26 May 2011 00:00:00 GMThttp://www.nabarro.com/Downloads/Projects-alert-Valencia.pdfPensions Update (May 2011)Automatic enrolment: more details emerging; Life cover for late retirees: trustee exemption unclear; Annual Allowance: not too late to change the Pension Input Period; PPF levy: a successful appeal and a new three year plan; Employer entitled to act in its own interests: Prudential pensioners fail in claim for inflation-proofing; Pensions Ombudsman: help for a lost member and support for trustees; Abolition of DC contracting out: countdown to April 2012http://www.nabarro.com/Downloads/Pensions-update-May-2011.pdfWed, 25 May 2011 00:00:00 GMThttp://www.nabarro.com/Downloads/Pensions-update-May-2011.pdfMutuals and Social EnterprisesThe Government's 'Big Society' policy has, in recent months, been the subject of lively debate among public authorities and their employees, private sector providers of public services and the third sector.http://www.nabarro.com/Downloads/Projects-Mutuals-and-Social-Enterprises.PDFWed, 25 May 2011 00:00:00 GMThttp://www.nabarro.com/Downloads/Projects-Mutuals-and-Social-Enterprises.PDFLessons learnt on major PFI projectsAs part of its ongoing deficit reduction plan the Government has begun a number of initiatives to secure savings from major projects. The latest report from the National Audit Office, 'The Lessons from PFI and other projects' (28 April 2011), encourages the public sector act as a more demanding and intelligent customer, by harnessing government buying power through concerted tactics and tougher negotiation. What does this mean?http://www.nabarro.com/Downloads/Projects-Lessons-learnt-from-major-PFI-projects.pdfMon, 23 May 2011 00:00:00 GMThttp://www.nabarro.com/Downloads/Projects-Lessons-learnt-from-major-PFI-projects.pdfFSA Remuneration Code - are you ready?Bloomberg Law Reports. Corporate Governance. Contributed by Adrian Brown.http://www.nabarro.com/Downloads/FSA_Remuneration_Code.pdfFri, 20 May 2011 00:00:00 GMThttp://www.nabarro.com/Downloads/FSA_Remuneration_Code.pdfChanges to the Approved Persons RegimeBloomberg Law Reports. Controlled Functions. Contributed by Sam Robinsonhttp://www.nabarro.com/Downloads/Changes_to_the_approved_person_regime.pdfFri, 20 May 2011 00:00:00 GMThttp://www.nabarro.com/Downloads/Changes_to_the_approved_person_regime.pdfReal Estate update May 2011Real Estate newsletter - May 2011http://www.nabarro.com/Downloads/Real-Estate-newsletter-May-2011.pdfThu, 19 May 2011 00:00:00 GMThttp://www.nabarro.com/Downloads/Real-Estate-newsletter-May-2011.pdfFSA Compliance Update - significant influence controlled functionsTHOMSON REUTERS ACCELUS TM (17 May 2011) <p>FSA Compliance Update - significant influence controlled functions<br>contributed by Sam Robinsonhttp://www.nabarro.com/Downloads/FSA_Compliance_Update_Significan_influence_controlled_functions.pdfTue, 17 May 2011 00:00:00 GMThttp://www.nabarro.com/Downloads/FSA_Compliance_Update_Significan_influence_controlled_functions.pdfCCE energy efficiencyOn 10 May 2011, the Energy secretary Chris Huhne announced plans to introduce regulations to ensure rented properties meet minimum energy efficiency standards under the Green Deal.http://www.nabarro.com/Downloads/CCE-Alert-Energy-efficiency.pdfMon, 16 May 2011 00:00:00 GMThttp://www.nabarro.com/Downloads/CCE-Alert-Energy-efficiency.pdfNabarro responds to EU consultation on public procurement reformsNabarro has submitted a comprehensive response to the European Commission's consultation on the modernisation of the public procurement rules. http://www.nabarro.com/Downloads/Projects-procurement-consultation.pdfThu, 12 May 2011 00:00:00 GMThttp://www.nabarro.com/Downloads/Projects-procurement-consultation.pdfBrussels Update 12 May 2011EU & Competition team newsletterhttp://www.nabarro.com/Downloads/Brussels-Update-12-May-2011.pdfThu, 12 May 2011 00:00:00 GMThttp://www.nabarro.com/Downloads/Brussels-Update-12-May-2011.pdfHMRC to appeal decision in DV3 RS Limited PartnershipFollowing our recent briefing on the DV3 decision, the Tax Tribunal has confirmed that HMRC have submitted an application to appeal the First Tier Tribunal's decision.http://www.nabarro.com/Downloads/Tax-alert-DV3-28-April-2011.pdfThu, 28 Apr 2011 00:00:00 GMThttp://www.nabarro.com/Downloads/Tax-alert-DV3-28-April-2011.pdfBrussels Update 26 April 2011EU & Competition team newsletterhttp://www.nabarro.com/Downloads/Brussels-update-26-April-2011.pdfTue, 26 Apr 2011 00:00:00 GMThttp://www.nabarro.com/Downloads/Brussels-update-26-April-2011.pdfConstruction & Engineering group newsletter - Spring 2011Site Waste Management Plans: beware unlimited fines for client and contractor; Contractors' rights to suspend works and terminate contracts under FIDIC and the UAE Civil Code; Abolition of expert witness immunity by the Supreme Court - implications for the resolution of constructions disputes; Be careful what you say - the erosion of the sanctity of the 'Without Prejudice' rule; Competition Appeal Tribunal slashes OFT construction fineshttp://www.nabarro.com/Downloads/Construction-and-Engineering-update-April-2011.pdfWed, 20 Apr 2011 00:00:00 GMThttp://www.nabarro.com/Downloads/Construction-and-Engineering-update-April-2011.pdfPensions Update (April 2011)Pensions Bill: progress; State pension reform: consultation; Finance Bill: progress; Early access to pensions put on hold; Local Authority workforce code abolished; GMP increase order 2011; HMRC updates guidance for scheme administrators; Statutory money purchase illustrations: BAS proposes changeshttp://www.nabarro.com/Downloads/Pensions-Update-April-2011.pdfWed, 20 Apr 2011 00:00:00 GMThttp://www.nabarro.com/Downloads/Pensions-Update-April-2011.pdfRetail Update April 2011HEADLINES: The Bribery Act 2010; Employment UK new employment rights at a glance; Health & Safety; Planninghttp://www.nabarro.com/Downloads/Retail-Group-update-April-2011.pdfWed, 20 Apr 2011 00:00:00 GMThttp://www.nabarro.com/Downloads/Retail-Group-update-April-2011.pdfPodcast: Nabarro on 2011 employment law changesListen to Michal Stein discuss compulsory retirement and other April 2011 employment law changes with Jeya Thiruchelvam of XpertHR.Wed, 20 Apr 2011 00:00:00 GMThttp://www.nabarro.com/Services-Sectors/Practice_Areas/Employment/Justifying_a_compulsory_retirement_age.htmlThe James ReviewThe long awaited 'Review of Capital Education' has finally been published and, as expected, the report focuses on the bureaucracy involved in the Building Schools for the Future (BSF) programme, summarising it as 'cumbersome', with accountability for time, cost and quality being dispersed across a raft of individual capital investment programmes. http://www.nabarro.com/Downloads/Projects-The-James-Review.pdfTue, 19 Apr 2011 00:00:00 GMThttp://www.nabarro.com/Downloads/Projects-The-James-Review.pdfTo lease or not to lease?When looking at acquiring new premises, a new start up company needs to balance flexibility and cost.http://www.nabarro.com/Downloads/To_lease_or_not_to_lease.pdfFri, 15 Apr 2011 00:00:00 GMThttp://www.nabarro.com/Downloads/To_lease_or_not_to_lease.pdfWould you like a side of VAT with that Burger?The ECJ has recently published its judgment in the joint cases of Manfred Bog, CinemaxX, Lohneyer and Fleifscherei regarding the sale of hot food.http://www.nabarro.com/Downloads/Tax-Would-you-like-a-side-of-VAT-with-that-Burger.pdfThu, 14 Apr 2011 00:00:00 GMThttp://www.nabarro.com/Downloads/Tax-Would-you-like-a-side-of-VAT-with-that-Burger.pdfSolvency II - funds and real estate industry issuesThe response to the financial crisis is producing a continual stream of proposals to monitor. In many cases, they dont hit the mark, or hit the wrong one. Solvency II does not sound as if it has a real estate angle. However, once its capital requirements are read, it clearly does.http://www.nabarro.com/Downloads/FIRE-Solvency-II-April-2011.pdfWed, 13 Apr 2011 00:00:00 GMThttp://www.nabarro.com/Downloads/FIRE-Solvency-II-April-2011.pdfACTA - should EU member states reject it?Ian Lowe of Nabarro LLP looks at the concerns over ACTAhttp://www.nabarro.com/Downloads/ACTA-article-Ian-Lowe.pdfWed, 13 Apr 2011 00:00:00 GMThttp://www.nabarro.com/Downloads/ACTA-article-Ian-Lowe.pdfA change in attitudes towards making generics "clear the way"?Is the UK about to dismantle a hurdle to the launch of a generic pharmaceutical product, asks Nabarro's Jonathan Radcliffe.http://www.nabarro.com/Downloads/The-patent-files-Jonathan-Radcliffe-1.pdfWed, 13 Apr 2011 00:00:00 GMThttp://www.nabarro.com/Downloads/The-patent-files-Jonathan-Radcliffe-1.pdfAgency Workers GuidanceOn 1 April 2011, the Government published the long-awaited (draft) guidance on the Agency Workers Regulations 2010 (the Regulations). http://www.nabarro.com/Downloads/Employment-Government-guidance-on-Temps-Rules.pdfWed, 13 Apr 2011 00:00:00 GMThttp://www.nabarro.com/Downloads/Employment-Government-guidance-on-Temps-Rules.pdfBasel III – an overview of the new banking and liquidity requirementsOn 12 September 2010, the Basel Committee on Banking Supervision (BCBS), following a period of consultation with the banking sector, agreed increases in capital and new liquidity requirements for banks. The new global standards will be more prescriptive concerning the type of capital that banks will be required to maintain in future and the new liquidity standards will specify the types of assets that banks must hold to meet cash flow and collateral needs efficiently.http://www.nabarro.com/Downloads/Banking-and-finance-Basel-III-Jan-2011.pdfMon, 11 Apr 2011 00:00:00 GMThttp://www.nabarro.com/Downloads/Banking-and-finance-Basel-III-Jan-2011.pdfThe end of the principle in Hastings-BassThe rule in Hastings-Bass had been settled law for many years. Trustees and other fiduciaries were able to apply to the court to set aside as void a decision arising from an exercise of their discretionary power which later turned out to have unforeseen or unintended consequences. http://www.nabarro.com/Downloads/Tax-The-end-of-the-principle-in-Hastings-Bass.pdfMon, 11 Apr 2011 00:00:00 GMThttp://www.nabarro.com/Downloads/Tax-The-end-of-the-principle-in-Hastings-Bass.pdfTackling SDLT avoidanceHMRC have lost the first ever SDLT avoidance case in the First Tier Tribunal (FTT). http://www.nabarro.com/Downloads/Tax-tackling-SDLT-avoidance.pdfThu, 07 Apr 2011 00:00:00 GMThttp://www.nabarro.com/Downloads/Tax-tackling-SDLT-avoidance.pdfThe Bribery Act: are you and your investee companies prepared?The Ministry of Justice (MoJ) recently announced that the Bribery Act 2010 will come into force on 1 July 2011. Although private equity and venture capital firms (firms) operating in the regulated sector are already subject to various anti-corruption requirements, now is a good opportunity for firms to: Ensure that they are familiar with the scope of the offences created by the Bribery Act; Understand the risks in relation to investee companies and at the firm level; and Prepare for the practical impact of the legislation in the context of transactions and doing business generally. http://www.nabarro.com/Downloads/Private-Equity-Venture-Capital-The-Bribery-Act-April-2011.pdfThu, 07 Apr 2011 00:00:00 GMThttp://www.nabarro.com/Downloads/Private-Equity-Venture-Capital-The-Bribery-Act-April-2011.pdfFinancial Sector update April 2011HEADLINES: Takeover Code amendments: empowering targets against unwanted approaches; Payment Services Compliance - Have you considered issuing e money?; Investment Trust Companies: A modernised onshore fund vehicle on the horizon; What is the true cost of your property?; Regulatory developments and EMIRhttp://www.nabarro.com/Downloads/Financial-Sector-update-April-2011.pdfThu, 07 Apr 2011 00:00:00 GMThttp://www.nabarro.com/Downloads/Financial-Sector-update-April-2011.pdfHeaney Appeal SettledThe appeal of the High Court Judgment in the Heaney case has settled before it reached the Court of Appeal. http://www.nabarro.com/Downloads/REDR-Heaney-appeal-settled.pdfTue, 05 Apr 2011 00:00:00 GMThttp://www.nabarro.com/Downloads/REDR-Heaney-appeal-settled.pdfGovernment abolishes the local authority workforce codeThe government has announced that it has abolished the Code of Practice on Workforce Matters in Local Authority Service Contracts and a similar Code for other Best Value authorities. http://www.nabarro.com/Downloads/Employment-Government-abolishes-the-local-authority-workforce-code.pdfTue, 05 Apr 2011 00:00:00 GMThttp://www.nabarro.com/Downloads/Employment-Government-abolishes-the-local-authority-workforce-code.pdfEmployers: major new obligation to enrol employees in a qualifying pension scheme – start planning nowEmployers will soon have to start paying pension contributions for most of their employees aged between 22 and state pension age. Implementation of the auto enrolment new regime will start from 1 October 2012. The new legal requirements will involve changes for almost all UK employers, even those with long-established pension schemes so it is important to start planning now. http://www.nabarro.com/Downloads/Pensions-Auto-enrolment.pdfTue, 05 Apr 2011 00:00:00 GMThttp://www.nabarro.com/Downloads/Pensions-Auto-enrolment.pdfDefence Transparency Agenda: openness, security and commercial sensitivityUnder its Transparency Agenda, the Government aims to publish government tender and contractual information. The idea is to allow the public to see more clearly where money is being spent and on what. http://www.nabarro.com/Downloads/Defence-Defence-Transparency-Agenda.pdfMon, 04 Apr 2011 00:00:00 GMThttp://www.nabarro.com/Downloads/Defence-Defence-Transparency-Agenda.pdfPlanning to avoid disruptionDataCentreManagement.com (March/April 2011 edition). Article contributed by Nicola Insley.http://www.datacentremanagement.com/news/view/planning-to-avoid-disruptionFri, 01 Apr 2011 00:00:00 GMThttp://www.datacentremanagement.com/news/view/planning-to-avoid-disruptionTransatlantic March 2011Welcome to the March 2011 edition of TransAtlantic, where we look at a number of issues that impact US companies doing business in the UK.http://www.nabarro.com/Downloads/Transatlantic-March-2011.pdfThu, 31 Mar 2011 00:00:00 GMThttp://www.nabarro.com/Downloads/Transatlantic-March-2011.pdfExperience or exploitation?Unpaid work has hit the headlines more than once in the past few months. David Cameron exhorted jobseekers to take it up for the sake of the Big Society; whilst some of our famous London galleries and museums have been accused of exploitation by Luciana Berger (the Labour MP) for the length of their unpaid (or expenses-only) internships. http://www.nabarro.com/Downloads/Employment-Experience-or-exploitation.pdfThu, 31 Mar 2011 00:00:00 GMThttp://www.nabarro.com/Downloads/Employment-Experience-or-exploitation.pdfBribery Act 2010 in force from 1 July 2011The Ministry of Justice has published its guidance on the procedures businesses can put in place to protect themselves against liability for bribery by those associated with them.http://www.nabarro.com/Downloads/Corporate-Alert-Bribery-Act.pdfThu, 31 Mar 2011 00:00:00 GMThttp://www.nabarro.com/Downloads/Corporate-Alert-Bribery-Act.pdfRegulatory Developments and EMIR - funds and real estate industry issuesThere is an ever increasing volume of new legal and regulatory measures coming our way and which potentially affect the real estate and funds sector.http://www.nabarro.com/Downloads/FIRE-Regulatory-developments-and-EMIR.pdfThu, 31 Mar 2011 00:00:00 GMThttp://www.nabarro.com/Downloads/FIRE-Regulatory-developments-and-EMIR.pdfBrussels Update 29 March 2011EU & Competition team newsletterhttp://www.nabarro.com/Downloads/Brussels-update-29-March-2011.pdfTue, 29 Mar 2011 00:00:00 GMThttp://www.nabarro.com/Downloads/Brussels-update-29-March-2011.pdfPrepack administrations and CVAs: current practice and implications for investorsThe outlook for the UK economy continues to be uncertain. Business failure and tenant administration are commonplace problems for landlords and property investors.http://www.nabarro.com/Downloads/REDR-and-Insolvency-Prepack-administrations-and-CVAs.pdfMon, 28 Mar 2011 00:00:00 GMThttp://www.nabarro.com/Downloads/REDR-and-Insolvency-Prepack-administrations-and-CVAs.pdfQuarter Day Issue 85HEADLINES: Break notices: when a defective notice can still terminate the lease; Beware! A valid contract can be formed by an exchange of emails; Occupier's liability: Council not liable for reckless behaviour; Judicial review: how to challenge public law decisions; Rights of way: how to establish a right of way over your neighbour's propertyhttp://www.nabarro.com/Downloads/QuarterDay-Lady-Day-2011.pdfFri, 25 Mar 2011 00:00:00 GMThttp://www.nabarro.com/Downloads/QuarterDay-Lady-Day-2011.pdfPensions Update (March 2011)Budget 2011: no surprises for pensions; Sex based annuity rates: outlawed from December 2012; Scheme pays: detail left to administrators; Public Sector pensions: Hutton Report and Fair Deal review; Abolition of DC contracting-out: on your marks for 2012; Ineffective equalisation: the importance of the power of amendment; Overturning trustee decisions: after Hastings Bass; 6 April 2011: lots of new regulationshttp://www.nabarro.com/Downloads/Pensions-Update-March-2011.pdfFri, 25 Mar 2011 00:00:00 GMThttp://www.nabarro.com/Downloads/Pensions-Update-March-2011.pdfTakeover Code amendments: the detail is revealedThe Takeover Panel has finally produced draft proposals to implement the Code Committee's recommendations from October 2010, which largely reflect and expand on the previous conclusions (despite some last minute lobbying from the private equity industry in particular).http://www.nabarro.com/Downloads/Corporate-briefing-Takeover-Code-March-2011.pdfThu, 24 Mar 2011 00:00:00 GMThttp://www.nabarro.com/Downloads/Corporate-briefing-Takeover-Code-March-2011.pdfThe PAYE treatment of termination paymentsLate last year, HMRC announced changes to the taxation regime of termination payments. Details of the changes have recently been published in Regulations.http://www.nabarro.com/Downloads/Employment-Tax-PAYE-termination-payments.pdfThu, 24 Mar 2011 00:00:00 GMThttp://www.nabarro.com/Downloads/Employment-Tax-PAYE-termination-payments.pdfCCE FITs for larger scale solarToday, 18 March, the Department for Energy and Climate Change announced their proposals to reduce the financial support available to larger scale solar PV under the Feed-in Tariff Scheme. http://www.nabarro.com/Downloads/CCE-FITs-for-larger-scale-solar.pdfWed, 23 Mar 2011 00:00:00 GMThttp://www.nabarro.com/Downloads/CCE-FITs-for-larger-scale-solar.pdfPreparing for your AGM in 2011 – listed companiesThis briefing outlines the decisions and actions that listed companies need to consider as they prepare for 2011 AGMs. http://www.nabarro.com/Downloads/Corporate-Preparing-for-your-AGM-in-2011.pdfWed, 23 Mar 2011 00:00:00 GMThttp://www.nabarro.com/Downloads/Corporate-Preparing-for-your-AGM-in-2011.pdfPayment services compliance update - have you considered issuing e-money?THOMSON REUTERS ACCELUS TM (21 March 2011) <br>Payment services compliance update - have you considered issuing e-money?<br> contributed by Sam Robinsonhttp://www.nabarro.com/Downloads/Payment_services_compliance_update_e-money.pdfMon, 21 Mar 2011 00:00:00 GMThttp://www.nabarro.com/Downloads/Payment_services_compliance_update_e-money.pdfPPF levy 2011/2012 and 2012/13: don’t miss the deadlinesDeadlines for submitting information to the PPF for the 2011/12 and 2012/13 levy are looming. It is very important for schemes not to miss these if they wish that information to be taken into account in the calculation of the levy. Failure to provide the information on time will mean missing out on a potential reduction in the risk-based levy.http://www.nabarro.com/Downloads/Pensions-alert-PPF-levy-dont-miss-the-deadlines.pdfTue, 15 Mar 2011 00:00:00 GMThttp://www.nabarro.com/Downloads/Pensions-alert-PPF-levy-dont-miss-the-deadlines.pdfHandling grievances at workIn this recorded session, members of the Nabarro employment team examine how you may identify and deal with a grievance under the ACAS Code of Practice; look at the practical steps you can take to maximise compliance with the current legal regime; explore the issues of privilege within the grievance process and review the pros and cons for using private or judicial mediation. Tue, 15 Mar 2011 00:00:00 GMT/Services-Sectors/Practice_Areas/Employment/Grievance.htmlClimate Change and Energy Update - March 2011HEADLINES: Government aims to 'revolutionise' renewable heat; Government 'clarifies' application of State Aid rules to the Feed-in Tariff; CRC: the first round of reforms to become law on 1 April 2011; Going greener: the Coalition's Green Deal policy continues to develop; Nuclear news: recent developments in the nuclear energy sector; Wind Energy; The first review of the Feed-In Tariff Scheme begins earlyhttp://www.nabarro.com/Downloads/Climate-Change-and-Energy-Update-March-2011.pdfMon, 14 Mar 2011 00:00:00 GMThttp://www.nabarro.com/Downloads/Climate-Change-and-Energy-Update-March-2011.pdfReal Estate update March 2011Real Estate newsletter - March 2011http://www.nabarro.com/Downloads/Real-Estate-Newsletter-March-2011.pdfMon, 14 Mar 2011 00:00:00 GMThttp://www.nabarro.com/Downloads/Real-Estate-Newsletter-March-2011.pdfA change in the English Patent Court's attitude - clear the wayThe recent case of Cephalon Inc v Orchid Europe gives the first signs that the UK may be about to dismantle the hurdle - unknown in mainland Europe - of 'clearing the way', which is put in the way of the launch of a generic pharmaceutical product. http://www.nabarro.com/Downloads/Life-Sciences-IP-clearing-the-way.pdfFri, 11 Mar 2011 00:00:00 GMThttp://www.nabarro.com/Downloads/Life-Sciences-IP-clearing-the-way.pdfRights of light - Guide to registering a light obstruction noticeOur guide to preventing the acquisition of a right of light, using a Light Obstruction Noticehttp://www.nabarro.com/Downloads/Rights_of_Light_guide.pdfTue, 08 Mar 2011 00:00:00 GMThttp://www.nabarro.com/Downloads/Rights_of_Light_guide.pdfLast few weeks to retire an employeeIf you want to retire an employee without running the risk of age discrimination claims, you now only have a few weeks to do so. http://www.nabarro.com/Downloads/Employment-relating-to-retiring-employees.pdfMon, 07 Mar 2011 00:00:00 GMThttp://www.nabarro.com/Downloads/Employment-relating-to-retiring-employees.pdfBrussels Update 4 March 2011EU & Competition team newsletterhttp://www.nabarro.com/Downloads/Brussels-update-4-March-2011.pdfFri, 04 Mar 2011 00:00:00 GMThttp://www.nabarro.com/Downloads/Brussels-update-4-March-2011.pdfReal estate fund managers - time to consolidateIn challenging times, real estate fund managers still have plenty to be positive about.http://www.nabarro.com/Downloads/FIRE-Consolidation-in-real estate-funds-sector.pdfMon, 28 Feb 2011 00:00:00 GMThttp://www.nabarro.com/Downloads/FIRE-Consolidation-in-real estate-funds-sector.pdfKeeping tabs on your employees in cyberspace: the why and howIncreasingly, employees use social media forums such as Twitter, Facebook and LinkedIn and increasingly such use blurs the distinction between personal and working life. Earlier this month, the Press Complaints Commission (PCC) ruled that a civil servant's comments on Twitter regarding her work and personal life were 'public' and, therefore, 'published'. This follows a number of other cases ranging from using information on Facebook in recruitment decisions to ownership of forums' contact lists. http://www.nabarro.com/Downloads/Employment-keeping-tabs-on-your-employees-in-cyberspace.pdfMon, 28 Feb 2011 00:00:00 GMThttp://www.nabarro.com/Downloads/Employment-keeping-tabs-on-your-employees-in-cyberspace.pdfPensions Update (February 2011)Abolition of default retirement age: confusing developments; GMP equalisation: still on the cards; Annual allowance: provision of information; Scheme administrators to provide HMRC with NI numbers from 6 April 2011: an update; Transfers of pensions in payment: relaxation for individuals with NMPA 50 http://www.nabarro.com/Downloads/Pensions-Update-Feb-2011.pdfThu, 24 Feb 2011 00:00:00 GMThttp://www.nabarro.com/Downloads/Pensions-Update-Feb-2011.pdfLegal Week & Nabarro podcast - managing risksIn this video, Nabarro real estate dispute resolution partner Nick Lloyd talks to Legal Week editor-in-chief John Malpas about managing risk for occupiers, guarantors and assignments.Thu, 24 Feb 2011 00:00:00 GMThttp://mediazone.brighttalk.com/comm/INCLegalWeek/6f125a44d4-22352-4464-23690Bonus allocationsPlease click on the link below to view our video training session which sets out the role of HR in the bonus allocation process. This short piece guides you through the main principles governing the exercise of discretion and issues surrounding good and bad leavers, as well as the main requirements of the FSA Code of Practice on Remuneration and how your organisation can deal with them. Please note that although this session was recorded before the government published the final version of the Code, it covers the main issues affecting most employers. Wed, 23 Feb 2011 00:00:00 GMThttp://mediazone.brighttalk.com/comm/INCLegalWeek/c806529fd9-22844-4560-24242Employee inventions: sharing the profitsAn employee who made an invention in respect of which his employer secured a patent was entitled to a fair share of the employer's 23m actual royalties. http://www.nabarro.com/Downloads/Employment-Employee-inventions-alert.pdfTue, 22 Feb 2011 00:00:00 GMThttp://www.nabarro.com/Downloads/Employment-Employee-inventions-alert.pdfThe latest on the Safeguarding Vulnerable Groups Act 2006This month (February 2011), the Protection of Freedoms Bill was introduced to Parliament. This Bill is designed to implement the outcome of its recent review on vetting and barring (introduced by the Safeguarding Vulnerable Groups Act 2006) and criminal records. In short, the Government intends to scale back the existing legislation protecting vulnerable groups to common sense levels.http://www.nabarro.com/Downloads/Commercial-IT-latest-on-Safeguarding-Vulnerable-Groups-Act-2006.pdfMon, 21 Feb 2011 00:00:00 GMThttp://www.nabarro.com/Downloads/Commercial-IT-latest-on-Safeguarding-Vulnerable-Groups-Act-2006.pdfInvestment Trust Companies: A modernised onshore fund vehicle on the horizonIn December 2010, HM Treasury published a summary of the responses they received in respect of their consultation on the reform of Investment Trust Companies (ITCs). We now have a much clearer idea of what the new ITC regime may look like.http://www.nabarro.com/Downloads/tax-investment-trust-companies.pdfMon, 21 Feb 2011 00:00:00 GMThttp://www.nabarro.com/Downloads/tax-investment-trust-companies.pdfCompetitor collaborations: new EU guidelines and US law comparedArticle by Brian Sher and Barbara Sicalides. First published in the PLC Cross-border Competition Handbook 2011 and reproduced with the permission of the publisher, Practical Law Company.http://www.nabarro.com/Downloads/Competitor_collaborations_new_EU_guidelines_and_US_law_compared.pdfTue, 15 Feb 2011 00:00:00 GMThttp://www.nabarro.com/Downloads/Competitor_collaborations_new_EU_guidelines_and_US_law_compared.pdfAsian Popular Property Investment VehiclesFunds and Indirect Real Estate quick reference guidehttp://www.nabarro.com/Downloads/9733.pdfMon, 14 Feb 2011 00:00:00 GMThttp://www.nabarro.com/Downloads/9733.pdfFSA Remuneration Code: out with the old, in with newThe new FSA remuneration code (the Code) came into effect on 1 January 2011. The Code's remit now reaches beyond banks to the fund management sector. Final rules on the Code were published in a policy statement by the FSA released on 17 December 2010.http://www.nabarro.com/Downloads/FSA-Remuneration-Code-out-with-old-in-with-new.pdfMon, 14 Feb 2011 00:00:00 GMThttp://www.nabarro.com/Downloads/FSA-Remuneration-Code-out-with-old-in-with-new.pdfAIFM Directive - the final outcome and its impact on hedge fundsWe have all been poised for months. It has been over a year and a half since the first draft of the Alternative Investment Fund Managers Directive (the AIFM Directive) was put on the table by the European Commission. On 11 November 2010 Europe reached agreement. The upshot is a messy compromise over the marketing of third country funds, a crackdown on pay and a heavy compliance burden for fund managers.http://www.nabarro.com/Downloads/Ready-AIFM-Fire-AIFM-Directive-final-outcome-hedge-funds.pdfMon, 14 Feb 2011 00:00:00 GMThttp://www.nabarro.com/Downloads/Ready-AIFM-Fire-AIFM-Directive-final-outcome-hedge-funds.pdfAIFM Directive - the final outcome and its impact on hedge funds outside EuropeWe have all been poised for months. It has been over a year and a half since the first draft of the Alternative Investment Fund Managers Directive (the AIFM Directive) was put on the table by the European Commission. On 11 November 2010 Europe reached agreement. The upshot is a messy compromise over the marketing of third country funds, a crackdown on pay and a heavy compliance burden for fund managers.http://www.nabarro.com/Downloads/Ready-AIFM-Fire-AIFM-Directive-final-outcome-hedge-funds-outside-europe.pdfMon, 14 Feb 2011 00:00:00 GMThttp://www.nabarro.com/Downloads/Ready-AIFM-Fire-AIFM-Directive-final-outcome-hedge-funds-outside-europe.pdfLondon Mayor has no trade mark rights in "Boris": but still wins back domain nameBoris Johnson, the Mayor of London, has succeeded in winning back the <backboris.com> domain name. http://www.nabarro.com/Downloads/IP-backboris-com.pdfFri, 11 Feb 2011 00:00:00 GMThttp://www.nabarro.com/Downloads/IP-backboris-com.pdfHighlights of the Health and Social Care Bill 2011Emotions have been running high over the implications of the new Health and Social Care Bill which was published on 19 January 2011.http://www.nabarro.com/Downloads/Healthcare-Health-and-Social-Care-Bill-2011.pdfThu, 10 Feb 2011 00:00:00 GMThttp://www.nabarro.com/Downloads/Healthcare-Health-and-Social-Care-Bill-2011.pdfCounterfeit goods in transit can be seized by Customs in the EU…sometimesThe Advocate General of the Court of Justice of the European Union (CJEU) has just published his Opinion in <i>Nokia Corporation v HMRC. </i><p></p> The case was referred by the English High Court and involves the detention by UK Customs of allegedly counterfeit goods which were subject to the 'external transit' Customs procedure. <p></p> The AG's Opinion is not binding, but in the majority of cases judges in the CJEU follow the AG's Opinion. If the CJEU does so in this case, it would mean that in certain circumstances Customs authorities in the EU can seize goods which are subject to the external transit procedure. The AG's proposed test could, however, be applied very differently in individual EU Member States. <p></p>http://www.nabarro.com/Downloads/IP-counterfeit-goods-in-transit.pdfWed, 09 Feb 2011 00:00:00 GMThttp://www.nabarro.com/Downloads/IP-counterfeit-goods-in-transit.pdfLife after Lord YoungLord Young may no longer be an adviser to the Coalition - but his legacy lives on. A number of the recommendations from his report <i>'Common Sense, Common Safety'</i> have recently started to take effect: http://www.nabarro.com/Downloads/H&S-alert-Life-after-Lord-Young.pdfTue, 08 Feb 2011 00:00:00 GMThttp://www.nabarro.com/Downloads/H&S-alert-Life-after-Lord-Young.pdfILPA Private Equity PrinciplesThe Institutional Limited Partners Association (ILPA) private equity principles, the second version of which were released in January 2011, were devised as a means to restore and strengthen the basic alignment of interests position within private equity, and thus aid recovery and growth.http://www.nabarro.com/Downloads/FIRE-ILPA-Private-Equity-Principles.pdfMon, 07 Feb 2011 00:00:00 GMThttp://www.nabarro.com/Downloads/FIRE-ILPA-Private-Equity-Principles.pdfHe thinks like an investor and acts like an entrepreneurInterview with Graham Stedman published in Making Life Richer e-magazine - January 2011http://viewer.zmags.com/publication/39551362#/39551362/23Fri, 04 Feb 2011 00:00:00 GMThttp://viewer.zmags.com/publication/39551362#/39551362/23Catching the eye of an investorA young growing company looking to raise equity finance will understand the need to attract the attention of a potential investor.http://www.nabarro.com/Downloads/Catching_the_eye_of_an_investor[2].pdfFri, 04 Feb 2011 00:00:00 GMThttp://www.nabarro.com/Downloads/Catching_the_eye_of_an_investor[2].pdfBrussels Update 3 February 2011EU & Competition team newsletterhttp://www.nabarro.com/Downloads/Brussels-Update-3-February-2011.pdfThu, 03 Feb 2011 00:00:00 GMThttp://www.nabarro.com/Downloads/Brussels-Update-3-February-2011.pdfPatent Box: a new tax rate for IPThe UK government intends to introduce a patent box regime which will allow income arising from the exploitation of patents to be taxed at a reduced rate of 10 per cent. It is proposed that this regime will apply from 1 April 2013.http://www.nabarro.com/Downloads/Tax-Patent-Box.pdfThu, 03 Feb 2011 00:00:00 GMThttp://www.nabarro.com/Downloads/Tax-Patent-Box.pdfA-Day Alert: 5 April 2011 deadline for retaining Revenue limitsOn 6 April 2011 the transitional protection put in place on A-Day (6 April 2006) for schemes in existence on that date will fall away.http://www.nabarro.com/Downloads/Pensions-alert-A-Day.pdfWed, 02 Feb 2011 00:00:00 GMThttp://www.nabarro.com/Downloads/Pensions-alert-A-Day.pdfProjects - Treasury launches PFI pilotThe Treasury has issued a draft guidance note, as part of a wider pilot programme, aimed at encouraging PFI contract managers to implement cost saving measures within their contracts. http://www.nabarro.com/Downloads/Projects-Treasury-launches-PFI-pilot.pdfWed, 02 Feb 2011 00:00:00 GMThttp://www.nabarro.com/Downloads/Projects-Treasury-launches-PFI-pilot.pdfHead in the cloud, feet on the groundDataCentreManagement.com (January/February 2011 edition). Article contributed by John Staheli.http://www.datacentremanagement.com/news/view/head-in-the-cloud-feet-on-the-groundTue, 01 Feb 2011 00:00:00 GMThttp://www.datacentremanagement.com/news/view/head-in-the-cloud-feet-on-the-groundPensions Update (January 2011)Payments to employers: trustees to have until 2016 to pass surplus resolution; The end of compulsory retirement at 65: pension schemes must adapt; Contribution Notices: legal challenge to the first CN; High Court gives precedence to scheme rules: no estoppel in favour of members; Settlement of claims: role of the PPF; Avoiding tax liability: HM Treasury clamps down on EFRBSs; Normal Minimum Pension Age: HMRC corrects error; PPF levy for 2011/2012: time to certify contingent assetshttp://www.nabarro.com/Downloads/Pensions-update-Jan-2011.pdfMon, 31 Jan 2011 00:00:00 GMThttp://www.nabarro.com/Downloads/Pensions-update-Jan-2011.pdfReal Estate update January 2011Real Estate Update January 2011http://www.nabarro.com/Downloads/Real-Estate-update-January-2011.pdfMon, 31 Jan 2011 00:00:00 GMThttp://www.nabarro.com/Downloads/Real-Estate-update-January-2011.pdfBusiness, bars and botox – recent lessons in equality lawNewspaper headlines this month featured all too frequently words such as 'discrimination', 'equality' and 'retirement'. Many employers complain that increasingly complex employment and equality laws limit their freedom to take necessary or desirable commercial actions. While this is true to a large extent, steps can be taken to mitigate the effect of some of these developments and, as is usually the case, prevention is better than cure. http://www.nabarro.com/Downloads/Employment-Recent-lessons-in-equality-law.pdfTue, 25 Jan 2011 00:00:00 GMThttp://www.nabarro.com/Downloads/Employment-Recent-lessons-in-equality-law.pdfCPI: action needed nowThe Government consultation on replacing RPI with CPI (Consumer Price Index) as the basis for calculating statutory revaluation and pension increases is still continuing. http://www.nabarro.com/Downloads/Pensions-CPI-action-needed-now.pdfTue, 25 Jan 2011 00:00:00 GMThttp://www.nabarro.com/Downloads/Pensions-CPI-action-needed-now.pdfReduced Annual Allowance: may already biteThe Annual Allowance, which restricts an individual's tax relief on pension contributions, has been reduced from 255,000 in the 2010/2011 tax year to 50,000 in 2011/2012. However, because of the way the legislation bites, many schemes and members may already be within the transitional period when a 50,000 limit applies.http://www.nabarro.com/Downloads/Pensions-Reduced-Annual-Allowance.pdfThu, 20 Jan 2011 00:00:00 GMThttp://www.nabarro.com/Downloads/Pensions-Reduced-Annual-Allowance.pdfBrussels Update 18 January 2011EU & Competition team newsletterhttp://www.nabarro.com/Downloads/Brussels-Update-18-January-2011.pdfTue, 18 Jan 2011 00:00:00 GMThttp://www.nabarro.com/Downloads/Brussels-Update-18-January-2011.pdfThe UKLA Technical Notes - Indexed and sourcedIn 2010, the UKLA published a series of Technical Notes which were intended to supersede List! issues 1 to 25. The aim was to consolidate the guidance contained in List! over the years which remains valid and to effectively delete out of date guidance. The Technical Notes are arranged under key themes and topics.http://www.nabarro.com/Downloads/UKLA_Technical_Notes_Indexed_and_Sourced.pdfTue, 18 Jan 2011 00:00:00 GMThttp://www.nabarro.com/Downloads/UKLA_Technical_Notes_Indexed_and_Sourced.pdfSale of JPUT SDLT and VAT freeThe First-Tier Tribunal has ruled that the services supplied by an estate agent in finding a buyer for units in a Jersey Property unit trust (JPUT) were exempt from VAT because they were intermediary services. This judgment confirms the position that although the courts will have regard to the economic reality of a transaction, this will not go so far as to ignore the presence of a unit trust holding the underlying property. http://www.nabarro.com/Downloads/Tax-Sale-of-JPUT-SDLT-and-VAT-free.pdfFri, 14 Jan 2011 00:00:00 GMThttp://www.nabarro.com/Downloads/Tax-Sale-of-JPUT-SDLT-and-VAT-free.pdfCompetitive Dialogue – Good News for 2011Following a consultation with the public and private sector, the Treasury has published a review of the use of competitive dialogue in the UK. The review includes some useful guidance for public authorities regarding the running of large scale procurements and also sets out future work that the Treasury will be carrying out in order to improve the process - news that will be welcome to both the public and private sectors. http://www.nabarro.com/Downloads/Projects-Competitive-Dialogue.pdfFri, 14 Jan 2011 00:00:00 GMThttp://www.nabarro.com/Downloads/Projects-Competitive-Dialogue.pdfFinancial Sector update January 2011HEADLINES: The Revised FSA Remuneration Code; Financial regulatory reform: the new national and international frameworks; UK Takeover Code Proposals for change; Green Light for Tax Increment Financing; Basel III An overview of the new capital and liquidity requirements; Underwriting fees face further pressurehttp://www.nabarro.com/Downloads/Financial-Sector-update-January-2011.pdfThu, 13 Jan 2011 00:00:00 GMThttp://www.nabarro.com/Downloads/Financial-Sector-update-January-2011.pdf2011 - What will the year throw at us? Real Estate New Year Review2010 has been a watershed year with signs of life returning to the real estate market across a number of sectors. Our New Year Review gives us a chance to consider some of the major changes to the real estate sector in 2010 and to look forward to what 2011 may throw at us, besides a couple of royal weddings. We hope, for all the right reasons, it will be a year to remember.http://www.nabarro.com/Downloads/2011_Real_Estate_New_Year_Review.pdfTue, 11 Jan 2011 00:00:00 GMThttp://www.nabarro.com/Downloads/2011_Real_Estate_New_Year_Review.pdfHealthcare - Pensions: recent developments affecting the Healthcare SectorThere have been a number of developments in the field of both private and public sector pensions recently that impact on the healthcare sector. http://www.nabarro.com/Downloads/Healthcare-Pensions-recent-developments-affecting-the-Healthcare-Sector.pdfTue, 11 Jan 2011 00:00:00 GMThttp://www.nabarro.com/Downloads/Healthcare-Pensions-recent-developments-affecting-the-Healthcare-Sector.pdfBrussels Update 5 January 2011EU & Competition team newsletterhttp://www.nabarro.com/Downloads/Brussels-Update-5-January-2011.pdfWed, 05 Jan 2011 00:00:00 GMThttp://www.nabarro.com/Downloads/Brussels-Update-5-January-2011.pdfStatements of capital: simplifying the details required in an Annual ReturnBIS has announced that, following its 2009 consultation on statements of capital, it proposes to make an early change to the financial information required in the statement of capital in the Annual Return:http://www.nabarro.com/Downloads/Statements_of_capital.pdfWed, 05 Jan 2011 00:00:00 GMThttp://www.nabarro.com/Downloads/Statements_of_capital.pdfThe Changing Shape of Real Estate FundsInvestors in real estate funds are motivated by the prospect of enhanced returns on their investment, often as a result of being able to access expert management skills and new markets and sectors. In the aftermath of the financial crisis and downturn in real estate markets, investors want to reshape and strengthen the industry.http://www.nabarro.com/Downloads/Changing_shape_of_real_estate_funds.pdfWed, 05 Jan 2011 00:00:00 GMThttp://www.nabarro.com/Downloads/Changing_shape_of_real_estate_funds.pdfUK REITS and take-overs - a practical guideUK REITs and takeovershttp://www.nabarro.com/Downloads/UK_REITS_and_TakeOvers.pdfSat, 01 Jan 2011 00:00:00 GMThttp://www.nabarro.com/Downloads/UK_REITS_and_TakeOvers.pdfProjects update - WasteIn case you had not noticed, since the Comprehensive Spending Review in October 2010, the PFI landscape has changedhttp://www.nabarro.com/Downloads/Projects-update-Waste-December-2010.pdfFri, 24 Dec 2010 00:00:00 GMThttp://www.nabarro.com/Downloads/Projects-update-Waste-December-2010.pdfQuarter Day Issue 84HEADLINES: A warning about pre-action disclosure; Residential sales and leasebacks; Landowners must take positive action to protect their interests; Relief from forfeiture; Assessing damages in dilapiations disputes.http://www.nabarro.com/Downloads/QuarterDay-Christmas-Day-2010.pdfThu, 23 Dec 2010 00:00:00 GMThttp://www.nabarro.com/Downloads/QuarterDay-Christmas-Day-2010.pdfClimate Change and Energy Update - December 2010HEADLINES: 2010 Round-Up; The Localism Bill: what will it mean for the deployment of low carbon energy?; The Energy Bill: 'a step change in the provision of energy efficiency measures'; Electricity Market Reform: the biggest upheaval since privatisation? CRC: a look back and a look forward; The future for FITs, the RHI and the RO: where will the reforms take us? Going, going... the ever reducing fortunes of the Green Investment 'Bank'; The Cancun Conference: a step in the right direction? http://www.nabarro.com/Downloads/Climate-change-and-energy-update-December-2010.pdfTue, 21 Dec 2010 00:00:00 GMThttp://www.nabarro.com/Downloads/Climate-change-and-energy-update-December-2010.pdfPensions Update (December 2010)HEADLINES: CPI consultation: no easy answers; Abolishing annuitisation at age 75; Reduction of Annual Allowance and Lifetime Allowance: an update; Lehman/Nortel judgment: pension scheme is 'supercreditor'; Compromise of disputed entitlements is not a surrender: Court of Appeal; Auto-enrolment: consultation on default option for employers' DC qualifying schemes; Abolition of DC contracting-out: transfers from DB contracted-out schemes will be possible; Abolition of public sector workforce code; A busy month for the Regulator; Accessing pensions before age 55; HMRC: scheme administrators must provide NI numbers from 6 April 2011; And finallyhttp://www.nabarro.com/Downloads/Pensions-Update-Dec-2010.pdfTue, 21 Dec 2010 00:00:00 GMThttp://www.nabarro.com/Downloads/Pensions-Update-Dec-2010.pdfGeneral power of competence for local authoritiesThe Localism Bill, published on 13 December 2010, introduces a new general power of competence for local authorities.http://www.nabarro.com/Downloads/Projects-General-power-of-competence.pdfMon, 20 Dec 2010 00:00:00 GMThttp://www.nabarro.com/Downloads/Projects-General-power-of-competence.pdfCCE Electricity Market ReformChris Huhne, the Climate Change & Energy Secretary, announced last Thursday the Coalition's plans for the transformation of the UK's electricity market in what the Government claims to the biggest shake up since its privatisation 20 years ago. http://www.nabarro.com/Downloads/CCE-Electricity-Market-Reform.pdfMon, 20 Dec 2010 00:00:00 GMThttp://www.nabarro.com/Downloads/CCE-Electricity-Market-Reform.pdfUnderwriting fees face further pressureThe Institutional Investor Council, an umbrella organisation representing the UK's largest long-term shareholders (IIC), has published a report criticising the fees that investment banks charge companies for advising on share issues (the Report). It claims that banks are overcharging and recommends that companies should make greater use of their non executive directors and independent advisers to ensure that fees remain as low as possible. http://www.nabarro.com/Downloads/Corporate-underwriting-fees-face-further-pressure.pdfMon, 20 Dec 2010 00:00:00 GMThttp://www.nabarro.com/Downloads/Corporate-underwriting-fees-face-further-pressure.pdfNew Treasury Guidance on PPP: Less funding – more scrutinyThe Treasury has issued a Technical Update on PPP Policy. This guidance recognises that given the UKs financial situation, the rules of the game have changed. It provides some idea of how the Treasury sees its role regarding the future procurement of major projects. Projects will need to meet more stringent affordability and value for money criteria.http://www.nabarro.com/Downloads/New_Treasury_Guidance_on_PPP.pdfFri, 17 Dec 2010 00:00:00 GMThttp://www.nabarro.com/Downloads/New_Treasury_Guidance_on_PPP.pdfGovernment abolishes the public sector workforce codeThe government has just announced that it has abolished the Code of Practice on Workforce Matters in Public Sector Service Contracts. If you are a public sector body that contracts with private sector organisations to provide services to you, or if you are a contractor providing services to the public sector, this means that you have scope to agree service contracts with fewer workforce restrictions in future. It also means that there is potential to dilute the restrictions in your existing contracts. http://www.nabarro.com/Downloads/Employment-Government-abolishes-public-sector-workforce-code.pdfFri, 17 Dec 2010 00:00:00 GMThttp://www.nabarro.com/Downloads/Employment-Government-abolishes-public-sector-workforce-code.pdfThe Safeguarding Vulnerable Groups Act 2006 – a step too far?ICT service providers, their public sector customers and other data processors are generally well aware of the practical and legal obstacles of handling personal data.http://www.nabarro.com/Downloads/Tech-Outsourcing-and-Commercial-The-Safeguarding-Vulnerable-Groups-Act-2006.pdfThu, 16 Dec 2010 00:00:00 GMThttp://www.nabarro.com/Downloads/Tech-Outsourcing-and-Commercial-The-Safeguarding-Vulnerable-Groups-Act-2006.pdfRadical planning reform: the localism experiment begins!The Decentralisation and Localism Bill 2010 published this week represents the first step in an ideological reform of our planning system. It proposes powers to remove strategic planning controls over local authorities and communities and hand them significant powers to drive forward, or block, development. http://www.nabarro.com/Downloads/Planning-Radical-planning-reform-the-localism-experiment-begins.pdfThu, 16 Dec 2010 00:00:00 GMThttp://www.nabarro.com/Downloads/Planning-Radical-planning-reform-the-localism-experiment-begins.pdfNabarro advises Glaxosmithkline on acquisition of Maxinutritionhttp://www.nabarro.com/Media/Nabarro_news/Nabarro_advises_Glaxosmithkline_on_acquisition_of_Maxinutrition.htmlThu, 16 Dec 2010 00:00:00 GMThttp://www.nabarro.com/Media/Nabarro_news/Nabarro_advises_Glaxosmithkline_on_acquisition_of_Maxinutrition.htmlNew competition rules on horizontal co-operation, R&D and specialisation or joint productionOn 14 December 2010, the European Commission published new Guidelines for assessing co-operation agreements between competitors, the so-called 'Horizontal Guidelines'. Adopted that same day, were the new Research and Development (R&D) and Specialisation block exemptions regulations (BERs). The new rules provide insight for businesses on how to charter the difficult waters of evaluating the likely competition impact of proposed joint business schemes.http://www.nabarro.com/Downloads/EU-New-competition-rules-on-horizontal-cooperation.pdfWed, 15 Dec 2010 00:00:00 GMThttp://www.nabarro.com/Downloads/EU-New-competition-rules-on-horizontal-cooperation.pdfCPI: government ducks the difficult questionsMany employers were hoping that the government would legislate to assist them in replacing RPI with CPI (Consumer Price Index) as the basis for calculating statutory revaluation and pension increases. This would have significantly improved the funding of many private sector defined benefit pension schemes. The government consultation confirms it is not going to pass legislation to override scheme rules and ducks the most difficult legal questions about implementing the change.http://www.nabarro.com/Downloads/Pensions-CPI-government-ducks-the-difficult-questions.pdfFri, 10 Dec 2010 00:00:00 GMThttp://www.nabarro.com/Downloads/Pensions-CPI-government-ducks-the-difficult-questions.pdfPensions Update (November 2010)HEADLINES: Employer-related investment: Regulator issues statement: Electronic disclosure to members: new rules from 1 December: Financial Services Authority: new guidance for employers on promoting pension schemes to employees: Investment Governance Group: six principles for DC investment: Age discrimination: cost as the sole justification: A-Day Alert: April 2011 deadline for retaining HMRC limitshttp://www.nabarro.com/Downloads/Pensions-update-November-2010.pdfWed, 08 Dec 2010 00:00:00 GMThttp://www.nabarro.com/Downloads/Pensions-update-November-2010.pdfCompany's business termsThe recent case of GHSP Inc v A B Electronic Ltd is a warning to sellers, manufacturers and hirers of plant, vehicles and tools to make sure that their terms and conditions apply to their contracts. http://www.nabarro.com/Downloads/Dispute-Resolution-companys-business-terms.pdfTue, 07 Dec 2010 00:00:00 GMThttp://www.nabarro.com/Downloads/Dispute-Resolution-companys-business-terms.pdfReal Estate update November 2010Real Estate newsletter - November 2010http://www.nabarro.com/Downloads/Real-Estate-update-November-2010.pdfTue, 07 Dec 2010 00:00:00 GMThttp://www.nabarro.com/Downloads/Real-Estate-update-November-2010.pdfVeolia ES v Nottinghamshire CC – the sanctity of confidentiality preserved?Veolia appealed against a decision requiring Nottinghamshire CC under the Audit Commission Act 1998 (the 1998 Act) to allow public access to information relating to a waste PFI contract for which it had successfully tendered. The appeal was allowed, with the Court deciding that any right of access to information under the 1998 Act should be subject to the overriding principle of protection of confidential information, as long as public interest factors of transparency and freedom of information do not outweigh the need to protect confidentiality.http://www.nabarro.com/Downloads/Projects-Veolia-ES-v-Nottinghamshire-CC.pdfMon, 06 Dec 2010 00:00:00 GMThttp://www.nabarro.com/Downloads/Projects-Veolia-ES-v-Nottinghamshire-CC.pdfCorporate Update - December 2010HEADLINES: AIFM: the final outcome; UK Stewardship Code: asset managers must disclose commitment; Reform of the CRC Energy Efficiency Scheme: consultation launched; Are the UK equity markets working?; European Commission proposes a Single Market Act; FTSE UK qualification: Rule change for international companies; FRC: latest issues for audit committees; ICSA publishes updated terms of reference for board committees; Guidance on distributable profits; Institute of Directors launches corporate governance principles for unlisted companies; UK Takeover Code: Proposals for change; Take care on contractual termination: the dangers of getting it wrong.http://www.nabarro.com/Downloads/Corporate-update-December-2010.pdfMon, 06 Dec 2010 00:00:00 GMThttp://www.nabarro.com/Downloads/Corporate-update-December-2010.pdfTax and the data centreDataCentreManagement.com (November/December 2010 edition). Article contributed by John Staheli.http://www.datacentremanagement.com/news/view/tax-and-the-data-centreWed, 01 Dec 2010 00:00:00 GMThttp://www.datacentremanagement.com/news/view/tax-and-the-data-centreThe three Rs – retirement, rest and redundancy: recent developmentsIn recent months, questions on compulsory retirement, sickness and holiday, and redundancies have been prominent on many employers' radars. Unsurprisingly, tribunals have grappled with similar issues.http://www.nabarro.com/Downloads/The-three-Rs–retirement-rest-redundancy.pdfTue, 30 Nov 2010 00:00:00 GMThttp://www.nabarro.com/Downloads/The-three-Rs–retirement-rest-redundancy.pdfBrussels Update 29 November 2010EU & Competition team newsletterhttp://www.nabarro.com/Downloads/Brussels-update-29-November-2010.pdfMon, 29 Nov 2010 00:00:00 GMThttp://www.nabarro.com/Downloads/Brussels-update-29-November-2010.pdfTake care on contractual terminationA recent case in the Court of Appeal (CA) has underlined that a party who wants to exercise a contractual right to terminate must make sure that: (1) the right to terminate has arisen; and (2) it follows the correct contractual procedure. http://www.nabarro.com/Downloads/Technology-Disputes-Take-care-on-contractual-termination.pdfThu, 25 Nov 2010 00:00:00 GMThttp://www.nabarro.com/Downloads/Technology-Disputes-Take-care-on-contractual-termination.pdfReform of the CRC Energy Efficiency SchemeOn 17 November, the Department for Energy and Climate Change launched the 'Consultation on amendments to the CRC Energy Efficiency Scheme Order 2010'. http://www.nabarro.com/Downloads/CCE-Reform-of-the-CRC-Energy-Efficiency-Scheme.pdfThu, 25 Nov 2010 00:00:00 GMThttp://www.nabarro.com/Downloads/CCE-Reform-of-the-CRC-Energy-Efficiency-Scheme.pdfIncrease opens a VAT of wormsAs of 4 January 2011, the standard rate of UK VAT will be increased to 20 per cent. http://www.nabarro.com/Downloads/Tax-Increase-in-VAT-Nov-2010.pdfThu, 25 Nov 2010 00:00:00 GMThttp://www.nabarro.com/Downloads/Tax-Increase-in-VAT-Nov-2010.pdfAIFM Directive - the final outcome and its impact on private equityWe have all been poised for months. It has been over a year and a half since the first draft of the Alternative Investment Fund Managers Directive (the AIFM Directive) was put on the table by the European Commission.http://www.nabarro.com/Downloads/FIRE-AIFM-final-outcome-Impact-on-private-equity.pdfMon, 22 Nov 2010 00:00:00 GMThttp://www.nabarro.com/Downloads/FIRE-AIFM-final-outcome-Impact-on-private-equity.pdfAIFM Directive - the final outcome and its impact on private equity outside EuropeWe have all been poised for months. It has been over a year and a half since the first draft of the Alternative Investment Fund Managers Directive (the AIFM Directive) was put on the table by the European Commission. http://www.nabarro.com/Downloads/FIRE-AIFM-final-outcome-Impact-on-private-equity-outside-Europe.pdfMon, 22 Nov 2010 00:00:00 GMThttp://www.nabarro.com/Downloads/FIRE-AIFM-final-outcome-Impact-on-private-equity-outside-Europe.pdfAIFM Directive - the final outcome and its impact on real estate outside EuropeWe have all been poised for months. It has been over a year and a half since the first draft of the Alternative Investment Fund Managers Directive (the AIFM Directive) was put on the table by the European Commission. On 11 November 2010 Europe reached agreement. http://www.nabarro.com/Downloads/FIRE-AIFM-final-outcome-outside-Europe.pdfFri, 19 Nov 2010 00:00:00 GMThttp://www.nabarro.com/Downloads/FIRE-AIFM-final-outcome-outside-Europe.pdfAmending the Prospectus DirectiveThe Council of the European Union recently adopted an amending directive, for both the prospectus and transparency directives, giving EU member states 18 months to implement the changes.http://www.nabarro.com/Downloads/Corporate-amending-the-prospectus-directive.pdfWed, 17 Nov 2010 00:00:00 GMThttp://www.nabarro.com/Downloads/Corporate-amending-the-prospectus-directive.pdfBrussels Update 16 November 2010EU & Competition team newsletterhttp://www.nabarro.com/Downloads/Brussels-update-16-November-2010.pdfTue, 16 Nov 2010 00:00:00 GMThttp://www.nabarro.com/Downloads/Brussels-update-16-November-2010.pdfAIFM Directive - the final outcome and its impact on real estateWe have all been poised for months. It has been a year and a half since the first draft of the Alternative Investment Fund Managers Directive (the AIFM Directive) was put on the table by the European Commission. http://www.nabarro.com/Downloads/FIRE-AIFM-final-outcome.pdfFri, 12 Nov 2010 00:00:00 GMThttp://www.nabarro.com/Downloads/FIRE-AIFM-final-outcome.pdfFinancial regulatory reform – what’s on the horizon (January 2011)The financial crisis has put the topic of financial regulation at the top of the agenda for regulators across the globe. http://www.nabarro.com/Downloads/Financial_Regulatory_Reform_whats_on_horizon.pdfWed, 10 Nov 2010 00:00:00 GMThttp://www.nabarro.com/Downloads/Financial_Regulatory_Reform_whats_on_horizon.pdfEnvironmental Civil SanctionsEnvironmental civil sanctions are an alternative means of enforcement to criminal sanctions (including prosecution), available for use by both the Environment Agency (EA) and Natural England (NE). http://www.nabarro.com/Downloads/Environment-Environmental-Civil-Sanctions.pdfFri, 05 Nov 2010 00:00:00 GMThttp://www.nabarro.com/Downloads/Environment-Environmental-Civil-Sanctions.pdfFTSE UK qualification: Rule change for international companiesFTSE Group, who are responsible for the various FTSE indices, have published their latest Ground Rules for the FTSE UK Indices, which set out the bases on which companies qualify for inclusion in any of FTSE's UK indices. http://www.nabarro.com/Downloads/Corporate-FTSE-UK-qualification.pdfFri, 05 Nov 2010 00:00:00 GMThttp://www.nabarro.com/Downloads/Corporate-FTSE-UK-qualification.pdfPublic procurement: let's make it workAs the government publishes its intention to re-examine the use of competitive dialogue in public procurements, is it time to take greater control and work better with what we've got? http://www.nabarro.com/Downloads/Projects-Public-procurement-lets-make-it-work.pdfThu, 04 Nov 2010 00:00:00 GMThttp://www.nabarro.com/Downloads/Projects-Public-procurement-lets-make-it-work.pdfDomain name developments.uk 'short domains' will be released on 1 December 2010. Owners of trade marks which consist of one character or two letters should therefore start preparations now to apply during the Sunrise Phase for a .uk domain name which corresponds with those trade marks. http://www.nabarro.com/Downloads/IP-Domain-name-developments.pdfThu, 04 Nov 2010 00:00:00 GMThttp://www.nabarro.com/Downloads/IP-Domain-name-developments.pdfA guide to the financial regulatory landscape - who's who in the new UK and EU financial regulatory structureRegulatory reform is now part of the global economic agenda and is a response on an unprecedented scale.http://www.nabarro.com/Downloads/FIRE_guide_to_financial_regulatory_landscape.pdfThu, 04 Nov 2010 00:00:00 GMThttp://www.nabarro.com/Downloads/FIRE_guide_to_financial_regulatory_landscape.pdfAre the UK equity markets working?The Department for Business Innovation & Skills (BIS) has issued a consultation paper, titled 'A long-term focus for corporate Britain', on the perceived existence of short-termism and market failures in the UK equity markets.http://www.nabarro.com/Downloads/Corporate-Are-the-UK-equity-markets-working.pdfWed, 03 Nov 2010 00:00:00 GMThttp://www.nabarro.com/Downloads/Corporate-Are-the-UK-equity-markets-working.pdfUK Takeover Code - Proposals for changeIn June 2010 following the political fall-out over Kraft's takeover of Cadbury, the Code Committee of the Panel on Takeovers and Mergers (the Panel) published a public consultation paper seeking comments on a variety of proposals to amend the Takeover Code. The stated aim was to look at changes to the Code that would aid offeree companies in defending against hostile takeovers. The decision to embark on the consultation was made in light of widespread commentary and public discussion on various aspects of the regulation of UK takeovers. http://www.nabarro.com/Downloads/Corporate-UK-Takeover-Code-Proposals-for-change-November-2010.pdfTue, 02 Nov 2010 00:00:00 GMThttp://www.nabarro.com/Downloads/Corporate-UK-Takeover-Code-Proposals-for-change-November-2010.pdfFinancial regulatory reform: the new EU frameworkOne of the lessons learnt from the recent credit crisis is the need for a co-ordinated and consistent approach to regulating European financial markets and institutions. http://www.nabarro.com/Downloads/FIRE_Financial_regulatory_reform_new_EU_landscape.pdfTue, 02 Nov 2010 00:00:00 GMThttp://www.nabarro.com/Downloads/FIRE_Financial_regulatory_reform_new_EU_landscape.pdfTransAtlantic November 2010A bulletin for our North American clients and colleagueshttp://www.nabarro.com/Downloads/Transatlantic-November-2010.pdfMon, 01 Nov 2010 00:00:00 GMThttp://www.nabarro.com/Downloads/Transatlantic-November-2010.pdfFinancial regulatory reform: the new UK frameworkThe coalition government has fleshed out its plans for the reform of financial regulation in the UK in a recent consultation paper published on 26 July 2010. This reorganisation follows the financial crisis which highlighted the failures of the existing system under the Financial Services Authority (FSA), notably the lack of responsibility for macro-prudential supervision.http://www.nabarro.com/Downloads/FIRE-Financial_regulatory_reform_new_UK_framework.pdfMon, 01 Nov 2010 00:00:00 GMThttp://www.nabarro.com/Downloads/FIRE-Financial_regulatory_reform_new_UK_framework.pdfPensions Update (October 2010)HEADLINES: Pensions tax relief proposals; Automatic enrolment: Review recommends some changes; Section 251: surplus and payments to employers; Employer consultation: proposed minor relaxation; Financial support direction: Lehman Brothers; Regulator declares retrospective scheme amendment void; Sex-based annuity rates: no, says Advocate-General; A busy month for the PPFhttp://www.nabarro.com/Downloads/Pensions-Update-October-2010.pdfThu, 28 Oct 2010 00:00:00 GMThttp://www.nabarro.com/Downloads/Pensions-Update-October-2010.pdfConstruction & Engineering Group newsletter - Autumn 2010 Things American developers should know about contracting in England * Concurrent delay: back to basics (again) * Singapore International Arbitration Centre new rules to increase efficiency and flexibility * Update: Disclosure of Electronic Information in Litigationhttp://www.nabarro.com/Downloads/Construction-and-Engineering-update-October-2010.pdfWed, 27 Oct 2010 00:00:00 GMThttp://www.nabarro.com/Downloads/Construction-and-Engineering-update-October-2010.pdfEmployment - The Spending Review and Developments in RedundancyWith headlines heralding losses of 490,000 public sector jobs and the general tightening of the government purse strings as a result of the spending review, both private and public sector businesses alike may be reviewing headcount and redundancy policies. http://www.nabarro.com/Downloads/Employment-The-Spending-Review.pdfWed, 27 Oct 2010 00:00:00 GMThttp://www.nabarro.com/Downloads/Employment-The-Spending-Review.pdfPensions tax relief: implications for trustees, employers and membersThe Government has published its proposals for restricting pensions tax relief with the aim of raising the same amount of revenue but by less complex means than the high income excess relief charge put forward by the previous Government.http://www.nabarro.com/Downloads/Pensions-Tax-relief-October-2010.pdfTue, 26 Oct 2010 00:00:00 GMThttp://www.nabarro.com/Downloads/Pensions-Tax-relief-October-2010.pdfForeign & Commonwealth Office - Outsourcing of Facilities Management Services in the Asia Pacific RegionNabarro LLP is advising the Foreign & Commonwealth Office on the outsourcing of the facilities and buildings management of much of their property estate in the Asia Pacific region.http://www.nabarro.com/Downloads/FCO_Outsourcing_of_Facilities_Management_Services_in_Asia.pdfMon, 25 Oct 2010 00:00:00 GMThttp://www.nabarro.com/Downloads/FCO_Outsourcing_of_Facilities_Management_Services_in_Asia.pdfBrussels Update 25 October 2010EU & Competition team newsletterhttp://www.nabarro.com/Downloads/Brussels-Update-25-October-2010.pdfMon, 25 Oct 2010 00:00:00 GMThttp://www.nabarro.com/Downloads/Brussels-Update-25-October-2010.pdfComprehensive Spending Review 2010 – key issuesThe first thing to note about the Comprehensive Spending Review (CSR) is that the document itself is around 100 pages shorter than its 2007 predecessor.http://www.nabarro.com/Downloads/Comprehensive_Spending_Review_2010-Key_issues-October_2010.pdfFri, 22 Oct 2010 00:00:00 GMThttp://www.nabarro.com/Downloads/Comprehensive_Spending_Review_2010-Key_issues-October_2010.pdfHoming In - October 2010Our newsletter dedicated to the UK Housebuilding Industry.http://www.nabarro.com/Downloads/HomingIn-October-2010.pdfFri, 22 Oct 2010 00:00:00 GMThttp://www.nabarro.com/Downloads/HomingIn-October-2010.pdfDebt funds: Finally arriving in EuropeDebt funds have so far failed to make a significant impact on the UK market. Why?http://www.nabarro.com/Downloads/Debt_Funds_FIRE_ June_2011.pdfWed, 20 Oct 2010 00:00:00 GMThttp://www.nabarro.com/Downloads/Debt_Funds_FIRE_ June_2011.pdfCommon Sense, Common SafetyOn 15 October 2010 Lord Young published his report into the UK's health and safety regime and the perceived notion that the UK has embraced a compensation culture. His report Common Sense, Common Safety ('Report') includes a number of recommendations broadly spread across twelve categories, which have been proposed to shake-up the health and safety regime. http://www.nabarro.com/Downloads/Health-and-safety-Common-Sense-Common-Safety.pdfTue, 19 Oct 2010 00:00:00 GMThttp://www.nabarro.com/Downloads/Health-and-safety-Common-Sense-Common-Safety.pdfEntrepreneurs' relief: CGT reduced to 10 per centCapital Gains Tax (CGT) is payable on the gain made when an individual sells a capital asset. For higher rate taxpayers it is payable at a rate of 28 per cent of the gain. However, in certain circumstances where an individual makes a 'qualifying business disposal', entrepreneurs' relief can reduce the rate to 10 per cent.http://www.nabarro.com/Downloads/Entrepreneurs_relief.pdfMon, 18 Oct 2010 00:00:00 GMThttp://www.nabarro.com/Downloads/Entrepreneurs_relief.pdfIntellectual Property - A guide to protecting your assetsDifferent intellectual property rights protect different assets, each with their own rules on whether or not registration is required and how long the rights last. Below is an overview of these rights and a guide to some of the issues that companies should consider, preferably at an early stage when the assets themselves are being created or developed.http://www.nabarro.com/Downloads/Intellectual_Property-guide_to_protecting_your_assets.pdfMon, 18 Oct 2010 00:00:00 GMThttp://www.nabarro.com/Downloads/Intellectual_Property-guide_to_protecting_your_assets.pdfAdministrative receivershipAlmost exactly one year on from the Order coming into force, many people remain unaware that it is no longer possible to appoint an administrative receiver over an overseas incorporated company. http://www.nabarro.com/Downloads/Banking-Finance-and-Restructuring-administrative-receivership.pdfMon, 18 Oct 2010 00:00:00 GMThttp://www.nabarro.com/Downloads/Banking-Finance-and-Restructuring-administrative-receivership.pdfAdministration of JusticeThe Court of Appeal has held that legal professional privilege (LPP) will not apply to any professionals other than qualified lawyers. http://www.nabarro.com/Downloads/Tax-Administration-of-Justice.pdfMon, 18 Oct 2010 00:00:00 GMThttp://www.nabarro.com/Downloads/Tax-Administration-of-Justice.pdfEndeavours obligations - a summary tableThere is a spectrum of endeavours obligations that are often used and negotiated in all kinds of agreements. How they are interpreted depends on their context and is often a matter of interpretation. This table summarises some characteristics of common endeavours clauses.http://www.nabarro.com/Downloads/9575.pdfThu, 14 Oct 2010 00:00:00 GMThttp://www.nabarro.com/Downloads/9575.pdfPensions tax reliefThe government has announced its proposals to restrict pensions tax relief, replacing the complex high earner provisions introduced by the previous regime.http://www.nabarro.com/Downloads/Pensions-tax-relief.pdfThu, 14 Oct 2010 00:00:00 GMThttp://www.nabarro.com/Downloads/Pensions-tax-relief.pdfA guide to alternative methods of financingA brief guide to alternative methods of financinghttp://www.nabarro.com/Downloads/Guide_to_alternative_methods_of_financing.pdfTue, 12 Oct 2010 00:00:00 GMThttp://www.nabarro.com/Downloads/Guide_to_alternative_methods_of_financing.pdfA guide to key security provisionsA summary of key security provisions and points to look out for when negotiating bank standard form documents.http://www.nabarro.com/Downloads/Guide_to_key_security_provisions.pdfTue, 12 Oct 2010 00:00:00 GMThttp://www.nabarro.com/Downloads/Guide_to_key_security_provisions.pdfBrussels Update 11 October 2010EU & Competition team newsletter http://www.nabarro.com/Downloads/Brussels-update-11-October-2010.pdfMon, 11 Oct 2010 00:00:00 GMThttp://www.nabarro.com/Downloads/Brussels-update-11-October-2010.pdfHealthcare Industry Barometer 2010Welcome to The Healthcare Industry Barometer 2010. A question asked by many in our industry is where will this new Conservative and Liberal Democrat coalition government take UK healthcare? The secretary of state for health, Andrew Lansley talks of an NHS built on core beliefs of freedom, fairness and responsibility with a plurality of providers and guaranteed real increases in health spending. In the governments white paper on health sector reform (Equity and Excellence: Liberating the NHS), published on 12 July 2010, a number of themes are outlined: a patient-led NHS; an emphasis on clinical outcomes, rather than process targets; reductions in bureaucracy; ownership and accountability placed more in the hands of frontline staff, with the transfer of more power to health professionals; and the promotion of better public health and reform of the social care system. These are, without question, bold ambitions.http://www.nabarro.com/Downloads/HealthInvestor_Barometer10Web.pdfFri, 08 Oct 2010 00:00:00 GMThttp://www.nabarro.com/Downloads/HealthInvestor_Barometer10Web.pdfEnvironment - Site Waste Management PlansThe Environment Agency (EA) is becoming more pro-active in inspecting and enforcing compliance with Site Waste Management Plans (SWMPs). http://www.nabarro.com/Downloads/Environment-Site-Waste-Management-Plans.pdfThu, 07 Oct 2010 00:00:00 GMThttp://www.nabarro.com/Downloads/Environment-Site-Waste-Management-Plans.pdfNHS Reform – Opportunities to influence changeThe Coalition Governments White Paper on health sector reform (Equity and Excellence: Liberating the NHS), published on 12 July 2010, sets out an ambitious programme for the implementation of major structural changes to the NHS.http://www.nabarro.com/Downloads/NHS_Reform_opportunities_to_influence_change.pdfThu, 07 Oct 2010 00:00:00 GMThttp://www.nabarro.com/Downloads/NHS_Reform_opportunities_to_influence_change.pdfFree Schools UpdateGovernment has announced that 16 Free Schools proposals are ready to be progressed to full business case, and approved schemes could open in September 2011. http://www.nabarro.com/Downloads/Projects-Free-Schools-Focus.pdfWed, 06 Oct 2010 00:00:00 GMThttp://www.nabarro.com/Downloads/Projects-Free-Schools-Focus.pdfFinancial Sector update October 2010New government guidance on bribery prevention procedures; 'Introducing' or 'Arranging' transactions in investments?; The Equality Act for financial sector businesses; Trademark opposition deadlines tighten; OFT Inquiry into Equity Underwriting Fees; The hazard in 'moral hazard' Pensions Regulator issues first contribution notice; FSA to update its Remuneration Codehttp://www.nabarro.com/Downloads/Financial-Sector-update-October-2010.pdfTue, 05 Oct 2010 00:00:00 GMThttp://www.nabarro.com/Downloads/Financial-Sector-update-October-2010.pdfCRC registration issues for funds, trusts and other structuresThe deadline for registering under the CRC Energy Efficiency Scheme (CRC) has now passed (30 September). Yet, confusion still reigns over the application of many areas of the scheme, not least who, if anyone, should register for funds, trusts and other structures.http://www.nabarro.com/Downloads/FIRE-CRC-registration-deadline.pdfMon, 04 Oct 2010 00:00:00 GMThttp://www.nabarro.com/Downloads/FIRE-CRC-registration-deadline.pdfUK opposition deadlines move forward by one dayFollowing a Tribunal Practice Notice issued by the UK Intellectual Property Office (UK IPO) on 30 September, opponents of UK trade mark applications will now have ONE DAY LESS to file their oppositions. http://www.nabarro.com/Downloads/IP-UK-opposition-deadlines-4-oct-2010.pdfMon, 04 Oct 2010 00:00:00 GMThttp://www.nabarro.com/Downloads/IP-UK-opposition-deadlines-4-oct-2010.pdfThe Equality Act 2010: what must you do now?Today (1 October 2010) the majority of the Equality Act 2010 will come into force. From 1 October, UK organisations will operate under a single equality statute that draws together the plethora of discrimination legislation, rounds up and, in some cases, extends the remit of their equality obligations. http://www.nabarro.com/Downloads/Employment-Equality-Act-2010-what-must-you-do-now.pdfFri, 01 Oct 2010 00:00:00 GMThttp://www.nabarro.com/Downloads/Employment-Equality-Act-2010-what-must-you-do-now.pdfPensions Update (September 2010)HEADLINES: Equality Act: in force from 1 October but little change for pensions; Employer-related investment: removal of exemptions; from RPI to CPI: impact in public sector contracting out; finds trustees personally liable for unpaid contributions; Apology: The Southern Star Retirement Fundhttp://www.nabarro.com/Downloads/Pensions-Update-Sept-2010.pdfTue, 28 Sep 2010 00:00:00 GMThttp://www.nabarro.com/Downloads/Pensions-Update-Sept-2010.pdfQuarterDay Issue 83HEADLINES: 'Fatally flawed' Miss Sixty CVA set aside on the grounds of unfair prejudice to the landlord; Recovering damages for loss of a chance: how much can you claim? How to serve a valid break notice: two cautionary tales for practitioners; Rights of light: a developer is ordered to demolish part of a completed building; Can you keep your promises? What 'reasonable endeavours' really means.http://www.nabarro.com/Downloads/QuarterDay-29-September-2010.pdfTue, 28 Sep 2010 00:00:00 GMThttp://www.nabarro.com/Downloads/QuarterDay-29-September-2010.pdfJoint Ventures - An OverviewJoint venture structures have become increasingly topical. This is partly due to the economic climate. The structure and terms of joint ventures are key to many projects. http://www.nabarro.com/Downloads/Joint_Venture_Overview.pdfMon, 27 Sep 2010 00:00:00 GMThttp://www.nabarro.com/Downloads/Joint_Venture_Overview.pdfVenture Capital Incubator Initiative Product GuideA young growing company looking to raise equity finance will understand the need to prepare a good business plan and to convince potential investors that the company has a viable business in which it is worth investing.http://www.nabarro.com/Downloads/Venture_Capital_Incubator_Initiative_Product_Guide.pdfMon, 27 Sep 2010 00:00:00 GMThttp://www.nabarro.com/Downloads/Venture_Capital_Incubator_Initiative_Product_Guide.pdfBrussels Update 23 September 2010EU & Competition team newsletterhttp://www.nabarro.com/Downloads/Brussels-update-23-September-2010.pdfFri, 24 Sep 2010 00:00:00 GMThttp://www.nabarro.com/Downloads/Brussels-update-23-September-2010.pdfGreen Light for Tax Increment Financing On 20 September 2010 Nick Clegg announced an intention to grant local authorities new borrowing powers, to allow them to borrow against predicted growth in their locally raised business rates. This is a positive statement of intent from the coalition government: after much lobbying, it's finally ready to introduce tax increment financing (TIF) to the UK.http://www.nabarro.com/Downloads/Tax-Green-Light-for-Tax-Increment-Financing.pdfThu, 23 Sep 2010 00:00:00 GMThttp://www.nabarro.com/Downloads/Tax-Green-Light-for-Tax-Increment-Financing.pdfNew government guidance on bribery prevention proceduresAs from April 2011, failure to prevent bribery on the part of commercial organisations will be a criminal offence. Section 7 of the Bribery Act 2010 provides a defence where a commercial organisation can demonstrate that it has put adequate bribery prevention procedures in place. The Ministry of Justice has recently issued its draft guidance on adequate procedures for consultation. The guidance will be of interest to all commercial organisations currently preparing for the new law.http://www.nabarro.com/Downloads/Corporate-Government-Guidance-on-Bribery.pdfThu, 23 Sep 2010 00:00:00 GMThttp://www.nabarro.com/Downloads/Corporate-Government-Guidance-on-Bribery.pdfCorporate director rule changes - Grace period coming to an endThe Companies Act 2006 introduced a new rule requiring all companies to have at least one natural person as a director - in other words, a director who is an individual rather than a corporate director such as a company or partnership. This provision came into force on 1 October 2008.http://www.nabarro.com/Downloads/Corporate_director_rule_changes.pdfWed, 22 Sep 2010 00:00:00 GMThttp://www.nabarro.com/Downloads/Corporate_director_rule_changes.pdfThe REIT OpCo-PropCo Rides AgainWith the news that M&G and Blackstone are intending to launch a new REIT from the ownership of Centre Parcs, the possibility of creating a tax advantaged REIT PropCo and a non REIT OpCo has reared its head again. http://www.nabarro.com/Downloads/Tax-REITs-OpCo-PropCo.pdfMon, 20 Sep 2010 00:00:00 GMThttp://www.nabarro.com/Downloads/Tax-REITs-OpCo-PropCo.pdfHit the “Friends only” button for now: Germany considers ban on using Facebook for recruitment decisionsGermany is considering a law that would ban employers from looking for information about job candidates from social network sites such as Facebook. According to a draft of the bill, employers would be able to use publicly accessible information about applicants drawn from the internet but not from social networking sites that serve communication purposes. The aim of the draft act is apparently to stop private information becoming public.http://www.nabarro.com/Downloads/Facebook_recruitment_ban_31_Aug_2010.pdfMon, 20 Sep 2010 00:00:00 GMThttp://www.nabarro.com/Downloads/Facebook_recruitment_ban_31_Aug_2010.pdfCorporate Governance and Directors' Duties Handbook - UKThe main corporate entities used in the UK are limited liability companies.http://www.nabarro.com/Downloads/Corporate_Governance_Directors_Duties_UK_Handbook.pdfFri, 17 Sep 2010 00:00:00 GMThttp://www.nabarro.com/Downloads/Corporate_Governance_Directors_Duties_UK_Handbook.pdfVAT and salary sacrifice schemes: no one gets owt for nowt!The European Court of Justice (ECJ) has recently ruled that the part payment of salaries in retail vouchers is a supply for consideration by the employer to the employee for VAT purposes, and is therefore subject to VAT. http://www.nabarro.com/Downloads/Tax-VAT-and-salary-sacrifice-schemes.pdfWed, 15 Sep 2010 00:00:00 GMThttp://www.nabarro.com/Downloads/Tax-VAT-and-salary-sacrifice-schemes.pdfIndian tax authorities focus on overseas professional services businessesIndia is very much in vogue as an investment destination with an economy which is growing at around eight per cent annually and a perceived abundance of business opportunities.http://www.nabarro.com/Downloads/Indian_tax_authorities.pdfWed, 15 Sep 2010 00:00:00 GMThttp://www.nabarro.com/Downloads/Indian_tax_authorities.pdfIn-house legal advice on competition not covered by legal professional privilegeAttempts to extend legal professional privilege to internal company communications with in-house lawyers in EU competition cases have been dashed, following a ruling by the European Court of Justice (ECJ) on 14 September 2010.http://www.nabarro.com/Downloads/Inhouse_legal_privilege.pdfWed, 15 Sep 2010 00:00:00 GMThttp://www.nabarro.com/Downloads/Inhouse_legal_privilege.pdfFirst Annual Pensions SurveyDo you think that the new coalition Government will help or hinder the pensions industry was the first of a series of topical questions answered by Nabarro LLPs clients and contacts earlier this year in our First Annual Pensions Survey.http://www.nabarro.com/Downloads/9485.pdfWed, 15 Sep 2010 00:00:00 GMThttp://www.nabarro.com/Downloads/9485.pdfClimate Change and Energy Update - September 2010HEADLINES: Claiming FITs and Grants; energy update; Local Authorities now permitted to sell renewable electricity; Grandfathering for biomass under the Renewables Obligation; Marine Policy Statement: the potential for a beautiful and renewable coastline?; DECC response to consultation on domestic scale renewable energy; Coalition outlines plans for green dealhttp://www.nabarro.com/Downloads/Climate-Change-and-Energy-update-September-2010.pdfWed, 15 Sep 2010 00:00:00 GMThttp://www.nabarro.com/Downloads/Climate-Change-and-Energy-update-September-2010.pdfReal Estate update September 2010Real Estate newsletter - September 2010http://www.nabarro.com/Downloads/Real-Estate-update-September-2010.pdfTue, 14 Sep 2010 00:00:00 GMThttp://www.nabarro.com/Downloads/Real-Estate-update-September-2010.pdfRights of light: Building owner gets injunction against Developer to cut back completed developmentAlthough commercially there may be cases where it is not possible, developers should endeavour to settle all potentially actionable interferences with rights of light with neighbouring owners prior to commencing a development to avoid the risk of injunctive relief being granted. http://www.nabarro.com/Downloads/Real_Estate_Rights_of_light alert.pdfThu, 09 Sep 2010 00:00:00 GMThttp://www.nabarro.com/Downloads/Real_Estate_Rights_of_light alert.pdfPublic Procurement Summer 2010Public Procurement Newsletterhttp://www.nabarro.com/Downloads/Public-Procurement-Newsletter-Summer-2010.pdfFri, 03 Sep 2010 00:00:00 GMThttp://www.nabarro.com/Downloads/Public-Procurement-Newsletter-Summer-2010.pdfIssuer Liability Regime ChangesStatutory liability is currently imposed on Main Market listed companies for fraudulent misstatements contained within results statements. From 1 October 2010, the existing regime is being extended.http://www.nabarro.com/Downloads/Corporate-Issuer-Liability-Regime-Changes.pdfWed, 01 Sep 2010 00:00:00 GMThttp://www.nabarro.com/Downloads/Corporate-Issuer-Liability-Regime-Changes.pdfEquipped - newsletter for the construction plant industryHEADLINES: Lessons from OFT fines for bid rigging; The Bribery Act 2010 Serious Fraud Office Moves to Tackle Corruption; Corporate responsibility for drivers at work; Hire companys incorrect invoicing does not bar claims for late payment of commercial debt interest; Original hiring company liable due to ineffective transfer of obligations upon sale; Increase in online trading gives rise to further risks of legal actionhttp://www.nabarro.com/Downloads/9398.pdfWed, 01 Sep 2010 00:00:00 GMThttp://www.nabarro.com/Downloads/9398.pdfThe REIT OpCo-PropCo Rides AgainThe REIT OpCo-PropCo Rides Againhttp://www.nabarro.com/Downloads/Tax-REIT-OpCo-PropCo.pdfWed, 01 Sep 2010 00:00:00 GMThttp://www.nabarro.com/Downloads/Tax-REIT-OpCo-PropCo.pdfPensions Update (August 2010)HEADLINES: CPI: DWP consultation on draft PPF/FAS regulations; Abolition of DC contracting out: consultation; Abolition of default retirement age: consultation; New UK Stewardship Code: guidance for institutional investorshttp://www.nabarro.com/Downloads/Pensions-update-August-2010.pdfWed, 25 Aug 2010 00:00:00 GMThttp://www.nabarro.com/Downloads/Pensions-update-August-2010.pdfConsultation on changes to the EIA Regulations.htmlThe Government is consulting on revised, consolidated Environmental Impact Assessment Regulations. The changes are largely just consolidating the previous regulations, however, there are changes that bring the law up-to-date with recent case law.http://www.nabarro.com/Downloads/Environment-and-Planning-Consultation-on-changes-to-the-EIA-Regulations.pdfTue, 24 Aug 2010 00:00:00 GMThttp://www.nabarro.com/Downloads/Environment-and-Planning-Consultation-on-changes-to-the-EIA-Regulations.pdfOwning and occupying data centres: Ignore any property issues at your perilData centres are becoming increasingly popular, used by banks, telecoms companies, web-hosting firms and others to house computer systems, telecoms and client-sensitive data.http://www.nabarro.com/Downloads/Owning_and_occupying_data_centres.pdfThu, 19 Aug 2010 00:00:00 GMThttp://www.nabarro.com/Downloads/Owning_and_occupying_data_centres.pdfBrussels Update 9 August 2010EU & Competition team newsletterhttp://www.nabarro.com/Downloads/Brussels-update-9-August-2010.pdfMon, 09 Aug 2010 00:00:00 GMThttp://www.nabarro.com/Downloads/Brussels-update-9-August-2010.pdfCVAs - Government proposes moratoriumThe Government is proposing to give struggling companies a protected moratorium against enforcement action, to help them to negotiate a restructuring deal with their creditors.http://www.nabarro.com/Downloads/REDR-CVAs-Government-proposes-moratorium.pdfThu, 05 Aug 2010 00:00:00 GMThttp://www.nabarro.com/Downloads/REDR-CVAs-Government-proposes-moratorium.pdf Default retirement ageThe government has confirmed it is set to abolish the UK's statutory default retirement age (DRA) of 65 from 1 October 2011. Transitional measures will be in place from 6 April 2011. http://www.nabarro.com/Downloads/Employment-default-retirement-age.pdfThu, 05 Aug 2010 00:00:00 GMThttp://www.nabarro.com/Downloads/Employment-default-retirement-age.pdfBreach of contract proceduresFollowing on from our June briefing (Disciplinary procedures: just when we thought we knew it all), this month we are reporting on three recent decisions that highlight the dangers of employers not following their own contractual procedures. http://www.nabarro.com/Downloads/Employment-breach-of-contract-procedures.pdfTue, 03 Aug 2010 00:00:00 GMThttp://www.nabarro.com/Downloads/Employment-breach-of-contract-procedures.pdfThe new UK Stewardship Code: guidance for institutional investors<p>The Financial Reporting Council (FRC) has published the first version of the UK Stewardship Code. The Stewardship Code sets out good practice for institutional investors on engagement with investee companies. </p> <p>This briefing looks at the principles contained in the Stewardship Code and their implications for institutional investors.</p>http://www.nabarro.com/Downloads/Corporate-The-new-UK-Stewardship-Code.pdfMon, 26 Jul 2010 00:00:00 GMThttp://www.nabarro.com/Downloads/Corporate-The-new-UK-Stewardship-Code.pdfCorporate Governance and Directors' Duties Handbook - UKCorporate Governance and Directors Duties 2010 authored by Alasdair Steele and Rosie Graham, Nabarro LLPhttp://www.nabarro.com/Downloads/Corporate_Governance_Directors_Duties_UK_Handbook.pdfFri, 23 Jul 2010 00:00:00 GMThttp://www.nabarro.com/Downloads/Corporate_Governance_Directors_Duties_UK_Handbook.pdfNational Storage Mechanism launched: Document Viewing Facility to be replaced<p>The FSA has launched the National Storage Mechanism (NSM), an online storage facility where users will be able to access regulated information.</p><p></p> <p>Regulated information includes all information required to be disclosed under the Listing Rules, DTRs and Prospectus Rules. As a result, as well as storing all documents which are currently sent to the FSA's Document Viewing Facility, the NSM will store all regulatory announcements made by listed companies through an RIS.</p>http://www.nabarro.com/Downloads/Equity-Capital-Markets-National-Storage-Mechanism.pdfThu, 22 Jul 2010 00:00:00 GMThttp://www.nabarro.com/Downloads/Equity-Capital-Markets-National-Storage-Mechanism.pdfPensions Update (July 2010)HEADLINES: Abolishing compulsory annuitisation at age 75: HM Treasury consults on the details; Transfers of pensions in payment: HMRC announces relaxation; The Pensions Regulator flexes its muscles: first ever Contribution Notice and more on Nortel; What exactly is an employer: the High Court provides some answers in the Pilots case; Transfer incentives: new draft guidance; Incorrect benefit information: estoppel against trustees establishedhttp://www.nabarro.com/Downloads/Pensions-update-July-2010.pdfThu, 22 Jul 2010 00:00:00 GMThttp://www.nabarro.com/Downloads/Pensions-update-July-2010.pdfThe UK threats provision – a reminder for CTM ownersThe recent High Court decision in <i>Best Buy Co Inc and another v Worldwide Sales Corp Espaa SL</i> serves as a useful reminder to practitioners and in-house counsel around the world that a groundless threats provision exists in UK trade mark legislation. http://www.nabarro.com/Downloads/IP-UK-Threats-Provision.pdfThu, 22 Jul 2010 00:00:00 GMThttp://www.nabarro.com/Downloads/IP-UK-Threats-Provision.pdfCold-shouldering – a more detailed look<p>For the first time in 18 years (and the second time in 40 years), the Takeover Panel has cold-shouldered three individuals for not complying with The City Code on Takeovers and Mergers when they acquired 6.7 million shares of Principal Capital Investment Trust Plc.</p><p></p> <p>Aside from the headline grabbing nature of the criticism and the Panel's sanction, advisers should take note of the circumstances and actions of the respective parties and the inferences drawn by the Panel.</p> http://www.nabarro.com/Downloads/Corporate-Cold-shouldering-July-2010.pdfWed, 21 Jul 2010 00:00:00 GMThttp://www.nabarro.com/Downloads/Corporate-Cold-shouldering-July-2010.pdfBrussels Update 16 July 2010EU & Competition team newsletterhttp://www.nabarro.com/Downloads/Brussels-Update-16-July-2010.pdfFri, 16 Jul 2010 00:00:00 GMThttp://www.nabarro.com/Downloads/Brussels-Update-16-July-2010.pdfClimate Change and Energy Update - July 2010HEADLINES: Energy Security and Green Energy Bill; Uncertainty over Renewable Heat Incentive; The future of the Infrastructure Planning Commission; UN talks in Bonn over global climate change agreement; Welsh Assembly announces no new sites for onshore wind development; Climate change policy: pre and post electionhttp://www.nabarro.com/Downloads/Climate-change-and-Energy-update-July-2010.pdfWed, 14 Jul 2010 00:00:00 GMThttp://www.nabarro.com/Downloads/Climate-change-and-Energy-update-July-2010.pdfCPI change: is it retrospective? Implications for private sector schemesPensions Minister Steve Webb has confirmed in a written ministerial statement the government's proposal to replace RPI with CPI (Consumer Price Index) as the basis for calculating inflation linked statutory revaluation and pension increases for all occupational pensions, not just public sector pensions as announced in last month's Budget. It will also apply to PPF and FAS compensation. http://www.nabarro.com/Downloads/Pensions-CPI-change-July-2010.pdfWed, 14 Jul 2010 00:00:00 GMThttp://www.nabarro.com/Downloads/Pensions-CPI-change-July-2010.pdfFinancial Regulation International July/Aug 2010INTERNATIONAL - Andrew McLean at Nabarro LLP UK, outlines the implications of the new capital and liquidity measures introduced by the Basel Committee on Banking Supervision, for borrowers.http://www.nabarro.com/Downloads/Financial_Regulation_International_Aug_2010.pdfSat, 10 Jul 2010 00:00:00 GMThttp://www.nabarro.com/Downloads/Financial_Regulation_International_Aug_2010.pdfFinancial Sector update July 2010HEADLINES: Time for positive action; Bank capital and liquidity measures: the implications for borrowers; Alternative Investment Fund Managers Directive: the 'trilogue' process. Taking stock of where we are and what to expect; Owning and occupying data centres: Ignore any property issues at your peril; Takeover Panel consultation following Kraft; Disciplinary Procedures: Just when we thought we knew it all; Public safety and the magnitude of risk: Guidance on the appropriate level of fine for fire safety breacheshttp://www.nabarro.com/Downloads/Financial-Sector-update-July-2010.pdfFri, 09 Jul 2010 00:00:00 GMThttp://www.nabarro.com/Downloads/Financial-Sector-update-July-2010.pdfEuropean Court gives narrow protection to DNA-based biotech patentsOn 6 July 2010 the Court of Justice (the renamed European Court of Justice) delivered its first-ever judgment on the extent of protection that European patents should give to biotech patents.http://www.nabarro.com/Downloads/IP-Life-Sciences-briefing-European-court-judgment.pdfThu, 08 Jul 2010 00:00:00 GMThttp://www.nabarro.com/Downloads/IP-Life-Sciences-briefing-European-court-judgment.pdfGood Harvest updateThe High Court held in February that a guarantee given by the existing tenants guarantor in respect of an assignees obligations was void and unenforceable. http://www.nabarro.com/Downloads/REDR-Good-Harvest-update.pdfThu, 08 Jul 2010 00:00:00 GMThttp://www.nabarro.com/Downloads/REDR-Good-Harvest-update.pdfThou shalt not avoid tax: has the Government gone GAAR GAAR?The Government announced in its emergency budget that, as part of its plan to tackle anti-avoidance, it is considering introducing a General Anti-Avoidance Rule (GAAR) to the UK. Whilst there are currently several so-called mini GAARs in place, the creation of a true GAAR would seek to stream-line the current provisions and would form one of the Governments strengthened defences against tax avoidance. <p></p> Other jurisdictions such as Australia, Canada, Germany, France and Spain already have, in differing guises, a GAAR. As with the disclosure regime, this may be another example of HMRC looking overseas for ways to combat avoidance.http://www.nabarro.com/Downloads/Tax-GAAR-July-2010.pdfThu, 08 Jul 2010 00:00:00 GMThttp://www.nabarro.com/Downloads/Tax-GAAR-July-2010.pdfBrussels Update 7 July 2010EU & Competition team newsletterhttp://www.nabarro.com/Downloads/Brussels-Update-7-July-2010.pdfWed, 07 Jul 2010 00:00:00 GMThttp://www.nabarro.com/Downloads/Brussels-Update-7-July-2010.pdfQuarter Day Issue 82'Rent review: the landlord could review the rent after a 13 year delay - A landlord successfully implemented a rent review 13 years after the review date, because time was not of the essence' 'Professional negligence: solicitors advice should not be too bullish - The court gives guidance about the standard of care expected from a solicitor and the remedies available to clients for negligent advice' 'Developers must check carefully for restrictive covenants - We explore the potentially disastrous impact of restrictive covenants on developments and how developers can avoid litigation' 'Break clauses: a tenant cannot exercise a personal break right after assigning its lease - The court makes it clear that a former tenant will only be able to operate a personal break clause in exceptional circumstances' 'Fraudulent misrepresentation: the court upholds non-reliance clauses in an agreement for lease - We look at liability for misrepresentation in a case where the project was a commercial disaster http://www.nabarro.com/Downloads/QuarterDay-Midsummer-2010.pdfTue, 06 Jul 2010 00:00:00 GMThttp://www.nabarro.com/Downloads/QuarterDay-Midsummer-2010.pdfReal Estate update - July 2010Real Estate newsletter - July 2010http://www.nabarro.com/Downloads/Real-Estate-update-July-2010.pdfTue, 06 Jul 2010 00:00:00 GMThttp://www.nabarro.com/Downloads/Real-Estate-update-July-2010.pdfEngagement letters – Do the terms stack up?Corporate finance advisers often enter into agreements involving tail fees (following termination of the engagement) or tail gunner clauses and introduction fees. The court has recently had to consider, in two separate cases, the payment of tail fees and introduction fees.http://www.nabarro.com/Downloads/Corporate-Engagement-letters.pdfMon, 05 Jul 2010 00:00:00 GMThttp://www.nabarro.com/Downloads/Corporate-Engagement-letters.pdfReal Estate joint ventures: their key featuresSelecting the appropriate legal structure for a joint venture project requires a shared understanding of objectives. There may be cultural mismatches and different expectations of the parties involved.http://www.nabarro.com/Downloads/Real_Estate_Joint_Ventures_key_features.pdfWed, 30 Jun 2010 00:00:00 GMThttp://www.nabarro.com/Downloads/Real_Estate_Joint_Ventures_key_features.pdfTransAtlantic June 2010A bulletin for our North American clients and colleagueshttp://www.nabarro.com/Downloads/9424.pdfWed, 30 Jun 2010 00:00:00 GMThttp://www.nabarro.com/Downloads/9424.pdfTax treaty scheme - Passport to success?A new Double Taxation Treaty Passport scheme will commence on 1 September 2010. The scheme will apply to overseas corporate lenders and is intended to speed up the process for claiming treaty relief on interest. Advance applications for a passport can now be made.http://www.nabarro.com/Downloads/Tax-briefing-Passport-Scheme.pdfMon, 28 Jun 2010 00:00:00 GMThttp://www.nabarro.com/Downloads/Tax-briefing-Passport-Scheme.pdfBrussels Update 24 June 2010EU & Competition team newsletterhttp://www.nabarro.com/Downloads/Brussels-Update-24-Jun-2010.pdfThu, 24 Jun 2010 00:00:00 GMThttp://www.nabarro.com/Downloads/Brussels-Update-24-Jun-2010.pdfStrategic Alliances: The next big thing in institutional investment?Institutional investors who have invested in real estate have experienced the pain of declining property values and the consequent acute adverse affect on their fund investments.<p> The result? Investors are looking for more control and turning to strategic alliances as a way forward. </p>http://www.nabarro.com/Downloads/Indirect-investment-Strategic-Alliances.pdfWed, 23 Jun 2010 00:00:00 GMThttp://www.nabarro.com/Downloads/Indirect-investment-Strategic-Alliances.pdfExtending accessorial liability for infringement – when does joint liability arise?The Court of Appeal has handed down an important judgment that clarifies when a defendant will be held accessorily liable for infringement as a joint infringer.http://www.nabarro.com/Downloads/IP-Extending-accessorial-liability-for-infringement.pdfWed, 23 Jun 2010 00:00:00 GMThttp://www.nabarro.com/Downloads/IP-Extending-accessorial-liability-for-infringement.pdfPensions Update (June 2010)Budget: more details; Automatic enrolment: summer review; Regulators revised guidance on record keeping and winding-up; Employer covenant Regulator materials; Regulators revised Internal Controls guidance; PPF imminent filing deadline: block transfershttp://www.nabarro.com/Downloads/Pensions_Update_June_2010.pdfWed, 23 Jun 2010 00:00:00 GMThttp://www.nabarro.com/Downloads/Pensions_Update_June_2010.pdfRetail Update June 2010HEADLINES: Employment UK new employment rights at a glance; Intellectual property using the new organic food labelling; Litigation beware the Bribery Act 2010; EU and Competition new laws for supply and distribution agreements; EU and Competition Competition Commission rubber stamps Sports Directs store acquisitionhttp://www.nabarro.com/Downloads/Retail-Group-update-Jun-2010.pdfTue, 22 Jun 2010 00:00:00 GMThttp://www.nabarro.com/Downloads/Retail-Group-update-Jun-2010.pdfPensions update Budget specialHEADLINES: Overview of proposals; No good news for high earners (yet); The end of annuities for all at 75; Tax rates and allowanceshttp://www.nabarro.com/Downloads/Pensions-update-Budget-special.pdfTue, 22 Jun 2010 00:00:00 GMThttp://www.nabarro.com/Downloads/Pensions-update-Budget-special.pdfFSA clamp down continuesOn 21 June, the Financial Services Authority imposed a fine of 500,000 on the photo booth operator Photo-Me International plc (PMI) for failing to disclose inside information.http://www.nabarro.com/Downloads/Corporate-alert-FSA-Clamp-Down.pdfMon, 21 Jun 2010 00:00:00 GMThttp://www.nabarro.com/Downloads/Corporate-alert-FSA-Clamp-Down.pdfPublic safety and the magnitude of risk: Guidance on the appropriate level of fine for fire safety breachesNew Look Retailers Limited appealed against a sentence of 400,000 imposed by the Recorder of Westminster for two breaches of the Regulatory Reform (Fire Safety) Order 2005. The Court of Appeal handed down Judgment on 16 June 2010: the appeal was dismissed. http://www.nabarro.com/Downloads/Health-and-Safety-Public-safety-and-the-magnitude-of-risk.pdfThu, 17 Jun 2010 00:00:00 GMThttp://www.nabarro.com/Downloads/Health-and-Safety-Public-safety-and-the-magnitude-of-risk.pdfThe Enterprise Investment Scheme Product GuideGetting your company investor ready for this important tax reliefhttp://www.nabarro.com/Downloads/Enterprise-Investment-Scheme.pdfTue, 15 Jun 2010 00:00:00 GMThttp://www.nabarro.com/Downloads/Enterprise-Investment-Scheme.pdfOFT Inquiry into Investment Banking FeesThe OFT has launched a market study into equity underwriting. This has been trailed in broad outline for some time but the shape of the inquiry is now clearer.http://www.nabarro.com/Downloads/Competition - OFT Inquiry into Investment Banking Fees.pdfMon, 14 Jun 2010 00:00:00 GMThttp://www.nabarro.com/Downloads/Competition - OFT Inquiry into Investment Banking Fees.pdfOFT Inquiry into Investment Banking FeesThe OFT has launched a market study into equity underwriting. This has been trailed in broad outline for some time but the shape of the inquiry is now clearer.http://www.nabarro.com/Downloads/Competition - OFT Inquiry into Investment Banking Fees.pdfMon, 14 Jun 2010 00:00:00 GMThttp://www.nabarro.com/Downloads/Competition - OFT Inquiry into Investment Banking Fees.pdfOFT Inquiry into Investment Banking FeesThe OFT has launched a market study into equity underwriting. This has been trailed in broad outline for some time but the shape of the inquiry is now clearer.http://www.nabarro.com/Downloads/Competition - OFT Inquiry into Investment Banking Fees.pdfMon, 14 Jun 2010 00:00:00 GMThttp://www.nabarro.com/Downloads/Competition - OFT Inquiry into Investment Banking Fees.pdfThe Patent Files - Cutting the cost of justice down to sizeJonathan Radcliffe comments on reforms to the patent litigation system.http://www.nabarro.com/Downloads/Cutting_the_cost_of_justice.pdfFri, 11 Jun 2010 00:00:00 GMThttp://www.nabarro.com/Downloads/Cutting_the_cost_of_justice.pdfLegal Update: EU - Growing pains for the Community Trade MarkLouise Gellman considers the ONEL judgment which suggested that use of a CTM in one EU member state was not sufficient to sustain it.http://www.nabarro.com/Downloads/Growing_pains_for_the_CTM.pdfFri, 11 Jun 2010 00:00:00 GMThttp://www.nabarro.com/Downloads/Growing_pains_for_the_CTM.pdfReal Estate briefing - CRC Energy Efficiency SchemeWith the introduction of the CRC Energy Efficiency Scheme (the CRC Scheme), further due diligence on property acquisitions should now be undertaken.http://www.nabarro.com/Downloads/Real-Estate-briefing-CRC-Energy-Efficiency-Scheme.pdfThu, 10 Jun 2010 00:00:00 GMThttp://www.nabarro.com/Downloads/Real-Estate-briefing-CRC-Energy-Efficiency-Scheme.pdfBirth of a new tactic - attacking a patent's priority dateJonathan Radcliffe of Nabarro assesses the implications of the judgement.http://www.nabarro.com/Downloads/Birth_of_a_new_tactic.pdfWed, 09 Jun 2010 00:00:00 GMThttp://www.nabarro.com/Downloads/Birth_of_a_new_tactic.pdfBrussels Update 7 June 2010EU & Competition team newsletterhttp://www.nabarro.com/Downloads/Brussels-Update-7-June-2010.pdfMon, 07 Jun 2010 00:00:00 GMThttp://www.nabarro.com/Downloads/Brussels-Update-7-June-2010.pdfKey Lease provisionsKey Lease provisionshttp://www.nabarro.com/Downloads/Key_Lease_Provisions.pdfFri, 04 Jun 2010 00:00:00 GMThttp://www.nabarro.com/Downloads/Key_Lease_Provisions.pdfAcquisition of Freehold LandAcquisition of Freehold Landhttp://www.nabarro.com/Downloads/Acquisition_of_Freehold_Land.pdfFri, 04 Jun 2010 00:00:00 GMThttp://www.nabarro.com/Downloads/Acquisition_of_Freehold_Land.pdfCorporate briefing - Takeover panel consultation following KraftThe Code Committee of the Takeover Panel has published a consultation paper on a range of fundamental aspects of the Takeover Code.http://www.nabarro.com/Downloads/Corporate-briefing-re-Takeover-panel-consultation-June-2010.pdfThu, 03 Jun 2010 00:00:00 GMThttp://www.nabarro.com/Downloads/Corporate-briefing-re-Takeover-panel-consultation-June-2010.pdfCorporate - New UK Corporate Governance CodeThe Financial Reporting Council (FRC) has published a new edition of the UK Corporate Governance Code (previously known as the Combined Code). The new Code will apply to all companies with a premium listing for reporting years beginning on or after 29 June 2010. http://www.nabarro.com/Downloads/Corporate-Briefing-New-UK-Corporate-Governance-Code.pdfWed, 02 Jun 2010 00:00:00 GMThttp://www.nabarro.com/Downloads/Corporate-Briefing-New-UK-Corporate-Governance-Code.pdfCorporate alert - Advisers BewareThe Takeover Panels public criticism of the recent offer by Kraft Food Inc for Cadbury plc will increasingly focus the attention of financial advisers on compliance with Rule 19.1 of the Takeover Code (the Code). http://www.nabarro.com/Downloads/Corporate-Alert-Advisers-beware.pdfWed, 02 Jun 2010 00:00:00 GMThttp://www.nabarro.com/Downloads/Corporate-Alert-Advisers-beware.pdfKey considerations when acquiring property in Western EuropeKey considerations when acquiring property in Western Europehttp://www.nabarro.com/Downloads/Acquiring_Property_in_Western_Europe.pdfTue, 01 Jun 2010 00:00:00 GMThttp://www.nabarro.com/Downloads/Acquiring_Property_in_Western_Europe.pdfTax - Prudential briefingFollowing the High Courts decision last November to limit the benefit of Legal Professional Privilege (LPP) to lawyers alone, Prudential are appealing in an attempt to extend LPP beyond the legal profession.http://www.nabarro.com/Downloads/Tax-briefing-Prudential.pdfFri, 28 May 2010 00:00:00 GMThttp://www.nabarro.com/Downloads/Tax-briefing-Prudential.pdfPensions Update (May 2010)HEADLINES: Coalition statement: no surprises on pensions; Inheritance tax: HMRC takes a tough line on pension benefits; Regulator exercises emergency powers: suspected pension fraud; Ill health retirements: two Ombudsman determinations upheld in the High Court.http://www.nabarro.com/Downloads/Pensions-update-May-2010.pdfThu, 27 May 2010 00:00:00 GMThttp://www.nabarro.com/Downloads/Pensions-update-May-2010.pdfBrussels Update 24 May 2010EU & Competition team newsletterhttp://www.nabarro.com/Downloads/Brussels-Update-24-May-2010.pdfMon, 24 May 2010 00:00:00 GMThttp://www.nabarro.com/Downloads/Brussels-Update-24-May-2010.pdfNew Coalition Government's "radical reform" of the planning systemThe 'programme for government', published on 20 May 2010 by the Conservative-Liberal Democrat coalition, contains plans to radically reform' the planning system. http://www.nabarro.com/Downloads/Planning-Briefing-Coalition-Goverment-radical-reform.pdfFri, 21 May 2010 00:00:00 GMThttp://www.nabarro.com/Downloads/Planning-Briefing-Coalition-Goverment-radical-reform.pdfIP - single character tradeThere have been two recent developments of particular importance to the owners of single character trade marks.http://www.nabarro.com/Downloads/IP-Single-character-trade.pdfWed, 19 May 2010 00:00:00 GMThttp://www.nabarro.com/Downloads/IP-Single-character-trade.pdfUnit trusts - an overviewUnit trusts are used for Real Estate Funds, usually in common law jurisdictions such as the UK, Australia, Ireland, Guernsey, Jersey and Singapore. But what are unit trusts and how and why are they used?http://www.nabarro.com/Downloads/Indirect_Investment_Unit_trusts.pdfTue, 18 May 2010 00:00:00 GMThttp://www.nabarro.com/Downloads/Indirect_Investment_Unit_trusts.pdfRedundancy in practice within the financial sectorMany financial institutions are experiencing further waves of mass redundancies. Many of you are highly skilled at running these processes to mitigate the risks of an unfair dismissal claim or a protective award. We can add to your experience by sharing our sector knowledge we all know the law but what works in practice in a redundancy scenario?http://www.nabarro.com/Downloads/Redundancy_in_practice_within_the_financial_sector.pdfTue, 18 May 2010 00:00:00 GMThttp://www.nabarro.com/Downloads/Redundancy_in_practice_within_the_financial_sector.pdfRedundancy in practice within the financial sectorMany financial institutions are experiencing further waves of mass redundancies. Many of you are highly skilled at running these processes to mitigate the risks of an unfair dismissal claim or a protective award. We can add to your experience by sharing our sector knowledge we all know the law but what works in practice in a redundancy scenario?http://www.nabarro.com/Downloads/Redundancy_in_practice_within_the_financial_sector.pdfTue, 18 May 2010 00:00:00 GMThttp://www.nabarro.com/Downloads/Redundancy_in_practice_within_the_financial_sector.pdfReal Estate update - May 2010Real Estate newsletter - May 2010http://www.nabarro.com/Downloads/Real-Estate-update-May-2010.pdfTue, 11 May 2010 00:00:00 GMThttp://www.nabarro.com/Downloads/Real-Estate-update-May-2010.pdfBiotech patents – Cutting the scope of protectionThe Advocate General of the Court of Justice (the renamed European Court of Justice) has published the first-ever opinion on the extent of protection that European patents should give to biotech patents. This controversial opinion proposes that the full Court should give a narrow interpretation to the Biotechnology Directive which was implemented to harmonise EU laws on the patentability of biotech inventions. Although now implemented in all Member States, there are major differences in how the Directive has been implemented. http://www.nabarro.com/Downloads/IP-Briefing-AGs-opinion-in-Monsanto-May-2010.pdfMon, 10 May 2010 00:00:00 GMThttp://www.nabarro.com/Downloads/IP-Briefing-AGs-opinion-in-Monsanto-May-2010.pdfFund trends survey 2010Investors are returning to real estate funds.<p></p> 3.2bn of new money was invested in pooled property funds in the fourth quarter of 2009, the highest on record since 1998. This amount far exceeded the peak of 1.7bn achieved during the previous upturn in 2006 (AREF).http://www.nabarro.com/Downloads/Fund_trends_survey_2010.pdfMon, 10 May 2010 00:00:00 GMThttp://www.nabarro.com/Downloads/Fund_trends_survey_2010.pdfReflections on the London G20 Summit: A progress reportJust over a year ago, the G20 summit was hailed for achieving a consensus on how the worlds leading 20 countries should respond to the financial crisis. That consensus consisted of six broad objectives aimed at restoring confidence, encouraging more lending, strengthening financial regulation, reforming the international financial institutions, promoting global trade and building an inclusive and sustainable recovery. The most difficult of these objectives has been in overhauling the systems of financial regulation. One year later, it is worth looking at what the reform agenda for financial regulation consisted of, and where that agenda stands now.http://www.nabarro.com/Downloads/Regulatory_-_Reflection_ on_the_London_G20_Summit_-_A_progress_report.pdfMon, 10 May 2010 00:00:00 GMThttp://www.nabarro.com/Downloads/Regulatory_-_Reflection_ on_the_London_G20_Summit_-_A_progress_report.pdfFeed-in Tariffs - FiT for purposeThe Governments long awaited Feed-in Tariff (FiTs) scheme for individuals, organisations and small businesses who install small to medium scale renewable projects was launched from 1 April of this year.http://www.nabarro.com/Downloads/CCE-Feed-in-Tariffs.pdfFri, 07 May 2010 00:00:00 GMThttp://www.nabarro.com/Downloads/CCE-Feed-in-Tariffs.pdfBrussels Update 5 May 2010EU & Competition team newsletterhttp://www.nabarro.com/Downloads/Brussels-Update-30-April-2010.pdfWed, 05 May 2010 00:00:00 GMThttp://www.nabarro.com/Downloads/Brussels-Update-30-April-2010.pdfRegistration of chargesThis article by Paul Donnelly looks at the recent Department for Business, Innovation & Skills proposals on the registration of charges created by companies and limited liability partnerships. A copy of this article originally appeared in Company Secretary's Review published by Tolley's/LexisNexis in April 2010. http://www.nabarro.com/Downloads/Registration_of_charges.pdfWed, 05 May 2010 00:00:00 GMThttp://www.nabarro.com/Downloads/Registration_of_charges.pdfHastings-Bass principleDoes the Hastings-Bass principle allow two bites at the cherry?http://www.nabarro.com/Downloads/Tax-briefing-Hastings-Bass-principle.pdfThu, 29 Apr 2010 00:00:00 GMThttp://www.nabarro.com/Downloads/Tax-briefing-Hastings-Bass-principle.pdfClimate Change and Energy Update - April 2010HEADLINES: New Energy Act receives Royal Assent; Plans unveiled to allow Local Authorities to Sell Electricity; Building a Roadmap for Heat: An Alternative Approach to our Low Carbon Future; Tidal Surge: new tidal technologies and the release of the Governments Marine Energy Action Plan; CCS Industrial Strategy: a Government Roadmap for Developing Innovation and Business; The 2010 Budget: a Green Investment;Push for Global Climate Deal and Support for Green Industry; Conservatives Energy Policy: An interview with shadow Climate Minister, Greg Barkerhttp://www.nabarro.com/Downloads/Climate-Change-and-Energy-update-April-2010.pdfThu, 29 Apr 2010 00:00:00 GMThttp://www.nabarro.com/Downloads/Climate-Change-and-Energy-update-April-2010.pdfPensions Update (April 2010)HEADLINES: Finance Act changes: less than a year left to amend your scheme rules; Equality Act; Trustees liable to forgotten beneficiaries: confirmation from Court of Appeal; Automatic enrolment: staging dates for employershttp://www.nabarro.com/Downloads/Pensions-Update-April-2010.pdfWed, 28 Apr 2010 00:00:00 GMThttp://www.nabarro.com/Downloads/Pensions-Update-April-2010.pdfConstruction & Engineering Group newsletter - Spring 2010Timing in Procurement Challenges * Design obligations the problem of fitness for purpose liability * Project Bank Accounts * Practical Completion: Getting it right in the credit crunch * Consultation on amendments to Scheme for Construction Contracts * The Bribery Act 2010http://www.nabarro.com/Downloads/Construction-and-Engineering-update-April-2010.pdfTue, 27 Apr 2010 00:00:00 GMThttp://www.nabarro.com/Downloads/Construction-and-Engineering-update-April-2010.pdfThe Equality Act 2010: Are you ready for harmony and equality?The long awaited Equality Bill became the Equality Act 2010 on 8 April 2010, overhauling current discrimination law. However, when the dust settles on the statute books, how significant will the impact on employers be in practice?http://www.nabarro.com/Downloads/Employment-Equality-Act.pdfTue, 27 Apr 2010 00:00:00 GMThttp://www.nabarro.com/Downloads/Employment-Equality-Act.pdfCRC Energy Efficiency Scheme: compliance issues for fund managersThe CRC Energy Efficiency Scheme (CRC) commenced on 1 April 2010. The CRC is a mandatory carbon trading scheme for organisations operating in the UK. Organisations obliged to participate in CRC will from 1 April 2011 have to buy carbon allowances in respect of emissions attributed to energy consumed by their operations. Qualifying funds and fund managers will be obliged to participate in the scheme.<p></p> http://www.nabarro.com/Downloads/CRC-efficiency-scheme-compliance-issues-for-fund-managers.pdfMon, 26 Apr 2010 00:00:00 GMThttp://www.nabarro.com/Downloads/CRC-efficiency-scheme-compliance-issues-for-fund-managers.pdfThe Bribery Act 2010The Bribery Bill completed its passage through Parliament and received Royal Assent on 8 April 2010. It now takes its place on the statute book as the Bribery Act 2010.http://www.nabarro.com/Downloads/Dispute-Resolution-The-Bribery-Act-2010.pdfThu, 22 Apr 2010 00:00:00 GMThttp://www.nabarro.com/Downloads/Dispute-Resolution-The-Bribery-Act-2010.pdfAnother important insider dealing win for the FSAThe FSA has announced significant penalties for Sameer Patel and Robin Chhabra for market abuse. Patel and Chhabra were banned for life from working in the financial services industry, and have had fines imposed consisting of a punitive component and a disgorgement of profits. The penalties follow the recent Financial Services and Markets Tribunal decision to uphold a November 2008 decision of the FSA that the two individuals had engaged in market abuse.http://www.nabarro.com/Downloads/Regulatory_-_Another_important_insider_dealing_win_for_the_FSA.pdfThu, 22 Apr 2010 00:00:00 GMThttp://www.nabarro.com/Downloads/Regulatory_-_Another_important_insider_dealing_win_for_the_FSA.pdfClimate Change and Energy Update - March 2010Project Discovery: Ofgem publishes its conclusions * The Oil Crunch: Taskforce Report on Peak Oil & Energy Security * DECC Consults on FITs and the RHI * Sustainable Community Infrastructure: Task group call for government support * The Mayor of London's Climate Change Strategies * Consultation update * Legislation updatehttp://www.nabarro.com/Downloads/Climate-Change-and-Energy-update-March-2010.pdfTue, 20 Apr 2010 00:00:00 GMThttp://www.nabarro.com/Downloads/Climate-Change-and-Energy-update-March-2010.pdfThe Bribery Act 2010The Bribery Bill completed its passage through Parliament and received Royal Assent on 8 April 2010. It now takes its place on the statute book as the Bribery Act 2010.http://www.nabarro.com/Downloads/Corporate-briefing-Bribery-Act-2010.pdfMon, 19 Apr 2010 00:00:00 GMThttp://www.nabarro.com/Downloads/Corporate-briefing-Bribery-Act-2010.pdfFSA Quarterly ConsultationOn 6 April 2010, the FSA published a consultation paper inviting comments on a small number of proposed amendments to clarify the application of the Listing Rules and the Disclosure and Transparency Rules.http://www.nabarro.com/Downloads/Corporate-briefing-FSA-Quarterly-Consultation.pdfFri, 16 Apr 2010 00:00:00 GMThttp://www.nabarro.com/Downloads/Corporate-briefing-FSA-Quarterly-Consultation.pdfGame overGuy Heath and Louisa Dixon of Nabarro LLP consider a recent English Court of Appeal case, which handed victory to the computer games industry in the fight against modders.http://www.nabarro.com/Downloads/Game_Over.PDFMon, 12 Apr 2010 00:00:00 GMThttp://www.nabarro.com/Downloads/Game_Over.PDFBrussels Update 7 April 2010EU & Competition team newsletterhttp://www.nabarro.com/Downloads/Brussels-Update-7-April-2010.pdfWed, 07 Apr 2010 00:00:00 GMThttp://www.nabarro.com/Downloads/Brussels-Update-7-April-2010.pdfCorporate Update - April 2010The Bribery Bill looks set to become law; UK Listing regime: key changes on 6 April 2010; Preparing for your AGM in 2010; List! 24 Risk factors v working capital statements; NAPF updates Corporate Governance Policy; Private equity-owned portfolio companies get guidance on good practice reporting; The CRC commences on 1 April 2010. Is your organisation ready? New European laws could affect the use of cookies on websites from May 2011; Doing things your way: the ups and downs of changing terms of employment and data protection developmentshttp://www.nabarro.com/Downloads/Corporate-update-April-2010.pdfWed, 31 Mar 2010 00:00:00 GMThttp://www.nabarro.com/Downloads/Corporate-update-April-2010.pdfECJ confirms in Müller that the exercise of planning powers is not subject to EU procurement rulesIn 2007, the European Court of Justice handed down its landmark judgment in Auroux which confirmed that the EU procurement rules apply to land development schemes. This has been followed by a further ruling on 25 March 2010 in the Mller case, which clarifies the circumstances in which public authorities may be entering into public works contracts within the meaning of the EU procurement Directives.http://www.nabarro.com/Downloads/EU-and-Competition-alert-Muller.pdfMon, 29 Mar 2010 00:00:00 GMThttp://www.nabarro.com/Downloads/EU-and-Competition-alert-Muller.pdfBrand owners fail in bid to push AdWords policing on to GoogleThis week, the Court of Justice of the European Union handed down two important decisions on the use of trade marks in 'sponsored links'. On Tuesday, the Court ruled that Google's AdWords service is essentially lawful. But an advertiser using the service (and, in certain situations, Google) may be liable for trade mark infringement if the advertisement misleads consumers. The finding relating to advertisers' potential liability was restated in yesterday's BergSpechte decision.http://www.nabarro.com/Downloads/IP-Google-AdWords.pdfFri, 26 Mar 2010 00:00:00 GMThttp://www.nabarro.com/Downloads/IP-Google-AdWords.pdfPensions Update (March 2010)HEADLINES: Budget 2010: no surprises on pensions; Changes to pensionable earnings: new consultation requirement; Employer debt: new restructuring easements effective from 6 April; PPF developments: onerous contracts, guidance on levy reduction and interest on late payments; Defining money purchase benefits: Court of Appeal decision; Snippets from HMRC: managing the scheme sanction charge and changes to the special annual allowance; Abolition of protected rights: confirmed from April 2012http://www.nabarro.com/Downloads/Pensions-update-March-2010.pdfFri, 26 Mar 2010 00:00:00 GMThttp://www.nabarro.com/Downloads/Pensions-update-March-2010.pdfThe ups and downs of changing terms of employment and data protection developments What do the strike by BAs cabin crew, the pay levels of ASDAs shop floor staff and the loss of personal details of 2,135 individuals by a large insurer have in common? Not much, you may think. However, they are all the subject of important recent developments and are the topics for this months Employment Briefing. http://www.nabarro.com/Downloads/Employment-changing-terms-of-employment.pdfFri, 26 Mar 2010 00:00:00 GMThttp://www.nabarro.com/Downloads/Employment-changing-terms-of-employment.pdfFSA crack down on mis-marking: is your compliance monitoring up to scratch?For the second time in two months the Financial Services Authority has taken action in relation to a trader mismarking his positions. Last week the FSA prohibited Alexis Stenfors from performing any function in relation to any regulated activity carried on by a regulated firm. The FSA has said it is likely to revoke the order after five years. The prohibition order was imposed on Stenfors in relation to his deliberate mis-marking of positions on his trading books while working as a trader on the short-term interest rate trading desk of the London branch of Merrill Lynch International Bank, and the head of Scandi swaps trading at Merrill Lynch.http://www.nabarro.com/Downloads/Regulatory_-_FSA_crack_down_on_mis-marking.pdfFri, 26 Mar 2010 00:00:00 GMThttp://www.nabarro.com/Downloads/Regulatory_-_FSA_crack_down_on_mis-marking.pdfFSA crack down on mis-marking: is your compliance monitoring up to scratch?For the second time in two months the Financial Services Authority has taken action in relation to a trader mismarking his positions. Last week the FSA prohibited Alexis Stenfors from performing any function in relation to any regulated activity carried on by a regulated firm. The FSA has said it is likely to revoke the order after five years. The prohibition order was imposed on Stenfors in relation to his deliberate mis-marking of positions on his trading books while working as a trader on the short-term interest rate trading desk of the London branch of Merrill Lynch International Bank, and the head of Scandi swaps trading at Merrill Lynch.http://www.nabarro.com/Downloads/Regulatory_-_FSA_crack_down_on_mis-marking.pdfFri, 26 Mar 2010 00:00:00 GMThttp://www.nabarro.com/Downloads/Regulatory_-_FSA_crack_down_on_mis-marking.pdfFSA crack down on mis-marking: is your compliance monitoring up to scratch?For the second time in two months the Financial Services Authority has taken action in relation to a trader mismarking his positions. Last week the FSA prohibited Alexis Stenfors from performing any function in relation to any regulated activity carried on by a regulated firm. The FSA has said it is likely to revoke the order after five years. The prohibition order was imposed on Stenfors in relation to his deliberate mis-marking of positions on his trading books while working as a trader on the short-term interest rate trading desk of the London branch of Merrill Lynch International Bank, and the head of Scandi swaps trading at Merrill Lynch.http://www.nabarro.com/Downloads/Regulatory_-_FSA_crack_down_on_mis-marking.pdfFri, 26 Mar 2010 00:00:00 GMThttp://www.nabarro.com/Downloads/Regulatory_-_FSA_crack_down_on_mis-marking.pdfREDR and Restructuring briefing - Pre-packsThe Government has announced that it will shortly begin a consultation on important new measures designed to boost confidence in the pre-pack administration procedure. You can have your say in this process.http://www.nabarro.com/Downloads/REDR-and-Restructuring-briefing-Pre-packs.pdfThu, 25 Mar 2010 00:00:00 GMThttp://www.nabarro.com/Downloads/REDR-and-Restructuring-briefing-Pre-packs.pdfQuarter Day Issue 81'Valuing dilapidations claims: the court will not invent a hypothetical purchaser - what can the court taken into account'; 'Failure to deliver a property in compliance with a special condition can frustrate a sale - what happens if a seller cannot comply with a special condition?'; 'Damages for loss of business premises: how much can a tenant recover? - can a tenant recover compensation for a potential business opportunity?'; 'Original guarantors: the demise of the repeat guarantee? - we look at the Good Harvest case and review its implications'; 'Administration expenses: landlords can recover the costs of a winding-up petition - we explore the costs that landlords can recover in insolvency proceedings'http://www.nabarro.com/Downloads/March-QuarterDay-electronic-version.pdfThu, 25 Mar 2010 00:00:00 GMThttp://www.nabarro.com/Downloads/March-QuarterDay-electronic-version.pdfUK Listing Regime: Key changes on 6 April 2010As of 6 April 2010, the UK Listing Authoritys (UKLA) listing regime is being restructured and companies will now be able to choose between a Premium listing and a Standard listing.http://www.nabarro.com/Downloads/Corporate-briefing_-_UK-Listing-Regime-19-March-2010.pdfTue, 23 Mar 2010 00:00:00 GMThttp://www.nabarro.com/Downloads/Corporate-briefing_-_UK-Listing-Regime-19-March-2010.pdfPreparing for your AGM in 2010 - AIM companiesThis briefing outlines the decisions and actions that AIM companies need to consider as they prepare for 2010 AGMs.http://www.nabarro.com/Downloads/The-AGM-in-2010-AIM-companies.pdfMon, 22 Mar 2010 00:00:00 GMThttp://www.nabarro.com/Downloads/The-AGM-in-2010-AIM-companies.pdfPreparing for your AGM in 2010 - listed companiesThis briefing outlines the decisions and actions that listed companies need to consider as they prepare for 2010 AGMs.http://www.nabarro.com/Downloads/The-AGM-in-2010-listed-companies.pdfMon, 22 Mar 2010 00:00:00 GMThttp://www.nabarro.com/Downloads/The-AGM-in-2010-listed-companies.pdfBrussels Update 22 March 2010EU & Competition team newsletterhttp://www.nabarro.com/Downloads/Brussels-Update-22-March-2010.pdfMon, 22 Mar 2010 00:00:00 GMThttp://www.nabarro.com/Downloads/Brussels-Update-22-March-2010.pdfLease renewals under the Landlord and Tenant Act 1954An introduction to the service of notices in the context of unopposed lease renewals under the Landlord and Tenant Act 1954http://www.nabarro.com/Downloads/Lease-Renewals-under-the-Landlord-and-Tenant-Act-1954.pdfFri, 19 Mar 2010 00:00:00 GMThttp://www.nabarro.com/Downloads/Lease-Renewals-under-the-Landlord-and-Tenant-Act-1954.pdfThe Bribery Bill looks set to become lawBribery laws in the UK are set for a significant overhaul if the Bribery Bill can be rushed through parliament before the General Election. The Bill has already passed through the House of Lords (where it originated) and is scheduled to go to Committee stage in the House of Commons on 16 March 2010. http://www.nabarro.com/Downloads/Corporate-briefing-Bribery-Bill.pdfTue, 16 Mar 2010 00:00:00 GMThttp://www.nabarro.com/Downloads/Corporate-briefing-Bribery-Bill.pdfReal Estate update - March 2010Real Estate newsletter - March 2010http://www.nabarro.com/Downloads/Real-Estate-Update-March-2010.pdfTue, 16 Mar 2010 00:00:00 GMThttp://www.nabarro.com/Downloads/Real-Estate-Update-March-2010.pdfIndia to UK - setting up and financing your business in the UKThere has never been a more opportune time for globally ambitious companies to be looking to the UK to set up and finance their businesses. Indian companies are certainly leading this trend, spending more on acquiring companies in the UK than any other country.http://www.nabarro.com/Downloads/UK_India_Business_Council.pdfThu, 11 Mar 2010 00:00:00 GMThttp://www.nabarro.com/Downloads/UK_India_Business_Council.pdfEmployee disciplinary hearings and whistleblowing - recent developmentsIn future employers will need to be careful when deciding whether or not to allow an employee to be legally represented at an internal disciplinary hearing. Two recent Court of Appeal decisions have affirmed the principle that, in some circumstances, employees will have a right to legal representation if they so request. The basic test that employers should apply in future is what will be the likely impact on the employees right to practise his profession if the allegations against the employee are upheld? http://www.nabarro.com/Downloads/Employment-Employee-disciplinary-hearings-and-whistleblowing.pdfTue, 09 Mar 2010 00:00:00 GMThttp://www.nabarro.com/Downloads/Employment-Employee-disciplinary-hearings-and-whistleblowing.pdfEnforcement of Adjudicators' DecisionsStatutory adjudication of disputes over construction contracts was introduced to counter unacceptable delays and expense in traditional dispute resolution processes. The courts have in the last few days re-affirmed their determination to make sure that losing parties in these interim decisions cannot avoid paying up simply by complaining that an error in the decision amounts to a 'breach of natural justice'.http://www.nabarro.com/Downloads/Construction-alert-Enforcement-of-Adjudicators-Decisions.pdfMon, 08 Mar 2010 00:00:00 GMThttp://www.nabarro.com/Downloads/Construction-alert-Enforcement-of-Adjudicators-Decisions.pdfResults of the 2010 QuarterDay readers' satisfaction surveyA substantial proportion of our readership responded to our recent survey. Our aim was to gauge our readers satisfaction with QD. Here are the results.http://www.nabarro.com/Downloads/QuarterDay-2010-Reader-Survey-Results.pdfFri, 05 Mar 2010 00:00:00 GMThttp://www.nabarro.com/Downloads/QuarterDay-2010-Reader-Survey-Results.pdfCourt of Appeal confirms that Cipriani cannot rely on the “own name” defenceThe Court of Appeal has now handed down its eagerly awaited judgment in Hotel Cipriani SRL and others v Cipriani (Grosvenor Street) Ltd and others [2010] EWCA Civ 110. The Court has affirmed the High Court judges decision on all points, finding that the defendants use of the names Cipriani and Cipriani London, in relation to the now-famous restaurant, infringes the first claimants Community trade mark registration for the mark CIPRIANI. http://www.nabarro.com/Downloads/IP-briefing-Court-of-Appeal-confirms-Cipriani-cannot-rely-on-own-name-defence.pdfFri, 05 Mar 2010 00:00:00 GMThttp://www.nabarro.com/Downloads/IP-briefing-Court-of-Appeal-confirms-Cipriani-cannot-rely-on-own-name-defence.pdfCorporate Governance - The impact of the Walker Review and FRC ReviewOn 26 November 2009, the final report and recommendations from Sir David Walker's review of corporate governance (the 'Walker Review') were published, closely followed on 1 December 2009 by the Financial Reporting Council's ('FRC') final report on its 2009 Review of the Combined Code on Corporate Governance (the 'Code') (the 'FRC Review').http://www.nabarro.com/Downloads/Corporate-Governance- The-impact-of-the-Walker-Review and-FRC-Review.pdfFri, 05 Mar 2010 00:00:00 GMThttp://www.nabarro.com/Downloads/Corporate-Governance- The-impact-of-the-Walker-Review and-FRC-Review.pdfClearing brands in EuropeEesheta Shah of Nabarro examines the challenges for business.http://www.nabarro.com/Downloads/Clearing-brands-in-Europe.pdfFri, 05 Mar 2010 00:00:00 GMThttp://www.nabarro.com/Downloads/Clearing-brands-in-Europe.pdfBrussels Update 4 March 2010EU & Competition team newsletterhttp://www.nabarro.com/Downloads/Brussels-Update-4-March-2010.pdfThu, 04 Mar 2010 00:00:00 GMThttp://www.nabarro.com/Downloads/Brussels-Update-4-March-2010.pdfList! 24 - Risk factors v working capital statementsThe UKLA has published a special edition of List! (List! 24) focussed entirely on working capital statements and risk factors.http://www.nabarro.com/Downloads/Corporate-Alert-List24-Risk-factors-v-working-capital-statements.pdfWed, 03 Mar 2010 00:00:00 GMThttp://www.nabarro.com/Downloads/Corporate-Alert-List24-Risk-factors-v-working-capital-statements.pdfCommunity Infrastructure Levy Regulations – What you need to knowCIL is a new charge introduced by the Planning Act 2008. Property owners and developers cannot afford to ignore CIL as local authorities will have draconian powers to enforce it. http://www.nabarro.com/Downloads/Real-Estate-and-Planning-Community-Infrastructure-Levy-CIL-Regulations-MAR-2010.pdfMon, 01 Mar 2010 00:00:00 GMThttp://www.nabarro.com/Downloads/Real-Estate-and-Planning-Community-Infrastructure-Levy-CIL-Regulations-MAR-2010.pdfGuarantees given by an existing tenant’s guarantor on lease assignment are unenforceable and invalidIn a ground breaking case, the High Court held that a guarantee given by the original tenants guarantor in respect of its assignees obligations was void and unenforceable.http://www.nabarro.com/Downloads/Real-Estate-Dispute-Resolution-re-Guarantees-on-lease-assignment.pdfWed, 24 Feb 2010 00:00:00 GMThttp://www.nabarro.com/Downloads/Real-Estate-Dispute-Resolution-re-Guarantees-on-lease-assignment.pdfPensions Update (February 2010)HEADLINES: PPF levy 2011/12: check your insolvency risk now; GMP equalisation: no further forward; Record keeping: Regulator consultation; Winding up: avoiding delays; Myners principles: proposed changes for DC; Additional Paternity Leave from April 2011; Notional earnings cap 2010/2011http://www.nabarro.com/Downloads/Pensions-Update-February-2010.pdfTue, 23 Feb 2010 00:00:00 GMThttp://www.nabarro.com/Downloads/Pensions-Update-February-2010.pdfUK Customs introduce simplified procedure for destruction of counterfeit goodsFrom 10 March 2010, UK Customs will follow a new regime for treating seized counterfeit and pirated goods as abandoned for destruction. New legislation* has been made to adopt the simplified procedure set out in Article 11 of the 2003 EU Customs Regulation. It also applies to products infringing patents and other IP rights.http://www.nabarro.com/Downloads/IP-UK-Customs-introduce-simplified-procedure-for-destruction-of-counterfeit-goods.pdfTue, 23 Feb 2010 00:00:00 GMThttp://www.nabarro.com/Downloads/IP-UK-Customs-introduce-simplified-procedure-for-destruction-of-counterfeit-goods.pdfPrivate equity limited partnerships – An overview and update on reformAs a flexible vehicle bringing tax transparency and limited liability, English limited partnerships ('ELPs') are efficient structures through which businesses, varied in size and sector, can operate.http://www.nabarro.com/Downloads/Private-equity-limited-partnerships-an-overview-and-update-on-reform.pdfThu, 18 Feb 2010 00:00:00 GMThttp://www.nabarro.com/Downloads/Private-equity-limited-partnerships-an-overview-and-update-on-reform.pdfPrivate equity limited liability partnerships – The best of both worlds?The Limited Liability Partnerships Act 2000 (the 'Act') introduced a new entity called the English Limited Liability Partnership (the 'LLP') in April 2009 which has rapidly become the vehicle of choice for the UK based managers of alternative funds. This is because an LLP combines the flexibility of a partnership with separate legal personality and a favourable UK tax treatment.http://www.nabarro.com/Downloads/Private-Equity-LLPs.pdfThu, 18 Feb 2010 00:00:00 GMThttp://www.nabarro.com/Downloads/Private-Equity-LLPs.pdfBrussels Update February 2010EU & Competition team newsletterhttp://www.nabarro.com/Downloads/Brussels-Update-Feb-2010.pdfTue, 16 Feb 2010 00:00:00 GMThttp://www.nabarro.com/Downloads/Brussels-Update-Feb-2010.pdfFound the right person for the top job? Firms must prepare for the FSA to give its opinionThe FSA has always held directors and senior managers of financial institutions accountable for the running of their firms. But following the financial crisis the FSA was criticised for not having vetted sufficiently senior managers running some of the UKs largest institutions. As a result the FSA has recently re-emphasised that it will take a more active role in the recruitment process of executive directors, non-executive directors and other senior managers. http://www.nabarro.com/Downloads/Financial_Regulation_FSA_Feb_2010.pdfTue, 16 Feb 2010 00:00:00 GMThttp://www.nabarro.com/Downloads/Financial_Regulation_FSA_Feb_2010.pdfAbuse of dominance in the EU: the evolving law and practiceArticle 102 of the TFEU (formerly Article 82 of the EC Treaty) prohibits abuse by one or more undertakings of a dominant position within a market in the EU or a substantial part of the EU. This article reviews recent developments in the application of Article 102 in the context of the Guidance, and goes on to consider areas not covered by the Guidance.http://www.nabarro.com/Downloads/Abuse-of-dominance-in-the-EU.PDFFri, 12 Feb 2010 00:00:00 GMThttp://www.nabarro.com/Downloads/Abuse-of-dominance-in-the-EU.PDFWhen is a subsidiary no longer a subsidiary? The Lender PerspectiveIn <em>Enviroco Limited v Farstad Supply A/S</em>, the Court of Appeal considered the definition of a subsidiary in accordance with the Companies Act 1985. It was held that where a holding company has granted a legal mortgage over its shares and they are registered in the name of the lender or its nominee, the holding company is no longer deemed to be a member of the subsidiary. http://www.nabarro.com/Downloads/Banking-Finance-Briefing-Enviroco-February-2010.pdfThu, 11 Feb 2010 00:00:00 GMThttp://www.nabarro.com/Downloads/Banking-Finance-Briefing-Enviroco-February-2010.pdfFit Notes and Additional Paternity Leave and Pay Are ComingWhether its a Swan Song or a Promise Made True, on 6 April well see the introduction of two more government-led employment initiatives. The familiar (but often incomprehensible) sick notes will be replaced with fit notes, which aim to alter the way employers handle sickness absences. And, Regulations giving (mainly) dads the right to Additional Paternity Leave and Pay will also take effect from this date, although they will only apply to babies due to be born or matched for adoption from 3 April 2011. Both changes are likely to impact employment policies and pay arrangements.http://www.nabarro.com/Downloads/Employment-briefing-Fit-Notes-and-Additional-Paternity-Leave.pdfWed, 10 Feb 2010 00:00:00 GMThttp://www.nabarro.com/Downloads/Employment-briefing-Fit-Notes-and-Additional-Paternity-Leave.pdfIs this a record? 1,519 domain names transferred by one WIPO decisionInter-Continental Hotels Corporation and Six Continents Hotels, Inc., which are part of the same group of companies, have succeeded in having 1,519 domain names transferred as a result of a single domain name complaint.http://www.nabarro.com/Downloads/IP-Alert-Domain-names-transferred.pdfFri, 05 Feb 2010 00:00:00 GMThttp://www.nabarro.com/Downloads/IP-Alert-Domain-names-transferred.pdfOpening doors: The potential of joint ventures to deliver new homes via Local Housing Companies'Opening doors - The potential of joint ventures to deliver new homes via Local Housing Companies' was commissioned by Nabarro LLP to get a clearer view on one of the key issues facing local government today - identifying the most effective methods of delivering new homes. This report focuses on joint ventures, investigating LHCs as one option.http://www.nabarro.com/Downloads/Opening Doors - The potential of joint ventures to deliver new homes via Local Housing Companies.pdfThu, 04 Feb 2010 00:00:00 GMThttp://www.nabarro.com/Downloads/Opening Doors - The potential of joint ventures to deliver new homes via Local Housing Companies.pdfFeed-In Tariffs and Renewable Heat IncentivesThis Monday the Government confirmed its policy decisions on the final form of the Feed-In Tariff (FiT) scheme. Based on those decisions, a draft Order is due to be laid before Parliament this month. http://www.nabarro.com/Downloads/CCE-briefing-Feed-In-Tariffs-and-Renewable-Heat-Incentives.pdfWed, 03 Feb 2010 00:00:00 GMThttp://www.nabarro.com/Downloads/CCE-briefing-Feed-In-Tariffs-and-Renewable-Heat-Incentives.pdfCorporate update: Did you know that...? - January 2010Takeover Code amendments; Corporate Governance The Walker Review and FRC Review of the Combined Code; UK class actions are coming to financial services; ISC Code on the Responsibilities of Institutional Investors; UK Listing regime to offer Premium and Standard options; Statements of capital: proposed amendments will ease the burden; Debt for equity swaps an introductionhttp://www.nabarro.com/Downloads/Corporate-update-January-2010.pdfFri, 29 Jan 2010 00:00:00 GMThttp://www.nabarro.com/Downloads/Corporate-update-January-2010.pdfClimate Change and Energy Update - January 2010Europe Unites to Build Renewable Energy Supergrid * The future climate change and energy policy: what questions would you like put to energy ministers? * Copenhagen: the journey begins now * EU Emissions Trading Scheme: Regulation and trading update * OFTOs: Ofgem announces successful bidders and consults on enduring regime * Consultation update * Legislation updatehttp://www.nabarro.com/Downloads/Climate-Change-and-Energy-January-2010.pdfThu, 28 Jan 2010 00:00:00 GMThttp://www.nabarro.com/Downloads/Climate-Change-and-Energy-January-2010.pdfPensions Update (January 2010)HEADLINES Automatic enrolment: all systems go for 2012; Minimum pension age increasing to 55 from 6 April 2010: be prepared; PPF levy and contingent assets: time to get filing; Disclosure of information: electronic communication with members; Trustees are not obliged to offer benefit improvements: High Court rules on post-A-Day requirementshttp://www.nabarro.com/Downloads/Pensions-update-January-2010.pdfThu, 28 Jan 2010 00:00:00 GMThttp://www.nabarro.com/Downloads/Pensions-update-January-2010.pdfFinal Temps Regulations are published: another missed opportunity?As the final Agency Workers Regulations 2010 (the Temps Regulations) landed on our desks, we were filled with optimism: surely the final article will give us the clarity and certainty we have all been waiting for. Alas, this was not to be.http://www.nabarro.com/Downloads/Final-Temps-Regulations-published-jan-2010.PDFThu, 28 Jan 2010 00:00:00 GMThttp://www.nabarro.com/Downloads/Final-Temps-Regulations-published-jan-2010.PDFBrussels Update - 28 January 2010EU & Competition team newsletterhttp://www.nabarro.com/Downloads/Brussels-Update-End-Jan-2010.pdfWed, 27 Jan 2010 00:00:00 GMThttp://www.nabarro.com/Downloads/Brussels-Update-End-Jan-2010.pdfUK trade marks – oppose now, or pay laterDisappointing news for those hoping that the controversial Evans and Evans v Focal Point Fires Plc (Firecraft) decision of November 2009 would soon be overturned: the decision is not to be appealed. The trade mark community will be poorer as a result. http://www.nabarro.com/Downloads/IP-Briefing-UK-trade-marks.pdfMon, 25 Jan 2010 00:00:00 GMThttp://www.nabarro.com/Downloads/IP-Briefing-UK-trade-marks.pdfAdministrators who use premises must pay the rent as an expenseThe court has clarified that administrators must pay rent as an expense of the administration when they use property.http://www.nabarro.com/Downloads/REDR-Administrators-who-use-premises.pdfSat, 23 Jan 2010 00:00:00 GMThttp://www.nabarro.com/Downloads/REDR-Administrators-who-use-premises.pdfQuarter Day Issue 80'Development can breach a covenant against nuisance or annoyance'; 'Administrations: how the court balances conflicting interests'; 'Developer wins damages: advertising hoarding was encroaching into airspace'; '1954 Act proceedings: an insolvent landlord cannot buy time'; 'Squatters' rights: acquired by moving a boat on the Thames' http://www.nabarro.com/Downloads/QuarterDay-80-Christmas-2009.pdfFri, 22 Jan 2010 00:00:00 GMThttp://www.nabarro.com/Downloads/QuarterDay-80-Christmas-2009.pdfStandard Life fine: FSA's biggest ever fine for financial promotions failuresIn a further sign that the Financial Services Authority is significantly stepping up its enforcement efforts, the regulator has fined Standard Life Assurance Limited 2.45m for serious breaches of principle three (management and control) and principle seven (communications with clients) of the FSA's Principles for Businesses.http://www.nabarro.com/Downloads/Regatory_Standard_Life_Fine.pdfFri, 22 Jan 2010 00:00:00 GMThttp://www.nabarro.com/Downloads/Regatory_Standard_Life_Fine.pdfVorsprung durch Technik: Success for Audi on appealThe Court of Justice of the European Union (formerly the ECJ) yesterday annulled the decision of the EU General Court (formerly the CFI) to uphold the partial refusal of Audis Community trade mark application for VORSPRUNG DURCH TECHNIK for all non vehicle-related goods and services.http://www.nabarro.com/Downloads/IP-Success-for-Audi-on-appeal.pdfFri, 22 Jan 2010 00:00:00 GMThttp://www.nabarro.com/Downloads/IP-Success-for-Audi-on-appeal.pdfStandard Life fine: FSA's biggest ever fine for financial promotions failuresIn a further sign that the Financial Services Authority is significantly stepping up its enforcement efforts, the regulator has fined Standard Life Assurance Limited 2.45m for serious breaches of principle three (management and control) and principle seven (communications with clients) of the FSA's Principles for Businesses.http://www.nabarro.com/Downloads/Regatory_Standard_Life_Fine.pdfFri, 22 Jan 2010 00:00:00 GMThttp://www.nabarro.com/Downloads/Regatory_Standard_Life_Fine.pdfCRC Energy Efficiency Scheme (CRC): OverviewThe CRC is due to commence in April 2010. Is your organisation ready?http://www.nabarro.com/Downloads/8853.pdfThu, 21 Jan 2010 00:00:00 GMThttp://www.nabarro.com/Downloads/8853.pdfRent review: common sense and the presumption of realityThe 'presumption of reality' is an important principle which has been developed by the Court to help to interpret rent review clauses.http://www.nabarro.com/Downloads/Rent-review-common-sense-and-the-presumption-of-reality.pdfThu, 21 Jan 2010 00:00:00 GMThttp://www.nabarro.com/Downloads/Rent-review-common-sense-and-the-presumption-of-reality.pdfBreak notices: tenant's invalid notice keeps it on hook for rent of £1 million per yearA break notice served by one of two joint tenants was held 1 to be invalid. In consequence , the tenants remained bound by the lease for a further five years at a rent of just under 1 million per year (subject to review).http://www.nabarro.com/Downloads/Break-notices-tenant's-invalid-notice-keeps-it-on-hook-for-rent.pdfWed, 20 Jan 2010 00:00:00 GMThttp://www.nabarro.com/Downloads/Break-notices-tenant's-invalid-notice-keeps-it-on-hook-for-rent.pdfPenfold Review of Non-Planning Consents: Call for Evidence by 10 February 2010 reviewThe Government-led Penfold Review was launched in December, with a deadline for industry to contribute by 10 February 2010. <p></p> The review is examining how to streamline the process for obtaining consents which do not form part of the planning process. The time presently taken to obtain such consents is perceived to cause delay and uncertainty and impact upon investment. The Department for Business, Innovation and Skills, (BIS), has called for evidence, with a view to identifying barriers and delays in the consent process. They are seeking input from industry representatives, private sector developers, Local Authorities and regulatory bodies. http://www.nabarro.com/Downloads/Environment-briefing-Penfold-review-20-Jan-2010.pdfWed, 20 Jan 2010 00:00:00 GMThttp://www.nabarro.com/Downloads/Environment-briefing-Penfold-review-20-Jan-2010.pdfCorporate briefing - Enviroco caseA recent decision of the Court of Appeal has called into question the definition of a 'subsidiary' in circumstances where a holding company grants a legal mortgage over shares in its subsidiary.http://www.nabarro.com/Downloads/Corporate-briefing-Enviroco-case.pdfWed, 20 Jan 2010 00:00:00 GMThttp://www.nabarro.com/Downloads/Corporate-briefing-Enviroco-case.pdfCorporate briefing - Enviroco caseA recent decision of the Court of Appeal has called into question the definition of a 'subsidiary' in circumstances where a holding company grants a legal mortgage over shares in its subsidiary.http://www.nabarro.com/Downloads/Corporate-briefing-Enviroco-case.pdfWed, 20 Jan 2010 00:00:00 GMThttp://www.nabarro.com/Downloads/Corporate-briefing-Enviroco-case.pdfRecent developments in disability and sex discriminationThe law is moving on with the times we think! At the end of last year, for the first time, the Courts issued an injunction, requiring a bank to make reasonable adjustments to disabled access to its premises, at the cost of 200,000. The EAT gave us some helpful guidance on how employers should treat the rising number of employees undergoing IVF. And, the compensation rates for unfair dismissal came down (yes, down) to reflect the current economic conditions. <p></p> What should you make of all this? http://www.nabarro.com/Downloads/Employment-recent-developments-in-disabiltiy-and-sex-discrimination-Jan-2010.pdfWed, 20 Jan 2010 00:00:00 GMThttp://www.nabarro.com/Downloads/Employment-recent-developments-in-disabiltiy-and-sex-discrimination-Jan-2010.pdfRecent developments in disability and sex discriminationThe law is moving on with the times we think! At the end of last year, for the first time, the Courts issued an injunction, requiring a bank to make reasonable adjustments to disabled access to its premises, at the cost of 200,000. The EAT gave us some helpful guidance on how employers should treat the rising number of employees undergoing IVF. And, the compensation rates for unfair dismissal came down (yes, down) to reflect the current economic conditions. <p></p> What should you make of all this? http://www.nabarro.com/Downloads/Employment-recent-developments-in-disabiltiy-and-sex-discrimination-Jan-2010.pdfWed, 20 Jan 2010 00:00:00 GMThttp://www.nabarro.com/Downloads/Employment-recent-developments-in-disabiltiy-and-sex-discrimination-Jan-2010.pdfCorporate briefing - Enviroco caseA recent decision of the Court of Appeal has called into question the definition of a 'subsidiary' in circumstances where a holding company grants a legal mortgage over shares in its subsidiary.http://www.nabarro.com/Downloads/Corporate-briefing-Enviroco-case.pdfWed, 20 Jan 2010 00:00:00 GMThttp://www.nabarro.com/Downloads/Corporate-briefing-Enviroco-case.pdfRecent developments in disability and sex discriminationThe law is moving on with the times we think! At the end of last year, for the first time, the Courts issued an injunction, requiring a bank to make reasonable adjustments to disabled access to its premises, at the cost of 200,000. The EAT gave us some helpful guidance on how employers should treat the rising number of employees undergoing IVF. And, the compensation rates for unfair dismissal came down (yes, down) to reflect the current economic conditions. <p></p> What should you make of all this? http://www.nabarro.com/Downloads/Employment-recent-developments-in-disabiltiy-and-sex-discrimination-Jan-2010.pdfWed, 20 Jan 2010 00:00:00 GMThttp://www.nabarro.com/Downloads/Employment-recent-developments-in-disabiltiy-and-sex-discrimination-Jan-2010.pdfInterpretation of contracts: the House of Lords favours a commercial approachDisputes sometimes arise over what a provision in a document means. The rules of construction (i.e .the rules used by the Court to decide what a document means) have evolved over the years.http://www.nabarro.com/Downloads/Interpretation-of-contracts-the-House-of-Lords-favours-a-commercial-approach.pdfTue, 19 Jan 2010 00:00:00 GMThttp://www.nabarro.com/Downloads/Interpretation-of-contracts-the-House-of-Lords-favours-a-commercial-approach.pdfHotel owners check out bulk-registrationJonathan Radcliffe and David Parrish of the Nabarro IP group review a record-setting domain-name case brought by a hotel chain.http://www.nabarro.com/Downloads/Hotel-owners-check-out-bulk-registration.pdfTue, 19 Jan 2010 00:00:00 GMThttp://www.nabarro.com/Downloads/Hotel-owners-check-out-bulk-registration.pdfNAPF updates Corporate Governance PolicyOn 19 January 2010, the NAPF published its updated Corporate Governance Policy and Voting Guidelines (NAPF Policy) which will apply during the 2010 AGM voting season.http://www.nabarro.com/Downloads/Corporate-alert-NAPF-updates-Corporate-Governance-Policy.pdfTue, 19 Jan 2010 00:00:00 GMThttp://www.nabarro.com/Downloads/Corporate-alert-NAPF-updates-Corporate-Governance-Policy.pdfTrespass: the penalties payable when trespass occurs below sea levelIn Bocardo v Star Energy the Court of Appeal considered the extent to which a landowner owns the strata beneath the surface of his land and clarified the assessment of damages for trespass in a decision which has costly implications for oil companies.http://www.nabarro.com/Downloads/Trespass-the-penalties-payable-when-trespass-occurs-below-sea-level.pdfMon, 18 Jan 2010 00:00:00 GMThttp://www.nabarro.com/Downloads/Trespass-the-penalties-payable-when-trespass-occurs-below-sea-level.pdfMinimum pension age increasing to 55 from 6 April 2010: be preparedAt the moment, the earliest age from which most pension scheme benefits can be drawn without attracting tax penalties is 50. This is referred to in the Finance Act 2004 as the normal minimum pension age (NMPA). On 6 April 2010 the NMPA will rise from 50 to 55. In effect this means that most pension scheme members will not be able to take early retirement benefits before age 55. Those in ill-health may draw benefits earlier and some scheme members may retain pre-Finance Act rights to take benefits before age 55 (this is known as the 'protected pension age'). Scheme trustees and administrators need to ensure that they are ready for this change. http://www.nabarro.com/Downloads/Pension-briefing-Minimum-pension-age-Jan-2010.pdfMon, 18 Jan 2010 00:00:00 GMThttp://www.nabarro.com/Downloads/Pension-briefing-Minimum-pension-age-Jan-2010.pdfVirtual Assignments and their Tax TreatmentThe advantages of using a virtual assignment are:<p></p> It can be drafted to be commercially equivalent to an actual assignment <p></p> Virtual assignments can be quicker to effect as they do not require consent<p></p> There is no parting of possession or occupation on a virtual assignment<p></p> There will be no SDLT to pay<p></p> However, it should be noted that the tax treatment of a virtual assignment is not identical to an actual assignment: capital allowances cannot pass and there may be VAT leakage. The following article explains more and gives full details of two recent cases .... http://www.nabarro.com/Downloads/Tax-briefing-Virtual-Assignments-Jan-2010.pdfMon, 18 Jan 2010 00:00:00 GMThttp://www.nabarro.com/Downloads/Tax-briefing-Virtual-Assignments-Jan-2010.pdfCivil Litigation Costs ReformWidespread reforms to the ways in which civil litigation is paid for were recommended by Lord Justice Jackson in his 557 page report published last week with the aim of reducing the sometimes disproportionate cost of going to court. http://www.nabarro.com/Downloads/Litigation-briefing-re-Civil-Litigation-Costs-Reform.pdfMon, 18 Jan 2010 00:00:00 GMThttp://www.nabarro.com/Downloads/Litigation-briefing-re-Civil-Litigation-Costs-Reform.pdfEasements: developers must make sure they have all the right consentsDevelopers can face difficulties if they do not obtain contractual consents from landowners at the time an easement is granted.http://www.nabarro.com/Downloads/Easements-developers-must-make-sure-they-have-all-the-right-consents.pdfSun, 17 Jan 2010 00:00:00 GMThttp://www.nabarro.com/Downloads/Easements-developers-must-make-sure-they-have-all-the-right-consents.pdfUpdated RICS Service Charge Code of Practice: tenant alterations and sinking fundsThe Royal Institution of Chartered Surveyors (RICS) recently produced two Information Papers to supplement its Code of Practice for Service Charges in Commercial Property (the Code). Service charges are often based on a ratio of a tenants floor space to the total lettable area and the first Paper covers the impact of a tenants alterations to its floor area on other tenants service charges. The second Paper covers sinking funds.http://www.nabarro.com/Downloads/Updated-RICS-Service-Charge-Code-of-Practice--tenant-alterations-and-sinking-funds.PDFSat, 16 Jan 2010 00:00:00 GMThttp://www.nabarro.com/Downloads/Updated-RICS-Service-Charge-Code-of-Practice--tenant-alterations-and-sinking-funds.PDFContracts for sale: an agent with oral authority can bind a sellerThe Court of Appeal has found that an agent can bind a seller to a contract for sale, where the agent acted on oral authority alone.http://www.nabarro.com/Downloads/Contracts-for-sale--an-agent-with-oral-authority-can-bind-a-seller.PDFFri, 15 Jan 2010 00:00:00 GMThttp://www.nabarro.com/Downloads/Contracts-for-sale--an-agent-with-oral-authority-can-bind-a-seller.PDFCPA Model Conditions fail to protect owner of construction plantThe Construction Plant Hire Association's Models Conditions for Plant Hire 2001 (CPA Model Conditions) are widely used throughout the construction industry. The CPA Model Conditions are rarely varied by parties. Often they are simply relied upon as being capable of covering all eventualities. Regularly, owners of plant hire out their plant, together with one of their employees to operate it. They often work under the illusion that if anything goes wrong (that results in a legal claim for damages), the CPA Model Conditions will successfully protect them from liability. This is simply not always the case, as the recent case of Jose -v- MacSalvors Plant Hire Ltd [2009] vividly illustrates. http://www.nabarro.com/Downloads/CPA-Model-Conditions-Jan-2010.pdfFri, 15 Jan 2010 00:00:00 GMThttp://www.nabarro.com/Downloads/CPA-Model-Conditions-Jan-2010.pdfABI Position Paper – Executive RemunerationThe Association of British Insurers (ABI) has published a position paper on executive remuneration. The objective is to help remuneration committees understand how shareholders expect the ABIs Executive Remuneration Guidelines to be implemented in the current economic conditions and to encourage constructive dialogue between remuneration committees and shareholders.http://www.nabarro.com/Downloads/Corporate-alert-ABI-Position-Paper.pdfThu, 14 Jan 2010 00:00:00 GMThttp://www.nabarro.com/Downloads/Corporate-alert-ABI-Position-Paper.pdfBrussels Update 13 January 2010EU & Competition team newsletterhttp://www.nabarro.com/Downloads/Brussels-Update-13-January-2010.pdfWed, 13 Jan 2010 00:00:00 GMThttp://www.nabarro.com/Downloads/Brussels-Update-13-January-2010.pdfReal Estate update January 2010Real Estate updatehttp://www.nabarro.com/Downloads/Real-Estate-Update-January-2010.pdfWed, 13 Jan 2010 00:00:00 GMThttp://www.nabarro.com/Downloads/Real-Estate-Update-January-2010.pdfLPA Receivers: unlikely to be liable for rates, even if they control a businessWhen a borrower appoints a Law of Property Act 1925 Receiver (an LPA Receiver), the LPA Receiver can take physical control of the property. Even though the LPA Receiver has control of the property (and even control of the business) the borrower remains liable for non-domestic rates.http://www.nabarro.com/Downloads/LPA-Receivers-unlikely-to-be-liable-for-rates-even-if-they-control-a-business.PDFTue, 12 Jan 2010 00:00:00 GMThttp://www.nabarro.com/Downloads/LPA-Receivers-unlikely-to-be-liable-for-rates-even-if-they-control-a-business.PDFAGAs: guarantor's obligations continue even after the assignee goes bustThe Court of Appeal has confirmed that a guarantor's liability under an Authorised Guarantee Agreement (AGA) will survive when the tenant goes into liquidation and the lease is disclaimed by the liquidator.http://www.nabarro.com/Downloads/AGAs-guarantors-obligations-continue-even-after-the-assignee-goes-bust.PDFTue, 12 Jan 2010 00:00:00 GMThttp://www.nabarro.com/Downloads/AGAs-guarantors-obligations-continue-even-after-the-assignee-goes-bust.PDFPublic Procurement Winter 2009Public Procurement Newsletterhttp://www.nabarro.com/Downloads/Public-Procurement-Newsletter-Winter-2009.pdfTue, 12 Jan 2010 00:00:00 GMThttp://www.nabarro.com/Downloads/Public-Procurement-Newsletter-Winter-2009.pdfAccess and development rightsThe recent Court of Appeal decision in Risegold Ltd -v- Escala Ltd [2008] EWCA CiV 1180 has highlighted the importance of developers ensuring, when purchasing land for redevelopment, that the land comes with the necessary rights of access to adjoining land which may be required to develop effectively. Landlords should also take note and ensure that leases reserve them sufficient rights to access the tenants premises in order to redevelop adjoining premises. Developers/landlords could find that their rights of access for that purpose are limited despite, on the face of it, having a right of access to adjoining premises.http://www.nabarro.com/Downloads/Access-and-development-rights.pdfMon, 11 Jan 2010 00:00:00 GMThttp://www.nabarro.com/Downloads/Access-and-development-rights.pdfChallenging a rent review rewardWith demand for property at an all-time low, tenants will look carefully at the possibility of challenging any increases in their rental costs which might be awarded at rent review.http://www.nabarro.com/Downloads/Challenging-a-rent-review-award.pdfSun, 10 Jan 2010 00:00:00 GMThttp://www.nabarro.com/Downloads/Challenging-a-rent-review-award.pdfShopping Centre promotionsThe wording of a service charge clause came under scrutiny recently in the case of Boots UK Limited -v- Trafford Centre Limited [2008] EWHC 3372 (Ch). Although the court found in favour of the landlord this time, the case highlights the need for service charge clauses to be drafted carefully. This is particularly important in the current economic climate, as tenants are considering service charge expenditure and the services provided by landlords more closely than they have done in recent years.http://www.nabarro.com/Downloads/Shopping-centre-promotions.pdfSat, 09 Jan 2010 00:00:00 GMThttp://www.nabarro.com/Downloads/Shopping-centre-promotions.pdf