Nabarro RSS Briefings and Reports feedCopyright statementhttp://www.nabarro.com/rss.aspx14499http://www.nabarro.comhttp://www.nabarro.com/Images/mainsite/nabarro_logo.gif5EU & Competition newsletterhttp://www.nabarro.com/Downloads/Brussels-update-22-July.pdfWed, 22 Jul 2009 00:00:00 GMThttp://www.nabarro.com/Downloads/Brussels-update-22-July.pdfIn this article Alasdair Steele considers the exposure draft of the going concern and liquidity risk guidance for directors published recently by the Financial Reporting Council. A copy of this article originally appeared in Company Secretary's Review published by Tolley's/LexisNexis in July 2009http://www.nabarro.com/Downloads/Going_concern_-_proof.pdfWed, 22 Jul 2009 00:00:00 GMThttp://www.nabarro.com/Downloads/Going_concern_-_proof.pdf* Editorial: More government action required to stimulate a dormant development market. * Carbon Reduction Commitment: Get ready. * New competition rules for supermarkets. * Enforcing development guarantees. * Incentives to clean up brownfield land. * Planning Policy Statement 4: Promoting economic development? * Carrying out works: health & safety compliance saves lives and money. http://www.nabarro.com/Downloads/Real_Estate_update_July_2009.pdfWed, 22 Jul 2009 00:00:00 GMThttp://www.nabarro.com/Downloads/Real_Estate_update_July_2009.pdfOn 16 July 2009, HM Treasury published an independent review of corporate governance in UK banks and other financial institutions conducted by Sir David Walker. The review, which concluded that the Combined Code remains fit for purpose, proposes significant changes to the functioning of the boards of banks and other financial institutions. Although the Walker Review is focused on financial sector companies, the Financial Reporting Council (FRC) is considering whether any of the proposals should be extended to listed companies more generally. While the review has been generally welcomed, institutional investors are concerned about aspects which would force them to be more open to scrutiny of the exercise of their shareholder rights.http://www.nabarro.com/Downloads/Walker-review-of-Corporate-governance-in-UK-banks-and-other-financial-institutions.pdfTue, 21 Jul 2009 00:00:00 GMThttp://www.nabarro.com/Downloads/Walker-review-of-Corporate-governance-in-UK-banks-and-other-financial-institutions.pdfCurrent UK trade mark rules allow applicants to cover more than one variant of trade mark in a singe application as a 'series' without any extra filing fees. This is acceptable if the marks do not vary substantially and is often used to cover colour and black & white versions of the same mark. The UK Intellectual Property Office considered abolishing series applications, which are an unusual feature of our trade mark system. The UKIPO has just announced that it will keep series applications, but restrict their application. New rules are expected to come into force on 1 October 2009. http://www.nabarro.com/Downloads/Restrictions-on-UK-applications-for-series-trade-marks-will-focus-filing-strategies.pdfMon, 13 Jul 2009 00:00:00 GMThttp://www.nabarro.com/Downloads/Restrictions-on-UK-applications-for-series-trade-marks-will-focus-filing-strategies.pdfEU & Competition Team Newsletterhttp://www.nabarro.com/Downloads/Brussels-update-22-July.pdfMon, 13 Jul 2009 00:00:00 GMThttp://www.nabarro.com/Downloads/Brussels-update-22-July.pdfThe European Court of Justice has ruled on an important aspect of EU marketing authorisation procedures for generic medicines. An application for marketing authorisation cannot rely on the marketing authorisation of an earlier drug with the same active ingredient if that earlier marketing authorisation does not meet EU standards, even if the original marketing authorisation was granted before EU procedures applied in that member state. Whilst the Court's conclusion is not altogether surprising, the decision has significant implications for research and for generics firms: Products cannot be valid reference products until the original pre-EU marketing authorisation has been fully updated to comply with the EU rules (especially the data in the underlying dossier). Drugs companies that compile their own full and free-standing dossiers to support product approvals will be able to generate a new period of data exclusivity, even if a product not authorised under EU law had previously been on the EU market.http://www.nabarro.com/Downloads/Briefing-Life-Sciences-Briefing-10-July-09.pdfFri, 10 Jul 2009 00:00:00 GMThttp://www.nabarro.com/Downloads/Briefing-Life-Sciences-Briefing-10-July-09.pdfOn 8th July, the government published its long awaited White Paper 'Reforming Financial Markets'. The paper sets out the government's analysis of the causes of the financial crisis, the subsequent action taken as a result of the crisis and the regulatory reforms necessary to prevent a crisis happening in the future. There are broad similarities between the proposals in this paper and those made in Barack Obama's 'white paper' published last month. Some of the key issues addressed in this paper are: The role of the FSA and the Bank of England in the regulatory structure in the UK. How the UK financial system should approach banks which are 'too big to fail'. European cooperation in light of the recent financial crisis.http://www.nabarro.com/Downloads/The-Government-White-paper-tighter-scrutiny-for-financial-regulation-July-2009.PDFThu, 09 Jul 2009 00:00:00 GMThttp://www.nabarro.com/Downloads/The-Government-White-paper-tighter-scrutiny-for-financial-regulation-July-2009.PDFEU & Competition Team Newsletter http://www.nabarro.com/Downloads/Brussels-update-22-July.pdfWed, 08 Jul 2009 00:00:00 GMThttp://www.nabarro.com/Downloads/Brussels-update-22-July.pdfChristopher Stanwell, a Senior Associate in Nabarros Planning department, has recently completed a six month secondment to the City of Londons legal department. Christopher advised on a wide range of highway and public law matters, working with a number of City of Londons departments as well as with developers and their consultants. Based on the foundation of many years experience we offer practical and cost-effective advice to developers, landowners and occupiers in the City. http://www.nabarro.com/Downloads/How-a-secondment-helped-Nabarro-and-the-City-of-London-exchange-expertise.PDFThu, 02 Jul 2009 00:00:00 GMThttp://www.nabarro.com/Downloads/How-a-secondment-helped-Nabarro-and-the-City-of-London-exchange-expertise.PDFENERGY Renewable energy investment two recent reports give causes for guarded optimism CLIMATE CHANGE Incentivising offshore wind, DEFRA guidance how to measure and report on greenhouse gas emissions, new legislation monitor UK commitment under the Climate Change Act 2008, climate change international news SUSTAINABLE DEVELOPMENT & HOUSING High court considers how to reconcile renewable energy generation and landscape planning policies, consultation update, legislation update.http://www.nabarro.com/Downloads/Climate Change and Energy update - June 2009.pdfThu, 02 Jul 2009 00:00:00 GMThttp://www.nabarro.com/Downloads/Climate Change and Energy update - June 2009.pdfParliament yesterday debated the EPP Regulations on the implementation of the MWD. Despite strong opposition from the Conservatives and Liberal Democrats, the Regulations (in the format annexed to the consultation paper published in May) were voted through and will come into force on 7 July.http://www.nabarro.com/Downloads/Mining-Waste-Directive-MWD-Regulations-voted-through-in-Parliament.pdfTue, 30 Jun 2009 00:00:00 GMThttp://www.nabarro.com/Downloads/Mining-Waste-Directive-MWD-Regulations-voted-through-in-Parliament.pdfThe Companies Act 2006 was enacted in November 2006 but will only be fully in force from October 2009. This guide is a practical overview of the key changes the Act introduces, and what they mean for directors and company secretaries. This guide assumes that all provisions of the Act are in force.http://www.nabarro.com/Downloads/A-Practical-Guide-to-the-Companies-Act-2006.pdfTue, 30 Jun 2009 00:00:00 GMThttp://www.nabarro.com/Downloads/A-Practical-Guide-to-the-Companies-Act-2006.pdfHEADLINES Pensions Regulator: further statement on prudent scheme funding - Equality Bill non-discrimination rule: trustees to have power to amend occupational pension schemes - Financial Assistance Scheme extension: good for children; no news yet about transfer of FAS to the PPF - Authorised payments to include pension reduction where scheme is winding up - Trustee liability: missing beneficiaries High Court case exposes trustees - TEN FREE PLACES for online lunchtime seminar: Handling Pensions Complaints - 17th Augusthttp://www.nabarro.com/Downloads/Pensions_update_newsletter_-_June_2009.PDFFri, 26 Jun 2009 00:00:00 GMThttp://www.nabarro.com/Downloads/Pensions_update_newsletter_-_June_2009.PDFThe English Patents Court has just handed down a significant judgment that determines the priority date that should be given to a patent. This is important because it will determine the relevant prior art that can be deployed against the patent, with potentially dramatic results in fields where there is rapid technical change life sciences and high-technology in particular.http://www.nabarro.com/Downloads/Attacking-a-patents-priority-date-the-birth-of-a-new-tactic.PDFFri, 26 Jun 2009 00:00:00 GMThttp://www.nabarro.com/Downloads/Attacking-a-patents-priority-date-the-birth-of-a-new-tactic.PDFThe Privy Council has recognised a lenders right to appropriate shares given as collateral, and has issued guidance on how the right can be applied in practice. The guidance follows the Privy Councils decision in Cukurova Finance International v. Alfa Telecom.http://www.nabarro.com/Downloads/Appropriation_a_potentially_powerful_tool_for_the_enforcement_of_share_charges.PDFThu, 25 Jun 2009 00:00:00 GMThttp://www.nabarro.com/Downloads/Appropriation_a_potentially_powerful_tool_for_the_enforcement_of_share_charges.PDFThe 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.PDFWed, 24 Jun 2009 00:00:00 GMThttp://www.nabarro.com/Downloads/AGAs-guarantors-obligations-continue-even-after-the-assignee-goes-bust.PDFThe 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.PDFWed, 24 Jun 2009 00:00:00 GMThttp://www.nabarro.com/Downloads/Contracts-for-sale--an-agent-with-oral-authority-can-bind-a-seller.PDFWhen 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.PDFWed, 24 Jun 2009 00:00:00 GMThttp://www.nabarro.com/Downloads/LPA-Receivers-unlikely-to-be-liable-for-rates-even-if-they-control-a-business.PDFAn offer to settle can save time and costs, and the two main methods used in property disputes are Part 36 offers, and Calderbank offers. This article sets out the main differences between these types of offer, and looks at the likely cost consequences of making or accepting an offer.http://www.nabarro.com/Downloads/Offers-to-settle-Part-36-and-Calderbank-offers-and-how-they-can-affect-costs.PDFWed, 24 Jun 2009 00:00:00 GMThttp://www.nabarro.com/Downloads/Offers-to-settle-Part-36-and-Calderbank-offers-and-how-they-can-affect-costs.PDFThe 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.PDFWed, 24 Jun 2009 00:00:00 GMThttp://www.nabarro.com/Downloads/Updated-RICS-Service-Charge-Code-of-Practice--tenant-alterations-and-sinking-funds.PDFAIM has issued its second public censure and fine of a Nomad over failings to perform its nomad duties. The 38 paragraph Disciplinary Notice cites a number of failings on the part of Astaire Securities (formerly Blue Oar Securities).http://www.nabarro.com/Downloads/Fine_for_second_Nomad_failing_to_comply_with_AIM_Rules.PDFWed, 24 Jun 2009 00:00:00 GMThttp://www.nabarro.com/Downloads/Fine_for_second_Nomad_failing_to_comply_with_AIM_Rules.PDFThis is our first new look issue of QuarterDay. But, while the layout has changed, our high quality content and focus on relevant issues has not. Each article now starts with a summary and useful points are highlighted in tables or margin notes. We've also added features to make QuarterDay work well online: you can click on links that take you to related information, or you can email a question straight to the author.http://www.nabarro.com/Downloads/Quarter-Day-78-June-2009.PDFWed, 24 Jun 2009 00:00:00 GMThttp://www.nabarro.com/Downloads/Quarter-Day-78-June-2009.PDFThe Environmental Permitting (England and Wales) Regulations 2007 (the EP Regulations) came into force on 6 April 2008.http://www.nabarro.com/Downloads/Environmental-Permitting-Regime.pdfThu, 18 Jun 2009 00:00:00 GMThttp://www.nabarro.com/Downloads/Environmental-Permitting-Regime.pdfReal estate values have plummeted since 2007, leaving many funds in breach of their loan to value covenants. Unlike past recessions, banks are intrinsically linked to the current economic crisis and due to high loan to value ratios, may not recover the full amount lent if they do enforce their security.http://www.nabarro.com/Downloads/fund-restructuring-breach-of-banking-covenants.pdfThu, 18 Jun 2009 00:00:00 GMThttp://www.nabarro.com/Downloads/fund-restructuring-breach-of-banking-covenants.pdfDisputes are a hazard most universities wish to avoid or resolve speedily. They have a negative impact on day to day education business activities because of their cost in both requiring legal advice and locking-up valuable management time.http://www.nabarro.com/Downloads/Mediation-a-beginners-guide-for-universities.pdfTue, 16 Jun 2009 00:00:00 GMThttp://www.nabarro.com/Downloads/Mediation-a-beginners-guide-for-universities.pdfADMINISTRATION; LIQUIDATION; COMPANY VOLUNTARY ARRANGEMENT (CVA); ADMINISTRATIVE RECEIVERSHIP; BANKRUPTCY; INDIVIDUAL VOLUNTARY ARRANGEMENT (IVA); LPA/FIXED CHARGE RECEIVERhttp://www.nabarro.com/Downloads/Landlords-essential-guide-to-tenant-insolvency.pdfTue, 16 Jun 2009 00:00:00 GMThttp://www.nabarro.com/Downloads/Landlords-essential-guide-to-tenant-insolvency.pdfLicences are often used by administrators to allow the buyer of an insolvent company to trade from the company's premises. The recent Court of Appeal case of Innovate Logistics Limited (in Administration) v Sunberry Properties Limited shows that the courts will support administrators, even where they are in breach of lease terms, if the landlord will receive rent at full rate or lesser from the buyer, going forward. Landlords should take legal advice early when dealing with an insolvent tenant, in order to maximise potential rental income. Cases against administrators are very fact sensitive. A well advised landlord can accumulate evidence and build a case, to persuade the court to grant permission to bring proceedings.http://www.nabarro.com/Downloads/Insolvent-Tenants.PDFMon, 15 Jun 2009 00:00:00 GMThttp://www.nabarro.com/Downloads/Insolvent-Tenants.PDFWith effect from 1 June 2009, contracts for difference (CFDs) and other synthetic holdings in UK incorporated listed companies will be subject to the same disclosure and notification requirements as apply to direct holdings of shares. The changes are included in amendments to the Disclosure and Transparency Rules (DTRs) and bring forward the implementation of the changes from 1 September 2009 to 1 June 2009.http://www.nabarro.com/Downloads/Disclosure-of-Contracts-for-Difference-0309.PDFThu, 11 Jun 2009 00:00:00 GMThttp://www.nabarro.com/Downloads/Disclosure-of-Contracts-for-Difference-0309.PDFMany jurisdictions offer flexible vehicles and a favourable tax environment, so fund location has tended to be a matter of familiarity and manager preference. There is a growing appetite for funds focussing on Asia using a variety of fund vehicles from Cayman to Singapore. Luxembourg is still the favoured domicile for vehicles holding pan-European real estate. For UK real estate funds, Jersey domiciled unit trusts acting as feeder funds into UK Limited Partnerships are still the vehicle of choice. This guide gives a quick review of the most popular fund vehicles.http://www.nabarro.com/Downloads/popular-property-investment-vehicles.pdfWed, 10 Jun 2009 00:00:00 GMThttp://www.nabarro.com/Downloads/popular-property-investment-vehicles.pdfThe London Stock Exchange has updated the AIM Rules for Companies with effect from 1 June 2009 to make the changes proposed in December 2008 relating to investing companies and mining, oil and gas companies.http://www.nabarro.com/Downloads/8838-AIM-Rules-updated-from-1-June-2009.pdfFri, 05 Jun 2009 00:00:00 GMThttp://www.nabarro.com/Downloads/8838-AIM-Rules-updated-from-1-June-2009.pdfWe enclose the latest edition of Brussels Update, a regular update on significant developments in EU law and policy and UK competition law prepared by the EU & Competition group. We hope that you will find it useful and informative.http://www.nabarro.com/Downloads/Brussels-Update-EU-&-Competition-newsletter-1-June-2009.PDFMon, 01 Jun 2009 00:00:00 GMThttp://www.nabarro.com/Downloads/Brussels-Update-EU-&-Competition-newsletter-1-June-2009.PDFA review of recent developments in grey market litigation and the latest round in the pharmaceutical repackaging saga by Ian Lowe of Nabarro LLPhttp://www.nabarro.com/Downloads/parallel-imports-may-2009.pdfFri, 29 May 2009 00:00:00 GMThttp://www.nabarro.com/Downloads/parallel-imports-may-2009.pdfHEADLINES ENERGY Nuclear Update Ofgem consultation on consumer choice Smart Metering 'Potential and Costs of District Heating Networks' CLIMATE CHANGE CCS Update EU Climate Change Package Update Bills Update International Update SUSTAINABLE DEVELOPMENT AND HOUSING Low Carbon Zoneshttp://www.nabarro.com/Downloads/climate-change-and-energy-update-may-2009.pdfFri, 29 May 2009 00:00:00 GMThttp://www.nabarro.com/Downloads/climate-change-and-energy-update-may-2009.pdfIf you have an half hourly electricity meter registered to you the Environment Agency will send you a qualification pack for the Carbon Reduction Commitment (CRC) in September 2009.http://www.nabarro.com/Downloads/CRC---what-does-it-mean-for-your-group.pdfFri, 29 May 2009 00:00:00 GMThttp://www.nabarro.com/Downloads/CRC---what-does-it-mean-for-your-group.pdfHEADLINES Material detriment test - Code of practice issued Authorised payments - Regulations at last Equality Bill - impact on pension schemes Automatic enrolment - consultation on default pension scheme Court allows rectification of scheme documentshttp://www.nabarro.com/Downloads/Pensions-update---May-2009.pdfFri, 29 May 2009 00:00:00 GMThttp://www.nabarro.com/Downloads/Pensions-update---May-2009.pdfThe Carbon Reduction Commitment (CRC) is the UKs first mandatory carbon trading scheme. It will involve the participation of up to 20,000 large business and public sector organisations. Participation in CRC will be a legal requirement for all organisations whose annual UK half-hourly metered electricity consumption was at least 6,000 Megawatt hours during the 2008 calendar year.http://www.nabarro.com/Downloads/preparing-for-the-carbon-reduction-commitment.pdfThu, 28 May 2009 00:00:00 GMThttp://www.nabarro.com/Downloads/preparing-for-the-carbon-reduction-commitment.pdfAny condition attached to the grant of consent to an assignment by a landlord must be reasonable. Where the sale of a lease is conditional on consent being obtained, the seller must ensure it keeps its claim against the landlord for unreasonably withholding consent and the right to forfeit the buyer's deposit, as happened in the recent Court of Appeal case of Landlord Protect Ltd v St Anselm Development Co Ltd.http://www.nabarro.com/Downloads/consent.PDFThu, 28 May 2009 00:00:00 GMThttp://www.nabarro.com/Downloads/consent.PDFClimate Change Act Energy Act Energy Act 2008 Planning Act Planning and Energy Act EPB Regulations 2007 Climate Change (Sectoral Targets) Bill 2008-09 Industrial Carbon Emissions (Targets) Bill 2008-09 Renewable Content Obligation Bill 2008-09 Cheapest Energy Tariff (Information Bill) 2008-09http://www.nabarro.comhttp%3a%2f%2fwww.nabarro.com%2fServices-Sectors%2fIndustry_Sectors%2fClimate_Change_%26_Energy%2fLegislation-and-regulation-update-May-09.htmlTue, 26 May 2009 00:00:00 GMThttp://www.nabarro.comhttp%3a%2f%2fwww.nabarro.com%2fServices-Sectors%2fIndustry_Sectors%2fClimate_Change_%26_Energy%2fLegislation-and-regulation-update-May-09.htmlWe aim to include in each issue of our Climate Change and Energy Briefing an update of relevant current consultations and calls for evidence to enable our clients to be aware of or even get more involved in the decision-making processes that may shape their businesses in the future.http://www.nabarro.comhttp%3a%2f%2fwww.nabarro.com%2fServices-Sectors%2fIndustry_Sectors%2fClimate_Change_%26_Energy%2fconsultation-update-may-2009.htmlTue, 26 May 2009 00:00:00 GMThttp://www.nabarro.comhttp%3a%2f%2fwww.nabarro.com%2fServices-Sectors%2fIndustry_Sectors%2fClimate_Change_%26_Energy%2fconsultation-update-may-2009.htmlBrand owners often debate the value of having EU national trade mark registrations in addition to Community trade marks (CTMs). In an opinion issued recently, the Advocate General of the European Court of Justice (ECJ) suggests that, for some brand owners, this may be a critical question. According to her proposal, a CTM could not be used in a trade mark 'dilution' claim if the mark's reputation extends only to a single EU country. If the ECJ follows her opinion, such a dilution claim would require the use of a national registration for the country where the reputation is enjoyed.http://www.nabarro.com/Downloads/8791-Community-trade-mark-protection-under-threat.pdfMon, 18 May 2009 00:00:00 GMThttp://www.nabarro.com/Downloads/8791-Community-trade-mark-protection-under-threat.pdfThe European Commission has published its politically charged proposal on regulating Alternative Investment Fund Managers ('AIFMs'). This will affect all fund managers in the real estate sector. http://www.nabarro.com/Downloads/8779-All-fund-managers-to-be-regulated.pdfWed, 13 May 2009 00:00:00 GMThttp://www.nabarro.com/Downloads/8779-All-fund-managers-to-be-regulated.pdfSince April 2001 tax relief has been available for expenditure incurred on the remediation of brownfield sites. This allowed for a deduction from corporation tax of 150% of the qualifying expenditure incurred.http://www.nabarro.com/Downloads/Land-remediation-relief-and-landfill-tax-exemptions.pdfMon, 11 May 2009 00:00:00 GMThttp://www.nabarro.com/Downloads/Land-remediation-relief-and-landfill-tax-exemptions.pdfThe European Commission has published its politically charged proposal on regulating Alternative Investment Fund Managers ('AIFMs')http://www.nabarro.com/Downloads/8772-Regulation-of-alternative-investment-fund-managers.pdfFri, 08 May 2009 00:00:00 GMThttp://www.nabarro.com/Downloads/8772-Regulation-of-alternative-investment-fund-managers.pdfWelcome to the latest edition of Did you know that ...?, our regular briefing, which highlights key legal developments affecting companies and their advisers. We hope that you will find it useful and informative.http://www.nabarro.com/Downloads/8755-Did-you-know-that-May-2009.pdfWed, 06 May 2009 00:00:00 GMThttp://www.nabarro.com/Downloads/8755-Did-you-know-that-May-2009.pdfOn 30 March 2009 the FSA, in its role as the United Kingdom Listing Authority (UKLA) issued an update clarifying how it interprets some aspects of the Disclosure & Transparency Rules (DTRs) requirements on annual financial report announcements (UKLA Update, Annual Financial Report: dissemination of information).http://www.nabarro.com/Downloads/8757-AFR-announcements-briefing.pdfWed, 06 May 2009 00:00:00 GMThttp://www.nabarro.com/Downloads/8757-AFR-announcements-briefing.pdfRecent decisions from the English Court confirm that investors need to be clear at the outset of a transaction as to the precise legal basis upon which they are making an investment. If they fail to do so, then currently (absent establishing fraud) the scope for an investor to bring a claim for losses arising from an investment is likely to be limited.http://www.nabarro.com/Downloads/investors-need-to-be-clear-as-to-the-basis-upon-which-an-investment-is-made-fin-svs.pdfWed, 06 May 2009 00:00:00 GMThttp://www.nabarro.com/Downloads/investors-need-to-be-clear-as-to-the-basis-upon-which-an-investment-is-made-fin-svs.pdfThis briefing sets out the decisions and actions that private, AIM and listed companies need to consider as they prepare for 2009 AGMs. The main topics are: Key legislative changes Timing and content of changes to articles of association Resolutions to be passed in 2009.http://www.nabarro.com/Downloads/8712-The-AGM-in-2009.pdfWed, 06 May 2009 00:00:00 GMThttp://www.nabarro.com/Downloads/8712-The-AGM-in-2009.pdfSo there was little for real estate in the recent budget, not for the commercial market at any rate. This is not surprising really, as there is a big hole in the country's finances to fill and a limited number of places to go for it. However, the repercussions of failing to ease the effects of changes to empty property rates relief, on the landscape of UK Plc, should not be underestimated as owners are drawn to the conclusion that they must, however reluctantly, demolish empty buildings that might, otherwise, be recycled or re-let. The long-term consequences of this blight will leave parts of the country in a very sorry state indeed. Short-sighted some might think.http://www.nabarro.com/Downloads/8761-Real-Estate-newsletter-May-2009.pdfFri, 01 May 2009 00:00:00 GMThttp://www.nabarro.com/Downloads/8761-Real-Estate-newsletter-May-2009.pdfConstruction has always been a sound barometer of performance of the UK economy. After a sustained period of growth the domestic and global credit crunch has had a drastic effect upon the order books and potential for new business for players involved in domestic and international construction and engineering. Consistent with the appetite for maintaining existing customer relationships and seeking out new clients in existing and traditional areas of business there is increased awareness of issues relating to procurement and performance under building and engineering contracts and professional service appointments. This newsletter gives a snapshot of topics that may be of interest to those involved in the procurement industry whether in development, engineering, domestic or international business. I hope that the topics selected will be of interest and assist your awareness and management of some of the contractual challenges and opportunities which you may face in the construction and engineering world in the new order.http://www.nabarro.com/Downloads/Construction-newsletter-May-2009.pdfFri, 01 May 2009 00:00:00 GMThttp://www.nabarro.com/Downloads/Construction-newsletter-May-2009.pdfEarlier this month the European Commission announced the official launch of the Observatory on Counterfeiting and Piracy. The role of the Observatory will be to bring together European Governments and the private sector to measure the growing counterfeiting and piracy problem across Europe and develop solutions to counter it. The Observatory aims to become a recognised central resource for enforcers.http://www.nabarro.com/Downloads/8752-European-counterfeiting-and-piracy-observatory.pdfFri, 01 May 2009 00:00:00 GMThttp://www.nabarro.com/Downloads/8752-European-counterfeiting-and-piracy-observatory.pdfWe aim to include in each issue of our Climate Change and Energy Briefing an update of relevant current consultations and calls for evidence to enable our clients to be aware of or even get more involved in the decision-making processes that may shape their businesses in the future.http://www.nabarro.com/Downloads/8753-Climate-Change-and-Energy.pdfFri, 01 May 2009 00:00:00 GMThttp://www.nabarro.com/Downloads/8753-Climate-Change-and-Energy.pdfClimate Change Act Energy Act Energy Act 2008 (Commencement No 1 and Savings) Order 2009 (9) Planning Act Planning and Energy Act EPB Regulations 2007 (as amended by the EPB Amendment Regulations 2007, the EPB Amendment No. 2 Regulations 2007 and the EPB Amendment Regulations 2008) Climate Change (Sectoral Targets) Bill 2008-09 Green Energy (Definition and Promotion) Bill 2008-09 Industrial Carbon Emissions (Targets) Bill 2008-09 Renewable Content Obligation Bill 2008 09http://www.nabarro.comhttp%3a%2f%2fwww.nabarro.com%2fServices-Sectors%2fIndustry_Sectors%2fClimate_Change_%26_Energy%2fLeg_and_Reg_Update_Apr_09.htmlThu, 30 Apr 2009 00:00:00 GMThttp://www.nabarro.comhttp%3a%2f%2fwww.nabarro.com%2fServices-Sectors%2fIndustry_Sectors%2fClimate_Change_%26_Energy%2fLeg_and_Reg_Update_Apr_09.htmlHEADLINES Budget 2009: restriction on higher rate tax relief on pension contributions Employer consultation: revised DWP guidance Statement by the Pensions Regulator: Alert to risks in the economic downturn GMP conversion: regulations in force from 6 April 2009 Financial Assistance Scheme: severe ill-health payments PPF levy: another complaint rejected by the PPF Ombudsman LGPS: meaning of 'employing authority': South Tyneside decision overturned Sole scheme members invalid winding-up and transfer out: Thorpe -v- HMRC Repayments of tax on investment income: new arrangements from August Online seminar: Handling Pensions Complaintshttp://www.nabarro.com/Downloads/Pensions-update---April-2009.pdfThu, 30 Apr 2009 00:00:00 GMThttp://www.nabarro.com/Downloads/Pensions-update---April-2009.pdfWe enclose the latest edition of Brussels Update, a regular update on significant developments in EU law and policy and UK competition law prepared by the EU & Competition group. We hope that you will find it useful and informative. If you think this publication may be of interest to any of your colleagues or acquaintances, please feel free to forward it to them and we will be happy to add them to our mailing list.http://www.nabarro.com/Downloads/8742-Brussels-Update---27-April-2009.pdfMon, 27 Apr 2009 00:00:00 GMThttp://www.nabarro.com/Downloads/8742-Brussels-Update---27-April-2009.pdfBalancing the needs of participants in a joint venture is a complex and important challenge.http://www.nabarro.com/Downloads/indirect-investment-a-guide-to-joint-venture-structures.pdfFri, 24 Apr 2009 00:00:00 GMThttp://www.nabarro.com/Downloads/indirect-investment-a-guide-to-joint-venture-structures.pdfJoint venture structures in the real estate sector 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/indirect-investment-joint-ventures-an-overview.pdfFri, 24 Apr 2009 00:00:00 GMThttp://www.nabarro.com/Downloads/indirect-investment-joint-ventures-an-overview.pdfRecent decisions from the English Court confirm that investors need to be clear at the outset of a transaction as to the precise legal basis upon which they are making an investment. If they fail to do so, then currently (absent establishing fraud) the scope for an investor to bring a claim for losses arising from an investment is likely to be limited.http://www.nabarro.com/Downloads/investors-need-to-be-clear-as-to-the-basis-upon-which-an-investment-is-made.pdfFri, 24 Apr 2009 00:00:00 GMThttp://www.nabarro.com/Downloads/investors-need-to-be-clear-as-to-the-basis-upon-which-an-investment-is-made.pdfPrivate equity and venture capital investors frequently appoint directors to the boards of their portfolio companies in order to monitor their investment and to provide guidance and support to management. There will inevitably be tensions between the duties which an investor director owes to the investor which appointed him and the duties which he owes to the company. These tensions can develop into serious conflict situations when the company is in financial difficulties. The codification of director's duties by the Companies Act 2006 has caused investors to re-evaluate how they manage these conflicts, at a time when an increasing number of their portfolio companies are likely to be facing an uncertain future.http://www.nabarro.com/Downloads/8725-considerations-for-investor-directors.pdfWed, 22 Apr 2009 00:00:00 GMThttp://www.nabarro.com/Downloads/8725-considerations-for-investor-directors.pdfPatrick Reimer, associate, and Jonathan Radcliffe, partner in the intellectual property department at law firm Nabarro, analyse a selection of caseshttp://www.nabarro.com/Downloads/trends-in-uk-jurisprudence.pdfWed, 15 Apr 2009 00:00:00 GMThttp://www.nabarro.com/Downloads/trends-in-uk-jurisprudence.pdfThe international trade in counterfeit goods has recently been estimated at US$200bn a year. In the UK alone, counterfeiters are said to make an annual criminal gain of 1.3bn. Whatever the figures, the rise in online business means that counterfeiting activity is no longer limited to a few dubious t-shirts sold at a car boot sale. Increased trade in items such as counterfeit childrens toys, electrical products, alcohol and pharmaceuticals, and the associated health and safety risks, means that the often-held view that counterfeiting is a harmless activity needs to change.http://www.nabarro.com/Downloads/8672.pdfTue, 14 Apr 2009 00:00:00 GMThttp://www.nabarro.com/Downloads/8672.pdfThe DWP has issued its first consultation on the practical arrangements under the personal accounts regime, due to be introduced from 2012. Under the new regime every employer will have to make arrangements for automatic enrolment of all jobholders aged between 22 and state pension age who have 'qualifying earnings' into a 'qualifying scheme' or the default personal accounts scheme. This consultation deals with the first stages of the employer's duties: enrolment, information requirements, postponement of automatic enrolment and opting out.http://www.nabarro.com/Downloads/Automatic-enrolment.pdfWed, 08 Apr 2009 00:00:00 GMThttp://www.nabarro.com/Downloads/Automatic-enrolment.pdfWe enclose the latest edition of Brussels Update, a regular update on significant developments in EU law and policy and UK competition law prepared by the EU & Competition group. We hope that you will find it useful and informative. If you think this publication may be of interest to any of your colleagues or acquaintances, please feel free to forward it to them and we will be happy to add them to our mailing list.http://www.nabarro.com/Downloads/8719-Brussels-Update---8-April-2009.pdfWed, 08 Apr 2009 00:00:00 GMThttp://www.nabarro.com/Downloads/8719-Brussels-Update---8-April-2009.pdfENERGY The future of the Grid Carbon Capture & Storage update CLIMATE CHANGE The Carbon Reduction Commitment update Carbon Markets BERR announces Low Carbon Industry Strategy World Economic Forum Roadmap International Updatehttp://www.nabarro.com/Downloads/Climate-Change-&-Energy-Update---March-2009.pdfWed, 08 Apr 2009 00:00:00 GMThttp://www.nabarro.com/Downloads/Climate-Change-&-Energy-Update---March-2009.pdf6 APRIL 2009 - WHAT'S NEW? Employer consultation - Regulator penalties Financial support directions - extension of look back period Notifiable events - removal of triggers Independent corporate trustees - exempt from MND requirements Upper accrual point - and other contracting out changes Relaxations for pension credit benefits Scheme funding modifications And also - consultation on automatic enrolment and changes to the disclosure requirementshttp://www.nabarro.com/Downloads/Pensions-update---March-2009.pdfWed, 08 Apr 2009 00:00:00 GMThttp://www.nabarro.com/Downloads/Pensions-update---March-2009.pdfBetween November 2008 and January 2009, the Financial Services Authority ('FSA') undertook a review of remuneration practices in a group of major UK-incorporated banks and building societies to consider the extent to which remuneration practices may have contributed to the current economic downturn. Following that review, the FSA published a draft code of practice on remuneration policies (the 'Code'), a revised version of which was published on 18 March 2009 as part of a consultation paper (CP09/10) issued by the FSA.http://www.nabarro.com/Downloads/Hot-Topic---FSA-code-of-practice-(3).pdfMon, 06 Apr 2009 00:00:00 GMThttp://www.nabarro.com/Downloads/Hot-Topic---FSA-code-of-practice-(3).pdfPatent World's senior news reporter Khurram Aziz looks at the scrutiny pharmaceutical firms are coming under over settlements made with generic competitorshttp://www.nabarro.com/Downloads/Patent-World-April-09.pdfThu, 02 Apr 2009 00:00:00 GMThttp://www.nabarro.com/Downloads/Patent-World-April-09.pdfThis briefing is part of a series of briefings, seminars and topics of interest for those involved in indirect investment, including property funds and the funds sector generally. This particular issue will be of interest to those involved in marketing property funds in the UK and Europe.http://www.nabarro.com/Downloads/8680-Marketing-property-funds.pdfWed, 01 Apr 2009 00:00:00 GMThttp://www.nabarro.com/Downloads/8680-Marketing-property-funds.pdfWe enclose the latest edition of Brussels Update, a regular update on significant developments in EU law and policy and UK competition law prepared by the EU & Competition group. We hope that you will find it useful and informative. If you think this publication may be of interest to any of your colleagues or acquaintances, please feel free to forward it to them and we will be happy to add them to our mailing list.http://www.nabarro.com/Downloads/8707-Brussels-update-30-March-2009.pdfMon, 30 Mar 2009 00:00:00 GMThttp://www.nabarro.com/Downloads/8707-Brussels-update-30-March-2009.pdfClimate Change Act Energy Act Energy Act 2008 (Commencement No 1 and Savings) Order 2009 (9) Planning Act Planning and Energy Act EPB Regulations 2007 (as amended by the EPB Amendment Regulations 2007, the EPB Amendment No. 2 Regulations 2007 and the EPB Amendment Regulations 2008) Climate Change (Sectoral Targets) Bill 2008-09 Green Energy (Definition and Promotion) Bill 2008-09 Industrial Carbon Emissions (Targets) Bill 2008-09 Renewable Content Obligation Bill 2008 09http://www.nabarro.comhttp%3a%2f%2fwww.nabarro.com%2fServices-Sectors%2fIndustry_Sectors%2fClimate_Change_%26_Energy%2fLegislation-and-regulation-update-Mar-2009.htmlWed, 25 Mar 2009 00:00:00 GMThttp://www.nabarro.comhttp%3a%2f%2fwww.nabarro.com%2fServices-Sectors%2fIndustry_Sectors%2fClimate_Change_%26_Energy%2fLegislation-and-regulation-update-Mar-2009.htmlDraft Planning Policy Statement: Eco-towns Definition of Zero Carbon Homes and Non-Domestic Buildings Nuclear Justification Consultation Carbon Emissions Reduction Target Offshore Electricity Transmission: Updated Proposals for the Competitive Tender Process The Severn Tidal Power Feasibility Study Proposed Offshore Gas Storage and Gas Unloading Licensing Scheme Heat and Energy Saving Strategy Community Energy Saving Programme Consultation on Transposition of EU Directive (EC/2008/101) to include Aviation in the European Union Emissions Trading Scheme (ETS) Consultation on the term carbon neutral: its definition and recommendations for good practice Consultation on the Draft Order to Implement the Carbon Reduction Commitment Consultation on the Form and Content of New Climate Change Agreements http://www.nabarro.comhttp%3a%2f%2fwww.nabarro.com%2fServices-Sectors%2fIndustry_Sectors%2fClimate_Change_%26_Energy%2fconsultation-update-mar-2009.htmlWed, 25 Mar 2009 00:00:00 GMThttp://www.nabarro.comhttp%3a%2f%2fwww.nabarro.com%2fServices-Sectors%2fIndustry_Sectors%2fClimate_Change_%26_Energy%2fconsultation-update-mar-2009.htmlWelcome to the Lady Day edition of QuarterDay. I am delighted to introduce myself as the new editor. Our former editor, Jane Turley, is stepping down after several years in charge, having been appointed a Managing Associate. We thank Jane for her tremendous contribution and hard work in putting together many previous issues.http://www.nabarro.com/Downloads/QuarterDay-25-Mar-09-8650.pdfWed, 25 Mar 2009 00:00:00 GMThttp://www.nabarro.com/Downloads/QuarterDay-25-Mar-09-8650.pdfThe Environmental Liability Directive is now implemented in England. The new regulations impose liability for preventing and remediating environmental damage. This note considers its impact on developers.http://www.nabarro.com/Downloads/Environmental-Liability-Directive.pdfThu, 19 Mar 2009 00:00:00 GMThttp://www.nabarro.com/Downloads/Environmental-Liability-Directive.pdfSUMMARY OHIM, the EU office that administers the Community trade mark (CTM), has announced that it is reducing the official fees it charges CTM applicants by 40%. The UK Intellectual Property Office (UKIPO) is carrying out a consultation with frequent users of its filing systems with a view to reducing its fees and improving service levels.http://www.nabarro.com/Downloads/8681-Cost-of-trade-mark-protection-to-fall.pdfThu, 19 Mar 2009 00:00:00 GMThttp://www.nabarro.com/Downloads/8681-Cost-of-trade-mark-protection-to-fall.pdfAs at 1 April 2008, 18 companies have either converted to or have listed as UK-REITS. This article considers how to convert an existing listed property company to a UK-REIT and how to list a new UK-REIT on the London Stock Exchanges Main Market.http://www.nabarro.com/Downloads/the-listing-rules.pdfThu, 19 Mar 2009 00:00:00 GMThttp://www.nabarro.com/Downloads/the-listing-rules.pdfPan European Portfolio Transactionshttp://www.nabarro.com/Downloads/International-Real-Estate-deals.pdfThu, 19 Mar 2009 00:00:00 GMThttp://www.nabarro.com/Downloads/International-Real-Estate-deals.pdfThe UK-REIT regime is set out in Part 4 of the Finance Act 2006 (as updated by the Finance Act 2007) and is supplemented by a number of regulations. It is also supported by guidance published by HM Revenue & Customs (HMRC). The regime for UK-REITs has been operational since 1 January 2007 and 18 listed UK property companies, including many of the largest property companies in the industry, have thus far converted to or listed with UK-REIT status. Entry to the regime is by notice to HMRC and does not necessitate a new form of corporate vehicle.http://www.nabarro.com/Downloads/REITS-How-to-qualify.pdfThu, 19 Mar 2009 00:00:00 GMThttp://www.nabarro.com/Downloads/REITS-How-to-qualify.pdfThe long awaited Turner Review into the regulatory response to the global banking crisis has been published. http://www.nabarro.com/Downloads/8679-Turner-report.pdfWed, 18 Mar 2009 00:00:00 GMThttp://www.nabarro.com/Downloads/8679-Turner-report.pdfWelcome to our new newsletter dedicated to the UK Housebuilding Industry. Our aim is to provide useful information on legal developments in an easily digestible form. We would welcome any feedback or comments you may have on the content or what you would like to see covered in future.http://www.nabarro.com/Downloads/HomingIn-Mar-2009.pdfMon, 16 Mar 2009 00:00:00 GMThttp://www.nabarro.com/Downloads/HomingIn-Mar-2009.pdfWith effect from 1 June 2009, contracts for difference (CFDs) and other synthetic holdings in listed companies will be subject to the same disclosure and notification requirements as apply to direct holdings of shares. The changes are included in amendments to the Disclosure and Transparency Rules (DTRs) and bring forward the implementation of the changes from 1 September 2009 to 1 June 2009.http://www.nabarro.com/Downloads/8668-Disclosure-of-contracts-briefing.pdfTue, 10 Mar 2009 00:00:00 GMThttp://www.nabarro.com/Downloads/8668-Disclosure-of-contracts-briefing.pdfThe FSA has announced that as of 6 March 2009, persons discharging managerial responsibilities (PDMRs) will be able to enter into trading plans without breaching the Model Code.http://www.nabarro.com/Downloads/8652-Changes-to-Model-Code.pdfFri, 06 Mar 2009 00:00:00 GMThttp://www.nabarro.com/Downloads/8652-Changes-to-Model-Code.pdfWhat do 'Best Practice Tariffs, 'Personalised Care Plans' Quality Accounts and 'the NHS Constitution' all have in common? Answer: they are all recommendations proposed by Lord Darzi in 'High Quality Care for All', the highly anticipated Final Report of the NHS Next Stage Review, which was published on 30 June 2008. It follows the publication of the Interim Report in October 2007 which championed the introduction of GP led health centres for all Primary Care Trusts (PCTs) and over 100 new GP practices for those PCTs with the poorest primary care provision. A framework for the implementation of these proposals was initiated under the Equitable Access to Primary Care Programme. So, what are the Final Report's recommendations, what do they say about the future direction of the NHS and are the proposals as controversial as anticipated?http://www.nabarro.com/Downloads/Darzi-final-report---what-next-for-the-NHS.pdfFri, 06 Mar 2009 00:00:00 GMThttp://www.nabarro.com/Downloads/Darzi-final-report---what-next-for-the-NHS.pdfWelcome to the latest edition of Did you know that ...?, our regular briefing, which highlights key legal developments affecting companies and their advisers. We hope that you will find it useful and informative.http://www.nabarro.com/Downloads/8642-Did-you-know-that-March-2009.pdfWed, 04 Mar 2009 00:00:00 GMThttp://www.nabarro.com/Downloads/8642-Did-you-know-that-March-2009.pdfWell, these are interesting times. The commercial property market is battered and bloody, but is it still on its feet? Some would say that there is no market as the deals have reduced to a trickle. Certainly its a hard time for valuers and the IPD. By the end of 2008, it was commonly accepted that most investors had priced properties to the anticipated Q1 2009 results from IPD and were effectively ignoring the Q4 2008 IPD figures. In any conversation investors said that they were working off values either side of 40% off the June 2007 peak. Yet there was still no rush back in, although there is a weight of money which is said to be poised to be invested.http://www.nabarro.com/Downloads/8648-Real-Estate-newsletter-Mar-2009.pdfSun, 01 Mar 2009 00:00:00 GMThttp://www.nabarro.com/Downloads/8648-Real-Estate-newsletter-Mar-2009.pdfJonathan Radcliffe and Kieron Kelly of Nabarro report on the UKs first damages enquiry following a cross-undertaking given on an injunctionhttp://www.nabarro.com/Downloads/laboratoires-servier-v-apotex-analysed.pdfSun, 01 Mar 2009 00:00:00 GMThttp://www.nabarro.com/Downloads/laboratoires-servier-v-apotex-analysed.pdfOn 20 January 2009 the ECJ decided that workers on long-term sick leave continue to accrue their statutory holiday entitlement, even if they do no work during the holiday year in question and/or never return to work.http://www.nabarro.com/Downloads/holiday-accrual-during-sick-leave-mar-09.pdfSun, 01 Mar 2009 00:00:00 GMThttp://www.nabarro.com/Downloads/holiday-accrual-during-sick-leave-mar-09.pdfThe recent news that the Information Commissioner (the ICO) has raided and will take action against The Consulting Association, a firm which sold workers confidential data to clients in the construction industry, is a timely reminder of your obligations under the Data Protection Act (the DPA).http://www.nabarro.com/Downloads/illegal-database-seized-in-raid-by-information-commissioner-mar-09.pdfSun, 01 Mar 2009 00:00:00 GMThttp://www.nabarro.com/Downloads/illegal-database-seized-in-raid-by-information-commissioner-mar-09.pdfTUPE, shorthand for the Transfer of Undertakings (Protection of Employment) Regulations 2006, governs employers obligations and employees rights on the transfer of a business or services from one entity to another. TUPE implements the EUs Acquired Rights Directive.http://www.nabarro.com/Downloads/tupe-a-brief-guide-to-employers-mar-09.pdfSun, 01 Mar 2009 00:00:00 GMThttp://www.nabarro.com/Downloads/tupe-a-brief-guide-to-employers-mar-09.pdfSchemes wishing to have contingent assets taken into account for the PPF levy must lodge all relevant information with the PPF by 31 March 2009. Where a contingent asset was accepted by the PPF last year it needs to be recertified and, in some cases, additional information provided. This briefing describes what needs to be done.http://www.nabarro.com/Downloads/PPF-briefing.pdfSat, 28 Feb 2009 00:00:00 GMThttp://www.nabarro.com/Downloads/PPF-briefing.pdfWe enclose the latest edition of Brussels Update, a regular update on significant developments in EU law and policy and UK competition law prepared by the EU & Competition group. We hope that you will find it useful and informative. If you think this publication may be of interest to any of your colleagues or acquaintances, please feel free to forward it to them and we will be happy to add them to our mailing list.http://www.nabarro.com/Downloads/8641-Brussels-Update-27-February-2009.pdfFri, 27 Feb 2009 00:00:00 GMThttp://www.nabarro.com/Downloads/8641-Brussels-Update-27-February-2009.pdfAs adviser to a number of respected technology-focussed venture capital institutions ('VCs') and investee companies, we are well placed to observe trends in the VC market generally, and particularly in relation to the terms on which VC investments are concluded.http://www.nabarro.com/Downloads/Trends-in-technology-venture-capital-investments-Feb-2009.pdfFri, 27 Feb 2009 00:00:00 GMThttp://www.nabarro.com/Downloads/Trends-in-technology-venture-capital-investments-Feb-2009.pdfConverting GMPs to scheme benefits - DWP consultation government response Regulator's statement on funding DWP consultation: proposed changes to the Financial Assistance Scheme NAPF updated Corporate Governance Policy and Voting Guidelines PPF good practice guide for trustees Notional earnings cap for 2009/10 Reminder: Reduction in revaluation cap - deadline 6 April Reminder: Lifetime Allowance deadline for claiming protection 5 Aprilhttp://www.nabarro.com/Downloads/8640-Pensions-Update-February-2009.pdfThu, 26 Feb 2009 00:00:00 GMThttp://www.nabarro.com/Downloads/8640-Pensions-Update-February-2009.pdfWelcome to the first edition of HireLevel which is a newsletter specific to your industry.http://www.nabarro.com/Downloads/HireLevel-Feb-2009.pdfThu, 26 Feb 2009 00:00:00 GMThttp://www.nabarro.com/Downloads/HireLevel-Feb-2009.pdfKelly and Chui -v- GE Healthcare Limited, Mr Justice Floyd, 11 February 2009 Last week, for the first time ever in the UK, two employees were awarded compensation under the Patents Act 1977 for the outstanding benefit that their efforts conferred on their employer.http://www.nabarro.com/Downloads/8627-Inventions-of-outstanding-benefit-to-employers.pdfWed, 25 Feb 2009 00:00:00 GMThttp://www.nabarro.com/Downloads/8627-Inventions-of-outstanding-benefit-to-employers.pdfThe Takeover Code (Code) is being amended to reflect the increasing use made by companies, shareholders and other market participants of electronic forms of communication and websites, together with legislative changes introduced by the Companies Act 2006 (CA 2006).http://www.nabarro.com/Downloads/8611-Changes-to-Takeover-Code.pdfWed, 25 Feb 2009 00:00:00 GMThttp://www.nabarro.com/Downloads/8611-Changes-to-Takeover-Code.pdfENERGY Green Energy Guidelines Three new Energy and Emissions Bills introduced to Parliament The Renewables Obligation: Draft Order CLIMATE CHANGE Heat and Energy Strategy announced Conservative Party launch 'Low Carbon Economy' Green Paper Draft Climate Change and Energy Package Directive published International Renewable Energy Agency established Towards a Comprehensive Climate Change Agreement in Copenhagen International Updatehttp://www.nabarro.com/Downloads/8636-Climate-Change-and-Energy-newlstter-Feb-09.pdfTue, 24 Feb 2009 00:00:00 GMThttp://www.nabarro.com/Downloads/8636-Climate-Change-and-Energy-newlstter-Feb-09.pdfClimate Change Act Energy Act Energy Act 2008 (Commencement No 1 and Savings) Order 2009 (9) Planning Act Planning and Energy Act EPB Regulations 2007 (as amended by the EPB Amendment Regulations 2007, the EPB Amendment No. 2 Regulations 2007 and the EPB Amendment Regulations 2008) Climate Change (Sectoral Targets) Bill 2008-09 Green Energy (Definition and Promotion) Bill 2008-09 Industrial Carbon Emissions (Targets) Bill 2008-09 http://www.nabarro.comhttp%3a%2f%2fwww.nabarro.com%2fServices-Sectors%2fIndustry_Sectors%2fClimate_Change_%26_Energy%2fLegislation-and-regulation-update-Feb-2009.htmlTue, 24 Feb 2009 00:00:00 GMThttp://www.nabarro.comhttp%3a%2f%2fwww.nabarro.com%2fServices-Sectors%2fIndustry_Sectors%2fClimate_Change_%26_Energy%2fLegislation-and-regulation-update-Feb-2009.htmlElectricity and Gas code Governance Review: 1) Major Policy Reviews and Self Governance 2) Role of code administrators and small participant/consumer initiatives Draft Planning Policy Statement: Eco-towns Definition of Zero Carbon Homes and Non-Domestic Buildings Nuclear Justification Consultation Carbon Emissions Reduction Target The Severn Tidal Power Feasibility Study Proposed Offshore Gas Storage and Gas Unloading Licensing Scheme Heat and Energy Saving Strategy Community Energy Saving Programme http://www.nabarro.comhttp%3a%2f%2fwww.nabarro.com%2fServices-Sectors%2fIndustry_Sectors%2fClimate_Change_%26_Energy%2fconsultation-update-Feb-2009.htmlTue, 24 Feb 2009 00:00:00 GMThttp://www.nabarro.comhttp%3a%2f%2fwww.nabarro.com%2fServices-Sectors%2fIndustry_Sectors%2fClimate_Change_%26_Energy%2fconsultation-update-Feb-2009.htmlLego is one of the best-known and loved toys around. The energy and creativity that the toy inspires in its users are matched in the company's endeavours to build strong IP protection for the product. But Lego has recently lost the latest round in its battle to protect its iconic brick shape as a Community trade mark. The case highlights the lengths that brand owners will go to secure shape trade mark protection and one particular pitfall that may catch shapes that perform a function.http://www.nabarro.com/Downloads/8466-Lego-briefing-1108.pdfThu, 19 Feb 2009 00:00:00 GMThttp://www.nabarro.com/Downloads/8466-Lego-briefing-1108.pdfWe enclose the latest edition of Brussels Update, a regular update on significant developments in EU law and policy and UK competition law prepared by the EU & Competition group. We hope that you will find it useful and informative. If you think this publication may be of interest to any of your colleagues or acquaintances, please feel free to forward it to them and we will be happy to add them to our mailing list.http://www.nabarro.com/Downloads/8621-Brussels-Update-17-February-2009.pdfTue, 17 Feb 2009 00:00:00 GMThttp://www.nabarro.com/Downloads/8621-Brussels-Update-17-February-2009.pdfThis edition contains a discussion of the proposed changes to the EU defence procurement rules as well as a reminder of the MoDs rules on offers of hospitality and gifts to its staff.http://www.nabarro.com/Downloads/defence-legal-highlights.pdfTue, 17 Feb 2009 00:00:00 GMThttp://www.nabarro.com/Downloads/defence-legal-highlights.pdfLeveraging Non-Contestability: Exclusive Dealing and Rebates under the Commission's Article 82 Guidancehttp://www.nabarro.com/Downloads/GCP-Feb-09-1-.pdfThu, 12 Feb 2009 00:00:00 GMThttp://www.nabarro.com/Downloads/GCP-Feb-09-1-.pdfFSA authorisation allows a fund manager more flexibility in how it markets to, sells to and advises investors of a fund. The fact that a fund manager is an authorised entity can also provide comfort to investors. For these reasons, even in circumstances where a firm can be managed without authorisation, more and more fund managers are opting to become FSA authorised. However, the advantages of authorisation need to be balanced against the enhanced compliance obligations and FSA oversight that come with it.http://www.nabarro.com/Downloads/8616-Getting-FSA-Authorised.pdfThu, 12 Feb 2009 00:00:00 GMThttp://www.nabarro.com/Downloads/8616-Getting-FSA-Authorised.pdfMargaret Cole, the Financial Services Authority's director of enforcement, made a speech in June 2008 in which she said: 'We feel that the threat of civil fines hasn't worked as well as we would have liked. We're convinced that the threat of a custodial sentence is a much more significant deterrent.' The speech followed MarketWatch No. 26, which the regulator published in April 2008, that stated: 'Our enforcement approach involves sending tough messages about wrongful behaviour and imposing sanctions that are severe enough to have a deterrent effect as well as ensuring that we undertake enough cases to have a 'demonstration effect'.'http://www.nabarro.com/Downloads/has-the-fsa-achieved-a-demonstration-effect-on-insider-dealing-Rob-Moulton-and-Laura-Tabet.pdfTue, 10 Feb 2009 00:00:00 GMThttp://www.nabarro.com/Downloads/has-the-fsa-achieved-a-demonstration-effect-on-insider-dealing-Rob-Moulton-and-Laura-Tabet.pdfCarried interest is a term used to describe a particular way of remunerating executives involved in the management and sponsorship of private equity and property funds.http://www.nabarro.com/Downloads/Carried-interest---tax-treatment.pdfFri, 06 Feb 2009 00:00:00 GMThttp://www.nabarro.com/Downloads/Carried-interest---tax-treatment.pdfFollowing the merger of the Inland Revenue and HM Customs and Excise, HM Revenue and Customs (HMRC) began a consultation process to review the existing tax penalties regimes and to consider the introduction of a new penalty system for tax errors designed to make the tax system simpler and more consistent.http://www.nabarro.com/Downloads/New-tax-penalties-regime.pdfTue, 03 Feb 2009 00:00:00 GMThttp://www.nabarro.com/Downloads/New-tax-penalties-regime.pdfCommercial property developers should take heed of new environmental regulations, according to construction law specialists Nabarro.http://www.nabarro.com/Downloads/enforcing-change.PDFSun, 01 Feb 2009 00:00:00 GMThttp://www.nabarro.com/Downloads/enforcing-change.PDFTwo of the most common forms of security used by employers to provide protection in the event of a contractor's default are Performance Bonds (PBs) and Parent Company Guarantees (PCGs).http://www.nabarro.com/Downloads/how-do-performance-bonds-and-parent-company-guarantees-work.PDFSun, 01 Feb 2009 00:00:00 GMThttp://www.nabarro.com/Downloads/how-do-performance-bonds-and-parent-company-guarantees-work.PDFRevised limits to tribunal awards will take effect from 1 February 2009. The increase is designed to reflect changes to the retail price index for the period September 2007 2008.http://www.nabarro.com/Downloads/increase-to-tribunal-award-limits-feb-2009.pdfSun, 01 Feb 2009 00:00:00 GMThttp://www.nabarro.com/Downloads/increase-to-tribunal-award-limits-feb-2009.pdfWhen entering into a collateral warranty in favour of a funder of a development, contractors and consultants are frequently asked to enter into additional obligations known as step-in rights. Over the last few years of a booming construction market, these clauses have been largely a matter of principle from funders who were never going to exercise them. However, with a worsening economic climate it is more likely that these clauses will be put to use. It is worth taking a closer look at step-in rights to see how they work and to highlight points worth looking at.http://www.nabarro.com/Downloads/what-are-step-in-rights.PDFSun, 01 Feb 2009 00:00:00 GMThttp://www.nabarro.com/Downloads/what-are-step-in-rights.PDFIntroduced in April 2001, this form of business entity has not had the impact on the real estate sector that some expected what are these vehicles and what is their attraction?http://www.nabarro.com/Downloads/Limited-Partnerships-An-overview.pdfThu, 29 Jan 2009 00:00:00 GMThttp://www.nabarro.com/Downloads/Limited-Partnerships-An-overview.pdfHEADLINES Invalid sex equalisation exercise Age discrimination - justification after the event Backdating ill-health benefits Record keeping - Regulator publishes guidance Lifetime allowance - deadline for claiming protection approacheshttp://www.nabarro.com/Downloads/8585-Pensions-update-January-2009.pdfThu, 29 Jan 2009 00:00:00 GMThttp://www.nabarro.com/Downloads/8585-Pensions-update-January-2009.pdfReal Estate Funds have become increasingly popular for both UK and global investment opportunities. There is no standard design but there are common issues.http://www.nabarro.com/Downloads/Overview-of-Real-Estate-Funds.pdfThu, 29 Jan 2009 00:00:00 GMThttp://www.nabarro.com/Downloads/Overview-of-Real-Estate-Funds.pdfUnit 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/Unit-Trusts---An-overview.pdfThu, 29 Jan 2009 00:00:00 GMThttp://www.nabarro.com/Downloads/Unit-Trusts---An-overview.pdfIn the current economic climate, incentives such as management and performance fees linked to a Funds performance cannot be relied upon to ensure the interests of investors and Fund Managers (and their sponsors) are aligned.http://www.nabarro.com/Downloads/Alignment-of-interests.pdfThu, 29 Jan 2009 00:00:00 GMThttp://www.nabarro.com/Downloads/Alignment-of-interests.pdfPublic procurement is a rapidly developing area of law, and there is a growing body of case law and legislation which governs public tendering procedures for contracts. This is the latest edition of our newsletter, which briefly summarises changes in law and policy, as well as procurement cases before the European Commission, the UK courts and the European Court of Justice.http://www.nabarro.com/Downloads/8586-Public-Procurement-Newsletter-January-2009.pdfThu, 29 Jan 2009 00:00:00 GMThttp://www.nabarro.com/Downloads/8586-Public-Procurement-Newsletter-January-2009.pdfIn the current economic climate the role, duties and performance of Fund Managers are coming under increased scrutiny. Investors should be aware of any rights they may have under the constitutional documents of the Fund.http://www.nabarro.com/Downloads/Fund-manager-General-partner-removal.pdfThu, 29 Jan 2009 00:00:00 GMThttp://www.nabarro.com/Downloads/Fund-manager-General-partner-removal.pdfThe current market dislocation is bringing difficulties for managers and investors alike, as the spectre of investor funding default looms large.http://www.nabarro.com/Downloads/Investor-default.pdfThu, 29 Jan 2009 00:00:00 GMThttp://www.nabarro.com/Downloads/Investor-default.pdfIn this challenging economic climate, the desire for liquidity is high on the wish list for investors. How is this affecting the structuring of new Funds, and what is the impact on existing Funds as investors seek to realise their interests during the life of a Fund?http://www.nabarro.com/Downloads/Real-Estate-Funds---liquidity-options.pdfThu, 29 Jan 2009 00:00:00 GMThttp://www.nabarro.com/Downloads/Real-Estate-Funds---liquidity-options.pdfA Fund Managers entitlement to carried interest is directly linked to the success of the Fund and is regarded as the most effective way for investors to align their interests with those of the management team. How does this important feature of Fund structuring work?http://www.nabarro.com/Downloads/Carried-interest---an-introduction.pdfThu, 29 Jan 2009 00:00:00 GMThttp://www.nabarro.com/Downloads/Carried-interest---an-introduction.pdfAs Real Estate Funds come to an end their affairs need to be wound up and a number of issues need to be considered when this is going to happen. There are a number of reasons why a Real Estate Fund may be wound up (or liquidated) including the expiry of the Funds term or the occurrence of an event specified in the Funds constitutional documents.http://www.nabarro.com/Downloads/Winding-up-Real-Estate-Funds.pdfThu, 29 Jan 2009 00:00:00 GMThttp://www.nabarro.com/Downloads/Winding-up-Real-Estate-Funds.pdfSide letters in Real Estate Funds are viewed upon as a typical part of the negotiation process, but what should they contain and who benefits from them?http://www.nabarro.com/Downloads/Side-letters-in-real-estate-funds.pdfThu, 29 Jan 2009 00:00:00 GMThttp://www.nabarro.com/Downloads/Side-letters-in-real-estate-funds.pdfIssues of greatest interest to Fund Managers and investors in Real Estate Funds are changing in the current uncertain market conditions. Fund Managers need to address investor concerns to prevent an exodus from open-ended funds and to encourage re-investment in the near future.http://www.nabarro.com/Downloads/Trends-in-Real-Estate-Funds.pdfThu, 29 Jan 2009 00:00:00 GMThttp://www.nabarro.com/Downloads/Trends-in-Real-Estate-Funds.pdfIntroduced in April 2001, this form of business entity has not had the impact on the real estate sector that some expected what are these vehicles and what is their attraction?http://www.nabarro.com/Downloads/Limited-Liability-Partnerships---an-overview.pdfThu, 29 Jan 2009 00:00:00 GMThttp://www.nabarro.com/Downloads/Limited-Liability-Partnerships---an-overview.pdfIn the turmoil of current financial markets, investors are showing increasing concern about corporate governance, the use of industry guidelines and the frequency of reports on corporate governance issues.http://www.nabarro.com/Downloads/Intro-to-Corp-Gov-in-REF.pdfThu, 29 Jan 2009 00:00:00 GMThttp://www.nabarro.com/Downloads/Intro-to-Corp-Gov-in-REF.pdfThe use of offshore vehicles by UK corporate groups and funds to hold investment assets is common. Such vehicles are generally based in low-tax jurisdictions such as Jersey, and will commonly be companies or unit trusts.http://www.nabarro.com/Downloads/Offshore-tax-residence.pdfThu, 29 Jan 2009 00:00:00 GMThttp://www.nabarro.com/Downloads/Offshore-tax-residence.pdfThe funds industry has developed a number of specific terms and phrases over recent years. This note is a non-exhaustive summary of those terms frequently used by, among others, fund managers, lawyers and accountants. Please note that the descriptions provided should not be treated as definitive and serve as a guide only.http://www.nabarro.com/Downloads/Fund-terms-and-definitions.pdfThu, 29 Jan 2009 00:00:00 GMThttp://www.nabarro.com/Downloads/Fund-terms-and-definitions.pdfWinter is a good time for competition guidelines especially, it seems, on abuse of dominance. In December 2005 the Commissions Competition Directorate, for the first time, put out some kind of statement on its views on this area a discussion paper running to a lengthy 72 pages. Three years later and after much debate, the Commission has distilled its paper down into a formal guidance document one third of the length.http://www.nabarro.com/Downloads/Solution-to-abuse-of-power.pdfThu, 29 Jan 2009 00:00:00 GMThttp://www.nabarro.com/Downloads/Solution-to-abuse-of-power.pdfThe use of SPVs for holding real estate is common but buyers and sellers should be alive to a number of issues when buying and selling an SPV.http://www.nabarro.com/Downloads/Buying-and-Selling-SPVs.pdfThu, 29 Jan 2009 00:00:00 GMThttp://www.nabarro.com/Downloads/Buying-and-Selling-SPVs.pdfWith the UK National Health Service in its 60th year and the global credit crunch entering its second year, the current debate about the future direction of the healthcare sector in the UK has never been more pertinent.http://www.nabarro.com/Downloads/TransAtlantic-Feb-09.pdfWed, 28 Jan 2009 00:00:00 GMThttp://www.nabarro.com/Downloads/TransAtlantic-Feb-09.pdfENERGY Nuclear update Energy Performance Buildings Directive CLIMATE CHANGE EU Climate Change Package Update Poznan Update Yorkshire trial carbon trading scheme Scottish Climate Change Bill Kingsnorth: A Climate Change Defence Climate Change Litigation: A possibility in the UK? International news round-uphttp://www.nabarro.com/Downloads/8583-Climate-Change-and-Energy-newsletter.pdfWed, 28 Jan 2009 00:00:00 GMThttp://www.nabarro.com/Downloads/8583-Climate-Change-and-Energy-newsletter.pdfMost businesses today have a brand. It is difficult to operate in the modern world without one; a brand distinguishes your business from the competition. As businesses across all sectors are becoming increasingly aware of the importance of brands, there is also a growing interest in the protection that is obtainable through registration, which offers a quick and cost-effective way of preventing or stopping others from using a conflicting sign.http://www.nabarro.com/Downloads/Trade-Marks-and-the-Modern-World.pdfWed, 28 Jan 2009 00:00:00 GMThttp://www.nabarro.com/Downloads/Trade-Marks-and-the-Modern-World.pdfClimate Change Act Energy Act Nuclear White Paper Planning Act Planning and Energy Act EPB Regulations 2007 (as amended by the EPB Amendment Regulations 2007, the EPB Amendment No. 2 Regulations 2007 and the EPB Amendment Regulations 2008) Microgeneration and Local Energy Bill Sustainable Energy (Local Plans) Bill http://www.nabarro.comhttp%3a%2f%2fwww.nabarro.com%2fServices-Sectors%2fIndustry_Sectors%2fClimate_Change_%26_Energy%2fLeg_and_Reg_Update_Jan_2009.htmlWed, 28 Jan 2009 00:00:00 GMThttp://www.nabarro.comhttp%3a%2f%2fwww.nabarro.com%2fServices-Sectors%2fIndustry_Sectors%2fClimate_Change_%26_Energy%2fLeg_and_Reg_Update_Jan_2009.htmlReview of Industry Code Governance - Environment and Code Objectives Ofgem Code Governance Review: Charging methodology governance options Carbon units, the net UK carbon account and carbon accounting Renewables Obligation: DRAFT Guidance for licensed electricity suppliers Transmission Access Review - Initial consultation on enhances transmission investment incentives Renewables Obligation: DRAFT guidance for Microgenerators (small generators 50kW or less) Renewables Obligation: DRAFT guidance for generators over 50kW The scope of the proposed 6-year review of Process Guidance Notes for Part B Installations Consultation on Better Regulation Review of Part B Activities Electricity Distribution Price Control Review Policy Paper Draft Planning Policy Statement: Eco-towns Consultation on addressing unfair energy price differentials Electricity and Gas code Governance Review: 1) Major Policy Reviews and Self Governance 2) Role of code administrators and small participant/consumer initiatives Draft Planning Policy Statement: Eco-towns Definition of Zero Carbon Homes and Non-Domestic Buildings http://www.nabarro.comhttp%3a%2f%2fwww.nabarro.com%2fServices-Sectors%2fIndustry_Sectors%2fClimate_Change_%26_Energy%2fConsultation_Update_Jan_2009.htmlWed, 28 Jan 2009 00:00:00 GMThttp://www.nabarro.comhttp%3a%2f%2fwww.nabarro.com%2fServices-Sectors%2fIndustry_Sectors%2fClimate_Change_%26_Energy%2fConsultation_Update_Jan_2009.htmlRule 2.2.1 of the Disclosure and Transparency Rules (DTRs) requires issuers to notify a Regulatory Information Service (RIS) of inside information as soon as possible. Listing Principle 4 in the Listing Rules follows this obligation with a requirement on issuers to communicate information in such a way as to avoid the creation or continuation of a false market. In two recent decisions (Entertainment Rights and Wolfson Microelectronics), the FSA has emphasised that the circumstances justifying delay in disclosure of bad news are extremely few and, in particular, the existence of potentially balancing good news is not an excuse for delay. In addition, the FSA has also emphasised the need to obtain appropriate professional advice promptly and made clear that the existence of confidentiality obligations owed to third parties does not constitute an excuse for delayed disclosure of inside information.http://www.nabarro.com/Downloads/8581-Disclosing-bad-news.pdfTue, 27 Jan 2009 00:00:00 GMThttp://www.nabarro.com/Downloads/8581-Disclosing-bad-news.pdfWe enclose the latest edition of Brussels Update, a regular update on significant developments in EU law and policy and UK competition law prepared by the EU & Competition group. We hope that you will find it useful and informative. If you think this publication may be of interest to any of your colleagues or acquaintances, please feel free to forward it to them and we will be happy to add them to our mailing list.http://www.nabarro.com/Downloads/8579-Brussels-Update2---January-2009.pdfMon, 26 Jan 2009 00:00:00 GMThttp://www.nabarro.com/Downloads/8579-Brussels-Update2---January-2009.pdfIn December 2008, the FSA announced that it was investigating possible rule breaches following the announcement by The Carphone Warehouse plc of a director's share pledges as security for personal loans. Deal or no deal? On 9 January 2009, the FSA issued a notice confirming that grants of security over shares are regarded as dealings in shares and therefore subject to the disclosure requirements of the Disclosure & Transparency Rules (DTRs).http://www.nabarro.com/Downloads/Security-over-shares.pdfFri, 23 Jan 2009 00:00:00 GMThttp://www.nabarro.com/Downloads/Security-over-shares.pdfAt the end of November 2008, The Rights Issue Review Group ('RIRG') called for new rules that would speed up the rights issue process and therefore the time it takes for companies to raise fresh capital. The FSA have now issued a consultation paper on shortening the rights issue period from 21 days to 14 days.http://www.nabarro.com/Downloads/FSA-Rights-Issue.pdfFri, 23 Jan 2009 00:00:00 GMThttp://www.nabarro.com/Downloads/FSA-Rights-Issue.pdfThe concept of cause and effect is well known. If one hits an egg with a hammer it will smash into dozens of irreparable pieces. Arguably the same applies to the UK real estate market. If the tabloids, property press, analysts, and property professionals continually batter the market telling everyone how bad it is and how bad it will get then, surprise surprise, the market will continue to believe this and it will take even longer to recover from the almost unprecedented battering it has already received, even after the fundamentals such as problems with liquidity have been resolved.http://www.nabarro.comhttp%3a%2f%2fwww.nabarro.com%2fdownloads%2f8533%2520Real%2520Estate%2520newsletter%2520Jan%25202009.htmlWed, 21 Jan 2009 00:00:00 GMThttp://www.nabarro.comhttp%3a%2f%2fwww.nabarro.com%2fdownloads%2f8533%2520Real%2520Estate%2520newsletter%2520Jan%25202009.htmlAs the last year has proven, predictions are tricky things. This was recently illustrated in the end of year audit of the Sunday Times share predictions for 2008, which was reported as 'a dismal showing for our favoured stocks'. In line with tradition, however, here is a summary of some trends which might be seen in the Financial Services Authority's enforcement actions over the next year.http://www.nabarro.com/Downloads/Enforcement-20-1-2009.pdfTue, 20 Jan 2009 00:00:00 GMThttp://www.nabarro.com/Downloads/Enforcement-20-1-2009.pdfAre you a director of a UK company either within a fund structure or a joint venture? If so, you should be aware of a new change to directors' duties that came into effect this month.http://www.nabarro.com/Downloads/Directors'-Duties-to-Avoid-Conflicts-of-Interest.pdfMon, 19 Jan 2009 00:00:00 GMThttp://www.nabarro.com/Downloads/Directors'-Duties-to-Avoid-Conflicts-of-Interest.pdfPAIFs arrived with excitement for the funds industry in April 2008. PAIFs were expected to be the holy grail for unlisted indirect property investment a truly tax transparent structure at last!http://www.nabarro.com/Downloads/PAIFs---where-are-we-going.pdfMon, 19 Jan 2009 00:00:00 GMThttp://www.nabarro.com/Downloads/PAIFs---where-are-we-going.pdfLimited Partnerships have been used as joint venture vehicles for many years. However, they have often been classified as a collective investment scheme (CIS) requiring a person authorised under the Financial Services and Markets Act 2000 (FSMA) to undertake the role of 'operator' of the joint venture.http://www.nabarro.com/Downloads/Joint-Ventures---do-you-need-an-operator.pdfMon, 19 Jan 2009 00:00:00 GMThttp://www.nabarro.com/Downloads/Joint-Ventures---do-you-need-an-operator.pdfRecent announcements by the European Council and the European Commission give a clear indication that the EU supports the use of accelerated procurement procedures in the current economic climate.http://www.nabarro.com/Downloads/EU's-answer-to-the-credit-crunch---Jan-2009.pdfFri, 16 Jan 2009 00:00:00 GMThttp://www.nabarro.com/Downloads/EU's-answer-to-the-credit-crunch---Jan-2009.pdfThe European Commission believes it has enough evidence from its sector inquiry to take action against some pharmaceutical companies, and patent settlements between originator companies and generic firms are likely to be a prime target. But proving that the EU competition rules have been breached will not be an easy task, say Jonathan Radcliffe and Brian Sher. http://www.nabarro.com/Downloads/EU-Pharm-commentary.PDFTue, 13 Jan 2009 00:00:00 GMThttp://www.nabarro.com/Downloads/EU-Pharm-commentary.PDFThe Financial Services Authority's Business Plan 2008/09 stated that the regulator would conduct a post-implementation review of its Conduct of Business Sourcebook in 2010. The FSA published its interim findings in December 2008.http://www.nabarro.com/Downloads/conduct-of-business-8-1-2009.pdfThu, 08 Jan 2009 00:00:00 GMThttp://www.nabarro.com/Downloads/conduct-of-business-8-1-2009.pdfWe enclose the latest edition of Brussels Update, a regular update on significant developments in EU law and policy and UK competition law prepared by the EU & Competition group. We hope that you will find it useful and informative. If you think this publication may be of interest to any of your colleagues or acquaintances, please feel free to forward it to them and we will be happy to add them to our mailing list.http://www.nabarro.com/Downloads/8519-Brussels-Update---7-January-2009.pdfWed, 07 Jan 2009 00:00:00 GMThttp://www.nabarro.com/Downloads/8519-Brussels-Update---7-January-2009.pdfFrom 2012 UK employers will have to have arrangements in place for the automatic enrolment of the majority of their workforce into a pension scheme to which the employer must contribute. Employers may choose to designate and certify their own scheme or enrol employees into the central personal accounts scheme. Although these provisions will not be live for over three years, employers should be considering in advance how they are going to comply with the requirements and those tendering for contracts which will run on into 2012 should be costing these changes now.http://www.nabarro.com/Downloads/Pensions-briefin---Pensions-Act-2008---Jan-2009.pdfTue, 06 Jan 2009 00:00:00 GMThttp://www.nabarro.com/Downloads/Pensions-briefin---Pensions-Act-2008---Jan-2009.pdfThe statutory disciplinary dismissal and grievance procedures are replaced with ACAS Code-based procedures. What should you do next?http://www.nabarro.com/Downloads/discipline-and-grievance-what-every-employer-needs-to-know-and-do-before-april-2009-jan-09.pdfThu, 01 Jan 2009 00:00:00 GMThttp://www.nabarro.com/Downloads/discipline-and-grievance-what-every-employer-needs-to-know-and-do-before-april-2009-jan-09.pdfWelcome to the festive seasons edition of QuarterDay. Our Real Estate Dispute Resolution team will guide you through the latest legal developments in the sector.http://www.nabarro.com/Downloads/QuarterDay-25-Dec-08-8486.pdfThu, 25 Dec 2008 00:00:00 GMThttp://www.nabarro.com/Downloads/QuarterDay-25-Dec-08-8486.pdfThe London Stock Exchange has published AIM Notice 30, proposing new rules for AIM-listed investment companies. In addition, the Guidance Note for Mining, Oil & Gas Companies is being updated and a number of minor changes made to the AIM Rules for Companies.http://www.nabarro.com/Downloads/8515-New-rules-for-AIM-listed-investing.pdfWed, 24 Dec 2008 00:00:00 GMThttp://www.nabarro.com/Downloads/8515-New-rules-for-AIM-listed-investing.pdfWelcome to the latest edition of Did you know that ...?, our regular briefing, which highlights key legal developments affecting companies and their advisers. We hope that you will find it useful and informative.http://www.nabarro.com/Downloads/8514-Did-you-know-that-December-2008.pdfMon, 22 Dec 2008 00:00:00 GMThttp://www.nabarro.com/Downloads/8514-Did-you-know-that-December-2008.pdfThe decision of the Special Commissioners in the case of Demibourne Ltd v Revenue and Customs, highlighted an anomaly in the regulations governing the operation of the Pay As You Earn system (the 'PAYE Regulations') with the result that HM Revenue and Customs ('HMRC') were able to seek recovery from an employer of PAYE income even though the income tax had already been paid by the employee under self-assessment.http://www.nabarro.com/Downloads/Transfer-of-employer-PAYE-liabilities-to-the-employee.pdfMon, 22 Dec 2008 00:00:00 GMThttp://www.nabarro.com/Downloads/Transfer-of-employer-PAYE-liabilities-to-the-employee.pdfThe Pensions Act 2008 provides for the reduction of the cap on revaluation of deferred benefits from 5 per cent to 2 per cent. This will now apply to accrued benefits attributable to periods of pensionable service from 6 April 2009 instead of 1 January 2009, as was expected. Trustees of defined benefit schemes will need to consider whether they need to amend their scheme rules. This should be done as a matter of priority, especially if employer consultation is necessary.http://www.nabarro.com/Downloads/8509-Pensions-briefing---Revaluation.pdfMon, 22 Dec 2008 00:00:00 GMThttp://www.nabarro.com/Downloads/8509-Pensions-briefing---Revaluation.pdfThe FSAs announcement of its intended revisions to LR 8 (Sponsors) of the Listing Rules will be of interest to sponsors and listed companies. The new rules will come into effect on 6 February 2009.http://www.nabarro.com/Downloads/8512-FSA-publishes-policy-statement.pdfMon, 22 Dec 2008 00:00:00 GMThttp://www.nabarro.com/Downloads/8512-FSA-publishes-policy-statement.pdfTax issues are often a key factor when investing in UK Property, many of which are summarised below. The Real Estate team at Nabarro include specialist property tax lawyers experienced in guiding clients through the myriad of tax considerations that often arise.http://www.nabarro.com/Downloads/7343-Overseas-Investors.pdfMon, 22 Dec 2008 00:00:00 GMThttp://www.nabarro.com/Downloads/7343-Overseas-Investors.pdfHEADLINES Pensions Act 2008 Moral hazard: consultation draft regulations and material detriment code of practice Foster Wheeler: Important High Court decision on sex equalisation: check your rules DWP consultation: draft Miscellaneous Amendments Regulations Flexible Retirement Consultation: Government Response and draft regulations Financial Assistance Scheme - widening of entry requirements Government response to DWP risk-sharing consultation Pensions Regulators response to consultation on CETV guidance LGPS: guidance on ill-health retirement provisions and informal consultation on cost-sharinghttp://www.nabarro.com/Downloads/8513-Pensions-Update-December-2008.pdfMon, 22 Dec 2008 00:00:00 GMThttp://www.nabarro.com/Downloads/8513-Pensions-Update-December-2008.pdfOne wonders what the response would have been if the Financial Services Authority had brought forward proposals on liquidity such as the far-reaching measures set out in consultation paper 08/22 two years ago? Banks would have argued against them vigorously, and a pro-business lobby would probably have complained that they made London uncompetitive, and that all the banks would move to Zurich, Frankfurt, or elsewhere.http://www.nabarro.com/Downloads/analysis-of-CP08-22-18-12-2008.pdfThu, 18 Dec 2008 00:00:00 GMThttp://www.nabarro.com/Downloads/analysis-of-CP08-22-18-12-2008.pdfReproduced by kind permission of RICS Construction Journal. Increasingly, consultants and even contractors are seeking to include net contribution clauses (NCCs) in their appointments and warranties. However, many people are often unclear what NCCs are. Where a loss occurs in the course of business, for which two or more parties happen to be responsible, the law enables the party suffering a loss to sue any party responsible for the full value of the loss, regardless of the extent of their responsibility.http://www.nabarro.com/Downloads/what_are_net_contribution_clauses.pdfTue, 16 Dec 2008 00:00:00 GMThttp://www.nabarro.com/Downloads/what_are_net_contribution_clauses.pdfReproduced by kind permission of RICS Construction Journal. There are broadly two types of construction risks insurance. The first covers damage to property, such as damage to buildings and other structures being constructed or to the existing building in which the construction is being carried out. The second covers liability for third party claims for injury and death or damage to third party property. Modern forms of contractors' all risks policies cover both.http://www.nabarro.com/Downloads/contractors-all-risks-insurance.pdfTue, 16 Dec 2008 00:00:00 GMThttp://www.nabarro.com/Downloads/contractors-all-risks-insurance.pdfClimate Change Act Energy Act Nuclear White Paper Planning Act Planning and Energy Act EPB Regulations 2007 (as amended by the EPB Amendment Regulations 2007, the EPB Amendment No. 2 Regulations 2007 and the EPB Amendment Regulations 2008) Microgeneration and Local Energy Bill Sustainable Energy (Local Plans) Bill http://www.nabarro.comhttp%3a%2f%2fwww.nabarro.com%2fServices-Sectors%2fIndustry_Sectors%2fClimate_Change_%26_Energy%2fLeg_and_Reg_Update_Dec_2008.htmlMon, 15 Dec 2008 00:00:00 GMThttp://www.nabarro.comhttp%3a%2f%2fwww.nabarro.com%2fServices-Sectors%2fIndustry_Sectors%2fClimate_Change_%26_Energy%2fLeg_and_Reg_Update_Dec_2008.htmlDraft Renewable Transport Fuel Obligations (Amendment) Order 2009 Offshore Electricity Transmission- Joint Ofgem/DECC Regulatory Policy Update Review of Industry Code Governance - Environment and Code Objectives Ofgem Code Governance Review: Charging methodology governance options Carbon units, the net UK carbon account and carbon accounting The scope of the proposed 6-year review of Process Guidance Notes for Part B Installations Consultation on Better Regulation Review of Part B Activities Electricity Distribution Price Control Review Policy Paper Draft Planning Policy Statement: Eco-towns http://www.nabarro.comhttp%3a%2f%2fwww.nabarro.com%2fServices-Sectors%2fIndustry_Sectors%2fClimate_Change_%26_Energy%2fConsultation_Update_Dec_2008.htmlMon, 15 Dec 2008 00:00:00 GMThttp://www.nabarro.comhttp%3a%2f%2fwww.nabarro.com%2fServices-Sectors%2fIndustry_Sectors%2fClimate_Change_%26_Energy%2fConsultation_Update_Dec_2008.htmlThe production and use of waste vegetable oil derived biodiesel (WVO) Options for monitoring Mechanical Biological Treatment (MBT) processes Sustainable Products improving the efficiency of energy using products Offshore Electricity Transmission - Regulatory Policy Update Recommendations of the Climate Change Simplification Proposals Consultation on Article 5 of the Energy End Use Efficiency and Energy Services Directive 2006/32/EC Modification of Electricity Transmission Standard Licence Conditions - Way Forwardhttp://www.nabarro.comhttp%3a%2f%2fwww.nabarro.com%2fServices-Sectors%2fIndustry_Sectors%2fClimate_Change_%26_Energy%2fClosed_Consultations_Dec_2008.htmlMon, 15 Dec 2008 00:00:00 GMThttp://www.nabarro.comhttp%3a%2f%2fwww.nabarro.com%2fServices-Sectors%2fIndustry_Sectors%2fClimate_Change_%26_Energy%2fClosed_Consultations_Dec_2008.htmlIn our March 2008 Climate Change and Energy Briefing, we reported on the introduction of the Carbon Reduction Commitment (CRC). Our article summarised the key components of the scheme and described, briefly, how the scheme intends to operate. Since March 2008, there have been a number of developments such as the publication of the Government's response to their 2007 consultation paper on implementation of the scheme and the announcement of further changes to the scheme in July 2008. The purpose of this article is to: (a) recap on what the CRC is; (b) explain how the CRC works, whilst covering the Government's response in March 2008 and new changes to the scheme announced in July 2008; (c) explain what organisations should do in preparation for the start of the scheme in 2010. http://www.nabarro.comhttp%3a%2f%2fwww.nabarro.com%2fServices-Sectors%2fIndustry_Sectors%2fClimate_Change_%26_Energy%2fCRC_Update_-_Dec_2008.htmlMon, 15 Dec 2008 00:00:00 GMThttp://www.nabarro.comhttp%3a%2f%2fwww.nabarro.com%2fServices-Sectors%2fIndustry_Sectors%2fClimate_Change_%26_Energy%2fCRC_Update_-_Dec_2008.htmlLocal authorities have entered a new era in the drive for efficiency gains following the Gershon Review. Targets set by the review covered the period up to March this year, so it is timely to find out where local authorities believe future savings can be made, how they can be sustained, the role of central government and what barriers remain.http://www.nabarro.com/Downloads/Savings-potential.pdfMon, 15 Dec 2008 00:00:00 GMThttp://www.nabarro.com/Downloads/Savings-potential.pdfA timely reminder. Just as company directors and those involved in the financial reporting chain are beginning to prepare the 2008 annual reports, the Financial Reporting Council (FRC) last week issued: An Update for Directors of Listed Companies: Going Concern and Liquidity Risk (the 'Update'). Directors should consider this note in light of the requirements of the UK Listing Rules, IFRS and GAAP to disclose in a company's financial statements if a company's going concern status is uncertain. Although aimed at directors of listed companies, directors of unlisted companies may also benefit from the content of the FRC's update.http://www.nabarro.com/Downloads/8491-Reporting-on-Going-Concern.pdfThu, 11 Dec 2008 00:00:00 GMThttp://www.nabarro.com/Downloads/8491-Reporting-on-Going-Concern.pdfThe FSA is investigating possible breaches of the Listing Rules following the announcement by The Carphone Warehouse Group PLC of a director's share pledges as security for personal loans. This is a timely reminder that those who manage and advise listed companies must always consider the requirements of the FSA's Listing Rules, and in particular its Model Code on dealings in securities, whenever persons with managerial responsibilities want to take any action regarding their shareholdings in the listed company.http://www.nabarro.com/Downloads/8492-Deal-or-no-deal.pdfWed, 10 Dec 2008 00:00:00 GMThttp://www.nabarro.com/Downloads/8492-Deal-or-no-deal.pdfHEADLINES Regulator's statement on current market conditions Trustees structure wind up to maximise debt PPF levy proposals Changes to employer debt - informal consultation Pre-Budget Report 2008http://www.nabarro.com/Downloads/8469-Pensions-update-November-2008.pdfTue, 02 Dec 2008 00:00:00 GMThttp://www.nabarro.com/Downloads/8469-Pensions-update-November-2008.pdfWe enclose the latest edition of Brussels Update, a regular update on significant developments in EU law and policy and UK competition law prepared by the EU & Competition group. We hope that you will find it useful and informative. If you think this publication may be of interest to any of your colleagues or acquaintances, please feel free to forward it to them and we will be happy to add them to our mailing list.http://www.nabarro.com/Downloads/8476-Brussels-Update-1-December-2008.pdfMon, 01 Dec 2008 00:00:00 GMThttp://www.nabarro.com/Downloads/8476-Brussels-Update-1-December-2008.pdfThe Rights Issue Review Group ('RIRG') published its report to the Chancellor of the Exchequer this week on the proposed reform of the rights issue process (the 'Report').http://www.nabarro.com/Downloads/8473-Rights-Issue-Reform-briefing-1108.pdfFri, 28 Nov 2008 00:00:00 GMThttp://www.nabarro.com/Downloads/8473-Rights-Issue-Reform-briefing-1108.pdfIt is now over a year since the 'day of the MiFID'. It is probable during these uncertain financial times that the Markets in Financial Instruments Directive is not the first or most important thing on a regulated firm's agenda. The Financial Services Authority's 2008 ARROW visits are, however, certain to contain a review of how firms have handled the implementation of MiFID and their ongoing obligations.http://www.nabarro.com/Downloads/MIFID-analysis-26-11-2008.pdfWed, 26 Nov 2008 00:00:00 GMThttp://www.nabarro.com/Downloads/MIFID-analysis-26-11-2008.pdfWe enclose the latest edition of Brussels Update, a regular update on significant developments in EU law and policy and UK competition law prepared by the EU & Competition group. We hope that you will find it useful and informative. If you think this publication may be of interest to any of your colleagues or acquaintances, please feel free to forward it to them and we will be happy to add them to our mailing list.http://www.nabarro.com/Downloads/8459-Brussels-Update-25-November-2008.pdfTue, 25 Nov 2008 00:00:00 GMThttp://www.nabarro.com/Downloads/8459-Brussels-Update-25-November-2008.pdfIn the present downturn, directors of property-related companies should be aware of the additional duties that can fall upon them. This article explains what these duties are, the risks of trading without having due regard to them and the steps that directors can take to avoid personal claims and disqualification.http://www.nabarro.com/Downloads/Act-appropriately.pdfMon, 24 Nov 2008 00:00:00 GMThttp://www.nabarro.com/Downloads/Act-appropriately.pdfThe Government has introduced tax breaks for UK property funds. But are there still too many unanswered questions to make Property Authorised Investment Funds a viable vehicle?http://www.nabarro.com/Downloads/PAIFs---where-are-we-going-(Nov-2008).pdfThu, 20 Nov 2008 00:00:00 GMThttp://www.nabarro.com/Downloads/PAIFs---where-are-we-going-(Nov-2008).pdfThe production and use of waste vegetable oil derived biodiesel (WVO) Options for monitoring Mechanical Biological Treatment (MBT) processes Sustainable Products improving the efficiency of energy using products Offshore Electricity Transmission - Regulatory Policy Update Recommendations of the Climate Change Simplification Proposals Consultation on Article 5 of the Energy End Use Efficiency and Energy Services Directive 2006/32/EC Modification of Electricity Transmission Standard Licence Conditions - Way Forward Consultation on Proposed UK auction design for use in the EU Emissions Trading Scheme Phase II http://www.nabarro.comhttp%3a%2f%2fwww.nabarro.com%2fServices-Sectors%2fIndustry_Sectors%2fClimate_Change_%26_Energy%2fClosed_Consultations_Nov_2008.htmlWed, 19 Nov 2008 00:00:00 GMThttp://www.nabarro.comhttp%3a%2f%2fwww.nabarro.com%2fServices-Sectors%2fIndustry_Sectors%2fClimate_Change_%26_Energy%2fClosed_Consultations_Nov_2008.htmlClimate Change Bill Energy Bill Nuclear White Paper Planning Bill Planning and Energy Private Members Bill EPB Regulations 2007 (as amended by the EPB Amendment Regulations 2007, the EPB Amendment No. 2 Regulations 2007 and the EPB Amendment Regulations 2008) Environmental Protection Act 1990 (Amendment) Bill 2007-08 Microgeneration and Local Energy Bill http://www.nabarro.comhttp%3a%2f%2fwww.nabarro.com%2fServices-Sectors%2fIndustry_Sectors%2fClimate_Change_%26_Energy%2fLeg_and_Reg_Update_Nov_2008.htmlWed, 19 Nov 2008 00:00:00 GMThttp://www.nabarro.comhttp%3a%2f%2fwww.nabarro.com%2fServices-Sectors%2fIndustry_Sectors%2fClimate_Change_%26_Energy%2fLeg_and_Reg_Update_Nov_2008.htmlStrategic Siting Assessment Process and Siting Criteria for New Nuclear Power Stations in the UK Electricity and Gas Connections Industry Review 2007-2008 Offshore Electricity Transmission - Competitive Tender Process Consultation on waste incentive schemes: draft recyling service guidance Derogation requests to facilitate earlier connection of generation Energy Supply Probe - Initial Findings Report Draft Renewable Transport Fuel Obligations (Amendment) Order 2009 Ofgem Code Governance Review: Charging methodology governance options Carbon units, the net UK carbon account and carbon accounting Draft Planning Policy Statement: Eco-towns http://www.nabarro.comhttp%3a%2f%2fwww.nabarro.com%2fServices-Sectors%2fIndustry_Sectors%2fClimate_Change_%26_Energy%2fConsultation_Update_Nov_2008.htmlWed, 19 Nov 2008 00:00:00 GMThttp://www.nabarro.comhttp%3a%2f%2fwww.nabarro.com%2fServices-Sectors%2fIndustry_Sectors%2fClimate_Change_%26_Energy%2fConsultation_Update_Nov_2008.htmlThe Department for Work and Pensions has issued an informal consultation with limited circulation on making changes to the employer debt regime. Contrary to some press reports, the intention is not to weaken the protection for pension schemes under section 75 of the Pensions Act 1995 but rather to relax the requirements only in the context of corporate restructuring where the employer covenant was strong before the restructuring and there is no detrimental effect or weakening of the covenant afterwards.http://www.nabarro.com/Downloads/Pensions-briefing---Employer-Debt---Nov-2008.pdfFri, 14 Nov 2008 00:00:00 GMThttp://www.nabarro.com/Downloads/Pensions-briefing---Employer-Debt---Nov-2008.pdfOn October 23, 2008 the Financial Services Authority published consultation paper 08/17, which contains the draft rules on the disclosure of holdings of contracts for differences. This consultation paper follows CP07/20 issued in November 2007.http://www.nabarro.com/Downloads/disclosure-of-contracts-5-11-2008.pdfWed, 05 Nov 2008 00:00:00 GMThttp://www.nabarro.com/Downloads/disclosure-of-contracts-5-11-2008.pdfRecent court rulings have thrown into sharp focus the difficulties that can be faced by authorities involved in the public procurement process from the start of the tendering process to the award of the contract. Underpinning the public procurement regime, governed by the Public Contracts Regulations 2006 in the UK, are the principles of equality, fairness, objectively and transparency.http://www.nabarro.com/Downloads/court-report.PDFSat, 01 Nov 2008 00:00:00 GMThttp://www.nabarro.com/Downloads/court-report.PDFWe enclose the latest edition of Brussels Update, a regular update on significant developments in EU law and policy and UK competition law prepared by the EU & Competition group. We hope that you will find it useful and informative. If you think this publication may be of interest to any of your colleagues or acquaintances, please feel free to forward it to them and we will be happy to add them to our mailing list.http://www.nabarro.com/Downloads/8417-Brussels-Update---31-October-2008.pdfFri, 31 Oct 2008 00:00:00 GMThttp://www.nabarro.com/Downloads/8417-Brussels-Update---31-October-2008.pdfHEADLINES Moral hazard: Pensions Bill provisions and Pensions Regulator draft code content Pensions Regulator's conflicts of interest guidance: final version published Pensions Regulator consultation on TKU Role of actuary in scheme funding Court of Appeal decision in Allied Domecq Updating the Myners Principles: government consultation response Indirect sex discrimination EAT rules on correct pool of comparators LGPS broad comparability test: GAD clarification of 'minimum pension age' LGPS: responses to consultation on admitted body status provisions PPF levyhttp://www.nabarro.com/Downloads/8413-Pensions-Update-October-2008.pdfThu, 30 Oct 2008 00:00:00 GMThttp://www.nabarro.com/Downloads/8413-Pensions-Update-October-2008.pdfThe Advocate-General (AG) of the European Court of Justice in the Heyday case has just published his Opinion that UK employers may lawfully retire employees at 65. The AG stated that the UK's provisions on compulsory retirement are compatible with the Equal Treatment Framework Directive provided they are objectively justified within the context of national law.http://www.nabarro.com/Downloads/8323-Employment-Alert---Compulosry-Retirement.pdfThu, 30 Oct 2008 00:00:00 GMThttp://www.nabarro.com/Downloads/8323-Employment-Alert---Compulosry-Retirement.pdfTwo recent decisions of the Employment Appeal Tribunal (EAT) provide guidance on what employers must do in order to justify age discriminationhttp://www.nabarro.com/Downloads/8328-Employment-alert-2008.pdfThu, 30 Oct 2008 00:00:00 GMThttp://www.nabarro.com/Downloads/8328-Employment-alert-2008.pdfWelcome to The Healthcare Industry Barometer 2008. With the NHS in its 60th year and the global credit crunch entering its second year, the current debate about the future direction of the healthcare sector in the UK has never been more pertinent. Historically, the NHS has dominated the provision of healthcare in the UK, in recent times, however, the independent sector has played an increasing role.http://www.nabarro.com/Downloads/The-Healthcare-Industry-Barometer-2008.pdfMon, 27 Oct 2008 00:00:00 GMThttp://www.nabarro.com/Downloads/The-Healthcare-Industry-Barometer-2008.pdfWelcome to the latest edition of Did you know that ...?, our regular briefing, which highlights key legal developments affecting companies and their advisers. We hope that you will find it useful and informative.http://www.nabarro.com/Downloads/8391-Did-you-know-that-October-2008.pdfFri, 24 Oct 2008 00:00:00 GMThttp://www.nabarro.com/Downloads/8391-Did-you-know-that-October-2008.pdfNew rules on moral hazard, announced in April 2008, have now been tabled as amendments to the Pensions Bill. According to the Government the new powers have been framed 'so that they do not have an undue impact on legitimate business activity'. As expected, the Pensions Regulator is to be given wider powers to issue contribution notices. These provisions will be supported by a code of practice to be issued by the Regulator. We summarise the new rules and consider how this might affect corporate behaviour.http://www.nabarro.com/Downloads/Moral-hazard---new-legislation-Oct-08.pdfFri, 24 Oct 2008 00:00:00 GMThttp://www.nabarro.com/Downloads/Moral-hazard---new-legislation-Oct-08.pdfClimate Change Bill Energy Bill Nuclear White Paper Planning Bill Planning and Energy Private Members Bill EPB Regulations 2007 (as amended by the EPB Amendment Regulations 2007, the EPB Amendment No. 2 Regulations 2007 and the EPB Amendment Regulations 2008) Environmental Protection Act 1990 (Amendment) Bill 2007-08 Microgeneration and Local Energy Bill Sustainable Energy (Local Plans) Bill http://www.nabarro.comhttp%3a%2f%2fwww.nabarro.com%2fServices-Sectors%2fIndustry_Sectors%2fClimate_Change_%26_Energy%2fLeg_and_Reg_Update_Oct_2008.htmlMon, 20 Oct 2008 00:00:00 GMThttp://www.nabarro.comhttp%3a%2f%2fwww.nabarro.com%2fServices-Sectors%2fIndustry_Sectors%2fClimate_Change_%26_Energy%2fLeg_and_Reg_Update_Oct_2008.htmlBiodiesel, glycerol and the Renewables Obligation Energy metering Revised waste exemptions from environmental permitting Draft guidelines on monitoring, reporting and verification of greenhouse gas emissions for the aviation sector under the European Union Emissions Trading Scheme Strategic Siting Assessment Process and Siting Criteria for New Nuclear Power Stations in the UK Offshore Electricity Transmission - Competitive Tender Process Consultation on waste incentive schemes: draft recyling service guidance Energy Supply Probe - Initial Findings Report Ofgem Code Governance Review: Charging methodology governance options http://www.nabarro.comhttp%3a%2f%2fwww.nabarro.com%2fServices-Sectors%2fIndustry_Sectors%2fClimate_Change_%26_Energy%2fConsultation_Update_Oct_2008.htmlMon, 20 Oct 2008 00:00:00 GMThttp://www.nabarro.comhttp%3a%2f%2fwww.nabarro.com%2fServices-Sectors%2fIndustry_Sectors%2fClimate_Change_%26_Energy%2fConsultation_Update_Oct_2008.htmlThe production and use of waste vegetable oil derived biodiesel (WVO) Options for monitoring Mechanical Biological Treatment (MBT) processes Sustainable Products improving the efficiency of energy using products Offshore Electricity Transmission - Regulatory Policy Update Recommendations of the Climate Change Simplification Proposals Consultation on Article 5 of the Energy End Use Efficiency and Energy Services Directive 2006/32/EC Modification of Electricity Transmission Standard Licence Conditions - Way Forward Consultation on Proposed UK auction design for use in the EU Emissions Trading Scheme Phase IIhttp://www.nabarro.comhttp%3a%2f%2fwww.nabarro.com%2fServices-Sectors%2fIndustry_Sectors%2fClimate_Change_%26_Energy%2fClosed_Consultations_Oct_2008.htmlMon, 20 Oct 2008 00:00:00 GMThttp://www.nabarro.comhttp%3a%2f%2fwww.nabarro.com%2fServices-Sectors%2fIndustry_Sectors%2fClimate_Change_%26_Energy%2fClosed_Consultations_Oct_2008.htmlWe enclose the latest edition of Brussels Update, a regular update on significant developments in EU law and policy and UK competition law prepared by the EU & Competition group. We hope that you will find it useful and informative. If you think this publication may be of interest to any of your colleagues or acquaintances, please feel free to forward it to them and we will be happy to add them to our mailing list.http://www.nabarro.com/Downloads/8367-Brussels-Update---16-October-2008.pdfThu, 16 Oct 2008 00:00:00 GMThttp://www.nabarro.com/Downloads/8367-Brussels-Update---16-October-2008.pdfDevelopers and funders are frequently involved in the purchase of contaminated sites and the location and potential value of these sites often makes them attractive targets for such investment.http://www.nabarro.com/Downloads/8187.pdfTue, 30 Sep 2008 00:00:00 GMThttp://www.nabarro.com/Downloads/8187.pdfHEADLINES Advocate-General advises on UK default retirement age Conflicts of interest new company law rules GMP conversion consultation on draft regulations Member communication guidance published Solvency II EC consults ECJ judgment on discrimination against younger spouses Regulator's change of heart on mortality assumptionshttp://www.nabarro.com/Downloads/8342-Pensions-update---Sept-2008.pdfMon, 29 Sep 2008 00:00:00 GMThttp://www.nabarro.com/Downloads/8342-Pensions-update---Sept-2008.pdfWelcome to the Michaelmas edition of QuarterDay. Our Real Estate Dispute Resolution team will guide you through the latest legal developments in the sector.http://www.nabarro.com/Downloads/Quarter-Day-Issue-75.pdfMon, 29 Sep 2008 00:00:00 GMThttp://www.nabarro.com/Downloads/Quarter-Day-Issue-75.pdfCan the real estate business put sustainability at the heart of the leasing process? John Staheli looks at some of the issues.http://www.nabarro.com/Downloads/Green-Leases.pdfWed, 24 Sep 2008 00:00:00 GMThttp://www.nabarro.com/Downloads/Green-Leases.pdfWe enclose the latest edition of Brussels Update, a regular update on significant developments in EU law and policy and UK competition law prepared by the EU & Competition group. We hope that you will find it useful and informative. If you think this publication may be of interest to any of your colleagues or acquaintances, please feel free to forward it to them and we will be happy to add them to our mailing list.http://www.nabarro.com/Downloads/8325-Brussels-Update---25-September-2008.pdfWed, 24 Sep 2008 00:00:00 GMThttp://www.nabarro.com/Downloads/8325-Brussels-Update---25-September-2008.pdfTowards Carbon Capture and Storage Ofgem's Five Year Strategy Statutory Consultation on the Renewables Obligation Order 2009 UK Renewable Energy Strategy Social and environmental guidance to the gas and electricity markets authority European regulation on new car CO2 emissions Zero Carbon School Buildings Biodiesel, glycerol and the Renewables Obligation Energy metering Strategic Siting Assessment Process and Siting Criteria for New Nuclear Power Stations in the UK http://www.nabarro.comhttp%3a%2f%2fwww.nabarro.com%2fServices-Sectors%2fIndustry_Sectors%2fClimate_Change_%26_Energy%2fConsultation_Update_Sept_2008.htmlTue, 23 Sep 2008 00:00:00 GMThttp://www.nabarro.comhttp%3a%2f%2fwww.nabarro.com%2fServices-Sectors%2fIndustry_Sectors%2fClimate_Change_%26_Energy%2fConsultation_Update_Sept_2008.htmlThe production and use of waste vegetable oil derived biodiesel (WVO) Options for monitoring Mechanical Biological Treatment (MBT) processes Sustainable Products improving the efficiency of energy using products Offshore Electricity Transmission - Regulatory Policy Update Recommendations of the Climate Change Simplification Proposals Consultation on Article 5 of the Energy End Use Efficiency and Energy Services Directive 2006/32/EC Modification of Electricity Transmission Standard Licence Conditions - Way Forward Consultation on Proposed UK auction design for use in the EU Emissions Trading Scheme Phase II Consultation on the recommendations of the Climate Change Simplification project Heat Call for Evidence Implementation of the Mining Waste Directive Improving the energy performance of domestic heating and hot water systems Consultation on strategic environmental assessment scoping report for proposed national policy statement for new nuclear power http://www.nabarro.comhttp%3a%2f%2fwww.nabarro.com%2fServices-Sectors%2fIndustry_Sectors%2fClimate_Change_%26_Energy%2fClosed_Consultations_-_Sept_2008.htmlTue, 23 Sep 2008 00:00:00 GMThttp://www.nabarro.comhttp%3a%2f%2fwww.nabarro.com%2fServices-Sectors%2fIndustry_Sectors%2fClimate_Change_%26_Energy%2fClosed_Consultations_-_Sept_2008.htmlClimate Change Bill Energy Bill Nuclear White Paper Planning Bill Planning and Energy Private Members Bill EPB Regulations 2007 (as amended by the EPB Amendment Regulations 2007, the EPB Amendment No. 2 Regulations 2007 and the EPB Amendment Regulations 2008) Environmental Protection Act 1990 (Amendment) Bill 2007-08 Microgeneration and Local Energy Bill Sustainable Energy (Local Plans) Bill http://www.nabarro.comhttp%3a%2f%2fwww.nabarro.com%2fServices-Sectors%2fIndustry_Sectors%2fClimate_Change_%26_Energy%2fLeg_and_Reg_Update_Sept_2008.htmlTue, 23 Sep 2008 00:00:00 GMThttp://www.nabarro.comhttp%3a%2f%2fwww.nabarro.com%2fServices-Sectors%2fIndustry_Sectors%2fClimate_Change_%26_Energy%2fLeg_and_Reg_Update_Sept_2008.htmlPublic procurement is a rapidly developing area of law and there is a growing body of case law and legislation, which governs public tendering procedures for contracts. This is the latest edition of our newsletter, which briefly summarises changes in law and policy, as well as procurement cases before the European Commission, the UK courts and the European Court of Justice.http://www.nabarro.com/Downloads/8296-Public-Procurement-August-2008.pdfMon, 22 Sep 2008 00:00:00 GMThttp://www.nabarro.com/Downloads/8296-Public-Procurement-August-2008.pdfReproduced by kind permission of RICS Construction Journal. Most construction consultants carry Professional Indemnity Insurance (PII) and many clients insist on it. In addition, contractors carrying out design will also be expected to have PII cover. PII is third-party liability insurance meaning the insured party is covered in respect of any liability to others, but does not, receive a direct benefit. The cover provided will depend on the Specific wording of the policy. Typically, a PII policy responds to claims for negligence or breach of duty arising from the conduct of professional business.http://www.nabarro.com/Downloads/how_does_PII_work.pdfTue, 16 Sep 2008 00:00:00 GMThttp://www.nabarro.com/Downloads/how_does_PII_work.pdfReproduced by kind permission of RICS Construction Journal. 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, 16 Sep 2008 00:00:00 GMThttp://www.nabarro.com/Downloads/what_are_the_limitation_act_periods_and_the_latent_damage_act.pdfClimate change issues have risen in the concerns of international bodies, practically all national governments and the industrial and scientific communities. This has resulted in a number of top down initiatives, but we must always recognise that the community at large has a vital role to play. Consequently inMarch 2007, the Local Government Association (LGA) established the Climate Change Commission to critically review and evaluate local governments track record on climate change. In their final report, the commission found that while there were some outstanding examples of local government leadership and innovation, a more urgent and consistent authority-wide response was required by each and every local authority.1http://www.nabarro.com/Downloads/Cutting-through-the-green-tape.pdfWed, 03 Sep 2008 00:00:00 GMThttp://www.nabarro.com/Downloads/Cutting-through-the-green-tape.pdfHEADLINES Justifying age discrimination: two Employment Tribunal and EAT decisions Ombudsman: trustees personally liable for scheme losses from unlawful loan to employer Transfer values: draft guidance from the Pensions Regulator IDR Code of Practice not yet in force SIPPs and protected rights: regulations now laidhttp://www.nabarro.com/Downloads/Pensions-Update---Aug-08.pdfWed, 03 Sep 2008 00:00:00 GMThttp://www.nabarro.com/Downloads/Pensions-Update---Aug-08.pdfEqual pay has come to the forefront of the employment field this month. A Council's pay protection scheme largely benefiting male employees was held to be indirectly discriminatory by the Court of Appeal. However, the Claimant's argument that the Job Evaluation Study had retrospective effect was rejected. In a separate case, the Employment Appeal Tribunal (EAT) held that the time limit for bringing an equal pay claim against a transferor in respect of pre-transfer liability runs from the transfer date. However, where a transferee continues the transferor's breach, the time limit for bringing an equal pay claim in respect of post-transfer liability is 6 months from the end of the Claimant's employment with the transferee.http://www.nabarro.com/Downloads/Equal-Pay-Debate.pdfWed, 03 Sep 2008 00:00:00 GMThttp://www.nabarro.com/Downloads/Equal-Pay-Debate.pdfWelcome to the latest edition of LiveWire, Nabarros email news update aimed at technology companies and their advisers. Whether your company is established in Europe or thinking of establishing a presence there, LiveWire provides a more focused, flexible and up-to-date survey of European legal developments than traditional hard copy newsletters.http://www.nabarro.com/Downloads/8237-LiveWire---September-2008.pdfMon, 01 Sep 2008 00:00:00 GMThttp://www.nabarro.com/Downloads/8237-LiveWire---September-2008.pdfWe enclose the latest edition of Brussels Update, a regular update on significant developments in EU law and policy and UK competition law prepared by the EU & Competition group. We hope that you will find it useful and informative. If you think this publication may be of interest to any of your colleagues or acquaintances, please feel free to forward it to them and we will be happy to add them to our mailing list.http://www.nabarro.com/Downloads/8274-Brussels-Update-11-September-2008.pdfWed, 27 Aug 2008 00:00:00 GMThttp://www.nabarro.com/Downloads/8274-Brussels-Update-11-September-2008.pdfFirst 2007 saw negative property returns for the first time in 15 years and the continuing negative economic outlook for 2008 is putting pressure on all sectors of the property market to secure rental income to offset falls in capital value. The legal process is a key part of this and asset managers and lawyers are coming under ever greater scrutiny to make sure they deliver maximum value. Against this background there are two fundamental legal areas for asset managers to look at, first streamlining the letting process and second minimising the damage on tenant default and insolvency.http://www.nabarro.com/Downloads/Asset-management-for-landlords.pdfMon, 18 Aug 2008 00:00:00 GMThttp://www.nabarro.com/Downloads/Asset-management-for-landlords.pdfKEY PROVISIONS Reduction of Targeted greenhouse gas emissions A system of carbon budgeting A committee on climate change Trading schemes Adaptation to climate changehttp://www.nabarro.comhttp%3a%2f%2fwww.nabarro.com%2fServices-Sectors%2fIndustry_Sectors%2fClimate_Change_%26_Energy%2fOverview_of_key_bill_provisions_-_Aug_2008.htmlMon, 18 Aug 2008 00:00:00 GMThttp://www.nabarro.comhttp%3a%2f%2fwww.nabarro.com%2fServices-Sectors%2fIndustry_Sectors%2fClimate_Change_%26_Energy%2fOverview_of_key_bill_provisions_-_Aug_2008.htmlFollowing the commitment in the Planning White Paper Planning for a Sustainable Future (2007) to review the assessment of proposals outside town centres, the Government has now published draft amendments to Planning Policy Statement 6: Planning for Town Centres (PPS6). These are aimed at 'refining' the current policy approach.http://www.nabarro.com/Downloads/8249-Planning-for-town-centres.pdfWed, 13 Aug 2008 00:00:00 GMThttp://www.nabarro.com/Downloads/8249-Planning-for-town-centres.pdfWe enclose the latest edition of Brussels Update, a regular update on significant developments in EU law and policy and UK competition law prepared by the EU & Competition group. We hope that you will find it useful and informative. If you think this publication may be of interest to any of your colleagues or acquaintances, please feel free to forward it to them and we will be happy to add them to our mailing list.http://www.nabarro.com/Downloads/8240-Brussels-Update-6-August-2008.pdfWed, 06 Aug 2008 00:00:00 GMThttp://www.nabarro.com/Downloads/8240-Brussels-Update-6-August-2008.pdfImportant changes to the procedure and administration of the UK trade marks system are expected to come into force on 1 October 2008. The changes follow a consultation exercise led by the UK Intellectual Property Office (UKIPO), in which Nabarro participated.http://www.nabarro.com/Downloads/UK-Trade-Marks---new-procedural-rules.pdfWed, 06 Aug 2008 00:00:00 GMThttp://www.nabarro.com/Downloads/UK-Trade-Marks---new-procedural-rules.pdfWe have in recent months reported that some pension scheme trustees, acting by way of business, may be required to register with HMRC for money laundering purposes. HMRC have now issued updated guidance which confirms that directors of trustee companies and those offering professional trustee services to occupational pension schemes are not required to register.http://www.nabarro.com/Downloads/Money-laundering---pension-exemption.pdfWed, 06 Aug 2008 00:00:00 GMThttp://www.nabarro.com/Downloads/Money-laundering---pension-exemption.pdfWelcome to the latest edition of LiveWire, Nabarros email news update aimed at technology companies and their advisers. Whether your company is established in Europe or thinking of establishing a presence there, LiveWire provides a more focused, flexible and up-to-date survey of European legal developments than traditional hard copy newsletters.http://www.nabarro.com/Downloads/8237-LiveWire---September-2008.pdfMon, 04 Aug 2008 00:00:00 GMThttp://www.nabarro.com/Downloads/8237-LiveWire---September-2008.pdfEfficient water management will be pivotal in helping the UK to mitigate and adapt to the social, economic and environmental effects of climate change. The implementation of new approaches to the treatment of wastewater on new developments can assist with accomplishing this aim although there are a number of challenges to be met along the way. One stems from the lack of clear regulatory guidance in this area.http://www.nabarro.com/Downloads/Sustainable-development---wastewater-treatment.pdfThu, 31 Jul 2008 00:00:00 GMThttp://www.nabarro.com/Downloads/Sustainable-development---wastewater-treatment.pdfThe Financial Services Authority has confirmed its promise to tackle complaints handling in the mortgage endowment industry by imposing a public censure on Mandrake Associates Limited for serious failings in the way it handled mortgage endowment complaints.http://www.nabarro.com/Downloads/complaints-handling-following-the-mandrake-decision-31-7-2008.pdfThu, 31 Jul 2008 00:00:00 GMThttp://www.nabarro.com/Downloads/complaints-handling-following-the-mandrake-decision-31-7-2008.pdfOver the past month the UK and US regulators have announced what many view to be emergency measures aimed at protecting banking institutions. Both measures address the issue of 'short selling', however, they do so in different ways.http://www.nabarro.com/Downloads/FSA-and-SEC-31-7-2008.pdfThu, 31 Jul 2008 00:00:00 GMThttp://www.nabarro.com/Downloads/FSA-and-SEC-31-7-2008.pdfHEADLINES Winding Up good practice guidelines published Pensions Bill further debate on moral hazard VAT no general exemption for trustees SIPPS and protected rights Additional Maternity Leave extension of rightshttp://www.nabarro.com/Downloads/Pensions-update-July-08.pdfWed, 30 Jul 2008 00:00:00 GMThttp://www.nabarro.com/Downloads/Pensions-update-July-08.pdfIn a landmark decision, the European Court of Justice (ECJ) has ruled that, in relation to direct disability discrimination and harassment, the European Equal Treatment Framework Directive (Framework Directive) protects against 'associative discrimination' (in other words, discrimination against a non-disabled person on grounds of his/her association with a disabled person). (Coleman -v- Attridge Law and Steve Law)http://www.nabarro.com/Downloads/Disability-discrimination-by-association.pdfWed, 30 Jul 2008 00:00:00 GMThttp://www.nabarro.com/Downloads/Disability-discrimination-by-association.pdfBanks should be focusing on the nature of their relationships with professional clients following last month's dismissal of a $700m case that Springwell Navigation Corporation brought against certain JPMorgan Chase group companies. The claim arose from losses that Springwell sustained to its investment portfolio in emerging markets, primarily high risk structured investments in Russian bonds.http://www.nabarro.com/Downloads/relationships-following-jp-morgan-v-springwell-29-7-2008.pdfTue, 29 Jul 2008 00:00:00 GMThttp://www.nabarro.com/Downloads/relationships-following-jp-morgan-v-springwell-29-7-2008.pdfDisputes vary greatly, but the value we deliver essentially remains the same - helping you ensure that the required solution is delivered on time and to budget, which in turn ensures that the credibility of project sponsors, project teams and management teams is maintained.http://www.nabarro.com/Downloads/8014a.pdfMon, 28 Jul 2008 00:00:00 GMThttp://www.nabarro.com/Downloads/8014a.pdfJust as we are getting used to the 2006 amendments to the public procurement rules, the rules relating to procurement challenges and remedies are about to change. The new Remedies Directive, which was adopted by Europe in January 2008, is the long-awaited final piece in the updating of the public procurement rules. The UK has 24 months to implement the Remedies Directive and it is expected to become law in the UK by December 2009. http://www.nabarro.com/Downloads/Public-procurement-remedies.pdfMon, 28 Jul 2008 00:00:00 GMThttp://www.nabarro.com/Downloads/Public-procurement-remedies.pdfThe Law Commission have recently published their consultation paper on proposed reforms to the law on administrative redress in public and private law. If taken forward, the suggested reforms (on which responses are invited) will have substantial impact on public bodies and their liabilities for bad administration.http://www.nabarro.com/Downloads/Law-Commission-consultation-paper-on-admin-redress.pdfMon, 28 Jul 2008 00:00:00 GMThttp://www.nabarro.com/Downloads/Law-Commission-consultation-paper-on-admin-redress.pdfWe enclose the latest edition of Brussels Update, a regular update on significant developments in EU law and policy and UK competition law prepared by the EU & Competition group. We hope that you will find it useful and informative. If you think this publication may be of interest to any of your colleagues or acquaintances, please feel free to forward it to them and we will be happy to add them to our mailing list.http://www.nabarro.com/Downloads/8211-Brussels-Update-21-July-2008.pdfTue, 22 Jul 2008 00:00:00 GMThttp://www.nabarro.com/Downloads/8211-Brussels-Update-21-July-2008.pdfOFGEM/BERR OFFSHORE ELECTRICITY TRANSMISSION POLICY UPDATE THIRD OFFSHORE WIND ROUND ANNOUNCED CERA REPORTS ON RISING OFFSHORE WIND FARM COSTS THE CITIWORKS CASE AND DECENTRALISED ENERGY FEED-IN TARIFFS UPDATE NUCLEAR UPDATE AVIATION AND EU ETShttp://www.nabarro.comhttp%3a%2f%2fwww.nabarro.com%2femailarticles%2fClimate_Change_and_Energy_Update_-_July_2008.htmlTue, 22 Jul 2008 00:00:00 GMThttp://www.nabarro.comhttp%3a%2f%2fwww.nabarro.com%2femailarticles%2fClimate_Change_and_Energy_Update_-_July_2008.htmlWelcome to the latest edition of Did you know that ...?, our regular briefing, which highlights key legal developments affecting companies and their advisers. We hope that you will find it useful and informative.http://www.nabarro.com/Downloads/8189-Did-you-know-July-2008.pdfMon, 21 Jul 2008 00:00:00 GMThttp://www.nabarro.com/Downloads/8189-Did-you-know-July-2008.pdfThe Companies Act 2006 (2006 Act) introduces a new statutory directors duty to avoid conflicts of interest. Section 175 of the 2006 Act, which comes into force on 1 October 2008, requires a director of a company to avoid a situation in which he has, or can have, a direct or indirect interest that conflicts, or possibly may conflict, with the interests of the company, unless the matter cannot reasonably be regarded as likely to give rise to a conflict.http://www.nabarro.com/Downloads/8138-Directors'-conflicts-getting-ready.pdfMon, 21 Jul 2008 00:00:00 GMThttp://www.nabarro.com/Downloads/8138-Directors'-conflicts-getting-ready.pdfThe UK's decision to stop examining trade marks on relative terms will force applicants to reconsider their policing and filing strategies in Europe. Jonathan Radcliffe and Eesheta Shah explain more.http://www.nabarro.com/Downloads/Revisit-your-trade-mark-policing-strategies.pdfMon, 21 Jul 2008 00:00:00 GMThttp://www.nabarro.com/Downloads/Revisit-your-trade-mark-policing-strategies.pdfA new consultation by HM Revenue and Customs (HMRC) may lead to tougher penalties on companies failing to make in year payments of Pay As You Earn (PAYE).http://www.nabarro.com/Downloads/HMRC-Consultation---Getting-tough-on--In-Year-PAYE.pdfFri, 18 Jul 2008 00:00:00 GMThttp://www.nabarro.com/Downloads/HMRC-Consultation---Getting-tough-on--In-Year-PAYE.pdfStatistical tables released by HM Revenue and Customs (HMRC) have confirmed an increase in the popularity of HMRC-approved all-employee incentive schemes and Enterprise Management Incentives but a decline in the popularity of HMRC-approved Company Share Option Plans.http://www.nabarro.com/Downloads/Recent-trends-in-HMRC-approved-employee-incentive-schemes.pdfFri, 18 Jul 2008 00:00:00 GMThttp://www.nabarro.com/Downloads/Recent-trends-in-HMRC-approved-employee-incentive-schemes.pdfOutsourcing is becoming increasingly common across Europe as a means of cost saving and improving performance by focussing on core activities.http://www.nabarro.com/Downloads/International-restructuring-and-outsourcing---labour-issues.pdfFri, 18 Jul 2008 00:00:00 GMThttp://www.nabarro.com/Downloads/International-restructuring-and-outsourcing---labour-issues.pdfThe Carbon Reduction Commitment is due to commence in January 2010. Is your organisation ready?http://www.nabarro.com/Downloads/Carbon-Reduction-Commitment---Is-your-organisation-ready.pdfThu, 17 Jul 2008 00:00:00 GMThttp://www.nabarro.com/Downloads/Carbon-Reduction-Commitment---Is-your-organisation-ready.pdfEnergy Performance Certificates will have a number of consequences for your business. Are you prepared?http://www.nabarro.com/Downloads/Energy-Performance-Certificates---Are-you-prepared.pdfThu, 17 Jul 2008 00:00:00 GMThttp://www.nabarro.com/Downloads/Energy-Performance-Certificates---Are-you-prepared.pdfOffshore Electricity Transmission - A Joint Ofgem BERR Regulatory Policy Update Consultation on the EU Commission's proposals to amend the EU ETS from 2013 Distributed Energy - Further Proposals for More Flexible Market and Licensing The Next Steps: EPCs and the establishment of the Green Homes Service Towards Carbon Capture and Storage Statutory Consultation on the Renewables Obligation Order 2009 UK Renewable Energy Strategy Social and environmental guidance to the gas and electricity markets authority http://www.nabarro.comhttp%3a%2f%2fwww.nabarro.com%2fServices-Sectors%2fIndustry_Sectors%2fClimate_Change_%26_Energy%2fConsultations.htmlThu, 17 Jul 2008 00:00:00 GMThttp://www.nabarro.comhttp%3a%2f%2fwww.nabarro.com%2fServices-Sectors%2fIndustry_Sectors%2fClimate_Change_%26_Energy%2fConsultations.htmlClimate Change Bill Energy Bill Nuclear White Paper Planning Bill Planning and Energy Private Members Bill EPB Regulations 2007 (as amended by the EPB Amendment Regulations 2007, the EPB Amendment No. 2 Regulations 2007 and the EPB Amendment Regulations 2008) Environmental Protection Act 1990 (Amendment) Bill 2007-08 http://www.nabarro.comhttp%3a%2f%2fwww.nabarro.com%2fServices-Sectors%2fIndustry_Sectors%2fClimate_Change_%26_Energy%2fLegislation_and_Regulation_update.htmlThu, 17 Jul 2008 00:00:00 GMThttp://www.nabarro.comhttp%3a%2f%2fwww.nabarro.com%2fServices-Sectors%2fIndustry_Sectors%2fClimate_Change_%26_Energy%2fLegislation_and_Regulation_update.htmlHEADLINES Young spouse reduction provision: age discrimination? Advocate-Generals Opinion Money laundering registration period: further reminder of extension period DWP risk sharing consultation Draft Pension Protection Fund (Miscellaneous Amendments) (No. 2) Regulations 2008 Financial assistance scheme: regulations Pension sharing: choice of benefits for pension credit members to be aligned with those of members of personal and occupational schemes Pensions Regulator publishes Q&AS for DC schemeshttp://www.nabarro.com/Downloads/8175-Pensions-update-June-2008.pdfWed, 09 Jul 2008 00:00:00 GMThttp://www.nabarro.com/Downloads/8175-Pensions-update-June-2008.pdfFor 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.pdfWed, 09 Jul 2008 00:00:00 GMThttp://www.nabarro.com/Downloads/Employee-Share-Plans.pdfIt is common for contracting parties to seek to limit their liabilities to each other. They do so to try to reduce their potential losses and to give certainty to their financial position in the event of a breach of contract. However, the law recognises that there is often an inequality of bargaining power between contracting parties and seeks, through the Unfair Contract Terms Act 1977 (UCTA), to prevent parties from attempting to exclude an unreasonable amount of liability. What is and is not reasonable has been the subject of much debate, but the recent Court of Appeal decision in Regus (UK) Limited -v- Epcot Solutions Limited has provided valuable insight into how the court might determine reasonableness going forward.http://www.nabarro.com/Downloads/Am-I-being-unreasonable.pdfTue, 08 Jul 2008 00:00:00 GMThttp://www.nabarro.com/Downloads/Am-I-being-unreasonable.pdfThe UK-REIT regime is set out in Part 4 of the Finance Act 2006 (as updated by the Finance Act 2007) and is supplemented by a number of regulations. It is also supported by guidance published by HM Revenue & Customs (HMRC). The regime for UK-REITs has been operational since 1 January 2007 and 18 listed UK property companies, including many of the largest property companies in the industry, have thus far converted to or listed with UK-REIT status. Entry to the regime is by notice to HMRC and does not necessitate a new form of corporate vehicle.http://www.nabarro.com/Downloads/How-to-Qualify-as-a-UK-REIT.pdfFri, 04 Jul 2008 00:00:00 GMThttp://www.nabarro.com/Downloads/How-to-Qualify-as-a-UK-REIT.pdfMichael Chilton gives an overview of assignment and novation and highlights some of the commercial implications for construction projects.http://www.nabarro.com/Downloads/pass-the-parcel.PDFTue, 01 Jul 2008 00:00:00 GMThttp://www.nabarro.com/Downloads/pass-the-parcel.PDFDecisions by contracting authorities are coming under closer scrutiny by the courts and unsuccessful tenderers.http://www.nabarro.com/Downloads/transparent-fair-and-equal-treatment.PDFTue, 01 Jul 2008 00:00:00 GMThttp://www.nabarro.com/Downloads/transparent-fair-and-equal-treatment.PDFWe enclose the latest edition of Brussels Update, a regular update on significant developments in EU law and policy and UK competition law prepared by the EU & Competition group. We hope that you will find it useful and informative. If you think this publication may be of interest to any of your colleagues or acquaintances, please feel free to forward it to them and we will be happy to add them to our mailing list.http://www.nabarro.com/Downloads/8174-Brussels-Update---1-July-2008.pdfMon, 30 Jun 2008 00:00:00 GMThttp://www.nabarro.com/Downloads/8174-Brussels-Update---1-July-2008.pdfWelcome to the first edition of Climate Change and Energy update. This newsletter summarises the developments over the last three months and going forward will provide a regular update on significant developments in climate change and energy law and policy. http://www.nabarro.comhttp%3a%2f%2fwww.nabarro.com%2fServices-Sectors%2fIndustry_Sectors%2fClimate_Change_%26_Energy%2fCCE_Update_June_2008.htmlFri, 27 Jun 2008 00:00:00 GMThttp://www.nabarro.comhttp%3a%2f%2fwww.nabarro.com%2fServices-Sectors%2fIndustry_Sectors%2fClimate_Change_%26_Energy%2fCCE_Update_June_2008.htmlThe provisions of the Finance Bill 2008 will, if enacted, make significant changes to the way in which employees who are resident but not ordinarily resident in the UK will be taxed in the UK. The changes include the introduction of an alternative basis of charge for tax purposes the remittance basis: This briefing reports on the impact of the changes in the context of employee share plans. http://www.nabarro.comhttp%3a%2f%2fwww.nabarro.com%2fHot_Topics%2fNon_Dom_Reforms_.htmlThu, 26 Jun 2008 00:00:00 GMThttp://www.nabarro.comhttp%3a%2f%2fwww.nabarro.com%2fHot_Topics%2fNon_Dom_Reforms_.htmlWelcome to the Midsummer edition of QuarterDay. Our Real Estate Dispute Resolution team will guide you through the latest legal developments in the sector.http://www.nabarro.com/Downloads/Quarter-Day-Issue-74.pdfTue, 24 Jun 2008 00:00:00 GMThttp://www.nabarro.com/Downloads/Quarter-Day-Issue-74.pdfFrom today, the Financial Services Authority's Code of Market Conduct requires disclosure of 'disclosable short position(s)' in stocks that are admitted to trading on prescribed markets of a company that undertakes a rights issue. According to the FSA, the reason for these new rules is to protect against a supposed increase in the potential for market abuse through short selling during a rights issue. It is unclear, however, as to how increased transparency (if this is what the new rules will be able to bring) will alleviate market abuse in this area. In the light of the troubled ongoing rights issues of both HBOS and Bradford & Bingley these rules seem more concerned with protecting the capital position of banks.http://www.nabarro.com/Downloads/new-short-selling-rules-20-6-2008.pdfFri, 20 Jun 2008 00:00:00 GMThttp://www.nabarro.com/Downloads/new-short-selling-rules-20-6-2008.pdfSignificant changes to the UK capital gains tax (CGT) regime were announced in the Pre-Budget Report in October 2007. Those changes will take effect when the Finance Bill 2008 receives Royal Assent, which is expected to be in July 2008. We highlight in this briefing the key features of the new CGT regime and some of the advantages and disadvantages of those features in the context of employee share plans. http://www.nabarro.comhttp%3a%2f%2fwww.nabarro.com%2fHot_Topics%2fCapital_Gains_Tax_Reforms.htmlFri, 20 Jun 2008 00:00:00 GMThttp://www.nabarro.comhttp%3a%2f%2fwww.nabarro.com%2fHot_Topics%2fCapital_Gains_Tax_Reforms.htmlWe enclose the latest edition of Brussels Update, a regular update on significant developments in EU law and policy and UK competition law prepared by the EU & Competition group. We hope that you will find it useful and informative. If you think this publication may be of interest to any of your colleagues or acquaintances, please feel free to forward it to them and we will be happy to add them to our mailing list.http://www.nabarro.com/Downloads/8136-Brussels-Update-6-June-2008.pdfFri, 06 Jun 2008 00:00:00 GMThttp://www.nabarro.com/Downloads/8136-Brussels-Update-6-June-2008.pdfDevelopers continuing the transformation of Sheffield's skyline have been warned to beware of new environmental regulations.http://www.nabarro.com/Downloads/waste-warning-for-developers.PDFSun, 01 Jun 2008 00:00:00 GMThttp://www.nabarro.com/Downloads/waste-warning-for-developers.PDFWe enclose the latest edition of Brussels Update, a regular update on significant developments in EU law and policy and UK competition law prepared by the EU & Competition group. We hope that you will find it useful and informative. If you think this publication may be of interest to any of your colleagues or acquaintances, please feel free to forward it to them and we will be happy to add them to our mailing list.http://www.nabarro.com/Downloads/8120-Brussels-Update-2-June-2008.pdfFri, 30 May 2008 00:00:00 GMThttp://www.nabarro.com/Downloads/8120-Brussels-Update-2-June-2008.pdfHEADLINES Conflicts of interest company law changes Regulator issues guidance for DC schemes Corporate trustees High Court confirms protection NAPF launches VAT case Personal pensions automatic enrolment from 2012 Further extension of money laundering registration period Eighth edition of the Pensions Law Handbook launchedhttp://www.nabarro.com/Downloads/8111-Pensions-update-May-2008.pdfTue, 27 May 2008 00:00:00 GMThttp://www.nabarro.com/Downloads/8111-Pensions-update-May-2008.pdfOn 1 January 2007, the UK launched the UK real estate investment trust (UK-REIT), a vehicle intended to introduce greater flexibility, liquidity and tax efficiency into the UK property sector and to boost the property investment market.http://www.nabarro.com/Downloads/7338-UK-REITS---A-guide-to-the-regime.pdfThu, 22 May 2008 00:00:00 GMThttp://www.nabarro.com/Downloads/7338-UK-REITS---A-guide-to-the-regime.pdfThere has been much speculation since the beginning of the UK-REIT regime as to whether, as stock market prices fluctuate, a UK-REIT may be taken over and broken up. Possible bidders could include a private equity vehicle, another REIT or another listed entity.http://www.nabarro.com/Downloads/UK-REITS-and-takeovers.PDFThu, 22 May 2008 00:00:00 GMThttp://www.nabarro.com/Downloads/UK-REITS-and-takeovers.PDF2005 sees an ever-increasing demand from investors for real estate funds. Luxembourg is the favoured domicile for vehicles holding pan-European real estate. For UK real estate investment, Jersey domiciled unit trusts acting as feeder funds into UK Limited Partnerships have become the vehicle of choice. Guernsey investment companies have also increased in popularity over the last 12 months. This guide gives a quick review of the most popular fund vehicles.http://www.nabarro.com/Downloads/7346-QRG.pdfThu, 22 May 2008 00:00:00 GMThttp://www.nabarro.com/Downloads/7346-QRG.pdfThis briefing outlines some of the recent changes and proposals for the taxation and regulation of real estate vehicles. REITs and PAIFs are just two examples of the continuing development of the sector.http://www.nabarro.com/Downloads/Funds-and-REITS-update.pdfThu, 22 May 2008 00:00:00 GMThttp://www.nabarro.com/Downloads/Funds-and-REITS-update.pdfThe government has published consultation on changes to the moral hazard powers of the Pensions Regulator. Some of these changes took effect from 14 April 2008, when an initial announcement was made. A statement has been issued by the Pensions Regulator limiting the retrospective application of the new provisions. The governments stated intention is to ensure that regulation keeps pace with innovation in the pensions market with a focus on business models which sever the link between the employer and the pension scheme and operate outside the Financial Services Authority. The proposals have caused great concern in the private equity and venture capital industry with suggestions that many deals have been put on hold because of fears of the extent of the new powers. We examine the proposals and the Regulators statement and comment on what effect the changes may have. http://www.nabarro.com/Downloads/8068-Moral-hazard-briefing.pdfTue, 20 May 2008 00:00:00 GMThttp://www.nabarro.com/Downloads/8068-Moral-hazard-briefing.pdfWe enclose the latest edition of Brussels Update, a regular update on significant developments in EU law and policy and UK competition law prepared by the EU & Competition group. We hope that you will find it useful and informative. If you think this publication may be of interest to any of your colleagues or acquaintances, please feel free to forward it to them and we will be happy to add them to our mailing list.http://www.nabarro.com/Downloads/8095-Brussels-Update-20-May-2008.pdfTue, 20 May 2008 00:00:00 GMThttp://www.nabarro.com/Downloads/8095-Brussels-Update-20-May-2008.pdfThe European Commissions recent White Paper on damages (published on 3rd April 2008), sets out a draft framework of rules for the enforcement of EC competition law in national courts. The aim of the paper is to ensure that companies have adequate redress in the courts for damage caused by anti-competitive behaviour and that there is sufficient incentive for them to start such actions. This briefing reviews the Commissions proposals and their implications for private anti-trusthttp://www.nabarro.com/Downloads/New-white-paper-on-damages-for-breach.pdfSun, 18 May 2008 00:00:00 GMThttp://www.nabarro.com/Downloads/New-white-paper-on-damages-for-breach.pdfCivil actions to recover damages for breach of UK and EC competition law are set to rise significantly in the next few years.http://www.nabarro.com/Downloads/Private-enforcement-of-competition.pdfFri, 16 May 2008 00:00:00 GMThttp://www.nabarro.com/Downloads/Private-enforcement-of-competition.pdfTo reflect the frequency with which data protection issues dominated the news headlines during 2007 we decided that this topical issue should form the focus of the April edition of Inform.http://www.nabarro.com/Downloads/Inform---issue-25.pdfWed, 07 May 2008 00:00:00 GMThttp://www.nabarro.com/Downloads/Inform---issue-25.pdfMichael Chilton looks at two-stage tendering and pre-construction agreements and discusses the traps for the unwary.http://www.nabarro.com/Downloads/timing-it-right.PDFThu, 01 May 2008 00:00:00 GMThttp://www.nabarro.com/Downloads/timing-it-right.PDFHEADLINES Moral hazard: proposed extension of Pensions Regulators powers Employer debt: further developments: further amending regulations, the Pensions Regulators interim updated guidance and withdrawal of GN19 PPF consultation on equalising benefits for GMPs Transfer values: amending regulations from 1 October 2008 ECJ decision: denying access to survivors benefits to same-sex registered partner may be directly discriminatory - Tadao Maruko v Versorgungsanstalt der deutschen Bϋhnen High Court approves purchase of insurance cover for trustees in scheme wind-up: NBPF Pension Trustees Ltd v Warnock-Smith Consultation on updating Myners principleshttp://www.nabarro.com/Downloads/8058-Pensions-Update-April-08.pdfWed, 30 Apr 2008 00:00:00 GMThttp://www.nabarro.com/Downloads/8058-Pensions-Update-April-08.pdfOn 17 April 2008, the Office of Fair Trading (OFT) announced that it had issued a Statement of Objections (SO) to 112 firms in the construction sector. The SO is a formal statement setting out the OFTs allegations of anti-competitive behaviour, in this case that the companies concerned have been engaged in colluding over tendering. The main allegation is that firms have been involved in cover pricing i.e. where one or more bidders collude during a tender procedure to deliberately offer a price that is too high to win the tender, whether to ensure that another bidder wins or to avoid being omitted from further tenders if no bid were submitted. The courts have confirmed that such practices are anti-competitive, since they lead to inflated prices.http://www.nabarro.com/Downloads/8061-Bid-Rigging-in-the-Construction-industry.pdfTue, 29 Apr 2008 00:00:00 GMThttp://www.nabarro.com/Downloads/8061-Bid-Rigging-in-the-Construction-industry.pdfThe Office of Fair Tradings (the OFT) ongoing investigation into bank charges raises important issues for many businesses that sell or supply goods or services to consumers using standard terms and conditions.http://www.nabarro.com/Downloads/Dangers-of-standard-terms-of-business.pdfTue, 22 Apr 2008 00:00:00 GMThttp://www.nabarro.com/Downloads/Dangers-of-standard-terms-of-business.pdfWe enclose the latest edition of Brussels Update, a regular update on significant developments in EU law and policy and UK competition law prepared by the EU & Competition group. We hope that you will find it useful and informative. If you think this publication may be of interest to any of your colleagues or acquaintances, please feel free to forward it to them and we will be happy to add them to our mailing list.http://www.nabarro.com/Downloads/8031-Brussels-Update-16-April-2008.pdfWed, 16 Apr 2008 00:00:00 GMThttp://www.nabarro.com/Downloads/8031-Brussels-Update-16-April-2008.pdfFrom 6 April 2008 the Mayor of London has had the power to determine planning applications that are of potential strategic importance in the Greater London area. How the Mayor will do this and the manner in which he does so could have a significant impact on the built and political environment.http://www.nabarro.com/Downloads/How-will-the-mayor-use-his-new-powers.pdfTue, 08 Apr 2008 00:00:00 GMThttp://www.nabarro.com/Downloads/How-will-the-mayor-use-his-new-powers.pdfWe enclose the latest edition of Brussels Update, a regular update on significant developments in EU law and policy and UK competition law prepared by the EU & Competition group. We hope that you will find it useful and informative. If you think this publication may be of interest to any of your colleagues or acquaintances, please feel free to forward it to them and we will be happy to add them to our mailing list.http://www.nabarro.com/Downloads/8007-Brussels-Update---31-March-2008.pdfMon, 31 Mar 2008 00:00:00 GMThttp://www.nabarro.com/Downloads/8007-Brussels-Update---31-March-2008.pdfHEADLINES Pension scheme trustees and money laundering: registration deadline extended Pensions Regulators revised clearance guidance Briefing: the Regulators draft conflicts of interest guidance Employer debt: new regulations from 6 April 2008 Amendments to the Age Regulations from 6 April 2008 Joint consultation on winding-up: Pensions Regulator, PPF and DWP Budget 2008 Financial Assistance Scheme: proposed fast-tracking of increased payments Execution of documents: Companies Act 2006http://www.nabarro.com/Downloads/8008-Pensions-Update-March-08.pdfMon, 31 Mar 2008 00:00:00 GMThttp://www.nabarro.com/Downloads/8008-Pensions-Update-March-08.pdfThe Pensions Regulator has published the final version of its revised clearance guidance, following consultation on the draft issued in September 2007 (see Pensions Update, September 2007), together with a consultation report. The revised guidance adopts a principles-based approach to clearance rather than the previous prescriptive basis. This change is intended to assist parties in assessing the real impact of the event on the scheme and is in our view to be welcomed. The guidance emphasises the need for trustees, employers and professional advisers to work together to recognise circumstances which could give rise to a clearance application and to take appropriate action.http://www.nabarro.com/Downloads/Pension-Regulators-revised-clearance-guidance.pdfFri, 28 Mar 2008 00:00:00 GMThttp://www.nabarro.com/Downloads/Pension-Regulators-revised-clearance-guidance.pdfThe Pensions Regulator has issued for consultation draft guidance for trustees of occupational schemes on identifying, monitoring and managing conflicts of interest. Whatever their current arrangements, most schemes are likely to need to make some changes, and all schemes will have to keep their arrangements continually under review.http://www.nabarro.com/Downloads/Pension-Regulators-revised-guidance-on-conflicts-of-interest.pdfFri, 28 Mar 2008 00:00:00 GMThttp://www.nabarro.com/Downloads/Pension-Regulators-revised-guidance-on-conflicts-of-interest.pdfWelcome to the Lady Day edition of QuarterDay. Our Real Estate Dispute Resolution team will guide you through the latest legal developments in the sector.http://www.nabarro.com/Downloads/Quarter-Day-Issue-73.pdfTue, 25 Mar 2008 00:00:00 GMThttp://www.nabarro.com/Downloads/Quarter-Day-Issue-73.pdfWelcome to the latest edition of Did you know that ...?, our regular briefing, which highlights key legal developments affecting companies and their advisers. We hope that you will find it useful and informative.http://www.nabarro.com/Downloads/8003-Did-you-know-April-2008.pdfFri, 21 Mar 2008 00:00:00 GMThttp://www.nabarro.com/Downloads/8003-Did-you-know-April-2008.pdfEPCs will have a number of business impacts - An EPC is required when you build, sell or rent a building. - First deadline is for property over 10,000m where contracts are to be exchanged (to sell or rent) on or after 6th April 2008. - Planning & preparation are crucial. There is a shortage of suitable assessors. - We recommend gathering plans, specifications & data about buildings in advance. - Landlords may be able to recover the cost of an EPC through the service charge.http://www.nabarro.com/Downloads/Energy-Performance-Certificates.pdfThu, 20 Mar 2008 00:00:00 GMThttp://www.nabarro.com/Downloads/Energy-Performance-Certificates.pdfWelcome to the latest edition of LiveWire, Nabarros email news update aimed at technology companies and their advisers. Whether your company is established in Europe or thinking of establishing a presence there, LiveWire provides a more focused, flexible and up-to-date survey of European legal developments than traditional hard copy newsletters.http://www.nabarro.com/Downloads/7989-LiveWire-30-March-2008.pdfWed, 19 Mar 2008 00:00:00 GMThttp://www.nabarro.com/Downloads/7989-LiveWire-30-March-2008.pdfThe rapid increase in regulation and the consequent increase in the exposure to reputational and regulatory risk is one of the biggest worries for companies today. Maximising awareness and minimising risk is therefore paramount.http://www.nabarro.com/Downloads/8144-Top-ten-tips-to-avoid-a-regulatory-crisis.pdfTue, 18 Mar 2008 00:00:00 GMThttp://www.nabarro.com/Downloads/8144-Top-ten-tips-to-avoid-a-regulatory-crisis.pdfMore than half of the respondents to our survey were not aware that their businesses were regulated by the Environment Agency, the Office of Fair Trading or the Pensions Regulator, despite the fact that all of these watchdogs have jurisdiction over every company operating in the UK.http://www.nabarro.com/Downloads/When-the-regulator-knocks.pdfMon, 17 Mar 2008 00:00:00 GMThttp://www.nabarro.com/Downloads/When-the-regulator-knocks.pdfWe enclose the latest edition of Brussels Update, a regular update on significant developments in EU law and policy and UK competition law prepared by the EU & Competition group. We hope that you will find it useful and informative. If you think this publication may be of interest to any of your colleagues or acquaintances, please feel free to forward it to them and we will be happy to add them to our mailing list.http://www.nabarro.com/Downloads/7981-Brussels-Update---12-March-2008.pdfWed, 12 Mar 2008 00:00:00 GMThttp://www.nabarro.com/Downloads/7981-Brussels-Update---12-March-2008.pdfGood news for users of the Community and UK trade mark systems: we report on three positive changes in practice.http://www.nabarro.com/Downloads/7944-UK-and-Community-Trade-Marks.pdfWed, 12 Mar 2008 00:00:00 GMThttp://www.nabarro.com/Downloads/7944-UK-and-Community-Trade-Marks.pdfMany readers will already be familiar with the concept of 'forum shopping' which has already existed, but which became more prevalent in the context of European insolvency and restructuring when the European Insolvency Regulation took effect in May 2002 (Council Regulation No. 1346/200). In other words, shopping around for the most favourable jurisdiction at the time one needs to open insolvency proceedings over a debtor. Recent years have seen this practice augmented into a more novel restructuring technique, better known as 'migration', which this article examines.http://www.nabarro.com/Downloads/European-Migration-Article.pdfMon, 10 Mar 2008 00:00:00 GMThttp://www.nabarro.com/Downloads/European-Migration-Article.pdfSince last years edition of Energy Update climate change and energy have continued to grab the headlines with many substantial developments through legislatory and policy changes, political drivers and technological advancement. As Alternative Energy is one of the central areas of our practice and issues about it are arising so quickly, this editorial covers a wide range of areas including updates on investment in low carbon technology, the challenges and barriers in reducing carbon in the UKs urban environments and the role of the ESCO in the energy market of the future.http://www.nabarro.com/Downloads/Energy-Update-Winter-2007.pdfFri, 07 Mar 2008 00:00:00 GMThttp://www.nabarro.com/Downloads/Energy-Update-Winter-2007.pdfIn the last decade, the number of commercial cases reaching the courts has plummeted and risk management has taken off as a discipline: 78% of organisations that we surveyed have a risk management policy. Disputes are nevertheless estimated to cost UK companies around 33 billion a year (source: CEDR estimates); taking up valuable management time and often seriously damaging morale and reputation. 89% of respondents to our survey say that damage to reputation is senior managements biggest worry.http://www.nabarro.com/Downloads/Controlling-conflict.pdfFri, 07 Mar 2008 00:00:00 GMThttp://www.nabarro.com/Downloads/Controlling-conflict.pdfIn our 2003 report on the current law and practice on diversity1, we predicted that UK organisations would become increasingly active in pursuing diversity initiatives.http://www.nabarro.com/Downloads/Perils-of-anti-discrimination-law.pdfTue, 04 Mar 2008 00:00:00 GMThttp://www.nabarro.com/Downloads/Perils-of-anti-discrimination-law.pdfHEADLINES Pension scheme trustees and money laundering Pensions Bill: new clauses Pensions Regulator publishes response to IDRP 'reasonable periods' consultation High Court ruling on winding-up priority order pre-April 2005 - Alexander Forbes Trustee Services Limited -v- Clarke Interpretation of contribution rule - basis of valuation - Alitalia-Linee Aeree Italiane SPA -v- Rotunno and others PPF levy 2008/09: filing reminder PPF consultation on changing valuation assumptions: fewer schemes likely to qualify for PPF entry Pensions Regulator: consultation on mortality assumptions - DB scheme funding Consultation by employers on scheme changes: a reminder LGPS: review of admitted body status - informal consultation HMRC issues STOP PRESS: Pensions Regulator consults on draft conflicts of interest guidancehttp://www.nabarro.com/Downloads/7953-Pensions-Update-Feb-2008.pdfMon, 03 Mar 2008 00:00:00 GMThttp://www.nabarro.com/Downloads/7953-Pensions-Update-Feb-2008.pdfWe enclose the latest edition of Brussels Update, a regular update on significant developments in EU law and policy and UK competition law prepared by the EU & Competition group. We hope that you will find it useful and informative. If you think this publication may be of interest to any of your colleagues or acquaintances, please feel free to forward it to them and we will be happy to add them to our mailing list.http://www.nabarro.com/Downloads/7949-Brussels-Update---27-February-2008.pdfTue, 26 Feb 2008 00:00:00 GMThttp://www.nabarro.com/Downloads/7949-Brussels-Update---27-February-2008.pdfThis document looks at the rules on financial promotions and marketing communications following the introduction of MiFID.http://www.nabarro.com/Downloads/Financial_communications_post_MiFID.pdfFri, 01 Feb 2008 00:00:00 GMThttp://www.nabarro.com/Downloads/Financial_communications_post_MiFID.pdfHEADLINES Correcting mistakes made even harder Smithson v Hamilton Role of actuary in scheme funding Allied Domecq Remedy for misquoted benefits Royal Mail v Gosling Time limits for mis-selling claims Shore v Sedgwick Ombudsmans approach to ill-health complaints Chittoo v BT Definition of employing authority in the LGPS South Tynesidehttp://www.nabarro.com/Downloads/7896-pensions-update-January-2008-caselaw-special.pdfWed, 30 Jan 2008 00:00:00 GMThttp://www.nabarro.com/Downloads/7896-pensions-update-January-2008-caselaw-special.pdfWith commentators predicting that the real impact of last summers credit crunch on corporate liquidations has yet to be felt, how can landlords and tenants of commercial properties prepare for a potential rise in the number of corporate insolvencies?http://www.nabarro.com/Downloads/7891-Dis-Res-briefing---Tough-times.pdfTue, 29 Jan 2008 00:00:00 GMThttp://www.nabarro.com/Downloads/7891-Dis-Res-briefing---Tough-times.pdfWe enclose the latest edition of Brussels Update, a regular update on significant developments in EU law and policy and UK competition law prepared by the EU & Competition group. We hope that you will find it useful and informative. If you think this publication may be of interest to any of your colleagues or acquaintances, please feel free to forward it to them and we will be happy to add them to our mailing list.http://www.nabarro.com/Downloads/7892-Brussels-Update---30-January-2008.pdfTue, 29 Jan 2008 00:00:00 GMThttp://www.nabarro.com/Downloads/7892-Brussels-Update---30-January-2008.pdfRevised limits to tribunal awards will take effect from 1 February 2008. The increase is designed to reflect changes to the retail price index for the period September 2006 2007.http://www.nabarro.com/Downloads/7859-Increase-to-Tribunal-Awards-Limits.pdfTue, 22 Jan 2008 00:00:00 GMThttp://www.nabarro.com/Downloads/7859-Increase-to-Tribunal-Awards-Limits.pdfA number of territories closely associated with the UK have taxation systems that make them particularly attractive for off-shore investments and for the collection of revenue streams from licensing activity.http://www.nabarro.com/Downloads/Trademarks-and-tax-havens.pdfWed, 16 Jan 2008 00:00:00 GMThttp://www.nabarro.com/Downloads/Trademarks-and-tax-havens.pdf'Writing this joint article, has not been easy,' commented IP lawyer Guy Heath and Marketer, Michael Peters OBE, chairman and executive creative Director, Identica. 'We thought at first that we were speaking a common language. We then discovered that we were divided by it.'http://www.nabarro.com/Downloads/3-dimensional-perspectives.pdfWed, 16 Jan 2008 00:00:00 GMThttp://www.nabarro.com/Downloads/3-dimensional-perspectives.pdfGordon Brown has put the need to bolster the UKs international competitiveness at the top of his economic agenda. As part of this he has said that 2008 will be a decisive year in long term changes to and reform of the planning system.http://www.nabarro.com/Downloads/Planning-briefing-8th-Jan.pdfTue, 08 Jan 2008 00:00:00 GMThttp://www.nabarro.com/Downloads/Planning-briefing-8th-Jan.pdfWe enclose the latest edition of Brussels Update, a regular update on significant developments in EU law and policy and UK competition law prepared by the EU & Competition group. We hope that you will find it useful and informative. If you think this publication may be of interest to any of your colleagues or acquaintances, please feel free to forward it to them and we will be happy to add them to our mailing list.http://www.nabarro.com/Downloads/Brussels-Update-3-Jan-08.pdfThu, 03 Jan 2008 00:00:00 GMThttp://www.nabarro.com/Downloads/Brussels-Update-3-Jan-08.pdfWelcome to the Christmas edition of QuarterDay. Our Real Estate Dispute Resolution team will guide you through the latest legal developments in the sector.http://www.nabarro.com/Downloads/Quarter-Day-Issue-72.pdfTue, 25 Dec 2007 00:00:00 GMThttp://www.nabarro.com/Downloads/Quarter-Day-Issue-72.pdfHEADLINES Pensions Bill Deregulatory Review: government response to consultation DWP consultation: allowing SIPPs to hold protected rights Financial Assistance Scheme to be extended Pensions Regulator launches online scheme return systemhttp://www.nabarro.com/Downloads/7832-Pensions-Update-December-2007.pdfThu, 20 Dec 2007 00:00:00 GMThttp://www.nabarro.com/Downloads/7832-Pensions-Update-December-2007.pdfWe enclose the latest edition of Brussels Update, a regular update on significant developments in EU law and policy and UK competition law prepared by the EU & Competition group. We hope that you will find it useful and informative. If you think this publication may be of interest to any of your colleagues or acquaintances, please feel free to forward it to them and we will be happy to add them to our mailing list.http://www.nabarro.com/Downloads/Brussels-Update-7-Dec-07.pdfFri, 07 Dec 2007 00:00:00 GMThttp://www.nabarro.com/Downloads/Brussels-Update-7-Dec-07.pdfVOL 1/NO.10 NOVEMBER 2007http://www.nabarro.com/Downloads/Senior-Management-Responsibility-Nov-2007.pdfFri, 30 Nov 2007 00:00:00 GMThttp://www.nabarro.com/Downloads/Senior-Management-Responsibility-Nov-2007.pdfWe enclose the latest edition of Brussels Update, a regular update on significant developments in EU law and policy and UK competition law prepared by the EU & Competition group. We hope that you will find it useful and informative. If you think this publication may be of interest to any of your colleagues or acquaintances, please feel free to forward it to them and we will be happy to add them to our mailing list.http://www.nabarro.com/Downloads/Brussels-Update-23-Nov-07.pdfFri, 23 Nov 2007 00:00:00 GMThttp://www.nabarro.com/Downloads/Brussels-Update-23-Nov-07.pdfDevelopers and local planning authorities (LPA) are already well aware of the need to prepare an Environmental Statement (ES), for planning applications for certain large schemes.http://www.nabarro.com/Downloads/Government-consultation-on-environmental-assessments.pdfTue, 20 Nov 2007 00:00:00 GMThttp://www.nabarro.com/Downloads/Government-consultation-on-environmental-assessments.pdfHEADLINES Consultation on dispute resolution procedures Financial Assistance Scheme more schemes to qualify NAPF publishes findings of Myners review Unsuccessful challenge to PPF levy Changes to terms following TUPE transfer rights of employees New transfer rules delayedhttp://www.nabarro.com/Downloads/Pensions-update-Nov-07.pdfSat, 17 Nov 2007 00:00:00 GMThttp://www.nabarro.com/Downloads/Pensions-update-Nov-07.pdfHazel Blears, the Communities Secretary, recently announced that Entec has been asked to review the planning system with the aim of enabling small businesses to install renewable energy microgeneration equipment without the need for obtaining planning permission. Specifically, Entecs brief is to look at the barriers that inhibit the installation of small-scale renewable and low carbon technology equipment and consider whether the installation of this technology could be considered permitted development.http://www.nabarro.com/Downloads/Review-of-planning-restrictions.pdfMon, 12 Nov 2007 00:00:00 GMThttp://www.nabarro.com/Downloads/Review-of-planning-restrictions.pdfWe enclose the latest edition of Brussels Update, a regular update on significant developments in EU law and policy and UK competition law prepared by the EU & Competition group. We hope that you will find it useful and informative. If you think this publication may be of interest to any of your colleagues or acquaintances, please feel free to forward it to them and we will be happy to add them to our mailing list.http://www.nabarro.com/Downloads/Brussels-Update-12-Nov-07.pdfMon, 12 Nov 2007 00:00:00 GMThttp://www.nabarro.com/Downloads/Brussels-Update-12-Nov-07.pdfWelcome to the latest edition of LiveWire, Nabarros email news update aimed at technology companies and their advisers. Whether your company is established in Europe or thinking of establishing a presence there, LiveWire provides a more focused, flexible and up-to-date survey of European legal developments than traditional hard copy newsletters.http://www.nabarro.com/Downloads/7751-LiveWire-October-2007.pdfMon, 29 Oct 2007 00:00:00 GMThttp://www.nabarro.com/Downloads/7751-LiveWire-October-2007.pdfTwo recent cases have highlighted the impact of a failure to follow a contractually agreed dispute resolution clause. In Douglas Harper -v- Interchange Group Ltd, the court gave a clear warning that such a failure could lead to a claim being barred by the courts. In contrast to the serious consequence in Douglas Harper, in Sunrock Aircraft Corporation -v- Scandanavian Airlines System Denmark-Norway-Sweden, the court showed that although, in theory, damages are available for breach of a dispute resolution clause, in practice the damages may be nominal.http://www.nabarro.com/Downloads/Dispute-Resolution-Clauses-October-2007.pdfWed, 24 Oct 2007 00:00:00 GMThttp://www.nabarro.com/Downloads/Dispute-Resolution-Clauses-October-2007.pdfWe enclose the latest edition of Brussels Update, a regular update on significant developments in EU law and policy and UK competition law prepared by the EU & Competition group. We hope that you will find it useful and informative. If you think this publication may be of interest to any of your colleagues or acquaintances, please feel free to forward it to them and we will be happy to add them to our mailing list.http://www.nabarro.com/Downloads/7739-Brussels-Update---19-October-2007.pdfFri, 19 Oct 2007 00:00:00 GMThttp://www.nabarro.com/Downloads/7739-Brussels-Update---19-October-2007.pdfThe recent European Court of First Instance decision in Akzo Nobel has reaffirmed that in-house legal counsel cannot claim legal professional privilege protection when under investigation by the European Commission.http://www.nabarro.com/Downloads/Inhouse-counsel.pdfThu, 18 Oct 2007 00:00:00 GMThttp://www.nabarro.com/Downloads/Inhouse-counsel.pdfHEADLINES Pre-budget report Age discrimination cases: Palacios (ECJ) and Bloxham v Freshfields (ET) Flexible retirement consultation Employer debt - proposed changes: clarification by DWP Pensions Regulators analysis of recovery plans HMRC Pensions Tax Simplification Newsletter 30http://www.nabarro.com/Downloads/7736-Pensions-update-Oct-07.pdfThu, 18 Oct 2007 00:00:00 GMThttp://www.nabarro.com/Downloads/7736-Pensions-update-Oct-07.pdfPublic procurement is a rapidly developing area of law and there is a growing body of case law and legislation, which governs public tendering procedures for contracts. This is the latest edition of our newsletter, which briefly summarises changes in law and policy, as well as procurement cases before the European Commission, the UK courts and the European Court of Justice.http://www.nabarro.com/Downloads/7728-Public-Procurement-Newsletter-Oct-2007.pdfTue, 16 Oct 2007 00:00:00 GMThttp://www.nabarro.com/Downloads/7728-Public-Procurement-Newsletter-Oct-2007.pdfWelcome to the early autumn edition of QuarterDay. Our Real Estate Dispute Resolution team will guide you through the latest legal developments in the sector.http://www.nabarro.com/Downloads/QD-71-Sep-07.pdfTue, 16 Oct 2007 00:00:00 GMThttp://www.nabarro.com/Downloads/QD-71-Sep-07.pdfWe enclose the latest edition of Brussels Update, a regular update on significant developments in EU law and policy and UK competition law prepared by the EU & Competition group. We hope that you will find it useful and informative. If you think this publication may be of interest to any of your colleagues or acquaintances, please feel free to forward it to them and we will be happy to add them to our mailing list.http://www.nabarro.com/Downloads/7720-BRUSSELS-UPDATE---1-OCTOBER-2007.pdfFri, 12 Oct 2007 00:00:00 GMThttp://www.nabarro.com/Downloads/7720-BRUSSELS-UPDATE---1-OCTOBER-2007.pdfComplaints are very few in number when compared with the number of houses built annually in the UK. This submission is set out under the following headings: Introduction About Nabarro Background Customer Protection Snags, Defects and Protection Genuine Claims Vexatious Claims Conclusion Recommendationshttp://www.nabarro.com/Downloads/Customer-satisfaction-in-the-UK-housebuilding-industry.pdfWed, 10 Oct 2007 00:00:00 GMThttp://www.nabarro.com/Downloads/Customer-satisfaction-in-the-UK-housebuilding-industry.pdfHEADLINES Regulator consults on revised clearance guidance Changes to the Financial Assistance Scheme Director indemnities a reminderhttp://www.nabarro.com/Downloads/7699-Pensions-update---Sept-2007.pdfWed, 26 Sep 2007 00:00:00 GMThttp://www.nabarro.com/Downloads/7699-Pensions-update---Sept-2007.pdfEnergy consumed in the urban environment accounts for such a high proportion of the UKs total greenhouse gas emissions that action to reduce the carbon impact of our towns and cities will be required for decades to come.http://www.nabarro.com/Downloads/Building-a-low-carbon-future.pdfTue, 25 Sep 2007 00:00:00 GMThttp://www.nabarro.com/Downloads/Building-a-low-carbon-future.pdfWe enclose the latest edition of Brussels Update, a regular update on significant developments in EU law and policy and UK competition law prepared by the EU & Competition group. We hope that you will find it useful and informative. If you think this publication may be of interest to any of your colleagues or acquaintances, please feel free to forward it to them and we will be happy to add them to our mailing list.http://www.nabarro.com/Downloads/BRUSSELS-UPDATE---20-September-2007.pdfFri, 21 Sep 2007 00:00:00 GMThttp://www.nabarro.com/Downloads/BRUSSELS-UPDATE---20-September-2007.pdfSeveral new pieces of legislation are due to come into force on 1 October 2007 which affect a broad range of employee rights. This alert highlights some of the key changeshttp://www.nabarro.com/Downloads/Employment-Alert---New-Laws-October-2007.pdfFri, 21 Sep 2007 00:00:00 GMThttp://www.nabarro.com/Downloads/Employment-Alert---New-Laws-October-2007.pdfThe European Commission secured a convincing victory on 17 September 2007 in the latest round of its long running anti-trust battle with Microsoft when the European Court of First Instance (CFI) upheld the Commissions earlier 2004 Decision and its record fine of 497m against Microsoft.http://www.nabarro.com/Downloads/Microsoft-loses-watershed-anti-trust-appeal.pdfWed, 19 Sep 2007 00:00:00 GMThttp://www.nabarro.com/Downloads/Microsoft-loses-watershed-anti-trust-appeal.pdfLoans and interest payments are a normal feature of modern business. The law on recovery of interest however has been slow to recognise this and until the recent House of Lords decision in Sempra Metals Limited v Inland Revenue Commissioners [2007] UKHL 34 (Sempra), it was difficult for a claimant to recover its interest losses caused by late payment of a debt, unless a specific contract term had that effect.http://www.nabarro.com/Downloads/House-of-Lords-shows-interest.pdfMon, 10 Sep 2007 00:00:00 GMThttp://www.nabarro.com/Downloads/House-of-Lords-shows-interest.pdfThe Code for Leasing Business Premises in England and Wales 2007 (the 'Code'), published in March by a property industry working group, sets out ten recommendations intended to promote fairness and flexibility in relation to the terms of commercial leases, the negotiation of them, and ongoing lease management matters. This is the 3rd edition of the Code.http://www.nabarro.com/Downloads/Lease-code-briefing.pdfWed, 05 Sep 2007 00:00:00 GMThttp://www.nabarro.com/Downloads/Lease-code-briefing.pdfThe Corporate Manslaughter and Corporate Homicide Act 2007 (the Act) received royal assent on 26 July 2007 after a long wait. Much of the recent delay was caused by Parliamentary debates on how the new offence will apply to the Government, specifically to people in custody. The new Act will come into force on 6 April 2008.http://www.nabarro.com/Downloads/Corporate-manslaughter---are-you-ready.pdfMon, 03 Sep 2007 00:00:00 GMThttp://www.nabarro.com/Downloads/Corporate-manslaughter---are-you-ready.pdfMartin McKervey, Partner in the Nabarro Construction and Engineering team, reviews how the construction industry continues to struggle with the concept of having a written contract and the implications of this. He considers how this affects options for dispute resolution, especially adjudication.http://www.nabarro.com/Downloads/7649-Protecting-your-interests.pdfSat, 01 Sep 2007 00:00:00 GMThttp://www.nabarro.com/Downloads/7649-Protecting-your-interests.pdfWe enclose the latest edition of Brussels Update, a regular update on significant developments in EU law and policy and UK competition law prepared by the EU & Competition group. We hope that you will find it useful and informative. If you think this publication may be of interest to any of your colleagues or acquaintances, please feel free to forward it to them and we will be happy to add them to our mailing list.http://www.nabarro.com/Downloads/7659-Brussels-Update---30-August-2007.pdfThu, 30 Aug 2007 00:00:00 GMThttp://www.nabarro.com/Downloads/7659-Brussels-Update---30-August-2007.pdfHEADLINES Pensions Act 2007 Employer debt - proposed changes Contribution refunds: payment of interest and investment growth may be unauthorised High Court reinforces need for amendments to be made in accordance with scheme rules Withdrawal of some GAD passports: Principal Civil Service Pension Scheme Summary funding statements: reminder HMRC e-filing: reminderhttp://www.nabarro.com/Downloads/7657-Pensions-update-Aug.pdfWed, 29 Aug 2007 00:00:00 GMThttp://www.nabarro.com/Downloads/7657-Pensions-update-Aug.pdfThe employer debt requirements of the Pensions Act 1995 are intended to ensure that employers stand behind the funding of their pension schemes. An employer in a multi-employer scheme is required to meet its share of any funding deficit where it ceases to have employees in a category of employment to which the scheme relates at a time other employers still have active members (an employment-cessation event). Significant payments can become due in corporate disposals; when an employer in a multi-employer scheme closed to new entrants ceases to have its final active member when other employers still have actives and also on internal re-organisations when all the employees from one subsidiary in a multi-employer schemes are transferred to another.http://www.nabarro.com/Downloads/7633-Pensions-briefing---Employer-debt.pdfFri, 10 Aug 2007 00:00:00 GMThttp://www.nabarro.com/Downloads/7633-Pensions-briefing---Employer-debt.pdfOn 19 July 2007 the Rating (Empty Properties) Act 2007 (the Act) received royal assent. The Act, a result of the Lyons enquiry into local government which found that the existence of these reliefs could weaken the incentive to make the best use of land and property, removes the 50% relief from business rates, where commercial property remains unoccupied for more than three months.http://www.nabarro.com/Downloads/A-rating-relief.pdfThu, 09 Aug 2007 00:00:00 GMThttp://www.nabarro.com/Downloads/A-rating-relief.pdfWe enclose the latest edition of Brussels Update, a regular update on significant developments in EU law and policy and UK competition law prepared by the EU & Competition group. We hope that you will find it useful and informative. If you think this publication may be of interest to any of your colleagues or acquaintances, please feel free to forward it to them and we will be happy to add them to our mailing list.http://www.nabarro.com/Downloads/7630-Brussels-Update---8-August-2007.pdfWed, 08 Aug 2007 00:00:00 GMThttp://www.nabarro.com/Downloads/7630-Brussels-Update---8-August-2007.pdfRELATIVE GROUNDS NOTIFICATIONS From 1 October 2007 the UK Intellectual Property Office (IPO) will no longer bar registration of trade marks on the basis of conflict with earlier applications or registrations. The IPO will instead send notifications of potential conflicts to the owners of these marks, and it will now be up to each owner to object to prevent registration. Notices will be sent free of charge to the owners of prior UK applications and registrations informing them of a potential conflict. However, the owners of Community Trade Marks (CTMs) are required to opt-in to this procedure, if desired.http://www.nabarro.com/Downloads/IP-Briefing---Decision-time-for-CTM-Owners-July-2007.pdfMon, 06 Aug 2007 00:00:00 GMThttp://www.nabarro.com/Downloads/IP-Briefing---Decision-time-for-CTM-Owners-July-2007.pdfThe Pensions Act 2007 received Royal Assent on 26 July 2007. It introduces important changes to contracting-out, as well as new flexibilities for dispute resolution procedures and changes to the Financial Assistance Scheme. The Act also establishes the Personal Accounts Delivery Authority, headed by Paul Myners, which is charged with putting the new Personal Accounts regime in place for 2012.http://www.nabarro.com/Downloads/7625-pensions-briefing.pdfThu, 02 Aug 2007 00:00:00 GMThttp://www.nabarro.com/Downloads/7625-pensions-briefing.pdfHEADLINES Appeal against first financial support direction Court of Appeal ruling on winding up priorities Pensions deregulatory review Local Government pensions broad comparability a statutory requirement New transfer regulations consultation publishedhttp://www.nabarro.com/Downloads/7618-Pensions-update-July-2007.pdfTue, 31 Jul 2007 00:00:00 GMThttp://www.nabarro.com/Downloads/7618-Pensions-update-July-2007.pdfIN SUMMARY - It is more than 5 years since the decision of the European Court of Justice in Davidoffhttp://www.nabarro.com/Downloads/Trademark-World-Jul-Aug-2007.pdfFri, 27 Jul 2007 00:00:00 GMThttp://www.nabarro.com/Downloads/Trademark-World-Jul-Aug-2007.pdfThe focus of the Summer 2007 edition of Inform is on recent case law and legislation which is likely to be of interest to our clients in the TMT sector.http://www.nabarro.com/Downloads/Inform-24-July-2007.pdfThu, 26 Jul 2007 00:00:00 GMThttp://www.nabarro.com/Downloads/Inform-24-July-2007.pdfCompanies often prefer to use agents rather than employees. Doing so can avoid the overheads associated with establishing a business and employing staff in multiple territories. However, when they wish to terminate agreements with those agents, it can be difficult to calculate the compensation payable to the agent under the relevant EC regulations. This can create uncertainty for principals and the opportunity for agents to drive a hard bargain.http://www.nabarro.com/Downloads/One-size-does-not-fit-all-for-agents-compensation.pdfThu, 26 Jul 2007 00:00:00 GMThttp://www.nabarro.com/Downloads/One-size-does-not-fit-all-for-agents-compensation.pdfWe enclose the latest edition of Brussels Update, a regular update on significant developments in EU law and policy and UK competition law prepared by the EU & Competition group. We hope that you will find it useful and informative. If you think this publication may be of interest to any of your colleagues or acquaintances, please feel free to forward it to them and we will be happy to add them to our mailing list.http://www.nabarro.com/Downloads/7611-Brussels-Update---26-July-2007.pdfWed, 25 Jul 2007 00:00:00 GMThttp://www.nabarro.com/Downloads/7611-Brussels-Update---26-July-2007.pdfWelcome to the latest edition of LiveWire, Nabarros email news update aimed at technology companies and their advisers. Whether your company is established in Europe or thinking of establishing a presence there, LiveWire provides a more focused, flexible and up-to-date survey of European legal developments than traditional hard copy newsletters.http://www.nabarro.com/Downloads/7608-LiveWire-28-July-2007.pdfFri, 20 Jul 2007 00:00:00 GMThttp://www.nabarro.com/Downloads/7608-LiveWire-28-July-2007.pdfWe enclose the latest edition of Brussels Update, a regular update on significant developments in EU law and policy and UK competition law prepared by the EU & Competition group. We hope that you will find it useful and informative. If you think this publication may be of interest to any of your colleagues or acquaintances, please feel free to forward it to them and we will be happy to add them to our mailing list.http://www.nabarro.com/Downloads/7603-Brussels-Update---13-July-2007.pdfThu, 12 Jul 2007 00:00:00 GMThttp://www.nabarro.com/Downloads/7603-Brussels-Update---13-July-2007.pdfA flurry of measures was announced at the second meeting of the High-Level Group on Financial Services, chaired by Lord Currie. Among these developments was, in the words of HM Treasury's press release, 'the launch of a prospectus setting up a new world-class International Centre for Financial Regulation in London to carry out research and offer training on international regulation with a view to influencing global regulatory developments'.http://www.nabarro.com/Downloads/The-International-Centre-for-Financial-Regulation-Rob-Moulton.pdfThu, 12 Jul 2007 00:00:00 GMThttp://www.nabarro.com/Downloads/The-International-Centre-for-Financial-Regulation-Rob-Moulton.pdf17 May saw the close of the pre-qualification process for those public and private sector organisations wishing to apply for Social Housing Grant (SHG) to subsidise the cost of building affordable homes under the Housing Corporations National Affordable Housing Programme (NAHP) for 2008-11.http://www.nabarro.com/Downloads/social-housing-grant.pdfWed, 11 Jul 2007 00:00:00 GMThttp://www.nabarro.com/Downloads/social-housing-grant.pdfWith alternative energy and low carbon energy issues becoming the hot topics in the press, media and within Whitehall and Brussels, this edition of Energy Update focuses on the Governments energy policy objectives and we ask whether these objectives are going far enough to securing the required outputs from suppliers and users of energy from whom they are expected. We also consider what are the policy drivers for local government in creating environmentally sustainable communities.http://www.nabarro.com/Downloads/Energy-Update-27-Summer-2006.pdfTue, 10 Jul 2007 00:00:00 GMThttp://www.nabarro.com/Downloads/Energy-Update-27-Summer-2006.pdfThe Freedom of Information Act 2000 has been in force in the UK for just over two years now and the ethos of disclosure is almost fully embedded within most public authorities - heightening concerns amongst businesses (particularly those involved in PFI/PPP deals) about the disclosure of commercially sensitive information to their competitors. Despite this, there always will remain circumstances where an authority can and will or should refuse to make a disclosure. The challenge is ensuring that the refusal is legitimate and carried out in full compliance with the Act.http://www.nabarro.com/Downloads/Freedom-of-information.pdfThu, 05 Jul 2007 00:00:00 GMThttp://www.nabarro.com/Downloads/Freedom-of-information.pdfIn this edition we look at the facts surrounding the judgment in the recent Powerhouse case and analyse the implications for Landlords. We also look at the issues considered by the High Court in the Walbrook -v- Liberty case on whether or not to allow a shopping centre landlord to restrain a tenant from maintaining displays in its shop front that might be considered indecent or offensive. http://www.nabarro.com/Downloads/Quarter-Day-70.pdfThu, 05 Jul 2007 00:00:00 GMThttp://www.nabarro.com/Downloads/Quarter-Day-70.pdfOn Friday, October 6, 2006, President Bush signed into law the Trademark Dilution Revision Act 2006, bringing the new law relating to dilution in the United States into immediate effect.http://www.nabarro.com/Downloads/Trademark-Dilution-Claims-Oct-2006.pdfTue, 03 Jul 2007 00:00:00 GMThttp://www.nabarro.com/Downloads/Trademark-Dilution-Claims-Oct-2006.pdfFollowing consultation, the UK Trade Marks Registry announced this month that it will drop relative grounds examination. From around October 2007, the UK Registry proposes to surrender part of its gatekeeper role, and use its prior rights search procedure merely to alert owners of earlier marks to potential conflicts.http://www.nabarro.com/Downloads/Need-to-know-about-TM-Opps-Aug-2006.pdfTue, 03 Jul 2007 00:00:00 GMThttp://www.nabarro.com/Downloads/Need-to-know-about-TM-Opps-Aug-2006.pdfWe enclose the latest edition of Brussels Update, a regular update on significant developments in EU law and policy and UK competition law prepared by the EU & Competition group. We hope that you will find it useful and informative. If you think this publication may be of interest to any of your colleagues or acquaintances, please feel free to forward it to them and we will be happy to add them to our mailing list.http://www.nabarro.com/Downloads/7587-Brussels-Update---25-June-2007.pdfMon, 02 Jul 2007 00:00:00 GMThttp://www.nabarro.com/Downloads/7587-Brussels-Update---25-June-2007.pdfFaith is the Church of England's stock in trade. But the C of E's recourse last week to copyright in its 'gunfight' battle with Sony epitomises a particular kind of faith - in the power of intellectual property (IP) laws. Clearly the Church is banking on the law's capacity to deal with moral or societal issues, at least where a private or institutional interest is directly challenged. Even Tony Blair gave the Church his backing when he told Parliament that there was a need for large organisations such as Sony to have both 'some sense of responsibility and some sensitivity to the feelings of communities'.http://www.nabarro.com/Downloads/Manchester-Cathedral.pdfFri, 29 Jun 2007 00:00:00 GMThttp://www.nabarro.com/Downloads/Manchester-Cathedral.pdfJonathan Radcliffe is a partner in the intellectual property group of Nabarro in London, England. He is also a columnist for the International Litigation column in The IP Litigator.http://www.nabarro.com/Downloads/Patent-Litigation-Procedure.pdfFri, 29 Jun 2007 00:00:00 GMThttp://www.nabarro.com/Downloads/Patent-Litigation-Procedure.pdfJonathan Radcliffe and Camilla Waite of Nabarro record another success for employers over the right to employees' inventions.http://www.nabarro.com/Downloads/Patent-World-June-2007.pdfFri, 29 Jun 2007 00:00:00 GMThttp://www.nabarro.com/Downloads/Patent-World-June-2007.pdfAs the EU expands, the number of oppositions to Community trade mark applications is on the rise. Guy Heath and Eesheta Shah argue that, to be successful, it is imperative that applicants know their enemy.http://www.nabarro.com/Downloads/Managing-IP-June-2006.pdfFri, 29 Jun 2007 00:00:00 GMThttp://www.nabarro.com/Downloads/Managing-IP-June-2006.pdfHEADLINES Finance Bill Pensions Bill Personal accounts White Paper: government response Thornton Review Cross-border schemes: revised Regulator guidance Withdrawal of GAD passports: further information MNT opt-outs: reminderhttp://www.nabarro.com/Downloads/7580-pensions-update-June-2007.pdfWed, 27 Jun 2007 00:00:00 GMThttp://www.nabarro.com/Downloads/7580-pensions-update-June-2007.pdfThis edition of the briefi ng is in two parts. In part one we will explore the strict Business Appointment Rules, which apply to employees and ex-employees of the UK Ministry of Defence (the MoD) seeking employment outside of the MoD or civil service and which were implemented to regulate the appointment of civil servants to posts in the private sector. In part two we will consider the effect of the MoDs recent amendments to the MoDs contracting conditions relating to third party intellectual property rights and how contractors and subcontractors are affected.http://www.nabarro.com/Downloads/Business-Appointment-Rules.pdfWed, 27 Jun 2007 00:00:00 GMThttp://www.nabarro.com/Downloads/Business-Appointment-Rules.pdfWith the increasing demand for public awareness of climate change and low carbon energy issues, this edition of Energy Update focuses on the policy drivers behind the latest energy developments and we ask whether these policies are going far enough to achieve the goals set out by the UK Government and the European Union.http://www.nabarro.com/Downloads/Energy-Update-Spring-2005.pdfWed, 27 Jun 2007 00:00:00 GMThttp://www.nabarro.com/Downloads/Energy-Update-Spring-2005.pdfWe enclose the latest edition of Brussels Update, a regular update on significant developments in EU law and policy and UK competition law prepared by the EU & Competition group. We hope that you will find it useful and informative. If you think this publication may be of interest to any of your colleagues or acquaintances, please feel free to forward it to them and we will be happy to add them to our mailing list.http://www.nabarro.com/Downloads/7563-Brussels-Update---12-June-2007.pdfMon, 11 Jun 2007 00:00:00 GMThttp://www.nabarro.com/Downloads/7563-Brussels-Update---12-June-2007.pdfMiFID forms a central element of the EUs highly ambitious Financial Services Action Plan. The sheer breadth and depth of its impact is unlike any change to financial services regulation that the UK has ever seen. All FSA-regulated firms will need to be aware of, and plan how to meet, the changes it will bring. This guide is intended to help Legal and Compliance Officers to do just that.http://www.nabarro.com/Downloads/7341-MIFID-Guide-June-07.pdfWed, 06 Jun 2007 00:00:00 GMThttp://www.nabarro.com/Downloads/7341-MIFID-Guide-June-07.pdfIn 1993 the Investment Services Directive introduced mutual recognition to the securities market.http://www.nabarro.com/Downloads/7334-Financial-Services-Reg.pdfWed, 06 Jun 2007 00:00:00 GMThttp://www.nabarro.com/Downloads/7334-Financial-Services-Reg.pdfWe enclose the latest edition of Brussels Update, a regular update on significant developments in EU law and policy and UK competition law prepared by the EU & Competition group. We hope that you will find it useful and informative. If you think this publication may be of interest to any of your colleagues or acquaintances, please feel free to forward it to them and we will be happy to add them to our mailing list.http://www.nabarro.com/Downloads/7548-Brussels-Update-5-June-2007.pdfMon, 04 Jun 2007 00:00:00 GMThttp://www.nabarro.com/Downloads/7548-Brussels-Update-5-June-2007.pdfHEADLINES GAD certificates no longer valid Regulator issues guidance on scheme abandonment Regulator consults on scheme governance Statement on clearance applications High Court rules on new funding regime Further extension of the Financial Assistance Schemehttp://www.nabarro.com/Downloads/7541-Pensions-Update-May-2007.pdfWed, 30 May 2007 00:00:00 GMThttp://www.nabarro.com/Downloads/7541-Pensions-Update-May-2007.pdfVOL 1/NO.5/MAY 2007http://www.nabarro.com/Downloads/Senior-Management-Responsibility-May-2007.pdfWed, 30 May 2007 00:00:00 GMThttp://www.nabarro.com/Downloads/Senior-Management-Responsibility-May-2007.pdfWe enclose the latest edition of Brussels Update, a regular update on significant developments in EU law and policy and UK competition law prepared by the EU & Competition group. We hope that you will find it useful and informative. If you think this publication may be of interest to any of your colleagues or acquaintances, please feel free to forward it to them and we will be happy to add them to our mailing list.http://www.nabarro.com/Downloads/7535-Brussels-Update---25-May-2007.pdfThu, 24 May 2007 00:00:00 GMThttp://www.nabarro.com/Downloads/7535-Brussels-Update---25-May-2007.pdfKEY ISSUES The White Paper identifies the following long term challenges to the planning system over the coming decades: Meeting the challenge of climate change Supporting sustainable economic development Increasing the supply of housing Protecting and enhancing the environment and natural resources Improving our local and national infrastructure Maintaining security of energy supplyhttp://www.nabarro.com/Downloads/Planning-for-a-sustainable-future-2.pdfWed, 23 May 2007 00:00:00 GMThttp://www.nabarro.com/Downloads/Planning-for-a-sustainable-future-2.pdfThe extent to which employers can monitor use of its telephone, email and internet services by its employees is a controversial issue. Monitoring is important for quality control, crime prevention, regulatory/ self-regulatory compliance and many employers are keen to appreciate the extent to which the services they provide are being used by their employees for personal use rather than work.http://www.nabarro.com/Downloads/Can-an-employer-play-Big-Brother.pdfWed, 16 May 2007 00:00:00 GMThttp://www.nabarro.com/Downloads/Can-an-employer-play-Big-Brother.pdfIts odd, says Steven Williams, but even though PFI schemes are invariably complicated and expensive, few seem to end up in court. So why is that? And how long will it last?http://www.nabarro.com/Downloads/Its-quiet-but-is-it-too-quiet.pdfTue, 15 May 2007 00:00:00 GMThttp://www.nabarro.com/Downloads/Its-quiet-but-is-it-too-quiet.pdfOn 6 April 2007, the Construction (Design and Management) Regulations 2007 (2007 Regulations) replaced both the Construction (Design and Management) Regulations 1994 and the Construction (Health, Safety and Welfare) Regulations 1996.http://www.nabarro.com/Downloads/new-CDM-Regulations-2007.pdfTue, 15 May 2007 00:00:00 GMThttp://www.nabarro.com/Downloads/new-CDM-Regulations-2007.pdfOn 3 May 2007, an international cartel investigation was launched following the arrest of eight executives in the United States. The investigation involved co-ordinated dawn raids between a number of competition authorities, including the US Department of Justice (the DoJ), the European Commission (the Commission); and the UK Office of Fair Trading (the OFT). This is the first time in which the UK, EU and US competition authorities have launched parallel cartel investigations, and demonstrates the increasingly close co-operation in international competition law enforcement.http://www.nabarro.com/Downloads/marine-hoses.pdfMon, 14 May 2007 00:00:00 GMThttp://www.nabarro.com/Downloads/marine-hoses.pdf992 MILLION FINE IMPOSED BY THE EUROPEAN COMMISSION ON LIFT AND ESCALATOR MANUFACTURERShttp://www.nabarro.com/Downloads/Lifts-cartel.pdfMon, 14 May 2007 00:00:00 GMThttp://www.nabarro.com/Downloads/Lifts-cartel.pdfWelcome to the latest edition of Did you know that ...?, our regular briefing, which highlights key legal developments affecting companies and their advisers. We hope that you will find it useful and informative.http://www.nabarro.com/Downloads/7520.pdfMon, 14 May 2007 00:00:00 GMThttp://www.nabarro.com/Downloads/7520.pdfThe Health Act 2006, which amongst other things will prohibit smoking in public and work places and vehicles, will become law from 1 July 2007. Under the Act and subsidiary Regulations, smoking tobacco, anything that contains tobacco or any other substance will be prohibited in 'enclosed', and 'substantially enclosed' premises.http://www.nabarro.com/Downloads/Employment---Smoking-ban.pdfWed, 09 May 2007 00:00:00 GMThttp://www.nabarro.com/Downloads/Employment---Smoking-ban.pdfJust as we were starting to get our heads around the new competitive dialogue procedure, HM Treasury issued new draft outline guidance for PFI projects on Preferred Bidder Debt Funding Competitions on 1 August 2006. The new guidance states that the preferred bidder debt funding competition (PBDFC) will be the default option where private finance is being secured on projects.http://www.nabarro.com/Downloads/Debt-funding-competitions-under-the-competitive-dialogue.pdfFri, 04 May 2007 00:00:00 GMThttp://www.nabarro.com/Downloads/Debt-funding-competitions-under-the-competitive-dialogue.pdfWe enclose the latest edition of Brussels Update, a regular update on significant developments in EU law and policy and UK competition law prepared by the EU & Competition group. We hope that you will find it useful and informative. If you think this publication may be of interest to any of your colleagues or acquaintances, please feel free to forward it to them and we will be happy to add them to our mailing list.http://www.nabarro.com/Downloads/Brussels-Update---26-April-2007.pdfTue, 01 May 2007 00:00:00 GMThttp://www.nabarro.com/Downloads/Brussels-Update---26-April-2007.pdfA Government review has recommended wide ranging changes in workplace processes, employment law and disputes resolution.http://www.nabarro.com/Downloads/Statutory-Dispute-Resolution-Procedures.pdfTue, 01 May 2007 00:00:00 GMThttp://www.nabarro.com/Downloads/Statutory-Dispute-Resolution-Procedures.pdfWhen a key employee decides to leave, the employer will often wish them well and then check whether the employee intends to set up in competition. Harsh as it might sound, former employees setting up in competition can be a major headache and employers need to know to what extent they can be restrained.http://www.nabarro.com/Downloads/Home-grown-competition.pdfTue, 01 May 2007 00:00:00 GMThttp://www.nabarro.com/Downloads/Home-grown-competition.pdfLondon has long been regarded as a centre for international commercial arbitration due, in some part, to the independence given to arbitrators to do their job with minimal court intervention. Recent case law has strengthened that reputation through the Court of Appeal's ruling in the case of Fiona Trust and Holding Corpn and others -v- Privalov and others [2007] EWCA Civ 20, in which the court held that, in deciding whether or not a dispute comes within the ambit of a contractual arbitration clause, the clause should be 'construed liberally'. The Court of Appeal further held that, where there is a contract containing an arbitration clause, and one party purports to rescind that contract on the grounds of the other party's bribery or fraud, the arbitration clause should be treated as a separate agreement from the main contract and, therefore, remain valid and effective. The arbitration clause should only be treated as being invalid where there is evidence that the bribery or fraud was used to procure the clause itself.http://www.nabarro.com/Downloads/Arbitration-has-its-day-in-court-and-wins.pdfTue, 01 May 2007 00:00:00 GMThttp://www.nabarro.com/Downloads/Arbitration-has-its-day-in-court-and-wins.pdfREITs became a reality this month, and they are about to become a force in the property development world. But what do they mean for the firms that work with them?http://www.nabarro.com/Downloads/What-REITs-mean-for-you.pdfTue, 01 May 2007 00:00:00 GMThttp://www.nabarro.com/Downloads/What-REITs-mean-for-you.pdfHeadlines FINANCE BILL 2007 EMPLOYERS CONTRIBUTIONS TO REGISTERED PENSION SCHEMES: HMRC GUIDANCE FINALISED CONSULTATION BY EMPLOYERS: A REMINDER DISCRETION AS TO RECIPIENT OF LUMP SUM DEATH BENEFIT: OMBUDSMAN RULES ON DUTY TO MAKE ENQUIRIEShttp://www.nabarro.com/Downloads/Pensions-Update-April-2007.pdfThu, 26 Apr 2007 00:00:00 GMThttp://www.nabarro.com/Downloads/Pensions-Update-April-2007.pdfIn a relatively quiet budget for pension schemes, the stand out announcement is that the Financial Assistance Scheme (FAS) is to be extended to all members of qualifying schemes, bringing the total reported cost to 8 billion.http://www.nabarro.com/Downloads/Pensions-Budget-2007.pdfWed, 25 Apr 2007 00:00:00 GMThttp://www.nabarro.com/Downloads/Pensions-Budget-2007.pdfIn March this year, the Court of Appeal upheld the High Court's decision in Scottish & Newcastle Plc -v- Raguz. The decision has surprising implications for those that are seeking to recover monies from former tenants or for those that have suffered by having action taken against them for the recovery of backdated rent and/or balancing service charges.http://www.nabarro.com/Downloads/Raguz.pdfWed, 25 Apr 2007 00:00:00 GMThttp://www.nabarro.com/Downloads/Raguz.pdfWelcome to the latest edition of Did you know that ...?, our regular briefing, which highlights key legal developments affecting companies and their advisers. We hope that you will find it useful and informative.http://www.nabarro.com/Downloads/Did-you-know-17-Apr-2007.pdfMon, 23 Apr 2007 00:00:00 GMThttp://www.nabarro.com/Downloads/Did-you-know-17-Apr-2007.pdfOn 6 April 2007 a new construction industry tax scheme came into force. We set out below a short introduction to the scheme together with a summary of the key changes.http://www.nabarro.com/Downloads/new-construction-industry-scheme.pdfSun, 15 Apr 2007 00:00:00 GMThttp://www.nabarro.com/Downloads/new-construction-industry-scheme.pdfWe enclose the latest edition of Brussels Update, a regular update on significant developments in EU law and policy and UK competition law prepared by the EU & Competition group. We hope that you will find it useful and informative. If you think this publication may be of interest to any of your colleagues or acquaintances, please feel free to forward it to them and we will be happy to add them to our mailing list.http://www.nabarro.com/Downloads/Brussels-Update-4-April-2007.pdfThu, 12 Apr 2007 00:00:00 GMThttp://www.nabarro.com/Downloads/Brussels-Update-4-April-2007.pdfThis is an overview of the essentials of this regime for Official List and AIM companies and investors in their shares. These notes focus on Official List and AIM companies incorporated in the UK and not having securities traded elsewhere.http://www.nabarro.com/Downloads/Major-shareholding-note-Official-List-and-AIM-2.pdfTue, 10 Apr 2007 00:00:00 GMThttp://www.nabarro.com/Downloads/Major-shareholding-note-Official-List-and-AIM-2.pdfHeadlines BUDGET RECAP ESTABLISHING A PERSONAL PENSION SCHEME HMRC PUBLISHES GUIDANCE ON ERRORS DEREGULATORY REVIEW WHATS IN STORE? CROSS BORDER SCHEMES AMENDING REGULATIONS COMPANIES ACT 2006 TIMETABLE PUBLISHEDhttp://www.nabarro.com/Downloads/PU-Easter-2007.pdfTue, 10 Apr 2007 00:00:00 GMThttp://www.nabarro.com/Downloads/PU-Easter-2007.pdfWelcome to the latest edition of LiveWire, Nabarros email news update aimed at technology companies and their advisers. Whether your company is established in Europe or thinking of establishing a presence there, LiveWire provides a more focused, flexible and up-to-date survey of European legal developments than traditional hard copy newsletters.http://www.nabarro.com/Downloads/LiveWire-April-2007.pdfTue, 10 Apr 2007 00:00:00 GMThttp://www.nabarro.com/Downloads/LiveWire-April-2007.pdfWe enclose the latest edition of Brussels Update, a regular update on significant developments in EU law and policy and UK competition law prepared by the EU & Competition group. We hope that you will find it useful and informative. If you think this publication may be of interest to any of your colleagues or acquaintances, please feel free to forward it to them and we will be happy to add them to our mailing list.http://www.nabarro.com/Downloads/Brussels-Update-15-March-2007.pdfWed, 04 Apr 2007 00:00:00 GMThttp://www.nabarro.com/Downloads/Brussels-Update-15-March-2007.pdfUK investment into Europe is booming. In the first half of 2006 UK investors spent around 6bn (4.09bn) on real estate in mainland Europe. This compares with investments of around 1.5bn (1.02bn) for the same period a year earlier and 4bn (2.72bn) in the last six months of 2005.http://www.nabarro.com/Downloads/Going-native-article-rpa.pdfTue, 03 Apr 2007 00:00:00 GMThttp://www.nabarro.com/Downloads/Going-native-article-rpa.pdfA solicitors letter, simply requesting the landowners solicitors bank details, was held to be a valid notice extending an option period by a further fi ve years; even though the developers solicitors never intended the letter to be a notice extending the option period; even though formal board authority for the extension was yet to be given by the developer; and even though payment of the additional 20,000 due to the landowner was not made before the expiry of the initial option period. The High Courts recent decision in Rennie -v- Westbury Homes (Holdings) Ltd [2007] EWHC 164 (February 2007) applies the well known House of Lord case of Mannai Investment Co Limited -v- Eagle Star Life Assurance Co Ltd [1997] AC 749 with perhaps a surprising result.http://www.nabarro.com/Downloads/7427-Quarter-Day-69.pdfThu, 22 Mar 2007 00:00:00 GMThttp://www.nabarro.com/Downloads/7427-Quarter-Day-69.pdf2007 sees the launch of the UK-REIT. German and Italian REITs are set to follow. REITs have become a global phenomenon. However, whilst there are many similarities the structures and regimes differ from country to country. This guide gives a quick review of four of them.http://www.nabarro.com/Downloads/7352What-is-a-reit.pdfTue, 27 Feb 2007 00:00:00 GMThttp://www.nabarro.com/Downloads/7352What-is-a-reit.pdfFrom 1 December 2006, employers must ensure that pension provision for their employees does not breach age discrimination requirements. The Nabarro Pensions team is here to guide you through the minefield of the new legislation.http://www.nabarro.com/Downloads/7332Pensions-Age-Discrimination.pdfTue, 27 Feb 2007 00:00:00 GMThttp://www.nabarro.com/Downloads/7332Pensions-Age-Discrimination.pdfThere are now over 2,400 companies whose shares have been admitted to trading on AIM, the secondary market operated by the London Stock Exchange.http://www.nabarro.com/Downloads/7328Corporate-Equity-Capital-Markets2.pdfTue, 27 Feb 2007 00:00:00 GMThttp://www.nabarro.com/Downloads/7328Corporate-Equity-Capital-Markets2.pdfContracting with the MoD can often be seen as a confusing process. This briefing explores how MoD contracts, which have not been competitively tendered, limit contractors profits and losses.http://www.nabarro.com/Downloads/7330-Corporate-Commercial-Contracts.pdfTue, 27 Feb 2007 00:00:00 GMThttp://www.nabarro.com/Downloads/7330-Corporate-Commercial-Contracts.pdfThe Companies Act 2006 substantially rewrites UK company law. The Act is intended to simplify and improve the current regime but is extensive in its scope and introduces many changes and additional requirements.http://www.nabarro.com/Downloads/7331-Corporate-Equity-Capital-Markets.pdfTue, 27 Feb 2007 00:00:00 GMThttp://www.nabarro.com/Downloads/7331-Corporate-Equity-Capital-Markets.pdfNabarro ist seit ber 40 Jahren einer der berragenden Rechtsberater von Grossanlegern im Immobilienmarkt.http://www.nabarro.com/Downloads/7350-German2.pdfTue, 27 Feb 2007 00:00:00 GMThttp://www.nabarro.com/Downloads/7350-German2.pdfNabarro has been one of the UKs pre-eminent providers of legal advice to major real estate investors for the last 40 years.http://www.nabarro.com/Downloads/7349-Specialists-in-advising-German-investors-in-the-UK-property-market.pdfMon, 26 Feb 2007 00:00:00 GMThttp://www.nabarro.com/Downloads/7349-Specialists-in-advising-German-investors-in-the-UK-property-market.pdfOn 1 January 2007, the UK launched its new investment vehicle: the UK real estate investment trust (UK-REIT). The vehicle is intended to introduce greater flexibility, liquidity and tax efficiency into the UK commercial property sector.http://www.nabarro.com/Downloads/7338-UK-Real-Estate-Investment-Trusts-A-guide-to-the-legislation.pdfMon, 26 Feb 2007 00:00:00 GMThttp://www.nabarro.com/Downloads/7338-UK-Real-Estate-Investment-Trusts-A-guide-to-the-legislation.pdfThe Government published on 16 March 2005 a discussion paper on UK REITs, along with a summary of responses to the Budget 2004 consultation.http://www.nabarro.com/Downloads/7336-UK-Real-Estate-Investment-Trusts.pdfMon, 26 Feb 2007 00:00:00 GMThttp://www.nabarro.com/Downloads/7336-UK-Real-Estate-Investment-Trusts.pdfMieteinnahmen einer britischen Niederlassung oder Vertretung eines auslndischen gewerblichen Investors aus Immobilieneigentum in Grobritannien unterliegen einer Krperschaftssteuer von 30%.http://www.nabarro.com/Downloads/7344-German-briefing.pdfMon, 26 Feb 2007 00:00:00 GMThttp://www.nabarro.com/Downloads/7344-German-briefing.pdfCommonhold, a special new kind of freehold, was introduced into England and Wales on 27 September 2004. It is similar to the long established strata title in Australia and condominium schemes in the USA.http://www.nabarro.com/Downloads/7339-Mixed-Use---Commonhold.pdfSat, 24 Feb 2007 00:00:00 GMThttp://www.nabarro.com/Downloads/7339-Mixed-Use---Commonhold.pdfIt has come as a surprise to this commentator that the Markets in Financial Instruments Directive proposals on best execution have proved to be so controversial. Many of the MiFID best execution provisions are in line with those that the Financial Services Authority proposed in 2002, before shelving these pending the implementation of MiFID. Perhaps because that debate was unresolved, best execution is again central to discussions about the impact that MiFID will have upon buy and sell side firms. This article considers how this has come about, and what firms should be doing.http://www.nabarro.com/Downloads/MiFID-analysis-The-best-execution-debate-controvery-and-clarity-Rob-Moulton.pdfWed, 07 Feb 2007 00:00:00 GMThttp://www.nabarro.com/Downloads/MiFID-analysis-The-best-execution-debate-controvery-and-clarity-Rob-Moulton.pdfThe question of how should European financial institutions should be regulated has received an increasing amount of attention over the last year. On November 25, John Tiner, chief executive of the Financial Services Authority, weighed in with his view in a speech to the (possibly sceptical) French Chamber of Commerce. Several important regulatory institutions have been trying to drive this debate, and although changes can only happen in the long-term, if firms are to have any influence they will need to have a 'house view' in the near future.http://www.nabarro.com/Downloads/The-FSA-view-on-the-future-of-European-financial-regulation-why-it-matters-to-your-firm-Rob-Moulton.pdfMon, 19 Dec 2005 00:00:00 GMThttp://www.nabarro.com/Downloads/The-FSA-view-on-the-future-of-European-financial-regulation-why-it-matters-to-your-firm-Rob-Moulton.pdf