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18 June 2020
Future Cities Series: How planning and zoning rules can be used to incentivise post-Covid development in cities
The Covid-19 pandemic has spread rapidly in densely populated cities, with typically only three to four weeks between the first fatality and the initial peak of infections. Like all unwanted guests, it will depart more slowly. As the health crisis begins to recede, we are facing months of continued...
18 June 2020
Future Cities Series: Change in direction or full speed ahead for the transport industry?
Modern transport has allowed us to travel further and faster, and in much greater numbers. It has shaped where we live, how we work and how we have fun. Developments in transport usage have in turn been shaped by external drivers; technological innovation, economic developments, government...
18 June 2020
Future Cities Series: Prioritising and funding sustainable infrastructure in a post-Covid era
In response to Covid-19 governments across the world have made drastic interventions in order to protect public health. Lockdowns and other social isolation requirements have shut down large parts of national economies. For now at least, planes are grounded, global demand for energy has plunged and...
09 June 2020
Governance: Corporate Insolvency and Governance Bill: impact on supply chains and their customers (UK)
Update ; The Corporate Insolvency and Governance Act 2020 commenced into effect on 26 June 2020. While the final provisions of the Act largely reflected the drafting of the original Bill, certain amendments were made including to: (i) improve the information available to certain pensions creditors...
10 December 2019
The ACCC pilots its first ‘effect test’ in misuse of market power proceedings
On 6 December 2019, the ACCC launched its first enforcement proceedings under the new ‘effects test’ prohibition on misuse of market power. The proceedings will provide much needed guidance as to how the much-debated ‘effects test’ will apply to unilateral conduct. It is noteworthy that the two...
26 July 2018
Green light for new Automated and Electric Vehicles Act
On 19 July 2018, the Automated and Electric Vehicles Bill received Royal Assent and became an Act of Parliament. The new Automated and Electric Vehicles Act represents the first legislative step towards the UK Government's aim of establishing the UK as a world leader in the development and...
21 May 2018
Middle East anti-corruption regulations legal guide 2018
The Middle East region presents various anti-corruption challenges for businesses. These include difficulty in identifying politically exposed persons, prevalence of intermediaries in the conduct of business relationships and a widespread difficulty in accessing company ownership and financial...
09 March 2018
SPAIN'S NEW PUBLIC PROCUREMENT LAW ENTERS INTO FORCE
Today sees the entry into force of practically all provisions of Law 9/2017, of 8 November 2017, on Public Procurement, which transposes Directives 2014/23/EU and 2014/24/EU of the European Parliament and of the Council, of 26 February 2014, into Spanish law.
06 December 2017
CJEU ruling in Coty – greater online protection for luxury goods suppliers
In its hotly anticipated ruling in the Coty case , the Court of Justice of the EU (CJEU) has held today that, in the context of a selective distribution system, a restriction imposed on an authorised retailer not to sell the goods through online third-party platforms does not infringe Article 101(1...
20 November 2017
The 10 main new features of Spain's new public procurement law
Finally, on 9 November, Spain's Official State Journal (Boletín Oficial del Estado, or " BOE ") published Public Procurement Law 9/2017, of 8 November 2017, which transposes into Spanish law the Directives of the European Parliament and Council 2014/23/EU and 2014/24/EU, of 26 February 2014.
02 November 2017
Spain approves a new Spanish public procurement law
On Thursday 19 October, Spanish Congress approved a new Public Procurement Law, although it is still pending publication in Spain's Official State Journal (BOE). This law transposes European public procurement directives into Spanish legislation, in particular Directive 2014/24/EU of the European...
18 October 2017
UK Government consults on proposals to expand national security review of foreign investments beyond current merger control regime
On 17 October 2017 the Department for Business, Energy & Industrial Strategy ( BEIS ) published its long-awaited Green Paper National Security and Infrastructure Investment Review for consultation. The Green Paper contains proposals to extend the UK merger control public interest intervention...
22 August 2017
Amendments to the Heavy Vehicle National Laws: Simplifying the law, increasing the penalties
There are upcoming changes to the Heavy Vehicle National Law ( HVNL ) which will affect all businesses which touch upon or deal with the road transport industry. The changes have been brought about to lessen ‘prescription’ in the laws, impose ‘risk-based’ duties, increase consistency with the Model...
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22 January 2021
Policyholders defeat insurers’ appeal in UK FCA test case on cover for COVID-19 business interruption losses
The momentum in favour of policyholders seeking BI cover for COVID-19 related losses continues as the English Supreme Court has unanimously dismissed the insurers’ appeal against the original judgment which was largely favourable to policyholders.
21 January 2021
Proposals by the Indian Ministry of Corporate Affairs for a new Prepackaged Insolvency Resolution Process
Background and purpose of the proposals On 8 th January proposals for a new ‘Prepackaged Insolvency Resolution Process’ ("PIRP") were issued by the Indian Ministry of Corporate Affairs for public consultation, and we have considered them from a foreign perspective. The proposals are continuing...
21 January 2021
Corporate Treasurer Briefing - Is LIBOR Really Entering the End Game?
The end of 2021 has been the date set in stone for the discontinuation of LIBOR for some time. In our briefing we look at the status of LIBOR transition across various different currencies and products and explore some of the events which will catalyse the transition in 2021.
20 January 2021
The Anti-Bribery and Anti-Corruption Review - 9th Edition: Russia Chapter
Although Russia was ranked 137 out of 198 countries on Transparency International’s 2019 Corruption Perceptions Index, sharing the spot with such countries as Mexico, Papua New Guinea and Paraguay, in its Third Round Evaluation Report published on 21 November 2016, the Group of States against...
19 January 2021
UK Export Development Guarantee scheme: supporting UK exporters to access liquidity
An increasing number of UK manufacturing and industrial companies including Rolls-Royce and the UK's two largest airlines have recently turned to UK Export Finance (UKEF), the UK government’s export credit agency for trade finance and insurance, to provide guarantees to assist with accessing...
19 January 2021
Key TCA issues for the energy sector
The EU-UK Trade and Cooperation Agreement (" TCA ") establishes objectives for the energy market by providing for the facilitation of trade and investment between the EU and the UK (the “ parties ”) in the areas of energy and raw materials, and supporting security of supply and environmental...
18 January 2021
UK Government's 10 point plan
The UK government recently announced a £12 billion “Ten Point Plan” to lead a “Green Industrial Revolution”. This plan aims to mobilise £42 billion of private investment by 2030 with the aim of reducing UK emissions by 180 million tonnes of carbon dioxide equivalent between 2023 and 2032. The below...
15 January 2021
Supreme Court hands down judgment in FCA’s Covid-19 Business Interruption Test Case
The Supreme Court has today handed down judgment in the Covid-19 Business Interruption insurance test case of The Financial Conduct Authority v Arch and Others . Herbert Smith Freehills acted for the FCA who advanced the claim for policyholders.
14 January 2021
Why the Worley court action is a landmark case for boards
A recent landmark court decision on class actions is being interpreted as a signal to boards and directors that they may successfully defend class actions if they can show they took reasonable steps to determine how decisions were made. Herbert Smith Freehills partner Jason Betts, who will host an...
14 January 2021
The Al-Ula Declaration – GCC diplomatic relations restored
In June 2017, Saudi Arabia, the United Arab Emirates (the “UAE” ), Egypt and Bahrain announced that they would sever diplomatic ties with, and cut off transport links to, Qatar. Three and a half years later, the states have agreed to restore diplomatic relations. While details of the reconciliation...
