On 24 March 2020, the Companies and Intellectual Property Commission’s IP Registry suspended all internal and external-facing operations due to the national lockdown. The Registry will only resume operations two weeks after the national lockdo...
The coronavirus outbreak and various responses by authorities across the globe have prompted several amendments to government Intellectual Property Offices (“IPOs”), courts, and in some cases filing deadline extensions. These specia...
While medical professionals everywhere around the globe are working as hard as they can, both them as well as consumers are trying to get protective products to remain healthy and, where possible, prevent being contaminated. It is clear that in seve...
In every crisis, there will be those who seek to get the most out of it. To that end, there has recently been a raft of trade mark applications worldwide seeking to register trade marks related to the novel coronavirus disease (COVID-19), including ...
Eversheds Sutherland is pleased to announce that 12 IP lawyers from our global practice have been recognized in the 2020 World Trademark Review’s “World’s Leading Trademark Professionals” list. Now in its tenth year, the WTR ...
With the #BlackFriday craze coming up, so does the issue of “grey goods”. This article aims to discuss the legality behind parallel importation and the sale of grey goods. What is “parallel importation” and so-called “g...
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Public sector bodies face many challenges as a result of the outbreak of coronavirus. Contracting Authorities may need to procure goods, services or works urgently to deal with these challenges. Challenges caused by the outbreak may be e...
The Royal Decree of 14 January 2013 provides in its Article 38/9 an opportunity for revision of procurement documents during the performance of a public procurement contract, where unforeseeable circumstances arise for the contractor. (1) The said R...
The European Commission has revised the thresholds relating to the award procedures of public contracts and concession agreements by means of four separate Commission Delegated Regulations, adopted on 30 October 2019, which entered into force on 1 J...
The new thresholds which come into effect on 1 January 2020 for the Public Contracts Regulations 2015, Utilities Contracts Regulations 2016, Concessions Contracts Regulations 2016 and the Defence and Security Public Procurement Regulations 2011 have...
Witold Slawinski, head of our tech & engineering team, contributed to the guide "Public Procurment 2019" - expert local insight into public procurement procedures in 34 jurisdictions, addressing such crucial topics as: legislative framework, app...
Witold Slawinski, head of tech & industrial engineering practice, authored an article for AmCham Quarterly. It is devoted to the recent changes to the Polish public procurement law. Read the full article >...
The 2019 edition of the Chambers Public Procurement and Government Contracts is now live. The contributing editor of the Guide is Dr Totis Kotsonis, competition lawyer and head of procurement at Eversheds Sutherland. Read the Introduction pie...
We have contributed to the The Public Procurement and Government Contracts guide published by Chambers and Partners. It provides expert legal commentary on key issues for businesses. The publication covers the important developments in the...
In its Faraday decision the Court of Appeal has set aside a concluded land development agreement between a local authority and a developer for having been concluded in breach of procurement legislation. This is the first time that an English court h...
The 2018 edition of the Getting the Deal Through: Public Procurement is now live. The contributing editor of the Guide is Totis Kotsonis, competition lawyer and head of procurement at Eversheds Sutherland. The publication contains expert local insig...
Case comment: (1) Lancashire Care NHS Foundation Trust and (2) Blackpool Teaching Hospitals NHS Foundation Trust v Lancashire County Council [2018] EWHC 200 (TCC) Summary In a recent judgment of the new head of the TCC, Fraser J, Lancashire County ...
Introduction Relevant facts The Court’s decision Whether the Remedies Directive permits the imposition of conditions for claiming damages Clarifying the burden of proof when claiming damages for loss of profit Grounds on which a contracting...
MLS (Overseas) Limited v The Secretary of State for Defence [2017] EWHC 3389 (TCC) Summary In a recent judgment following a challenge to a competitive procurement process run by the Ministry of Defence (“MoD”) (MLS (Overseas) Limited v T...
The 2017 edition of the Getting the Deal Through: Public Procurement is now live. The Polish chapter has been developed by Tomasz Zalewski, head of the public procurement team at Wierzbowski Eversheds Sutherland. The contributing editor of the Guide...
On 21 July the Technology and Construction Court handed down judgment in relation to two applications made in the case of Perinatal Institute v Healthcare Quality Improvement Partnership. This interesting judgment highlights two potential pitfalls f...
Introduction In a recent judgment on an application to vary consent orders relating to the establishment of a confidentiality ring (Bombardier Transportation UK Limited v Merseytravel [2017] EWHC 726 (TCC)), the court decided that despite some conce...
This note considers aspects of the US President's recent "Buy American, Hire American" order which relate to the WTO's Agreement on Government Procurement. It sets out the somewhat different EU position on the effects of these WTO plurilateral arra...
The biggest overhaul in the history of Poland’s Public Procurement Law entered into force on 28 July 2016. Despite the passage of time, major issues connected with the practical application of the new regulations continue to arise. It can be ...
Introduction – Where are we now? In our original View Details..
Eversheds has published the “EU Public Procurement Reform Guide 2016” on the status of implementation of the new procurement directives in the European Union. The initiator of the project and coordinator of the work of the international ...
The Crown Commercial Service (“CCS”) has now published a revised standard Selection Questionnaire and guidance in the form of Procurement Policy Note (PPN) 8/16. This can be found here. PPN 8/16 supersedes and replaces PPN 3/15 which con...
Introduction This briefing considers issues relating to the extent to which the UK&rs...
In the wake of Brexit, the extent to...
Following the public consultation on the draft UCR 2016 and CCR 2016, the new regulations have now been laid before Parliament and will come into force on 18 April 2016 (subject to a number of exceptions in the UCR 2016 which will come into force at...
Public procurement is big business. The estimated value of contracts advertised by Governments and other public bodies across the EU is said to be over 420 billion euro. Most EU public contract awards are regulated under EU law. Th...
On 6 January 2016, the European Commission published an implementing regulation establishing a standard form for the European Single Procurement Document (“ESPD”). The ESPD is one of the new features of EU procurement regulation introduc...
The European Commission has recently revised the financial thresholds above which public procurement rules apply with these changes applying to the current EU Directives from 1 January 2016. This means that the thresholds applicable to contracts reg...
The European Commission has recently published its Public Procurement Guidance for Practitioners on the avoidance of the most common errors in projects funded by the European Structural and Investment Funds ("the Guide"). We have helped...
In Woods Building Services v Milton Keynes Council [2015] EWHC 2011 (TCC), the High Court upheld a challenge by an unsuccessful bidder (“Woods”) of a tender process undertaken by Milton Keynes Council (the “Council”) on the g...
In Edenred (UK Group) Ltd v (1) Her Majesty’s Treasury (2) Her Majesty’s Commissioners for Revenue and Customs (3) National Savings and Investments [2015] UKSC 45, the Supreme Court unanimously dismissed Edenred’s challenge to Her ...
In Edenred (UK Group) Ltd v (1) Her Majesty’s Treasury (2) Her Majesty’s Commissioners for Revenue and Customs (HMRC) (3) National Savings and Investments [2015] UKSC 45, the Supreme Court unanimously dismissed Edenred’s challenge ...
From 30 June 2015, Central Government Departments, their Executive Agencies and Non-Departmental Governing Bodies (“in-scope organisations”) will have to accept “unstructured” electronic invoices from their suppliers for invo...
With the dust settling after the recent General Election, it is possible to better speculate as to the likely direction of travel of the new Conservative government. The new administration has a slim majority, therefore, there still may be an elemen...
At the Conservative party conference the Communities Secretary Sajid Javid, and the Chancellor, Philip Hammond, announced a fresh package of measures aimed at addressing the national shortage of new homes. The ambition is to deliver more than 25,000...
Charalambous and another v Ng and another [2014] EWCA Civ 1604 The courts continue to produce surprising decisions in relation to the tenancy deposit scheme introduced by the Housing Act 2004, applying it in certain respects to tenancies granted bef...
Youssefi v Mussellwhite [2014] EWCA Civ 885 Horne & Meredith Properties Ltd v Cox [2014] All ER (D) 194 These two cases concern opposition to lease renewals on the grounds of the tenant’s breach of covenant (“grounds (a), (b) and (c)...
The rules as to when Energy Performance Certificates (“EPCs”) need to be obtained will change on 6 April 2012. In relation to both sales and lettings of property, whether commercial or residential, an EPC will need to be commissioned bef...
The introduction of Community Infrastructure Levy (CIL) charging schedules by many local authorities is now gathering pace, as is demonstrated by the Mayor of London’s CIL charging schedule which is likely to be approved by 1 April 2012. If th...
The Energy Act 2011 contains provisions that will establish the Green Deal, an innovative funding system for energy efficiency improvements to residential and commercial properties. The Green Deal is expected to be introduced in Autumn 2012, o...
Following a recent change in the law relating to the supply of electricity and gas, landlords of multi-occupancy premises must now allow their tenants to connect to energy suppliers of the tenants' choice. The landlord can only refuse if it is...
The current riots/disturbances in cities across England raise a number of issues in relation to construction sites. These will include fundamental health and safety issues but it also raises important considerations in relation to any damage or...