The European Data Protection Board (EDPB) has published a set of guidelines (in draft) for public consultation. These will be absolutely key to providers of online services, such as social media, e-commerce, internet search engines, communication an...
On 16 April 2019, a controversial 16-minute video containing footage of a what is believed to be a taxi journey taken by two Hong Kong celebrities, Andy Hui Chi-on and Jacqueline Wong, was published on the website of a local newspaper. This publicat...
We report on Romania’s recently introduced data protection law, focussing on the provisions relating to the processing of national identification numbers and the rules on the use of CCTV and monitoring in an employment context. In July 2018, R...
A notice was published in the government gazette on 30 March 2020, in terms of which the minister of transport (the “Minister”) has, in terms of section 18(7) of the National Road Traffic Act (No. 93 of 1996), extended the licensing and ...
On 2 December 2019, the European Council agreed to update Regulation 1371/2007 (the “Regulation”) on rail passengers’ rights and obligations. The proposed amendments to the Regulation aim to strengthen the rights of passengers wher...
Background On 16 October 2019 the Department for Transport (“DfT”) issued its “Rail Network Enhancements Pipeline Update” for Autumn 2019 (the “Enhancements Pipeline Update”). A copy of the Enhancements Pipeline U...
Background The Office of Rail and Road (the “ORR”) has issued its final determination (“Final Determination”) on the regulatory review of Network Rail (“NR”), known as the 2018 Periodic Review (“PR18”)...
Following close consultation with IFI's including the IFC, World Bank and EBRD, Tunisia has launched a review process to aid with the structuring and implementation of new PPP projects. Eversheds Sutherland was privileged to have been spec...
Background Periodic reviews are one of the principal mechanisms by which the Office of Rail and Road (“ORR”) holds Network Rail to account, and secures value for money for users and funders of the railway. The ORR’s periodic review...
Background Following the recommendations of the Competition and Markets Authority (“CMA”), the Department for Transport (“DfT”) ran a consultation seeking views on the introduction of a “public service obligation levy&r...
Intro / Summary The Supreme Court has refused to grant Emirates permission to appeal the Court of Appeal’s decision in the joint case of Gahan v Emirates and Buckley and ors v Emirates meaning the Court of Appeal’s decision to award comp...
Highways England are moving forward with the A303 Stonehenge project (A303) and the Lower Thames crossing (LTC) and will be starting their market and supply chain engagement in March 2018. These projects are two of the largest in Highway England's R...
The Belt and Road Initiative (BRI) is a multi-trillion Chinese led initiative to strengthen trade routes and related infrastructure across over 150 countries worldwide. The initiative covers over 60% of the world’s population in terms of ...
Background The Competition and Markets Authority (“CMA”) has recently published draft guidance on its approach to assessing rail franchise awards under its merger control powers (the “Draft Guidance”)1. The guidance has been ...
Background As part of the Government’s commitment to the “Northern Powerhouse” agenda, legislation to turn Transport for the North (“TfN”) into a statutory sub-national transport body with legal powers and duties has be...
Executive Summary The European Commission has consulted on an implementing regulation which will provide additional detail for procedures and criteria to be followed by service facility operators in order to satisfy their obligations under Directive...
What is the Hansford Review and what is its purpose? Professor Peter Hansford was commissioned by the Board of Network Rail to chair an independent review of “contestability” in the UK Rail Market, with the intent of “encouraging t...
Background The Office for Rail and Road (“ORR”) has opened a consultation on its proposals to introduce a voluntary binding Alternative Dispute Resolution (“ADR”) scheme for the resolution of consumer complaints in the rail s...
Background As part of the 2018 periodic review (“PR18”) of Network Rail, the Office of Rail and Road (“ORR”) is reviewing the way in which the charges that operators pay to access the rail network are calculated. This review ...
What is the purpose of the Consultation? The Office of Rail and Road (the “ORR”) is engaged in the 2018 regulatory review of Network Rail, known as the 2018 Periodic Review or “PR18”. PR18 will determine what Network Rail mus...
The Fourth Rail Package, which was introduced between June and December 2016, is a set of six items of EU legislation designed to increase the reliability and competitiveness of European railways in accordance with the EU’s liberalisation agen...
On 27 June 2017, the court ordered the lifting of the automatic suspension in the case of Alstom Transport UK Limited v London Underground Limited [2017] EWHC 1521 (TCC). The resulting judgment includes some interesting comments on the correct test ...
It has always been imperative that a claimant keeps at the forefront of its mind that time is ticking and that any claim it wishes to make must be brought in time. The respective time limit may be set out in statute, such as the Limitation Acts or o...
As is common practice now, ING Bank (“ING”) filed a number of cases asserting rights to amounts due and payable to O.W Bunker & Trading A/S (“O.W Bunker) for the provision of bunkers of fuel oil to vessels. These cases in...
In this case, the Court of Appeal provided a long awaited decision answering whether a charterer’s failure to pay an instalment of hire punctually is a breach of condition under a time charterparty thus enabling the shipowner to terminate the ...
Background - The 2018 Periodic Review The Office of Rail and Road (“ORR”) has recently published its conclusions (the “Conclusions”) following its initial consultation in relation to the creation of the 2018 Periodic Review ...
What is the Digital Railway programme? The Digital Railway programme is a Network Rail led initiative to modernise train command, control and signalling systems used on the British railway network with the aim of substantially improving the capabili...
Following the outcome of a Government consultation paper, the full force of the Consumer Rights Act 2015 (CRA) will apply to the aviation sector as from the 1 October 2016. The result could lead to compensation being paid up to the price of the air ...
Following a consultation on the Consumer Rights Act 2015 (the ‘Act’), the Government has confirmed the way in which train operators cap their liability to customers to compensate for delays or cancellations to services must be consistent...
Following a consultation on the Consumer Rights Act 2015 (the ‘Act’), the Government has confirmed that the way in which transport operators cap their liability to customers to compensate for delays or cancellations to services must be c...
Suez Fortune Investments Ltd and another v Talbot Underwriting Ltd [2016] EWHC 1085 (Comm) Introduction On the 15 January 2015, the English Commercial Court handed down a decision that highlights the importance of compliance with disclosure obligati...
Reviewing the law and the impact on it of both the arguments in the Anna Bo [2015] 2 Lloyd’s Rep 578 and the Congenbill 2016 form The issue Bills of lading often include wording which purports to incorporate charterparty terms. Attempts to inc...
On 6 April 2016, BIMCO and the International Group of Liquified Natural Gas (“LNG”) Importers (“GIIGNL”) jointly issued a standard form voyage charterparty designed for use in the LNG trade. Its introduction is said to be spe...
The Foreign Limitation Periods Act 1984 (the Act) sets out the procedure to be followed when a claim is proceeding in the courts of England and Wales and the laws of any other country apply. Given the international nature of the shipping industry,...
On 12 August this year, the Insurance Act 2015 will introduce the most significant changes to insurance law in 110 years how will it affect the shipping industry? The Act applies to all insurance policies taken out by businesses which are subject ...
Introduction It is always important to establish whether or not communications with the opposing party in a dispute are truly without prejudice (“WP”). If a communication is deemed not to be protected by WP privilege, a party exposes the...
It is becoming increasingly common for a buyer to engage a third party service provider to supervise the construction of a new vessel on its behalf. However to date there has been no standard form contract upon which the buyer and supervisor could b...
Anzen Limited & Another v Hermes One Limited In the case of Anzen Limited v Hermes One Limited [2016] UKPC 1, the Privy Council considered the use of permissive language in an arbitration clause. Specifically, the Council considered what o...
A new set of rules, the York Antwerp Rules 2016 (the “YAR 2016”) has been adopted by the Comité Maritime International. They are based on the previous versions of the York Antwerp Rules (the “YAR”) with some nota...
Background In Compania Sud Americana de Vapores SA (“CSAV”) v. Hin-Pro International Logistics Ltd (“Hin-Pro”)1 the Court of Appeal considered the decision of Cooke J reported in [2014] EWHC 3632 (Comm). The central question ...
The Covid-19 Block Exemption for the Retail Property Sector (the “Regulations”) were published on 24 March 2020 in response to the declaration of the National State of Disaster. The Regulations exempt certain agreements or practices with...
The UK's Treasury Select Committee released a report into crypto-assets on 19 September. The Committee’s key conclusion is that regulation of crypto-assets is necessary. Striking a negative tone, it identifies the problems of volatile pr...
Aysha Fernandes, legal director in Eversheds Sutherland’s Competition, EU & Trade group comments on the ramifications of UK CMA’s Ping fine appeal. This article was written by PaRR, the leading provider of inside track on comp...
In July 2017, the German Federal Cartel Office (“FCO”) published a detailed guidance paper (the “Guidance Paper”) on resale price maintenance (“RPM”) in the retail food sector. The purpose of the paper is to expl...
On 26 July 2017, the European Court of Justice (“ECJ”) published an opinion issued by Advocate General Nils Wahl (the “AG’s Opinion”) indicating that luxury brands may prevent retailers from selling via online marketpla...
Introduction The Competition and Markets Authority (“CMA”), the authority responsible for operating and enforcing the UK merger control regime, has published its updated Retail Mergers Commentary (“New Commentary”).1 The CMA ...