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    Preview 2013 (UK law)
    2013-01-15

    2013 will herald some significant changes to the UK legal arena, notably in the corporate area in relation to executive remuneration and narrative reporting, in dispute resolution as the Government's reforms to the civil litigation costs and funding regime are due to be implemented and in the energy, real estate and construction areas where there are major changes to the carbon reduction commitment energy efficiency scheme, further amendments to the Community Infrastructure Levy Regulations, the introduction of the Growth and Infrastructure Bill and various amendments to the Building Regula

    Filed under:
    European Union, United Kingdom, Arbitration & ADR, Banking, Capital Markets, Company & Commercial, Competition & Antitrust, Construction, Derivatives, Employment & Labor, Energy & Natural Resources, Environment & Climate Change, Insolvency & Restructuring, Insurance, IT & Data Protection, Litigation, Media & Entertainment, Patents, Real Estate, Tax, Telecoms, Herbert Smith Freehills LLP
    Location:
    European Union, United Kingdom
    Firm:
    Herbert Smith Freehills LLP
    Review of 2009 and preview of 2010
    2010-01-15

    The transition from 2009 to 2010 sees some significant legislative chapters closing, notably the Companies Act 2006, Rome I and II, the Banking Act 2009 and the Lisbon Treaty.

    Filed under:
    European Union, United Kingdom, Arbitration & ADR, Banking, Capital Markets, Company & Commercial, Competition & Antitrust, Construction, Employment & Labor, Energy & Natural Resources, Environment & Climate Change, Insolvency & Restructuring, Insurance, IT & Data Protection, Litigation, Real Estate, Tax, Telecoms, White Collar Crime, Herbert Smith Freehills LLP, Companies Act 2006 (UK), Banking Act 2009 (UK)
    Location:
    European Union, United Kingdom
    Firm:
    Herbert Smith Freehills LLP
    Bruton Holdings – ATO has no power to garnishee debt after commencement of winding up
    2009-10-07

    Introduction

    By unanimous decision in Bruton Holdings Pty Limited (in liquidation) v Commissioner of Taxation1, five members of the High Court have reversed a controversial decision of the Full Federal Court to confirm that the Commissioner of Taxation (Commissioner) cannot ‘leap-frog’ other creditors in a liquidation.2

    Filed under:
    Australia, Insolvency & Restructuring, Litigation, Tax, Herbert Smith Freehills LLP, Debt, Liability (financial accounting), Liquidation, Liquidator (law), Corporations Act 2001 (Australia), Australian Taxation Office, High Court of Justice, Federal Court of Australia, High Court of Australia
    Authors:
    Paul Wenk
    Location:
    Australia
    Firm:
    Herbert Smith Freehills LLP
    Pension Disputes Bulletin- May 2022
    2022-05-26

    HERBERT SMITH FREEHILLS

    Pension Disputes Bulletin

    Welcome to the latest edition of our regular pension disputes bulletin. In these bulletins we report on key cases, Ombudsman decisions and regulatory activity and we highlight emerging risks for pension schemes, providers, sponsors, administrators and other service providers.

    In a hurry? In a hurry? Read the `Risk warning', `Takeaways' and `Comment' boxes to find out the key risks, points to note and to read our observations on each case/ development.

    MAY 2022

    Filed under:
    United Kingdom, Employee Benefits & Pensions, Insolvency & Restructuring, IT & Data Protection, Litigation, Tax, Herbert Smith Freehills LLP, Due diligence, Guaranteed minimum pension, Financial Conduct Authority (UK), Information Commissioner's Office (UK), HM Revenue and Customs (UK), UK Supreme Court
    Location:
    United Kingdom
    Firm:
    Herbert Smith Freehills LLP
    COVID-19 Germany: The Government's response
    2020-03-17

    Insolvency Law

    The German Federal government is preparing measures to suspend the requirement for companies to file for insolvency in cases where companies are suffering financial losses due to the current COVID-19 crisis. This suspension may apply through 30 September 2020. The German government aims to avoid insolvencies that may occur simply because the state's financial help may not arrive in time.

    Filed under:
    Germany, Employment & Labor, Insolvency & Restructuring, Tax, Herbert Smith Freehills LLP, Coronavirus, European Commission
    Authors:
    Dr Steffen C. Hörner , Kai Liebrich
    Location:
    Germany
    Firm:
    Herbert Smith Freehills LLP
    What does the future hold? A timeline of upcoming UK legal developments
    2018-05-01

     

    EU (Withdrawal) Bill may be passed by UK Parliament. Its purpose is to repeal the European Communities Act 1972 and, so far as possible, import EU law that would otherwise fall away into UK law

    The Construction (Retention Deposit Schemes) Bill is expected to have its second reading debate

    Filed under:
    European Union, Global, Hong Kong, United Kingdom, Arbitration & ADR, Banking, Construction, Derivatives, Employment & Labor, Energy & Natural Resources, Environment & Climate Change, Insolvency & Restructuring, Insurance, Intellectual Property, IT & Data Protection, Litigation, Planning, Real Estate, Tax, Trade & Customs, Herbert Smith Freehills LLP, Brexit, Financial Conduct Authority (UK), European Commission
    Location:
    European Union, Global, Hong Kong, United Kingdom
    Firm:
    Herbert Smith Freehills LLP
    Preview of 2018
    2018-01-15

    ENGLAND AND WALES PREVIEW OF 2018 January 2018 LEGAL GUIDE HERBERT SMITH FREEHILLS 01 page CONTENTS Introduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 02 Brexit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 03 Competition, Regulation and Trade . . . . . . . . . . . . . . . . . . 05 Construction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 07 Corporate . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 08 Dispute Resolution . . . . . . . .

    Filed under:
    European Union, United Kingdom, Scotland, Arbitration & ADR, Banking, Company & Commercial, Competition & Antitrust, Construction, Derivatives, Employee Benefits & Pensions, Employment & Labor, Energy & Natural Resources, Insolvency & Restructuring, Insurance, Intellectual Property, IT & Data Protection, Planning, Real Estate, Securitization & Structured Finance, Tax, Herbert Smith Freehills LLP, Brexit, GDPR
    Location:
    European Union, United Kingdom
    Firm:
    Herbert Smith Freehills LLP
    Timeline: What is on the Horizon? - October 2017
    2017-10-03

    EU requirement for national insolvency registers to be established in all Member States (Recast Insolvency Regulation 2015 ((EU) 2015/848))

    Will Nevin Partner T +44 20 7466 2199 [email protected]

    UK TIMELINE

    Kevin Pullen Partner T +44 20 7466 2976 [email protected]

    2017Q4 (Oct-Dec)

    Filed under:
    European Union, Global, United Kingdom, Banking, Capital Markets, Competition & Antitrust, Construction, Derivatives, Employee Benefits & Pensions, Employment & Labor, Energy & Natural Resources, Insolvency & Restructuring, Insurance, Intellectual Property, Litigation, Public, Real Estate, Tax, Herbert Smith Freehills LLP, Corporate governance, Brexit, MiFID, Financial Conduct Authority (UK), European Commission, CJEU
    Location:
    European Union, Global, United Kingdom
    Firm:
    Herbert Smith Freehills LLP
    General Counsel Update - February 2017
    2017-03-01

    When we began analysing in depth the possibility of Britain exiting the European Union, 18 months prior to the June 2016 referendum, the HERBERT businessSMITH FREEHILLS consensus w07as very muchSECTION TITLE that Brexit was a remote prospect that either would never happen or not matter.

    Fast forward just over two years and the reality could not be more different. In this updated edition of our Brexit legal guide, we take stock of the present situation, summarising the key developments since last year's vote and what is to be expected in the months ahead. 10 33 99

    Filed under:
    Australia, China, European Union, Hong Kong, Indonesia, Singapore, United Arab Emirates, United Kingdom, Arbitration & ADR, Banking, Capital Markets, Company & Commercial, Competition & Antitrust, Employment & Labor, Energy & Natural Resources, Environment & Climate Change, Insolvency & Restructuring, Insurance, IT & Data Protection, Planning, Public, Tax, Telecoms, Herbert Smith Freehills LLP, Brexit, Breach of contract, Reinsurance, Duty of care, Defined benefit pension plan, European Commission, Securities and Futures Commission (Hong Kong)
    Location:
    Australia, China, European Union, Hong Kong, Indonesia, Singapore, United Arab Emirates, United Kingdom
    Firm:
    Herbert Smith Freehills LLP
    BREXIT: charting a new course
    2017-02-21

    If 2016 ended with more questions than answers as to how Brexit would take shape, 2017 began with at least a little more clarity.

    Filed under:
    European Union, Global, OECD, United Kingdom, USA, Arbitration & ADR, Aviation, Banking, Capital Markets, Company & Commercial, Competition & Antitrust, Employee Benefits & Pensions, Employment & Labor, Energy & Natural Resources, Environment & Climate Change, Immigration, Insolvency & Restructuring, Insurance, Intellectual Property, IT & Data Protection, Public, Real Estate, Tax, Telecoms, Herbert Smith Freehills LLP, Brexit, Internal market, EEA, UK Supreme Court
    Location:
    European Union, Global, OECD, United Kingdom, USA
    Firm:
    Herbert Smith Freehills LLP

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