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  • Article

    Court Of Session Casts Some Light On The Public Contracts (Scotland) Regulations 2012: Street Lighting Supplies & Co Ltd V Scotland Excel And Renfrewshire Council

    In March 2014, Scotland Excel, a body formed by agreement between all 32 local authorities in Scotland, advertised a procurement exercise in relation to the supply of street lighting materials.
    United KingdomLitigation, Mediation & Arbitration
    MacRoberts
    MacRoberts
  • Article

    Bribery Act 2010 - Guidance Published

    Following on from our update of last autumn, The UK Ministry of Justice published its revised final guidance last week on the UK Bribery Act 2010, which is now scheduled to come in to force on 1 July 2011.
    United KingdomCriminal Law
    MacRoberts
    MacRoberts
  • Article

    Employment Status and the Gig Economy – it's not just employees that are entitled to employment rights

    Good charities need good people. Those people are often volunteers, trustees, employees, advisers, and everyone in between. But what rights, if any, do they have?
    United KingdomEmployment and HR
    MacRoberts
    MacRoberts
  • Article

    Courts Reform ( Scotland) Bill – Appeals To The Inner House And Supreme Court

    The final instalment of our series of updates on the (now passed) Courts Reform (Scotland) Bill has finally arrived. This update will consider the new procedures for appeals to the Inner House of the Court of Session and to the Supreme Court.
    United KingdomLitigation, Mediation & Arbitration
    MacRoberts
    MacRoberts
  • Article

    Courts Reform (Scotland) Bill – Simple Procedure

    Currently, cases for values up to £3,000 must be raised under the Small Claims procedure, and cases for values between £3,001 and £5,000 must be raised under the Summary Cause procedure.
    United KingdomLitigation, Mediation & Arbitration
    MacRoberts
    MacRoberts
  • Article

    April Employment Law Changes 2014

    Currently a person who thinks they might have a discrimination claim under the Equality Act 2010 may submit written questions to the potential respondent to their claim (e.g. their employer).
    United KingdomEmployment and HR
    MacRoberts
    MacRoberts
  • Article

    Calling All Charity Trustees: OSCR Gives Guidance On Trustees' Annual Report

    Following its review of annual accounts submitted by 90 charities, OSCR has today highlighted one of its key findings relates to that of the Trustees' Annual Report, with many failing to meet the legal requirements.
    United KingdomCorporate/Commercial Law
    MacRoberts
    MacRoberts
  • Article

    MacRoberts Public Procurement Law e-update 17/04/08 - MEP´s Question Microsoft´s Eligibility To Compete In Public Procurement

    On 23 March 2004 the European Commission adopted a finding that Microsoft had infringed EU competition rules by "abusing its dominant position in the software market, causing a huge damage both on competitors and consumers" in connection with Microsoft's refusal to supply competitors with 'interoperability information' and the typing of Windows Media Player with the Windows PC operating system.
    United KingdomAntitrust/Competition Law
    MacRoberts
    MacRoberts
  • Article

    Holiday Pay: The Next Instalment

    The full report of the landmark decision laid down by the EAT in Bear v Fulton (and the other conjoined cases) has now been published and, in summary, the main findings are: ..
    United KingdomEmployment and HR
    MacRoberts
    MacRoberts
  • Article

    Public Sector Information Consultation Launched

    The European Commission ('the Commission') has launched a public consultation on the EU Directive on the Re-Use of Public Sector Information ('PSI Directive') - implemented in the UK by the PSI Regulations 2005.
    European UnionIntellectual Property
    MacRoberts
    MacRoberts
  • Article

    British Airways & Others Remain The EU's Favourite Airlines

    The European Commission announced yesterday that it has fined 11 airlines a total of €800 million for operating a global cartel in relation to air cargo prices.
    United KingdomAntitrust/Competition Law
    MacRoberts
    MacRoberts
  • Article

    Bribery Act's 1st Birthday - No Gifts Please!

    The 2nd July 2012 marked the first anniversary of the Bribery Act coming into force.
    United KingdomCriminal Law
    MacRoberts
    MacRoberts
  • Article

    Decision To Award Nil Bonus Was Not Irrational

    Recent case law has made many an employer wary of making awards of nil bonus to leavers even when the contract gives them apparent discretion to do so.
    United KingdomEmployment and HR
    MacRoberts
    MacRoberts
  • Article

    Employers May Breach Age Legislation Even If Retirement Procedure Followed

    We currently await the European Court of Justice's ruling in the Heyday case in which Heyday, an organisation created by and closely associated with Age Concern, is challenging the legality of the Age Regulations.
    United KingdomEmployment and HR
    MacRoberts
    MacRoberts
  • Article

    Share Schemes – Looking To The Future

    2015 was a busy year in the world of share schemes and employee share ownership arrangements.
    United KingdomEmployment and HR
    MacRoberts
    MacRoberts
  • Article

    Shared Parental Leave – Are You Ready?

    The final Shared Parental Leave Regulations were published in July, meaning employers can now go ahead and draft their Shared Parental Leave policies.
    United KingdomEmployment and HR
    MacRoberts
    MacRoberts
  • Article

    What´s Coming Into Force On 6th April 2009 (Employment Law Update)

    Here is a quick reminder of the key employment law changes coming into effect today:
    United KingdomEmployment and HR
    MacRoberts
    MacRoberts
  • Article

    Procurement Reform: Statutory Guidance On The Selection Of Tenderers And The Award Of Contracts – Living Wage

    Yesterday, the Scottish Government published its Statutory Guidance on the Selection of Tenderers and the Award of Contracts.
    United KingdomGovernment, Public Sector
    MacRoberts
    MacRoberts
  • Article

    The "Objective Reasonable Tenderer" Stands Supreme After More Than 4 Years And 3 Court Decisions (Procurement – Healthcare At Home Case)

    The judgement takes a pleasantly entertaining canter through use of the hypothetical "reasonable man" test across a number of areas of law.
    United KingdomGovernment, Public Sector
    MacRoberts
    MacRoberts
  • Article

    Cracks In The Cupboard

    The recent case of Hubbard v Bank of Scotland Plc (t/a Birmingham Midshires) [2014] EWCA Civ 648 has provided valuation surveyors with some welcome clarification and reassurance regarding their scope of duty of care when providing a mortgage valuation.
    United KingdomLitigation, Mediation & Arbitration
    MacRoberts
    MacRoberts

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