Doing Business After Brexit

Doing Business After Brexit

Author: Helen Wong MBE

Publisher: Bloomsbury Publishing

Published: 2022-03-17

Total Pages: 435

ISBN-13: 1526520389

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On 31st December 2020, the Brexit transition period ended and the new EU-UK partnership began. The second edition discusses the new EU-UK partnership, and the related agreements, looking at the effect these will have on businesses trading with the EU. The book then looks at each area pertinent to running a business and looks at the related advantages and disadvantages that arise from Brexit, e.g. the Brexit Trade and Cooperation Agreement, a new points-based immigration system, and customs and VAT rules on imports and exports. This title is included in Bloomsbury Professional's Company and Commercial Law online service.


Design and Build Contracts

Design and Build Contracts

Author: Guy Higginbottom

Publisher: John Wiley & Sons

Published: 2023-09-26

Total Pages: 437

ISBN-13: 1119814847

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DESIGN AND BUILD CONTRACTS Design and build (D&B) construction procurement relies on a project’s main contractor shouldering the responsibility for creating the design and executing the construction for a project. While the extent of contractor-produced design can vary, this method of construction procurement affords the contractor a greater level of input and responsibility than traditionally procured contracts (where the employer has greater design responsibility). Over the last decade in the UK, it has become clear that D&B contracts are becoming the most popular method for procuring construction projects; often echoing the ways in which contracts for infrastructure and process plant can be procured. Whilst D&B can provide a greater degree of contractor input for producing feasibility and concept designs, then the detailed design to deliver a project, many clients amend standard forms of D&B contracts to alter the contractors’ design input. This can significantly change D&B, deviating from the procedures set out in the standard forms of D&B contract. This book firstly takes the reader through each stage of a project (based upon the RIBA Plan of Work 2020) to provide guidance on how D&B contracts were intended to operate, then secondly, identifying how D&B contracts and their procedures have changed. Readers will find: Outline commentary and guidance on commonly used standard forms of D&B contract, including: JCT Design and Build 2016; FIDIC Conditions of Contract for Plant Design-Build 2017; and NEC4 How each D&B contract is intended to operate during each stage of the RIBA Plan of Work 2020 How the operation of D&B contracts and their procedures are often amended. An ideal resource for contractors, employers, and consultants, as well as those studying construction at university, Design and Build Contracts offers helpful commentary and guidance for how each stage of a D&B engineering or construction project should progress.


Residential Construction Law

Residential Construction Law

Author: Philip Britton

Publisher: Bloomsbury Publishing

Published: 2021-07-15

Total Pages: 743

ISBN-13: 1509939245

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This is the first book to offer a systematic and analytical overview of the legal framework for residential construction. In doing so, the book addresses two fundamental questions: Prevention: What assurances can the law give buyers (and later owners and occupiers) of homes that construction work – from building of a complete home to adding an extension or replacing a shower unit – will comply with minimum standards of design, safety and build quality? Cure: What forms of redress - from whom, and by what route - can residents expect, when, often long after completion of construction, they discover defects? The resulting problems pose some big and difficult questions of principle and policy about standards, rights and remedies, which in turn concern justice more generally. This book addresses these key issues in a comparative context across the United Kingdom, Ireland, Australia and New Zealand. It is an accessible guide to the existing law for residents and construction professionals (and their legal advisers), but also charts a course to further, meaningful reforms of the legal landscape for residential construction around the world. The book's two co-authors, Philip Britton and Matthew Bell, have taught in the field in the UK, Australia and New Zealand; both have been active in legal practice, as have the book's two specialist contributors, Deirdre Ní Fhloinn and Kim Vernau.


The Utilities Contracts (Scotland) Regulations 2016

The Utilities Contracts (Scotland) Regulations 2016

Author: Scotland

Publisher:

Published: 2016-02-02

Total Pages: 100

ISBN-13: 9780111031148

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Enabling power: European Communities Act 1972, s. 2 (2), sch. 2, para. 1A. Issued: 02.02.2016. Made: 26.01.2016. Laid before the Scottish Parliament: 28.01.2016. Coming into force: In accord. with reg. 1. Effect: S.I. 2011/1848; S.S.I. 2010/390; 2013/50 amended & S.S.I. 2012/89 revoked with saving. Territorial extent & classification: S. General. EC note: Parts 1 to 4 of these Regulations implement Directive 2014/25/EU on procurement by entities operating in the water, energy, transport and postal services sectors and repealing Directive 2004/17/EC. Part 5 contains provisions about remedies (and their facilitation) in relation to a procurement within scope of Parts 1 to 4. These provisions replace Part of the 2012 Regulations and implement Council Directive 92/13/EEC on coordinating the laws, regulations and administrative provisions relating to the application of Community rules on the procurement procedures of entities operating in the water, energy, transport and telecommunications sectors


The Law of Public and Utilities Procurement

The Law of Public and Utilities Procurement

Author: Sue Arrowsmith

Publisher:

Published: 2018-10-31

Total Pages:

ISBN-13: 9780414024922

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This new edition of a work regarded as "the bible" on procurement issues provides a detailed analysis of the legal and policy framework for procurement in the EU and UK. It includes detailed explanations and critique of the impact of the important new EU directives that will be adopted in 2014


Intellectual Property Rights

Intellectual Property Rights

Author: Nikolaus Thumm

Publisher: Springer Science & Business Media

Published: 2013-03-09

Total Pages: 169

ISBN-13: 3662121018

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This book is the result of the PhD project I started four years ago at Europa-Kolleg Hamburg. I had the great opportunity to work on it for one year at the European University Institute in Florence and to finalise the oeuvre during my stay with the European Commission's Institute for Prospective Technological Studies in Seville. The subject matter of the book is intellectual property rights, patents in particular, and their process of harmonisation in Europe. At the beginning of the work, the intention was not to focus immediately on one narrow field in the huge realm of intellectual property rights but rather to open my mind in order to capture a broad variety of new ideas and concepts in the book. The work at three different institutes in three different European countries over the period of four years naturally exposed the work to diverging ideas and the exchange of views with many people. This is one reason for the wide spread of topics ordered around the given leitmotif, such as epistemological foundations, political background information,. the protection of biotechnological inventions and the building up process of intellectual property right systems in the countries of Central and Eastern Europe. In chapter two I take up Polanyi's differentiation of codifiable and tacit knowledge. Applying these concepts to my own work I realise that this book is only the visible and codified part of knowledge I was able to capture.


The Markets in Financial Instruments (Amendment) (EU Exit) Regulations 2018

The Markets in Financial Instruments (Amendment) (EU Exit) Regulations 2018

Author: Great Britain

Publisher:

Published: 2018-10-22

Total Pages: 92

ISBN-13: 9780111173480

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Enabling power: European Communities Act 1972, s. 2 (2) & European Union (Withdrawal) Act 2018, s. 8 (1), sch. 7, para. 21. Issued: 22.10.2018. Sifted: -. Made: -. Laid: -. Coming into force: In accord. with reg. 1 (2) (3), Effect: S.I. 2001/544, 699; 2017/699, 701 amended. Territorial extent & classification: E/W/S/NI. EC note: These Regulations are made in exercise of the powers in section 8 of the European Union (Withdrawal) Act 2018 in order to address failures of retained EU law to operate effectively and other deficiencies arising from the withdrawal of the United Kingdom from the European Union (and in particular, the deficiencies under paragraphs (b), (c), (e), (f) and (g) of section 8(2)). They amend the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001, the Financial Services and Markets Act 2000 (Markets in Financial Instruments) Regulations 2017, and the Data Reporting Services Regulations 2017. They also amend Regulation (EU) No 600/2014 on markets in financial instruments and Commission Delegated Regulation 2017/565/EU supplementing Directive 2014/65/EU of the European Parliament and of the Council as regards organisational requirements and operating conditions for investment firms and defined terms; and Commission Delegated Regulation 2017/567/EU supplementing Regulation (EU) No 600/2014 of the European Parliament and of the Council with regard to definitions, transparency, portfolio compression and supervisory measures on product intervention and positions.For approval by resolution of each House of Parliament


Uncitral Legislative Guide on Public-Private Partnerships

Uncitral Legislative Guide on Public-Private Partnerships

Author: United Nations

Publisher:

Published: 2020-12-28

Total Pages: 300

ISBN-13: 9789211303995

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The Model Legislative Provisions and the Legislative Guide on Public-Private Partnerships were prepared by the United Nations Commission on International Trade Law (UNCITRAL) and adopted at its fifty-second session (Vienna, 8-19 July 2019). In addition to representatives of member States of the Commission, representatives of many other States and of several international organizations, both intergovernmental and non-governmental, participated actively in the preparatory work. The Model Legislative Provisions translate into legislative language the advice given in the recommendations contained in the Legislative Guide. The Model Legislative Provisions are intended to assist in the establishment of a legislative framework favourable to public-private partnerships (PPPs). The Model Legislative Provisions follow the corresponding notes in the Legislative Guide, which offer an analytical introduction with references to financial, regulatory, legal, policy and other issues raised in the subject area. The user is advised to read the Model Legislative Provisions together with the Legislative Guide, which provide background information to enhance understanding of the legislative recommendations. The Model Legislative Provisions deal with matters that it is important to address in legislation specifically concerned with PPPs. They do not deal with other areas of law that, as discussed in the Legislative Guide, also have an impact on PPPs. Moreover, the successful implementation of PPPs typically requires various measures beyond the establishment of an appropriate legislative framework, such as adequate administrative structures and practices, organizational capability, technical expertise, appropriate human and financial resources and economic stability.


The State Aid (EU Exit) Regulations 2019

The State Aid (EU Exit) Regulations 2019

Author: GREAT BRITAIN.

Publisher:

Published: 2019-01-23

Total Pages: 84

ISBN-13: 9780111178768

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Enabling power: European Union (Withdrawal) Act 2018, s. 8 (1), sch. 7, para. 21. Issued: 23.01.2019. Sifted: -. Made: -. Laid: -. Coming into force: In accord. with reg. 1 (1). Effect: 2001 c. 16; 2002 c. 40; 2009 c. 1; 2013 c. 24; S.I. 1977/2157 (N.I. 28); 2003/1370, 2712; 2004/3206; 2005/277, 477, 590; 2007/1933; 2009/2331; 2010/948; 2012/1976; 2014/2939, 3348; 2016/607; S.S.I. 2010/44; 2012/48; 2016/119, 120; 2017/61; 2017/85; 2018/65; S.R. 1996/447; 2005/55, 126; 2007/205; 2015/402 amended. Territorial extent & classification: E/W/S/NI. For approval by resolution of each House of Parliament. EC note: These Regulations are made in exercise of the powers in order to address failures of retained EU law to operate effectively and other deficiencies. The main amendments made by these Regulations include: (a) transferring state aid regulatory functions of the European Commission to the Competition and Markets Authority (CMA); (b) replacing references to the European Commission assessing compatibility of state aid with the internal market to the CMA deciding whether to approve state aid; (c) replacing the test of whether state aid affects trade between Member States with a test ofwhether state aid affects trade between the United Kingdom and the European Union; (d) restating large parts of the EU procedural provisions with appropriate deficiency corrections.


Independent Administrative Authorities

Independent Administrative Authorities

Author: Roberto Caranta

Publisher: British Institute for International & Comparative Law

Published: 2004

Total Pages: 0

ISBN-13: 9780903067492

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Independent administrative authorities have become a permanent feature of the institutional landscape over past decades. The need for institutions with both impartiality and technical expertise has led to an increase in number and scope of independent administrative authorities. Independent administrative authorities regulate stock markets and financial institutions; they protect fundamental rights such as access to administrative documents. There is however a conflict between independence and accountability. In some ways, independent administrative authorities are at odds with the traditional notion of separation of powers which still lies at the heart of constitutional thinking. This book aims to shed light on how different legal jurisdictions have articulated their answers to this tension, at the same time discussing how separation of power has been twisted or reworked to make room for this novel form of public authority.