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  15/04/2024

  England and Wales

  Marks and Spencer secures quashing of Secretary of State’s decision to refuse planning permission

  The recent judgment of the High Court in Marks & Spencer Plc v Secretary of State for Levelling Up Housing and Communities [2024] EWHC 452 (Admin) has received a lot of attention given its implications for the repurposing and reuse of existing buildings. The case concerned proposals by Marks & Spencer (“M&S”) to demolish their existing store on Oxford Street, London and to replace it with a nine-storey mixed use office and retail store, including a restaurant and a gym.The case was brought by M&S against the Secretary of State (“SoS”) following his decision...

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  08/04/2024

  Ungarn

  Hungary proposes ex-ante competition tool to regulate essential companies

  On 2 April 2024, the Hungarian Ministry of Justice submitted an omnibus act to the Hungarian parliament proposing the amendment of several Hungarian laws, including the Competition Act. This Proposal’s most noteworthy element is – based on the German example – expanding the Hungarian Competition Authority’s (HCA) toolbox by introducing a new ex-ante regime enabling the HCA to impose obligations on certain companies without first having to demonstrate a violation of the law.This following article summarises the Proposal’s new rules, potential consequences and next steps.PROPOSED...

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  08/04/2024

  Ukraine

  Ukraine discontinues War and Sanctions Portal

  Following a governmental discussion on 19 March 2024, the Ukrainian government announced its decision to shut down a sanctions-related database maintained by the National Agency on Corruption Prevention (NACP).This database, the “War & Sanction Portal”, was created in the first days of Russia's full-scale invasion of Ukraine as part of the implementation of the sanctions plan against Russia (i.e. the Individual Sanctions Roadmap) of the Yermak-McFaul Sanctions Group.Starting with the "International Sponsors of War" section, the Portal was expanded to include additional segments...

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  03/04/2024

  Ukraine

  Register of Damage for Ukraine is open for claims submission

  On 2 April 2024, the Register of Damage for Ukraine opened the claims submission process for compensation for damage, loss or injury caused by Russian aggression against Ukraine. The launch took place as part of the Ministerial Conference "Restoring Justice for Ukraine" co-hosted by the Netherlands, Ukraine and the European Commission at the World Forum in The Hague.As a reminder, the official website of the Register of Damage for Ukraine was launched on 4 March 2024. The website contains the following:documents governing the work of the Register;answers to frequently asked questions on the Register’s...

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  19/03/2024

  Ungarn

  Hungary adopts new regulations on occupational Safety and Health fines and administration

  The Hungarian parliament recently adopted amendments to certain government regulations on occupational matters, and new government regulations on the detailed rules for the amount and imposition of occupational safety and health (OSH) fines, which entered into force on 1 March 2024. The amendments to the government regulations were necessary to ensure consistency between the legislation.The following article summarises these changes.1. Government Decree No 24/2024 (II.14.) amending certain Government Decrees on employmentAmendment to Government Decree No. 320/2014 (XII.13.) on the designation of...

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  13/03/2024

  United Kingdom

  Court of Appeal rules that defence of illegality in civil claim is not available if not guilty of criminal offence by reason of insanity

  In Lewis-Ranwell v G4S Health Services (UK) Ltd and others [2024] EWCA Civ 138, the Court of Appeal recently held, by a majority of 2 to 1, that where a person has committed a crime, but has been found not guilty by reason of insanity, the defence of illegality will not prohibit them from claiming damages from those who were responsible for assessing their mental wellbeing at the relevant time.Whilst these circumstances are unusual, they are not novel. This Judgment is particularly important for providers of mental health services and their insurers.Background – Criminal ProceedingsOn 10...

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