Monthly Archives: December 2014

ILN Today Post

Tenancy deposits: a new trap

Since 2007, landlords who take a security deposit from an “assured shorthold” tenant (most short residential tenancies are assured shortholds) have had to protect the deposit. The landlord protects the deposit either by registering it with an insurance-based scheme or, alternatively, by lodging the deposit with a government approved custodian. The landlord must also serve “prescribed information” on the tenant. This is a pre-printed notice that sets out the terms of the deposit and explains to the tenant what its rights are if there is a dispute in relation to the deposit at the end of the tenancy. If the landlord fails to protect the deposit, or to serve the prescribed information on the tenant, within 30 days of the date on which the lease was granted, the landlord may have to return the deposit to the tenant and also faces a fine of up to three times the value of the deposit.  More…

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ILN Today Post

FIDIC explained

Background

FIDIC is the acronym for Fédération Internationale des Ingénieurs-Conseils, which is the French language name for the International Federation of Consulting Engineers. FIDIC has been around for 101 years and is principally an organisation which acts in the interests of, and educates and informs, its members. Each member is the national association of consulting engineers in the relevant territory. For example, in the UK, it is the Association for Consultancy and Engineering, in Korea it is the Korea Engineering and Consulting Association, in Singapore it is the Association of Consulting Engineers Singapore, and in Malaysia it is the Association of Consulting Engineers Malaysia. More…

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ILN Today Post

Jurisdiction and Commercial Agents Regulations

The Commercial Agents (Council Directive) Regulations 1993 entitle commercial agents to an indemnity or compensation on termination of their agency contract, and the right cannot be excluded. This can come as a surprise to principals outside the EU who are unfamiliar with the concept.

In a landmark case, in which Fladgate acted for the claimant, the European Court of Justice held that a US state choice of law clause could not be used to evade liabilities under the Regulations, as any clause that sought to derogate from the regulations would be unenforceable. (Ingmar GB Limited vEaton Leonard Technologies Limited (Case C 381/98) [2000] EUECJ). However, in the recent case of Fern Computer Consultancy Limited vIntergraph Cadworx [2014] EWHC 2908 (Ch) a Texan choice of law and jurisdiction clause managed to obstruct an agent’s claim.  More…

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Scots Economy Growth Slows But Employment on Rise

The Scottish economy is set for further growth in 2015 but at a smaller rate than the 2014 level.

According to a survey carried out by the Bank of Scotland, November saw the smallest economic growth in 2014, with the trend expected to continue into 2015, with the survey finding the private sector in Scotland to have one of the slowest growth rates in the UK.

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NLRB Holds Employees Have the Right to Use Company Email Systems for Union Organizing

The National Labor Relations Board has ruled in its decision in Purple Communications, Inc., that “employee use of email for statutorily protected communications on nonworking time must presumptively be permitted by” by employers who allow provide their employees with access to email at work.  While the majority in Purple Communications characterized their decision as “carefully limited,” in reality it appears to be a major game changer.

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"FAA Playing Fast and Loose With Passenger Safety and Flight Delays," Steve LaTourette for Roll Call

At a time when U.S. airline passengers are experiencing the highest rate of flight delays in more than 20 years, the Federal Aviation Administration is proposing radical changes to its air traffic control management programs that could lead to further flight delays, cancellations and jeopardize aircraft and passenger safety.

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Tax Alert: Tax extenders bill likely to pass by year end

The 2014 “Tax Extenders” bill was passed by the House of Representatives last week, paving the way for a last-minute reprieve for many popular tax breaks. It still requires approval by the Senate and the President, but all indications are that this will happen by the end of the year. Although many of the approximately 50 provisions are geared toward very narrow categories of taxpayers, several popular business tax breaks will be resuscitated for 2014. It is important to be aware the extension is only effective through the end of 2014 – yes, for just a few weeks.

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Ohio Statehouse Update: This Week in Ohio — December 12, 2014

he Ohio Senate stayed through the night on Dec. 11, wrapping up activity for the year early into the next morning. Negotiations lasted through the night between House and Senate leadership before a deal was reached on House Joint Resolution 12 to establish a new redistricting process.

The Senate tweaked the House proposal to ensure that there would not be more than two legislative district maps in a 10-year period in the event of an impasse by the Apportionment Board (Board). The resolution also provides guidance to the Board on what considerations should be made when drafting the new maps, such as keeping counties, municipalities, and townships together to the extent possible.

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McDonald Hopkins Government Strategies Advisory: This Week in Washington — December 12, 2014

On Thursday morning, House Republican leadership narrowly cleared a major hurdle in their race to keep the government open, winning a key procedural vote on a massive spending bill. Passage of the rule governing debate for the “CROmnibus” bill occurred by a razor-thin, 214-212, margin; it occurred only after leadership convinced two Republican no votes to switch their votes.

After recessing the House for several hours as they hunted for more support, GOP leaders finally called for a vote just after 9:00 p.m. The victory was earned by another razor-thin margin, 219 to 206, this time on the backs of 58 Democratic votes, despite opposition by House Minority Leader Nancy Pelosi (D-CA).

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Larry Munn to present to the BC Society of Fellows

Larry Munn will be presenting today at a luncheon seminar being put on by the BC Society of Fellows of The Insurance Institute of Canada. Larry will be speaking on what insureds need to know about cyber liability exposures since corporations are increasingly becoming the victims of cyber-related attacks that result in data breaches and its misappropriation or misuse. The BC Society of Fellows is a registered non-profit Society of graduates of The Insurance Institute of Canada’s Fellowship program formed to provide a forum for members to exchange views on insurance and related matters.

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