The ongoing House of Fraser sale and leaseback litigation (see box on p61), now due to be heard on 14 June 2011 in the Court of Appeal, brings into sharp focus the issues that can arise from the shifting value of covenant strength between different entities within a corporate group.
The concept of grading of initial public offerings (IPOs) in India was first introduced by the securities market regulator, the Securities and Exchange Board of India (SEBI) in 2006 under the erstwhile SEBI (Disclosure and Investor Protection) Guidelines 2000. It provided issuers with an option to get their proposed IPO graded by SEBI-registered credit rating …
The coalition’s ‘Our programme for Government’ states that it is based around three fundamental principles: freedom, fairness and responsibility. While these principles are not described in detail, they could reflect a balanced approach if construed as follows: the freedom of enterprises (and indeed the need for them) to compete; the responsibility of creditors to treat …
Continue reading “Confusion over future regulation for the consumer finance industry”
Tier 1 (general) is now closed. UK Border Agency (UKBA) has introduced a newly restructured Tier 1 programme. Tier 1 is divided into three sub-categories: entrepreneurs – for those investing in the UK by setting up or taking over, and being actively involved in the running of a business; investors – for high-net-worth individuals making …
Continue reading “Changes to Tier 1 of the point-based system”
The frequency with which entire agreement clauses have come before the courts for consideration demonstrates why it is so important that such clauses are carefully drafted to effectively protect the party seeking to rely on it, particularly with regard to excluding liability for misrepresentations. The recent AXA Sun Life Services plc v Campbell Martin Ltd …
Continue reading “Entire agreement clause is no defence against liability for misrepresentation”
Can it be a surprise that the number of public procurement challenges has recently increased, and continues to increase dramatically, resulting in new savage remedies legislation? Especially given the pressures on business of the global financial crisis and when the drivers for a litigation culture are as diverse as the rising costs of bidding and …
Continue reading “Fast-track public procurement remedies for Scottish business?”
The energy sector is one of the most important sectors in Bosnia and Herzegovina (BiH), boasting a long-standing, continuous development history and enormous potential and opportunities for further investment. This sector is currently subject to extensive reforms and a restructuring process, with the intention to turn it into an integral part of the European energy …
Continue reading “New energy legislation in Bosnia and Herzegovina”
In trade mark infringement actions under s10(2) of the Trade Marks Act 1994, and in passing off actions, one of the key issues for the judge is whether or not the brand name, logo or get-up of the defendant’s product or service is likely to lead consumers to believe that the defendant’s product or service …
Continue reading “Trade mark surveys: what in-house lawyers need to know”
As a result of demographic changes and a new surge in wealth, the Middle East has shown an increasing interest in mitigating risk through insurance. Despite concerns as to whether insurance accords with Islamic Sharia principles (which has been somewhat addressed by the set up of Takaful operators). Insurance is now being considered a social …
The past fifteen years have seen several cases in the IT sector in which the UK courts have had to consider the enforceability of contract limitations and exclusions under the Unfair Contract Terms Act (UCTA) 1977. The courts’ approach in these cases (starting with the landmark decision in St Albans City and District Council v …