PwC Legal’s Stewart Room warns that emerging regimes on data protection and cyber security will present new challenges for GCs. If you’re observing the developing legal environment for cyber security and data protection and just happen to have an interest in star-gazing, you might have an image of a planetary nebula in your mind’s eye, …
Wiggin’s Simon Baggs says online counterfeiting is an exploding global problem but Google is doing nothing about it. Finding counterfeit goods is simple – Google leads you straight to them. These goods are always inferior and sometimes extremely dangerous. Sellers range from small operators selling one or two items using online marketplaces, to larger operators using …
Continue reading “Who is fuelling the counterfeiting fire? The search is on”
The Migration Advisory Committee (MAC) is an independent body commissioned to advise the Government on migration issues. On 19 January 2016, the MAC published its greatly anticipated review of the current Tier 2 category under the Points Based System. Specifically, the MAC was tasked to advise the Government on proposed changes designed to address the …
Continue reading “Home Office Announce Changes to Tier 2 Immigration Route following MAC Review”
The Energy Act 2011 (the Act) called for the introduction of regulations affecting the leasing of properties with poor energy performance in Scotland, England and Wales. The Assessment of Energy Performance of Non-domestic Buildings (Scotland) Regulations 2016 implements the Act in Scotland, and the Energy Efficiency (Private Rented Property) (England and Wales) Regulations 2015 implements the …
For those dealing with transactions and businesses in Scotland it is important to remember that Scots Law differs from English Law in a number of respects, and one of area of difference which has, in the past, caused much gnashing of teeth (particularly during late night closing processes) is the law around the requirements for …
The High Court has ruled in a case regarding a director’s conduct in relation to an administration pre-pack sale. In Capital for Enterprise Fund A LP and Maven Capital Partners UK LLP v Bibby Financial Services Ltd [2015], the secured loan creditors claimed that they suffered loss as a result of one of the directors …
Continue reading “Points on pre-packs: directors’ duties in an administration sale”
Marks and Spencer plc v BNP Paribas Securities Services Trust Company (Jersey) Ltd [2015] is set to be the leading authority on implied terms for some time to come. The Supreme Court confirmed that the more restrictive test of strict necessity remained applicable in all cases. All practitioners must understand the impact of the decision …
Continue reading “M&S and implied terms: better not left unsaid…”
Right to rent checks were introduced by the Immigration Act 2014 and, following a successful pilot scheme in parts of the West Midlands, became effective for all private tenants in England from 1 February 2016 (currently, the scheme does not apply in Scotland, Wales or Northern Ireland).
Damages litigation in a commercial context is often viewed as a distinctly double-edged sword: your company may have been harmed and may have lost significant money or opportunity but the cost of recovering these, the time involved and the exposure in potentially not succeeding often lands such potential claims in the distant corners of the …
Continue reading “The rise of third-party funding: turning potential claims into a profit centre”
When a business has a dispute, it is important for it to properly evaluate its options in terms in how best to resolve the matter on a commercial basis. This should involve a review of any relevant contract(s) giving rise to the issues in dispute for any applicable choice of law and jurisdiction provisions, as …