An innocent party seeking to claim damages for breach of contract must take reasonable steps to mitigate its losses. This is a well-established principle of English law that has proved many a defendant’s ally.
The consequences of small and large-scale waste crime reach far beyond the unpopular effects on local amenity. Indeed, rogue operators undercut legitimate waste businesses and expose landlords of industrial or commercial premises to regulatory action and financial risk. The environmental, commercial and financial threats posed by waste crime have been recognised by Defra. On 26 …
In late 2013, the Singapore Government announced that the introduction of the Fair Consideration Framework (FCF) would be made mandatory on all employers of foreign nationals in Singapore with effect from 1 August 2014. Since this date, all employers doing business in Singapore have been expected to consider Singaporeans fairly for job vacancies and to …
Continue reading “Fair Consideration Framework: one year on”
A recent Court of Appeal decision has examined the complex issues relating to the law applicable to the cross-border trusts in the context of the winding up of a substantial Middle Eastern investment vehicle. The case is of general application to cross-border trusts but is of particular interest in the context of insolvency where the …
The increase in M&A transactions which many firms have seen in recent times will inevitably spawn a rise in the disputes which follow when a buyer has not bought quite what it had bargained for. The extent of the warranty given by a seller is an important element of the transaction and the value to …
Continue reading “When is a notice of breach of warranty good enough?”
Economic and regulatory changes, developments in the legal market, the increasing volume and complexity of workload for legal teams and the advent of technology are changing how general counsel work, how they see themselves and their position in the organisation. How has being a GC changed and how are GCs managing the evolving requirements of …
The panel appointment process is a necessary method of locking in expertise, rates and service level agreements to provide for the predicted needs of a business over the life of the appointment, creating a more or less predictable level of budgeted legal spend over any given financial year. Litigation, of course, is very difficult to …
Continue reading “Should GCs be appointing more off-panel specialists?”
The Scottish independence referendum and the general election campaign have both thrown a spotlight on employment law, with change looking inevitable. Following the Smith Commission which published its report in November 2014 there is a real possibility that the administration of the Employment Tribunal system will be different in England and Scotland. A new government …
Continue reading “Employment law in Scotland: a different path?”
The High Court’s judgment in Raymond Bieber & ors v Teathers Ltd [2014] has made waves as a result of its interpretation by some as a recognition of a binding settlement agreement concluded with an e-mail that simply stated: ‘Noted, with thanks’. This interpretation ignores an inconsistency in the judgment as to the precise point …
New legislation currently before Parliament promises greater choice for businesses who find themselves out of compliance with the environmental permitting regime. If passed, operators can be proactive in offering remedies – in the form of a civil sanction known as an enforcement undertaking – rather than waiting for the outcome of the Environment Agency’s investigation. …
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