Immigration policy has become one of the primary tranches of political debate within the past few years. Following an increase in immigration to the United Kingdom from the European Union and the rest of the world, the government and politicians continue to promise a reduction in net migration. Such a stance appears to strike a …
A crucial factor in the success of any businesses is its reputation. Changes to the way people communicate, in particular using social media platforms, have made it easier than ever to express publicly an opinion about a person, organisation or state of affairs. This opinion can then potentially be shared to a worldwide readership at …
Continue reading “Defamation and reputation management: differences between Scotland and England”
The Excalibur Ventures LLC v Texas Keystone Inc & ors (Rev 2) [2014] case continues to generate excitement in all parts of the global litigation market. Various commentators have described the costs judgment by Lord Justice Christopher Clarke in that case as a ‘clear warning’, effectively ‘changing the playing field’ for the litigation funding industry. …
Continue reading “Excalibur and the global litigation market”
The High Court’s decision in Richard Edwards v Jahit Ahmet Ashik [2014] has provided useful guidance on what is required to rebut the presumption that fraudulent pre-contractual representations are taken to have induced the recipient into entering a contract. Timothy Fancourt QC, sitting as a Deputy High Court Judge, held that positive evidence that the representee …
The government is expected to produce draft regulations to introduce a new minimum energy efficiency standard for non-domestic and domestic rented buildings.
It is with a melancholy heart that the following observation is made: terrorism is more than ever still a very real threat. Immigration policy remains high on the ‘finger-pointing’ list for being a contributing factor. A fair comment? It’s far from an easy one to call. Recent press will show that proposals have been made …
In April 2014, the pan-European car park operator, Apcoa, obtained the sanction of the High Court in England to a set of schemes of Arrangement under Part 26 of the Companies Act1. With the group’s finances under pressure, this step was taken purely in order to extend the term of its loan facilities. In September, …
Most people in the commercial world, even if not lawyers, are aware of what a contract is and may even have heard of a duty of care. Many may even appreciate that a breach of either can give rise to a legal liability. Fewer, however, are familiar with the concept of the fiduciary obligation and …
Continue reading “Beware the long reach of fiduciary obligations”
In Scotland, we have had the benefit, and in some cases experienced the challenges, of more than a decade of market globalisation. On the whole this has been a very positive trend that has presented tremendous opportunities for those who have spotted the potential for business growth in new markets and have invested accordingly.
Contracting parties have increasingly been agreeing to commit themselves to some form of inter partes discussion prior to the issuance of formal proceedings. This is despite the courts’ historic lack of inclination to find such dispute resolution clauses to be enforceable. However, this looks set to change: in Emirates Trading Agency LLC v Prime Mineral …