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Engine emissions from non-road mobile machinery: changes to regulatory regime on the horizon | Burges Salmon

Non-road Mobile Machinery (NRMM), which covers a wide array of different types of machinery from construction machinery and locomotives to garden equipment, is currently subject to specific air quality legislation. This article outlines the current regime and then discusses new European Commission proposals for a revision of the EU-wide law applied to NRMM. The changes …

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Back to the future: the only constant in life is UK immigration law | Magrath Sheldrick LLP

Heraclitus was probably right when he said in 500BC that ‘the only constant in life is change’. However, if he was living or working in the UK today as an overseas national, he would probably rephrase this by saying that the only constant is UK immigration law, judging by the frequency with which it changes.

Buying businesses from administrators: now is the time to prepare | Druces LLP

As daily news heralds the emergence of the British economy from the worst recession since the 1930s it may seem a strange time to suggest that companies should consider acquiring businesses from companies which go into an insolvency process. However, looking back at past recessions shows that, apart from a spike of insolvencies when the …

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Brussels flexes its muscles in support of forum choice clauses | Pinsent Masons

‘Jurisdiction’ is the power of a court to entertain an action or other proceeding. When parties enter into a transaction they usually include a ‘jurisdiction clause’ alongside a ‘governing law clause’ to determine where and subject to which country’s laws, any future issues should be determined.

Article 8 defences to possession claims | Falcon Chambers

The Human Rights Act (HRA) 1998 enshrines various rights derived from the European Convention for the Protection of Human Rights and Fundamental Freedoms in the law of England and Wales. For defendants facing a claim for possession, the rights under Article 8 of the Convention may offer a possible defence. Whether such an argument can …

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Scottish charity law | Brodies

Charities and philanthropy continue to have important roles in commercial and public life. Charitable organisations are now used to undertaking a wide array of services and activities that historically would not have been immediately associated with the charities sector. In Scotland, we are nearing the end of the first decade of having in place a …

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Penalty clauses: no one is immune | Cooley

All too often parties amending a term of a contract will give insufficient consideration to how the amended term will interact with the remainder of the contract. Where the contract contains a liquidated damages clause, parties must be alive to the fact that the amendments may lead to a change in the value of the …

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Carbon capture and storage: next steps for the UK | Burges Salmon

Carbon Capture and Storage (CCS) has great potential as a means of achieving dramatic reductions in the carbon dioxide (CO2) produced by combustion. The real questions about CCS remain over the technical viability of CCS and storage at scale, and the commercial and other barriers to its wider deployment. CCS involves: capturing CO2 from power …

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Current crisis in US illegal immigration | Magrath Sheldrick LLP

Violence in central america drives child migrants to the US border. Child migrants fleeing to the United States has led to an unprecedented humanitarian crisis. The vast majority of these migrants come from Honduras, El Salvador and Guatemala – all struggling with levels of violence tantamount to a political insurgency. Street gangs have turned Honduras …

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When diamonds aren’t forever… mishandling termination of contracts | Pinsent Masons

Terminating a commercial contract can be fraught with pitfalls and too often a decision is taken to terminate without a full appreciation of the legal and financial consequences. The High Court underlined those risks in the recent case ofComau UK Ltd v Lotus Lightweight Structures Ltd [2014], and took the opportunity to lay down guidance …

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