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Continued uncertainty for international manufacturers in the US | Shook, Hardy & Bacon

For manufacturers that export, a key strategic issue for in-house counsel is assessing the risk of being sued in another jurisdiction – particularly the US. In 2011 Sarah Croft, of Shook, Hardy & Bacon International LLP, reported on two decisions of the US Supreme Court which reaffirmed that non-US manufacturers cannot be sued in a …

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Parking rights: here to stay? Consent might be the surprising answer | Falcon Chambers

In the field of the acquisition of easements by prescription, little has caused more consternation over the last decade or so than the question of whether a right to park cars can be acquired by twenty years user as of right. The types of property capable of being adversely affected range from individual residential units …

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Scottish planning obligations: modification and discharge – the story so far
 | Brodies

Planning obligations1 (formerly agreements), which restrict or regulate the use or development of land, perform a crucial function within the planning system. In Scotland in particular, where the community infrastructure levy has not been adopted, the planning obligation continues to be the primary mechanism for the delivery of much needed local and regional infrastructure through …

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”

What’s in a name? High Court delivers ruling on availability of rectification for misnomer and mistake in Liberty Mercian v Cuddy | Edwards Wildman Palmer UK LLP

Correctly recording the name of a contracting party within written documentation sounds elementary. However, the reality is that in the modern corporate age, where companies within the same group often use very similar names to one another and further compound confusion by using generic trading names, identifying the appropriate contractual party is not so straightforward. …

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Climate change from science to business: the game changing report from 
the IPCC | Burges Salmon

Some are hailing it as a ‘landmark’ report. Other prominent figures in the business world are saying it is the ‘tipping point’ on climate change – they are talking about the Summary for Policymakers of the fifth assessment report, which was published by the Intergovernmental Panel on Climate Change (IPCC) at the end of September. …

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the IPCC”

Employing Croatian nationals following the country’s entry into the EEA | Magrath Sheldrick LLP

On 1 July 2013, Croatia joined the European Economic Area (EEA) and, as 
such, Croatian citizens are now able to enter and reside in the UK without needing to acquire a visa – provided they are not an unreasonable burden on public funds. In order to remain in the UK longer than three months, they …

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You can’t always get what you want | Macfarlanes

Recent cases have illustrated a growing trend of third parties, often themselves involved in litigation, seeking to obtain documents not only from the court file, but also at trial, in relation to other similar or related litigation. This bulletin summarises the law and practice in relation to the different categories of documents that are frequently …

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EU product safety and market surveillance package | Shook, Hardy & Bacon

As part of the European Commission’s continued commitment to product safety, the Commission has proposed a product safety and market surveillance package for ‘safer products and more fair play in the internal market’. The aim is two-fold: primarily, strengthening consumer protection with a new Regulation on Consumer Product Safety (COM (2013) 78). Secondly, rationalising and …

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The Taylor Report: worth 
the wait? | Brodies

The long-awaited Review of Expenses and funding of civil litigation (The Taylor Report) was published on 11 September 2013. This independent review by the former Sheriff Principal of Glasgow and Strathkelvin, James Taylor, began in March 2011 and culminated in a report detailing 85 recommendations that are designed to improve ‘access to justice in a …

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the wait?”

Excluding liability for refusal to perform a contract | Edwards Wildman Palmer UK LLP

Exclusion clauses are a key mechanism for managing risk in contractual arrangements. In particular, exclusion clauses are commonly used to exclude liability for breaches of the contract, or other contractual claims arising out of it, although they may also seek to exclude liability more widely.