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Maintainability of writ petitions against interdepartmental communications of the government that do not finally determine any right or obligation of the parties | Amarchand Mangaldas

In the recent case of State of Orissav M/s Mesco Steels Ltd (decided on 6 March 2013), the Supreme Court examined the question of whether a writ petition (initiated under Article 226 of the Constitution of India) filed by the respondent company against the state government of Orissa was premature, inasmuch as the same was …

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The EC Commission’s proposal for changes to the EC regulation on insolvency proceedings | Druces LLP

The EC regulation on insolvency proceedings1 (the Regulation) was introduced as a directive taking effect in the laws of member states of the European Union, without the need for member states to pass any local law of implementation. It has been part of EU law and the law of the United Kingdom since 31 May …

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There’s a new sheriff in town: the Jackson reforms and the new culture of ‘robust’ case management
 | Macfarlanes

In his final report into the costs of civil litigation in England and Wales, Jackson LJ expressed the view that: ‘… courts at all levels have become too tolerant of delays and non-compliance with orders. In so doing they have lost sight of the damage which the culture of delay and non-compliance is inflicting on …

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”

The US Supreme Court reins in the Alien Tort Statute and brings relief to global product manufacturers | Shook, Hardy & Bacon

The extra-territorial reach of US courts has long been a source of controversy and consternation for product manufacturers with global operations, due to such features of US law as discovery applications abroad in aid of US litigation,1 
or the threat of the Foreign Corrupt Practices Act.2 Another weapon in the arsenal of US plaintiff lawyers …

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Renewing a business lease: a step-by-step practical guide | Falcon Chambers

In light of the reforms to the Civil Procedure Rules (CPR) which came into force on 1 April 2013, and, in many cases, commercial pressures, in-house lawyers may have to reconsider how to resolve small to medium-sized disputes. The key points are highlighted in the context of a typical lease renewal pursuant to the Landlord …

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Repudiation, anticipatory breach and conditions in a contract for services | Brodies

Kuwait Rocks Company v AMN Bulkcarriers Inc [2013]: in considering that a time charterparty is essentially a contract for the provision of services, the Commercial Court has held that a particular clause, that of the payment of hire, is a condition. The case concerns the interpretation of the hire clause in the NYPE 1946 charter …

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A frustrating accident? Bunge SA v Kyla Shipping 
Co Ltd [2012] | Edwards Wildman Palmer UK LLP

The doctrine of frustration was developed in Taylor v Caldwell (1863). In that case, the plaintiff had agreed to hire a music hall for concerts on four specified evenings. A fire destroyed the music hall before the concerts took place. The 
plaintiff sought damages from the owner 
of the hall on the basis that he …

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Co Ltd [2012]”

Industrial heat use and the Heat Strategy | Burges Salmon

The issues of efficient heat and reducing emissions from the generation of heat are rapidly moving up the political agenda. Industry needs to watch these developments closely and be prepared. Six industry sectors, including chemicals, oil refining, food and drink, basic metals, pulp and paper and non-metallic minerals (including ceramics, cement and glass) are singled …

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Information exchange: don’t slip on the banana skin | Arnold & Porter (UK) LLP

Two recent judgments of the General Court of the EU (the Court)1 provide a stark reminder of the long reach of competition law in relation to exchanges of information between competitors. Although the European Commission’s findings of fact in these cases disclosed a frequent and detailed series of communications concerning future prices, it would be …

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Sanctions and export controls: ignorance 
is not bliss
 | WilmerHale

Over recent months, international 
sanctions and export controls have 
featured heavily in the news; the recent escalation of tension in the Korean peninsula, the ongoing conflict in Syria 
and Iran’s continued attempts to develop nuclear weapons are all examples of international situations where sanctions 
or trade controls are in force. Even 
though these are examples …

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is not bliss
”