Contractual parties are increasingly agreeing to commit themselves to a mutual duty of ‘good faith’, despite the apparent lack of certainty as to the meaning of such a duty. The High Court recently demonstrated the significance of such clauses and showed that a duty of good faith is a meaningful obligation with the potential for …
Earlier this year, the Court of Appeal handed down two important judgments on the environmental impacts of commercial enterprises on their neighbours. The first case, Coventry (t/a RDC Promotions) & anor v Lawrence & ors [2012], concerned noise from a racing circuit and the second case, Barr & ors v Biffa Waste Services Ltd [2012], …
Continue reading “The law of nuisance: the Court of Appeal revisits longstanding principles”
Over the past five years lenders have suffered staggering losses on residential mortgage lending. Many lenders have sought to mitigate these losses by taking legal action against third parties – often valuers and solicitors – alleging that the losses (at least in part) were caused by the negligence of these professionals. In more extreme cases …
Continue reading “Recoveries litigation in the new regulated environment”
After many months promoting the introduction of Deferred Prosecution Agreements (DPAs) in the UK, the solicitor general, Edward Garnier QC, is close to securing his goal. With strong government backing, the support of the incoming director of the Serious Fraud Office (SFO), and, according to Mr Garnier, of the city firms and non-governmental organisations he …
Social media has enthused the psyche of Indians and encouraged them to become a part of the virtual community. It has revolutionised the way we communicate and is now an indispensable part of our lives, empowering us to interact in real time across borders and time zones and connect on a scale previously unimaginable. Social …
The High Court has ruled in favour of the Lonsdale group in two related summary judgment actions: Leofelis SA & anor v Lonsdale Sports Ltd & ors; and Trademark Licensing Company Ltd & anor v Leofelis SA (the Leofelis actions). The applications were in relation to claims stemming from alleged repudiatory breaches of a licence, …
In April 2010 we considered the then proposed Renewable Heat Incentive (RHI) (The In-House Lawyer 179, page 7). Two years on, the RHI is in force and in this article we look at where the RHI has got to and consider some of the practical, commercial and legal issues around the RHI scheme and heat …
Continue reading “Getting into hot water: renewable heat and the RHI”
The number of syndicated loans signed in EMEA in the first quarter of 2012 was less than half the number seen in the same period last year and the pipeline for the remainder of 2012 remains thin, bar any uptick in M&A activity. Banks are operating under tighter capital constraints and are increasingly selective on …
The UK government recently published its response to last year’s consultation on the reform of the UK competition regime. One significant plan is that it will no longer be a requirement to prove ‘dishonesty’ in order to convict individuals involved in a criminal cartel. The government believes that removing the requirement to prove dishonesty will …
Continue reading “The criminal cartel offence and government reforms of competition law”
Following a further raft of changes to the immigration rules on 6 April 2012 and in particular to Tier 2 of the Points-Based System (PBS), sponsors of non-EEA nationals and their HR professionals engaged in recruitment, are now required to fully comprehend the implications of a prospective employee’s UK immigration status to determine their eligibility …