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Supreme Court clarifies scope of regulatory discretion on environmental reviews | Blake, Cassels & Graydon LLP

In a unanimous decision released on 21 January 2010, the Supreme Court of Canada clarified the discretion of a federal responsible authority (RA) to make decisions regarding the scoping of projects for purposes of the federal environmental assessment (EA) process. In MiningWatch Canada v Canada (Fisheries and Oceans) [2010], the court overturned a Federal Court …

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Remoteness of damage: Supershield brings commercial background to the fore | Edwards Wildman Palmer UK LLP

Supershield Ltd v Siemens Building Technologies FE Ltd [2010] takes us back to the nuts and bolts of contract law – to the question of remoteness of damage. A type of loss resulting from a breach of contract cannot be recovered if it is too remote. The law in this area has become unsettled in …

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Tax and social policy | Jones Day

The world of tax is quite interesting at the moment – to me, at least – because it brings into sharp focus the way that tax is used as an instrument of policy and what role it is playing in the field of social policy. It is hardly news that the state of public finances …

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Competition law developments in CEE and SEE countries | Wolf Theiss

Last year saw an increase in legislative activities concerning competition law in several central and eastern European (CEE) and south-east European (SEE) countries. The non-EU member countries in the region continue to harmonise their competition law regimes with international standards applicable in most jurisdictions in the EU. This should facilitate the competition law assessment for …

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Access all areas: how safe is your commercially sensitive environmental information? | Burges Salmon

Access to environmental information often creates conflict between the rights of citizens to understand the environment in which they live and the legitimate confidential interests of businesses that provide services to public bodies. The Environmental Information Regulations (EIR) 2004 came into force over five years ago, but there are still frequent skirmishes in the courts …

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Asset confiscation: the ultimate penalty? | DLA Piper

As an increasing number of criminal offences are now covered by the confiscation regime, Caroline Lee (left) and James Moss (right) look at how the legislation has been used and provide guidance for in-house lawyers who may face the consequences Many jurisdictions have legislation that permits regulators to confiscate assets obtained by those convicted as …

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Look before you leap: anti-corruption due diligence in M&A | DLA Piper

It is a well-established practice that companies carry out merger and acquisition (M&A) due diligence using a suite of questions and documentary information requests aimed at establishing legal, financial and reputational risks. However, as enforcement trends in corruption are a relatively recent phenomenon, proper and thorough anti-corruption due diligence is often overlooked.

Jackson review: cost of litigation investigated | Bond Dickinson LLP

Nathan Peacey (left) and Davina Watson (right) discuss Jackson LJ’s findings and his suggestions for reform to control costs, changing the civil litigation landscape to promote access to justice through new management procedures IN 2008 AMID MOUNTING CONCERN among the judiciary at spiralling litigation costs, the Master of the Rolls commissioned Jackson LJ to undertake …

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Changes to British citizenship following the Borders, Citizenship and Immigration Act 2009 | Magrath Sheldrick LLP

The Borders, Citizenship and Immigration Act (BCIA) 2009 received Royal Assent last year. BCIA 2009 makes changes to border functions and several miscellaneous immigration matters. However, the most significant change it introduces affects how foreign nationals may acquire British citizenship in the UK. This article seeks to highlight these changes in some detail. Introduction An …

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RES-electricity: navigate the regulatory labyrinth | Wolf Theiss

The 14 jurisdictions of Central, eastern and south-eastern Europe (CEE and SEE), where Wolf Theiss concentrates its energies, are equally divided between seven members of the EU (Austria, Bulgaria, Czech Republic, Hungary, Romania, Slovakia and Slovenia), and seven members of the Energy Community, established by the Energy Community Treaty in October 2005 (Albania, Bosnia and …

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