Most commentators are agreed that 2012 will be an extremely difficult year for business globally and particularly in the eurozone. In the UK, both landlords and tenants are going to have to be acutely aware of their legal rights in a climate where many more business failures are predicted. The law relating to the insolvency …
Continue reading “Administrators, landlords and tenants: an update”
Going into 2012, we’re now a decent enough distance away from September 2008 to know that the world changed and that the next few years will continue to be, well, different or the new normal, depending on your point of view. 2008-09 more or less coincided with the generational shifts that the internet is bringing …
Continue reading “Trends in information technology law: looking ahead to 2012”
The Indian economy, though not as well developed as many of its western counterparts, has always been typified by its entrepreneurial nature. For a foreign investor familiar with the Indian commercial landscape, the Indian promoter is a very recognisable figure. While some of the world’s richest promoters are Indian, India also has a very robust …
Continue reading “FDI in MSM enterprises: sound documentation equals sound protection”
Restricted certificates of sponsorship: the system of applying for restricted certificates of sponsorship was introduced on 6 April 2011. Restricted certificates are required by overseas nationals who will be employed on a salary of less than £150,000 per annum and who are currently living overseas.
It seems that every day brings a news report of corporate wrongdoing or control failures somewhere in the world – rogue traders, corruption, fraud, tax evasion, price fixing, environmental disasters and export control issues.
In this article, we review case law from South Australia Asset Management Company Ltd v York Montague Ltd [1997] to Rubenstein v HSBC Bank Plc [2011] to examine the current approach to assessing loss in economically volatile times. Assessing recoverable loss in tort claims is sometimes a knotty problem. Breach of a duty of care can …
Continue reading “Assessing recovery of loss in tort claims during an economic downturn”
On 18 October 2011 the Energy Act 2011 (the Act) received royal assent and passed into law, less than a year after it was introduced to the House of Lords on 9 December 2010.
Undertakings for Collective Investment in Transferable Securities (UCITS), are open-ended, regulated investment funds. Since their inception in 1985, UCITS have been regulated by Directive 85/611/EEC, known as UCITS I. UCITS I has been substantially amended several times, most importantly by Directive 2001/107/EC and Directive 2001/108/EC, these amendments generally being known as UCITS III.
Where two large businesses contract, there is an assumption that they appreciate the consequences of the contractual wording adopted. In such circumstances courts tend to give effect to the literal meaning of those terms in a contract. In Gesner Investments Ltd v Bombardier Inc [2011] the Court of Appeal was asked to interpret the terms …
Continue reading “Interpreting commercial contracts: a plane task?”
The judgment of the UK Supreme Court in the case of AXA General Insurance Ltd & ors v The Lord Advocate & ors [2011], issued on 12 October 2011, marks the end of a long and winding litigation in which all manner of questions of Scottish public and administrative law have been examined. These include …
Continue reading “AXA ruling raises as many questions as it answers”