Following protracted considerations by various parts of the EU legislature, the EU Council of Ministers adopted a new Consumer Rights Directive on 10 October 2011. As can be seen below, the terms of this new Consumer Rights Directive will have a direct effect on the online operations of traders based in the UK and across …
Continue reading “Consumer Rights Directive: the online shopper strikes back?”
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?”
Under UAE law, the commercial pledge is a possessory pledge, which means that the possession of a pledged asset (but not its ownership) is transferred to a pledgee or to an agreed third party as security for the loan.
Business being what it is today, it always carries the risk of contracts not being fulfilled. As a result, directors and key staff are often drawn into managing and remedying issues arising out of contractual breaches or delictual situations. Given that this can result in key personnel being distracted from their strategic and, ultimately, business …