Calling on a performance bond should result in swift receipt of the bond amount by the beneficiary. However, there are risks involved in making calls on performance bonds, which can result in complex proceedings leading to delay and cost. Partners Richard Ward and Ben Bruton of Eversheds report on this area of law with attention …
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According to the Department of Energy and Climate Change (DECC) statistics, within the United Kingdom Continental Shelf (UKCS) there are approximately 500 oil and gas installations, 10,000 kilometres of pipeline and over 10,000 wells. As an increasing number of these installations become redundant due to the depletion of oil field reserves, challenging issues are raised …
For anyone who thought that the courts would be more willing to imply terms into contracts following the Privy Council’s decision in Attorney General of Belize & ors v Belize Telecom Ltd & anor [2009] and the Supreme Court’s decision in Rainy Sky SA v Kookmin Bank [2011], the judgment in Procter & Gamble Company …
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Class actions have been a hot topic in recent months due to a number of high-profile actual and threatened class actions south of the border. However, as things stand, class actions do not exist in Scotland. Would Scotland benefit from having a class action procedure and, if so, what form might it take?
Companies are increasingly using judicial review to protect valuable business interests. It is now routine for companies to challenge official decisions not only on the traditional grounds of illegality, irrationality and procedural unfairness, but also by invoking human rights principles and European law. When used effectively, commercial judicial review is a powerful tool. This article …
While the use of nanomaterials continues to grow, for some, concerns remain regarding the potential risks of using these materials and whether there is an adequate regulatory framework. Following up on an article published in The In-House Lawyer in May 2012, Sarah Croft, of Shook Hardy & Bacon International, assesses developments in the regulatory environment …
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For tax reasons, international joint ventures are often structured by using a Dutch private limited liability company. As such, the joint venture company is governed by its mandatory articles of association. Besides the articles of association, the joint venture partners (shareholders) usually also enter into a separate joint venture or shareholders’ agreement to regulate the …
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Following the recent High Court decision in Tamiz v Google Inc [2012], which closely followed the decision by HHJ Parkes QC in Davison v Habeeb [2011] just two months earlier involving the same defendant, you may have been mistaken for thinking that the law was for once attempting to move at the pace of technology. …
Continue reading “Gigantic noticeboard or wall of graffiti? Online libel: are we lost in analogy?”
The recent case of Coogan v News Group Newspapers Ltd & anor [2012] is the latest in a string of claims arising out of the infamous phone-hacking scandal that dominated the media for most of 2011. In this case, the Court of Appeal considered the law of privilege against self-incrimination (PSI). In particular, it examined …
3D printing (or additive manufacturing), that is the use of digital files, eg computer-aided design (CAD) models, to produce three-dimensional objects, is becoming increasingly big news. Special software is used to cut the digital model into layers and create a file, which is sent to a printer to ‘print’ a physical object. Instead of ink, …
The legality of put and call options in India is a subject of intense speculation. It became the subject of controversy when the Department of Industrial Policy and Promotion (DIPP) recently treated ‘in-built options of any type’ as debt; not permissible as foreign direct investment, only to delete the investor-offending phrase without much ado, a …
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From the inception of the Points-Based System (PBS) in November 2008, the UK government has made numerous changes to the Immigration Rules affecting each tier of the PBS. Sub-categories have been added and removed in the last two years, from the removal of Tier 1 (General) in April 2011 to the introduction of Tier 1 …
Continue reading “Immigration update: key changes to Tier 1 and Tier 2”