The revised Energy Bill was published on 29 November 2012 after extensive consultation following publication of the government’s electricity market reform (EMR) proposals in December 2010. The Bill will push through fundamental reforms to the UK electricity market that will affect the entire sector in one shape or form. Continue reading “An analysis of electricity market reform: the future for low-carbon energy”
As a general rule, the English courts will not enforce an illegal contract or provide for any other remedies that arise out of it. However, in determining the consequences of illegal acts carried out pursuant to a contract, the courts will distinguish between those contracts that are said to be illegal at their formation, and those that are illegal through performance. Continue reading “Illegality in contracts”
It is generally understood that one of the key differences between Scottish and English remedies for breach of contract is the Scottish courts’ focus on implement (or performance) rather than damages as the primary remedy for breach. It is true that, in most cases, we do tend to end up arguing about damages, but this change in focus can give rise to some interesting differences north and south of the border, particularly in the context of interim remedies. Continue reading “Kilted contractual remedies: compelling performance”
The Organisation for Economic Co-operation and Development (OECD) has launched a global online consumer product recall portal that gives consumers, businesses and governments easy access to the latest information on products recalled from the markets in Australia, Canada, Europe and the United States. The portal may be accessed at: www.globalrecalls.oecd.org. Continue reading “The OECD’s new global online consumer product recall portal presents both benefits and risks for businesses selling products abroad”
In Royal Bank of Scotland plc v FAL Oil Company Ltd & ors [2012], Mrs Justice Gloster held that the English court had jurisdiction to grant a worldwide freezing injunction and worldwide disclosure orders despite the defendants not having any assets in the jurisdiction and the substantive claims being pursued in the UAE. Continue reading “Absence of assets: no bar to worldwide freezing order jurisdiction”
On 31 October 2012, Premier Wen Jiabao presided over an executive meeting of the state council, at which draft amendments to the Trade Mark Law of the People’s Republic of China were deliberated and adopted. Continue reading “Recent developments in Chinese trade mark law”
For our review, we have considered ten notable Scottish cases decided this year in the commercial and public law fields, which include the action brought by the administrators of Rangers FC, a landmark decision striking down an Act of the Scottish parliament, and different approaches to contractual interpretation. Continue reading “A review of this year’s notable cases in the Scottish courts”
Days after a trial court in Italy found six scientists guilty of manslaughter due to their failure to predict an earthquake, the Italian Supreme Court also hit the news after ruling in an employment case that mobile phones can cause brain tumours in heavy users. Sarah Croft, of Shook Hardy & Bacon International, assesses the potential implications of this most recent decision on future litigation relating to mobile phones in Italy and elsewhere. Continue reading “Italian Supreme Court rules mobile phones can cause brain tumours ”
This article deals with two situations that occur frequently in connection with a transfer of undertaking, namely: i) dismissal of personnel and ii) harmonisation of employment conditions.
In the case of a transfer of undertaking, the employees of the transferred undertaking will enter the service of the acquiring undertaking by operation of law. Pursuant to Article 7:663 of the Dutch Civil Code, the rights and obligations arising from the employment contracts that existed at the transferor will transfer to the acquirer by operation of law. Both written and oral agreements will transfer. Continue reading “Transfer of undertaking and changes to personnel and employment conditions within the organisation: not always a simple matter ”
The Supreme Court has recently considered the issue of state immunity in the case of SerVaas Incorporated v Rafidain Bank & ors [2012].
The issues in the appeal were concerned with the scope of a state’s immunity from execution in respect of a judgment already made against it, rather than a state’s immunity from suit. However, the case offers an opportunity to revisit the law in this area in general. Continue reading “SerVaas v Rafidain: state immunity”
Recent well-known trade mark cases in Indonesia have revealed a somewhat worrying trend: a number, not by any means insignificant, of first instance decisions of the Commercial Court have been erratic, suffering from questionable reasoning. Many have been overturned on appeal.
This situation differs markedly from that which prevailed in the not too distant past, when the Commercial Court first assumed jurisdiction over cases concerning well-known marks in addition to its bankruptcy caseload. Then, the quality of its decisions was high, and its judgments well reasoned. As a result, there were fewer appeals. Continue reading “A recent trend in well-known mark litigation in Indonesia ”
In the November 2011 issue of The In-House Lawyer we looked at the Court of Appeal decision in New Cap Reinsurance Corporation Ltd (in liquidation) & anor v Grant & ors (as members of Lloyd’s Syndicate 991 for the 1997 Year of Account) & anor [2011] and the decision, also in the Court of Appeal, of Rubin & anor v Eurofinance SA & ors [2010], which preceded it. Continue reading “The long arm of insolvency law disarmed”