Employer and Public Liability claims are top of the agenda for many finance directors. With their impact on insurance premiums, deductibles and absenteeism levels, it is easy to see why. In particular, small and medium-sized businesses can pay a significant percentage of their turnover on employer and public liability insurance, in already straitened times.
 Continue reading “Tide of change in employer and public liability claims in Scotland”

Following a product recall, there are a number of risks to a business that the directors, senior staff and the legal team should be aware of from the outset and may need to address long after the initial recall.

The dissemination of documents created during a product recall poses a real threat to a company and can have serious implications in the event of a potential criminal prosecution. 
 Continue reading “Risks following a product recall, part 1: disclosure and freedom of information requests”

It is a well-established principle of company law that a company has a separate legal personality from its members (Salomon v A Salomon & Co Ltd [1897]). In certain limited circumstances, such as where the corporate structure has been used for the purposes of a fraud or as a device to avoid an existing contractual or legal obligation, the court will ‘pierce the corporate veil’ but, as a general rule, shareholders will not be liable for a company’s acts or omissions. Continue reading “Sins of the father”

The Gulf region still represents a growing, often untapped, market for international consumer-facing brands. This is particularly true of the most open and accessible of all Gulf markets – the United Arab Emirates (UAE). The UAE occupies a unique position halfway between Asia and the markets of Africa and Europe. In a very short period of time, it has established itself as a major trade, business and financial hub, as well as a major tourism destination. It is the home of two of the world’s fastest growing and most profitable airlines, bringing people into the region from every corner of the world. Estimates put the Emirati population at 10-15% – the remainder being made up of expatriates, both short and long-term residents, from over 190 countries. When tourists/visitors are added to the mix, a unique market demographic is created, in which the awareness of foreign and international brands is particularly high and many consumers are hungry for something familiar from home. Continue reading “A taste of home: the issue of imitative businesses in the United Arab Emirates”

The wrongful trading provisions of the Insolvency Act 1986¹ were introduced following the recession of the early 1980s, having been previewed in the Cork Report. Although new to English law in 1986, the concept of wrongful trading has not resulted in a plethora of cases against directors reaching court. Nevertheless, it remains significantly important, especially in today’s economically challenging environment, as it provides the benchmark against which directors can judge the extent of their duties when their company is in financial difficulties. Many consider it to be slightly odd that more cases have not come to court in the quarter of a century that the law has been in place: we look at the possible reasons for that later in this article. Continue reading “Wrongful trading, the benchmark for directors’ duties: recent developments”

Indian courts in the last decade have been proactive in embracing advancement in technology.

One such pioneering step is the use of video conferencing for recording of evidence. Continue reading “Video conferencing in India”

As part of the government efforts to reduce net migration to sustainable levels, the UK Border Agency (UKBA) has announced significant changes to the Immigration Rules, which came into force from 9 July 2012.

It is estimated that the new rules will prevent up to 18,500 people annually from coming to join family members in the UK. Continue reading “For better or worse, until UKBA do us part? New immigration rules announced 9 July 2012”