In the words of one very famous global entertainment company, ‘it’s a small world after all’. Advances in technology have made it relatively easy to move into new territories and connect globally. Although the world is getting smaller, the task of managing compliance in numerous different jurisdictions is not. Even within the UK, there are local differences that need to be taken into account.

Continue reading “Mind the health and safety compliance gap”

Product recalls often take businesses by surprise. A suspected safety risk in a product will need immediate attention and your business will be at risk if it does not have a comprehensive, effective and up-to-date recall system in place.

Continue reading “Product recall: how well have you prepared?”

There is nothing new about the fact that how an employee behaves can have a serious impact on a company’s reputation; what has changed is that a company’s reputation can now be damaged via a variety of different social media sites as well as through traditional channels. As social networking interaction continues to grow, the price of this global phenomenon is becoming all too apparent. Around 14 million Britons are believed to regularly use social networking sites, with this figure expected to more than double over the next ten years.

Continue reading “How that tweet could end up costing your company more than you’ve budgeted for”

Commercial contracts may confer on one contracting party the discretion to take decisions that have an impact on the interests of the other party to the contract. This can give rise to questions of whether the decision maker owes any duties to the other contracting party and the extent to which the decision maker is entitled to prefer their own interests. This issue arose in the recent case of Euroption Strategic Fund Ltd v Skandinaviska Enskilda Banken AB [2012], where the court had to consider, among other things, whether the defendant (a clearing broker) owed the claimant (an investment fund) a duty to conduct a close out liquidation of the claimant’s portfolio of assets with reasonable skill and care, following a failure by the claimant to comply with its contractual obligation to make margin payments.

Continue reading “At your discretion”

With around £23bn being invested in design in the UK each year¹, there can be no doubt that designs are big business, or that they are vitally important for the UK economy. There is, however, significant doubt as to whether current design law and access to justice in this country provide sufficient protection for designs and those working in the creative industries.

Continue reading “Registered designs: an overlooked asset”

As economic pressures continue to affect corporate Britain, companies are imposing their own austerity measures. As suppliers of goods and services, companies want to receive payment as soon as it is due, either in accordance with payment terms set out in their terms of business or within a reasonable time. On the other hand, as consumers, many companies want to pay for the goods and services they receive only where payment is properly due, and then at the last possible moment. These conflicting interests, between the supplier (who wants to receive payment as quickly as possible) and the buyer (who wants to delay payment as long as possible), can often give rise to disputes.

Continue reading “Winding up petitions: the sharpest debt recovery tool in the box?”

The advent of the Special Economic Zones (SEZ) Policy in April 2000 and the subsequent enactment of the SEZ Act 2005 and the SEZ Rules 2006 paved the way for SEZs in India. SEZs were regarded as the engines of growth, supported by quality infrastructure and complemented by an attractive fiscal package with the minimum possible regulations and were aimed at attracting foreign investment. The SEZ Act 2005, self-contained legislation encompassing the framework of the SEZ, was enacted to provide for the establishment, development and management of the SEZs for the promotion of exports. Further, the foreign direct investment (FDI) Policy was liberalised to allow 100% foreign direct investment under the automatic route for the development of SEZs.

Continue reading “Denotification of Special Economic Zones”

Following a further raft of changes to the immigration rules on 6 April 2012 and in particular to Tier 2 of the Points-Based System (PBS), sponsors of non-EEA nationals and their HR professionals engaged in recruitment, are now required to fully comprehend the implications of a prospective employee’s UK immigration status to determine their eligibility for future employment. Even if a candidate is eligible for a switch of sponsor, the trials and tribulations do not end there, with the current technical issues being experienced by the UK Border Agency (UKBA) at regional offices throughout the UK causing delays to start dates for new employees. It may be that a sponsor who signs up for the premium customer service will have fewer issues, but early indications are that this will not be the case, as even migrants using the £6,000 super premium service (payable in addition to the premium visa fee) are also experiencing technical and logistical issues.

Continue reading “The changes to Tier 2 in practice”

The UK government recently published its response to last year’s consultation on the reform of the UK competition regime. One significant plan is that it will no longer be a requirement to prove ‘dishonesty’ in order to convict individuals involved in a criminal cartel. The government believes that removing the requirement to prove dishonesty will act as a deterrent and will improve enforceability.

Continue reading “The criminal cartel offence and government reforms of competition law”