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 whether the notorious private investigator Glenn Mulcaire could rely on PSI, given an exception in s72 of the Senior Courts Act 1981 providing that, where proceedings involve the infringement of intellectual property rights, privilege against self-incrimination cannot be relied upon. The judgment also contains some interesting comments on the meaning of the terms ‘intellectual property’ and ‘confidential information’ and the relationship between these two concepts.
3D printing: a new dimension for IP?
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, other materials, such as molten plastic, or metal in powder form, are built up in layers and fused together at high temperatures to create the product. Exeter University has even used the process with layers of chocolate to create novelty edible products.
Options in shares: a clear investment option?
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 few days later.
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Immigration update: key changes to Tier 1 and Tier 2
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 (Exceptional talent) in the same month; Tier 2 has been restricted through annual quotas, increase in skills threshold and minimum salary requirements and the criteria for indefinite leave to remain for PBS migrants have been gradually tweaked to exclude certain sub-categories leading to settlement upon five years continuous employment in the UK.
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Out of control
A party’s obligation to disclose documents in a dispute is limited to documents which are, or have been, in its control (CPR 31.8). In North Shore Ventures Ltd v Anstead Holdings Inc [2012], the Court of Appeal considered the meaning of the word ‘control’ in the context of CPR 71.2, which provides that the court may order judgment debtors to attend court to provide information about their assets and to produce documents in their control. As the Court of Appeal treated ‘control’ as having the same meaning in CPR 31.8 and CPR 71.2, North Shore Ventures is likely to become the most important post-CPR authority on a party’s obligation to disclose documents within its control. Among other things, the case is likely to be relevant to the question of whether a group company involved in a dispute can be required to disclose documents in the possession of related companies.
The new small claims track for IP cases
It is a little-known fact that there is currently no ‘small claims’ procedure in the UK for intellectual property (IP) claims. The small claims track has proven to be an effective and low-cost means of settling other types of low-value disputes between individuals and companies. It has been available for most other types of legal dispute for some time.
Administration sales and TUPE: normal service resumed
For many years, the accepted way to rescue the business of a company and thereby preserve employment, while paying the maximum return to creditors, has been administration followed by the sale of the business and assets to a purchaser (usually by a ‘pre-pack’ these days). The automatic transfer of the employees to the purchaser under the Transfer of Undertakings (Protection of Employment) (TUPE) Regulations invariably applied to a business sale out of administration and the considerations for the buyer in relation to the employees of the business were relatively predictable. At least, that was the case until TUPE was amended in 2006. Given the opportunities that sales by administrators represent to many companies, it is important to business generally that there is certainty as to the effect of TUPE in relation to such sales.
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India’s Insurance Regulatory and Development Authority takes a giant leap to rein in cross-border reinsurers
For a professional who has been advising primarily on insurance law for more than a decade, some things never change. For example, the foreign direct investment (FDI) policy on insurance, which continues to prescribe a cap of 26%, despite almost every other sector having higher FDI limits. In the wake of this seemingly nonchalant and laid-back attitude affecting the insurance sector, the sudden and somewhat unexpected change in reinsurance reporting requirements comes as a surprise to an industry fighting many battles at the same time.
UK Border Agency statement of intent
The UK Border Agency continues to make changes to the UK immigration regime with a view to reaching their aim of reducing net migration to the tens of thousands by 2015. In a recent statement of intent, they announced further amendments to Tiers 1, 2 and 5 of the points-based system, overseas domestic workers and visitor visas.
The risks and rewards of making Serious Organised Crime Agency disclosures in the non-regulated sector
The Proceeds of Crime Act (POCA) 2002 imposes obligations on businesses operating in the regulated sector (for example, banks and other financial institutions) to disclose knowledge or suspicion of money laundering to the Serious Organised Crime Agency (SOCA). Such disclosure is known as a suspicious activity report (SAR).
The future regulatory landscape: the City gives its verdict
International law firm Eversheds LLP recently gathered together senior City executives and canvassed their views concerning the City’s regulatory framework. The results clearly demonstrate that, while the City is broadly in favour of compulsory regulation, the generally held view was that the current uncertain regulatory landscape – particularly around international regulation – is creating a problematic working environment for the City. In some cases, this is even leading to organisations delaying business activity. As well as unearthing the detail of this in-depth research study, this article also unveils a ‘Regulation in the City’ charter – a wish list that summarises how City professionals would like to be regulated.
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Changes to the contaminated land regime
The ‘contaminated land regime’ contained within Part IIA of the Environmental Protection Act 1990 (Part IIA) will be familiar to many in-house lawyers within business sectors such as manufacturing, minerals, land development, property, waste management, chemicals, petrochemicals and pharmaceuticals, and myriad other businesses whose operations may have impacted the quality of land in the UK. Long-awaited changes have now been put to the Westminster Parliament and the National Assembly for Wales1, and these changes are likely to generate renewed activity by the regulators.