In County Leasing Asset Management Ltd & anor v Michael Green Plant Ltd & ors [2012] the Court of Appeal considered an appeal from Hampton J in the Northampton County Court on the correct measure of damages for a claim in negligent misrepresentation. The case presents an opportunity to revisit the rules on this area and provides helpful insight into the latitude afforded to judges when assessing damages on relatively small claims without the assistance of expert evidence.
Tier 1 (Investor) and (Entrepreneur)
In 2011 the government introduced a number of significant changes to the UK immigration regime that were aimed at reducing net migration by limiting the number of non-EU migrants permitted to come to the UK. Within the ‘high-value’ Tier 1 (Investor) and Tier 1 (Entrepreneur) categories, however, the opposite has been true. We have witnessed the government ‘rolling out the red carpet’ for those willing to invest in the UK and these routes have seen a respective increase of 61%1 and 95%2 in the number of applications made in the past year. Further limitations to the ‘company sponsored’ Tier 2 route are expected in 2012 and as these conflict with plans to increase the UK’s reputation as a global finance hub, it seems likely that this increase in the use of the Tier 1 (Investor) and (Entrepreneur) routes will continue.
How far will the SFO go to recover the proceeds of crime?
With the renewed focus on the criminal law brought about by the arrival of the Bribery Act 2010, in-house counsel may be forgiven for thinking that they are fully up to date with the potential consequences of corporate involvement in illegal activity. However, as we move through 2012, the Serious Fraud Office (SFO) has already taken yet another, perhaps unexpected, step that could have yet further financial consequences for those holding shares in companies that engage in unlawful conduct.
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Pension fund investment in infrastructure: managing the potential risks
You are the general counsel of a company that is the corporate sponsor of a substantial defined benefit pension scheme. The trustees of the scheme consult the company in relation to a revised statement of investment principles. You notice that the statement proposes substantial investments in infrastructure assets. You want to know what risks this may present to the company. What are some of the questions you might what to ask the trustees in order to appropriately assess the potential risk for the company?
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The water white paper and changes to the abstraction licensing regime
The government’s widely anticipated water white paper ‘Water for Life’, released in December last year, sets out Defra’s vision for future water management:
‘… in which the water sector is resilient… water companies are more efficient and customer focused, and… water is valued as the precious and finite resource it is’.
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Scotland’s constitutional future: countdown to the referendum
Those with an interest in the Scottish political and legal system will have been aware since the middle of last year that there would at some point in the life of the current Scottish Parliament be a referendum on the question of Scottish independence. The current Scottish National Party (SNP) administration achieved, against all odds given the proportional representation system of voting which is in place, an overall majority in the Scottish Parliament following the general election in May 2011. The Scottish Government was elected on an explicit manifesto commitment to hold a referendum – although it’s fair to say that it was likely surprised to have been put in the position of being able to make good that promise.
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Public inquiries: striking the balance
In this article, we discuss two recent decisions made in the course of the Leveson inquiry into the culture, practice and ethics of the press in order to highlight the particular issues facing those involved in public inquiries – and the difficult balancing exercises faced by the chairman in protecting the interests of individuals and organisations while effectively fulfilling the objectives of the inquiry.
Product liability trends: what to watch in 2012
2012 began with news coverage of the PIP breast implants matter, throwing up an interesting mix of issues, including regulation of medical devices, the assessment of risk, criminal proceedings abroad, what constitutes a defective product and contract issues. There is already litigation underway in some jurisdictions, with perhaps more to follow. How these questions are resolved will colour the debate on other issues related to product liability over the coming months.
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A few highlights: distribution agreements under Dutch law
A distribution agreement is an important legal instrument in the cross-border sale and distribution of all sorts of products (and related services). This article gives an overview of some of the legal issues relating to distribution agreements under Dutch law. The subjects discussed are especially useful to take into account when doing business with suppliers/manufacturers and distributors within the jurisdiction of the Netherlands.
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Harassment
Imagine your company’s employees are the target of a campaign of activist intimidation, or members of your board are being subjected to aggressive door-stepping by the press. What could you do to protect them? What legal recourse would the victim or your company have?
Kohn artists?
The fallout from the collapse of Bernie Madoff’s Ponzi scheme has generated both headlines and interesting legal issues. InMadoff Securities International Ltd v Raven & ors [2011], Flaux J considered a number of points of general interest. In particular, he provided important guidance on the extent to which claimants can use ‘anchor defendants’ to give the English court jurisdiction over other defendants domiciled elsewhere in the EU. The judgment contains an interesting discussion on the question of whether directors can be sued for breach of their fiduciary duties for acts that have been authorised or ratified by shareholders. The case also provides a useful illustration of the difference between proprietary injunctions and freezing orders. Finally, Flaux J explained the extent to which the court will, when considering whether to grant a freezing order, infer a risk of dissipation of assets from allegations of dishonesty against a defendant.
The changing world of counterfeiting, part 2: strategies for the IP owner
In the first part of this article, the authors looked at the trade in counterfeit goods in the context of the massive changes taking place in the world economy and suggested that China’s current pre-eminence as the major source of the world’s counterfeits might come under threat from other emerging ‘competitors’.
In part two, they consider how rights holders can best position themselves to deal with whatever the future throws at them. Continue reading “The changing world of counterfeiting, part 2: strategies for the IP owner”