Full reform of the controlled foreign companies legislation

On 30 June 2011, the government published the long-awaited consultation document on reform of the controlled foreign companies (CFC) legislation. The consultation follows the announcement at Budget 2011 that the government would consult on full reform this year with new legislation to be included in the Finance Bill 2012.

The regime has been repeatedly criticised as being an impediment to the competitiveness of the UK’s tax system. Indeed, the government’s stated aim for reform is creating a more competitive regime, while providing adequate protection of the UK’s corporation tax base. Continue reading “Full reform of the controlled foreign companies legislation”

Are parties able to rely on their own breach of contract?

The courts are regularly asked to imply terms into contracts, and will do so where it can be found that such an implication would reflect the true intentions of the parties. In certain cases, the courts are assisted by rules of construction that create a presumption against a particular intention of the parties.

One such example, is the well-established presumption that parties do not intend that either party should be able rely on its own breach of obligations to avoid a contract or obtain any benefit under it, unless the contrary is clearly provided for by the contract (New Zealand Shipping Co v Société des Ateliers et Chantiers de France [1919] AC 1). Continue reading “Are parties able to rely on their own breach of contract?”

An overview of UAE agency law

UAE Agency law impacts upon many different aspects of commercial life in the United Arab Emirates. The governing law, Federal Law No 18 of 1981 (the Agency Law), is extremely broad and captures commercial activities ranging from a classic principal/agent relationship to franchising and distribution agreements. The Agency Law is a framework that serves to champion the rights of the local commercial agent, normally at the expense of the (typically foreign) principal. Continue reading “An overview of UAE agency law”

Those rebellious Scots again: the Supreme Court and the Scottish Government

Whether it’s voting rights for prisoners or so-called ‘super-injunctions’, the Scottish media has over the past few months been full of commentary about the impact of the European Convention on Human Rights (ECHR) and the application of Strasbourg jurisprudence in the Scottish and UK courts. Why, it is argued by some, should the distinct British constitutional arrangement and its legal systems, with their long history and unique nature, be subject to a court staffed by judges from very different legal traditions? Continue reading “Those rebellious Scots again: the Supreme Court and the Scottish Government”

Simplification and reduction of burdens for Dutch companies with share capital

In the near future some significant changes will be made to Dutch corporate law, with the chief aim of achieving greater simplicity and reducing the burden for businesses.

This article will discuss several expected changes that will specifically affect private companies with limited liability (BVs) and public companies with limited liability (NVs). Some of these changes will take effect in the near future. Continue reading “Simplification and reduction of burdens for Dutch companies with share capital”

Simplification and reduction of burdens for Dutch companies with share capital

In the near future some significant changes will be made to Dutch corporate law, with the chief aim of achieving greater simplicity and reducing the burden for businesses.

This article will discuss several expected changes that will specifically affect private companies with limited liability (BVs) and public companies with limited liability (NVs). Some of these changes will take effect in the near future. Continue reading “Simplification and reduction of burdens for Dutch companies with share capital”

Mosley v United Kingdom [2011]: super-injunctions and Article 8

The European Convention on Human Rights (ECHR), drafted in the immediate wake of the Second World War as a bulwark against the resurgence of fascism and the spread of Stalinism, guarantees certain fundamental human rights. The European Court of Human Rights (ECtHR) which adjudicates on ECHR, offered first signatory states, then, in the mid-1970s, individual complainants, a higher appellate body for challenging judicial decisions of the highest national courts. Continue reading “Mosley v United Kingdom [2011]: super-injunctions and Article 8”

Throttling net neutrality?

Streaming video recently overtook peer-to-peer networks to become the largest single category of internet traffic, according to Cisco’s Visual Networking Index.1 This is a key reason why global internet traffic has increased eightfold over the past five years.2 With expected further dramatic increases in data traffic (Cisco estimates that internet traffic will increase fourfold over the next five years3) due to the growth of internet protocol television and 4G mobile services and the emergence of traffic management technologies such as ‘deep packet inspection’, which has increased the ability of network operators to prioritise certain types of traffic, the debate concerning net neutrality is becoming even more prominent. Continue reading “Throttling net neutrality?”