Significant legislative changes have taken place in the UAE within the relatively recent past that enable investors and others to use trusts to creatively hold and manage their assets and businesses. Continue reading “Use of trusts for asset protection in the UAE”

The Arbitration (Scotland) Act 2010 (the 2010 Act) was passed by the Scottish parliament on 18 November 2009 and will come into effect later this year (the latest estimates are for June 2010). What changes does it introduce and what impact will it have on dispute resolution in Scotland? Continue reading “Scottish arbitration”

The insolvency of a party to a commercial lease, whether it be the landlord, tenant or an undertenant, is going to impose restrictions on, and limit the rights and powers of, the other parties to the lease. Being aware of all the options is therefore imperative to making the best of what is always going to be an undesirable situation. Continue reading “Landlord and undertenant insolvency: the sandwiched tenant”

Dutch corporate law needs to be modernised to make it more appealing at an international level. The Dutch Lower House adopted five legislative proposals in December 2009 that are meant to contribute to this modernisation. These proposals will be discussed in this article. Continue reading “Changes to corporate law in 2010”

It is well recognised that the Internet has made the world a smaller place. Not just by the easier methods of communication and the exchange of information, but also to commerce and the availability of new, larger markets to buy and sell to. These changes have provided opportunities for small businesses to reach a potential global audience, but beware, when a small business competes on the world stage, they can find themselves unprepared for the infringement of copyright or passing off in any number of jurisdictions. Continue reading “Reputational law: Star Wars stormtrooper battle is a warning on copyright protection”

One of the main factors behind many settlements of civil claims is that settlement will achieve certainty for the parties. Further, the settlement of civil disputes is encouraged at every stage of the litigation (and pre-action) process. Parties to disputes have also been equipped by the Civil Procedure Rules (CPR) with powerful settlement weapons, in the shape of formal offers under Part 36 of the CPR, with which to apply pressure to their opponents to settle. There has been a series of decisions about the operation of Part 36 since its inception and, in the past 18 months, several cases concerning the validity of offers and purported acceptances have been before the court. Continue reading “Making certainty certain: the operation of settlement offers under CPR 36”

Up to 5% of a firm’s annual turnover may be lost through fraud in the workplace and, according to a recent survey, at least 70% of that fraud is perpetrated by employees. What may surprise many is that most corporate fraud is not billion-euro embezzlement by top directors, but is committed by ordinary workers who never imagine that their actions could be seen as fraud. Continue reading “Tackling workplace fraud”

When an event occurs that triggers a notification provision in an insurance contract, the terms should be complied with before quietly sitting back and waiting for the insurer to exercise its rights to adjust the loss or control any issues that arise, including litigation. It is clearly in the insurer’s interests to minimise the loss that it will eventually be paying. But an insurer is entitled to take some time to look into the problem, or it might make its mind up immediately to reserve all its rights, simply decline the claim or, in an extreme scenario, avoid the policy. What should an insured do in these circumstances before a settlement can be negotiated or its rights assessed by a court? Continue reading “Post-loss insurance obligations”

A Financial Times journalist reporting on the successful approval of a company voluntary arrangement (CVA) by the creditors of JJB Sports plc (JJB) in May 2009 referred to CVAs as: Continue reading “Will company voluntary arrangements become the UK’s most popular rescue procedure?”

On 1 March 2010, the European Commission conditionally cleared the proposed merger between Orange UK Ltd (Orange) and T-Mobile (UK) Ltd (T-Mobile), during phase one of its investigation. To resolve the Commission’s competition concerns, the parties have agreed to amend an existing network sharing agreement with Hutchison 3G UK Ltd (H3G) and to divest a quarter of their combined spectrum in the 1800 MHz band, which could be used by rivals to run faster mobile broadband services. Continue reading “Commission clears Orange and T-Mobile merger with conditions”

The boom in the Indian economy has been accompanied by an increase in the perception of India as a lucrative avenue for employment. The employment of foreign nationals, especially as skilled or super-specialised labour in areas such as information technology, oil and gas, power projects or to lead Indian operations of multinational companies, is a common feature. Before August 2009, the legal regime of immigration laws seemed conducive to this, as was evidenced by the large number of foreigners working in India. Continue reading “Indian government prescribes new guidelines for work visas”

On 10 February 2010 the Secretary of State for the Home Department, Alan Johnson, announced that foreign students from outside Europe wishing to come and study in the UK would be required to meet stricter entry criteria. The announcement follows the Prime Minister’s announcement of a review of the Tier 4 route under the points-based system (PBS) on 12 November 2009. Johnson said: Continue reading “Tier 4 student visas: tough new rules for foreign students”