The resignation of Mark Harper, MP and former immigration minister, in February 2014, is a very public reminder to all employers of the importance of checking right to work documentation for employees, and retaining the appropriate copies of these documents. Continue reading “Recent immigration roundup”
Competition for public contracts: the new EU public procurement regime
Where public entities in the UK or any other EU member state wish to procure goods or services from private sector enterprises, they must follow the processes set out in EU public procurement legislation. In the UK, this legislation is enshrined in the Public Contracts Regulations 2006, as amended (the 2006 Regulations). The EU public procurement directives on which the 2006 Regulations are based seek to ensure that competition for public contracts is open, transparent, fair and non-discriminatory. A package of three new EU public procurement directives, published on 28 March 2014, brings in wide-ranging reforms with the aim of modernising, simplifying and improving flexibility in the existing system. Continue reading “Competition for public contracts: the new EU public procurement regime”
Legal responsibility for flooding
The winter of 2013/2014 set a number of records. It saw the largest storm surge in 60 years; the stormiest December on record; the wettest January in 250 years; the lowest depression since 1876; and the wettest winter on record. Everyone will be aware of the flood events suffered, particularly in Southern England. Continue reading “Legal responsibility for flooding”
Are limited damages adequate?
In AB v CD [2014] the High Court held, with a degree of uncertainty, that the fact that contractual damages are subject to a limitation clause does not mean that those damages are not adequate, as required for the granting of an injunction under the American Cyanamid1 guidelines. Continue reading “Are limited damages adequate?”
The Scottish Government’s approach to tax avoidance
It is now just over a year until April 2015 when the first devolved taxes will come into effect in Scotland. The Land and Buildings Transaction Tax (LBTT) will replace Stamp Duty Land Tax (SDLT) on transactions involving land in Scotland, and the Scottish Landfill Tax (SLFT) will start to be levied on landfill in Scotland in place of the UK tax. The first two Scottish tax acts have received royal assent, the Land and Buildings Transaction Tax (Scotland) Act 2013 on 31 July 2013, and The Landfill Tax (Scotland) Act 2014 on 21 January 2014. Continue reading “The Scottish Government’s approach to tax avoidance”
Are your retention of title provisions effective?
Retention of title clauses are found in most contracts for sale of goods. The concept of retention is a simple one whereby the supplier of goods protects itself against non-payment by retaining ownership of goods until payment is received from the customer.
The concept arises from the Sale of Goods Act 1979. The Sale of Goods Act provides that property in goods will only pass when the parties to the transaction intend it to pass, thus allowing a supplier to retain title to goods after delivery of those goods to the customer. Continue reading “Are your retention of title provisions effective?”
The UK and the European Union
Numerous reports in the media concerning the relationship between the UK and Europe suggest that 2014 will be an eventful year for UK immigration and our participation in the European Union (EU). Continue reading “The UK and the European Union”
Parents and their partially owned entities and joint ventures: some compliance issues
Under EU competition law, parent companies will, as a rule, be responsible for the behaviour of their wholly owned subsidiaries. That is not surprising, as the parent has the ability and is presumed to in fact oversee and direct the activities of its subsidiaries, so-called exercise of decisive influence. Continue reading “Parents and their partially owned entities and joint ventures: some compliance issues”
The rise and rise of arbitration
We may not be surprised by reports of litigation taking many years and costing between £60,000 and £70,000. However, were we told that the reports in question stem from 1852, and that such sums in real terms today would be many millions of pounds, we would perhaps agree with Dickens’ statement regarding the Chancery Court in Bleak House: Continue reading “The rise and rise of arbitration”
Foul play? When will a person have authority to enter into a transaction on behalf of a company
Companies and organisations depend on the notion of agency to conduct their business: they require natural persons to make decisions and enter into agreements on their behalf. So who can enter into binding transactions on behalf of a company?
Generally speaking, a company will be legally bound by a contract where it is entered into by a person, or people, who are duly authorised by the company to make such decisions and/or conduct the type of business to which the contract relates. This type of authority is often labelled as ‘actual authority’. Certain employees of a company may be granted actual authority to contract on its behalf, but it is commonly a responsibility given to directors. Of course, there will still be limits as to what a director or employee has the authority to do and it is only when acting within the authority given that the company will be bound by their actions. Continue reading “Foul play? When will a person have authority to enter into a transaction on behalf of a company”
Ten notable Scottish cases of 2013
We have considered ten notable Scottish cases decided in the civil courts in 2013. These include a ruling on the novel question of whether a liquidator can abandon heritable property in Scotland; a case confirming the law of rectification of contract; a Supreme Court ruling that an Act of the Scottish parliament was outwith its legislative competency; and important procedural decisions. The common theme is that these cases highlight the differences between Scots and English law, and the importance of obtaining specialist advice on Scottish legal matters. Continue reading “Ten notable Scottish cases of 2013”
Product liability developments in 2013: what they mean for your business
Sarah Croft of Shook, Hardy & Bacon LLP looks back over some of the main European product liability cases of 2013 and examines the trends which may impact businesses going forward. Continue reading “Product liability developments in 2013: what they mean for your business”