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Employment Law Update, autumn 2014: legislative changes — flexible working; mandatory early conciliation; and more download
This Employment Law Update outlines the latest legislative changes. These follow the trend of recent years to extend family-friendly rights and employee protection.
The Supreme Court has held that a female equity partner in an LLP fell within the definition of ‘worker’ under section 230(3)(b) of the Employment Rights Act 1996.
The case of Swallowfalls v Monaco Yachting concerned the construction of a yacht that was to be paid for by instalments upon the achievement of particular construction milestones.
The Court of Appeal has ruled in underwriters’ favour regarding the use of a fraudulent device by an assured in connection with the presentation of an insurance claim.
The English courts can have a critical role to play in support of foreign proceedings. The ability to obtain interim relief is an important strategic tool, which can be decisive.
Financial obligations under contract and repudiatory breach: in what circumstances do grounds for termination arise? download
It is only a repudiatory breach that entitles that innocent party (if he elects to do so) to treat himself as discharged from further liability under the contract.
When an event occurs that significantly affects the performance of a contract but is beyond the control of the parties, how is the risk allocated between the parties?
The recent case of Michael Hirtenstein and Il Sole Ltd v Hill Dickinson LLP has shed some doubt on the Union Power decision.
Mexico energy reforms download
Mexico’s oil production has been in decline for the last nine years. All this could be about to change, though, as a result of new energy reforms currently being implemented.
A new weapon in the government’s armoury in the international fight against corruption in the oil and gas industry was unveiled last month.
Scrapping and recycling: Basel or Hong Kong? Which applies, why is it important and what issues do you need to be aware of? download
The legal matrix applicable to the scrapping and recycling of drilling units and vessels has never been more significant.
The UK is required to implement Directive 2013/30/EU on the safety of offshore oil and gas operations by 19 July 2015.
Bribery: case update download
The international fight against bribery and corruption has received further support from the UK courts this summer.
In the context of engineering and construction contracts, the contractor’s warranties as to the standard and quality of the works will be a key item for negotiation.
Criticisms that arbitration proceedings take too long and cost too much have long been voiced by arbitration users.
The Privy Council has confirmed that an injunction restraining a bank from paying under a letter of credit on the basis of fraud will only be justified in extraordinary circumstances.
Great Elephant v Trafigura Beheer BV and Others — force majeure, foreseeability and FOB Incoterms download
Ince & Co recently represented Vitol Asia and Vitol SA before the Court of Appeal in the matter of the Crudesky.
This briefing from Ince & Co focuses on three grounds of appeal in Genesis Housing Association Ltd v Liberty Syndicate Management Ltd.
Shipping E-Brief — autumn 2013 download
The autumn 2013 issue of Ince & Co’s Shipping E-Brief is available now.
Issues of contractual commitment and determining when the specification of goods is part of their description download
The court’s latest decision follows the full trial of Proton Energy Group v Orlen Lietuva on the question of whether a binding contract had been concluded between the parties.