Online April 2014
Nabarro has advised Hermes Real Estate on a joint venture with The Co-operative Group to deliver the £800m NOMA scheme in Manchester City Centre.
‘Company Doe’ wins challenge but loses anonymity — ruling makes it tougher to confront erroneous online claims download
A new decision by the Fourth Circuit Court of Appeal will require the lower court to unseal court documents.
With the new financial year upon us, employers should take note of employment law changes that may affect future workforce costs and liabilities.
Court hearings in the UK are generally conducted on an adversarial basis where each litigant presents his or her own case and attacks the other side’s case.
The French Competition Authority has accepted commitments from Nespresso in relation to alleged exclusionary practices concerning its coffee machines and capsules.
If a married couple (or civil partners) jointly own an asset, then the income from the asset is automatically assessed on them 50:50 for tax purposes.
The Northern Ireland Department of Justice has been fined £185,000 after the Compensation Agency auctioned off a filing cabinet containing the information of victims of terrorist attacks.
The High Court awarded Littlewoods Retail compound interest on sums of overpaid VAT that had originally been reimbursed to it by HMRC with simple interest.
In this new edition of the Public Company M&A Primer, Ed Batts covers recent changes in the M&A process for public companies.
A brave new world — Family Court download
As Sam Cooke sang, ‘a change is gonna come’. For family lawyers, change is upon us. The single Family Court is live as of 22 April. So what will the changes mean?
A decision by the German Federal Court of Justice has confirmed the broad interpretation of the term ‘health claim’ in the context of Regulation (EC) No 1924/2006.
A new Competition and Markets Authority: but no new dawn for the public competition law enforcement in the UK download
With a certain amount of trumpeting, the new Competition and Markets Authority came into existence on 1 April — thus merging the OFT and the Competition Commission.
The changes proposed by the HSE in the new draft CDM regulations are underpinned by a desire to improve standards of health and safety, particularly on smaller construction sites.
On 28 November 2013, the European Commission announced a proposal for a directive on trade secrets and confidential information.
Mugni Islam-Choudhury considers the new rules on pre-claim conciliation which become compulsory from 6 May 2014.
English courts have been reluctant to recognise an implied duty of good faith in commercial agreements. However, three decisions have cast that understanding into some doubt.
A quick guide to the Cayman Islands’ Confidential Relationships (Preservation) Law (2009 Revision) download
This briefing summarises the salient points of the Confidential Relationships (Preservation) Law (2009 Revision) in a Q&A table.
A reformed approach to threats download
UK legislation contains special provisions relating to groundless threats of infringement proceedings.
The issue of a claim form, and not the service of it, begins proceedings and gives the court jurisdiction to order costs of and incidental to those proceedings.
The Court of Justice of the European Union has made its ruling in the case AstraZeneca AB v Comptroller General of Patents, Designs and Trade Marks.
The Association of British Insurers (ABI) has published its recommended best-practice approach to lock-up agreements.
Benefit from the strength of Dentons’ experienced Aboriginal law team to navigate the complexities of Aboriginal rights as they relate to your business.
ACAS has published a brief guidance booklet entitled Early Conciliation Explained, which provides a basic introduction to the new system.
The decision in Rawlinson & Hunter Trustees SA and Ors v Akers & Anr has highlighted the difficulties in establishing litigation privilege in relation to internal reports.
In the case of Mehjoo v Harben Barker, the Court of Appeal overturned the earlier decision of the High Court.
Accountability — April 2014: notice of an expert’s intention to retire must be given promptly download
The case of Clarke v Barclays Bank plc and another has highlighted the importance of notifying the court promptly if an expert retires or withdraws from a case.
Accountability — April 2014: when can you bring a court claim that has already been the subject of a decision by the FOS? download
According to a Court of Appeal decision, only where the claim arises out of a completely different set of facts or where the complainant has rejected the FOS decision.
The Baker Tilly accounting and business advisory group is made up of experienced accountants and business advisers.
Addleshaw Goddard has acted for the Royal Bank of Scotland and M&G Investments on the first own-name debt capital markets issue by a Scottish registered social landlord.
Clothingsites.co.uk is set to create more than 100 jobs after securing investment from Bridges Ventures in a deal advised by Addleshaw Goddard.
The Manchester office of Addleshaw Goddard has advised Investec Asset Finance on its acquisition of Mann Island Finance. The purchase price was not disclosed.
Addleshaw Goddard has advised investment management services provider Rathbone Brothers on three transactions.
The African Business Group of Addleshaw Goddard has advised Seven Energy International in securing $255m of new equity capital.
Addleshaw Goddard has advised Seven Energy International on its acquisition of the entire issued share capital of East Horizon Gas Company from Oando.
Addleshaw Goddard has been named in The Times’ Top 50 Employers for Women 2014, which lists the organisations that are leading on workplace gender equality.
Nichola Peters, head of Addleshaw Goddard’s corporate crime and investigations practice, has been listed in Global Investigations Review 2014’s ‘40 Under 40’ list.
On 24 March, the Organisation for Economic Co-operation and Development issued BEPS Action 1: Address the Tax Challenges of the Digital Economy.
You wouldn’t think that it would be possible to squabble about whether or not an adjudication had been ‘commenced’. However, in a recent case, the parties to a dispute managed to do just that.
Adminstration in the Isle of Man download
Gulldale has become the first Isle of Man incorporated company with the centre of main interest in the Isle of Man to be placed into administration in England.
Russell Holland examines the Employment Appeal Tribunal’s ruling in Punjab National Bank v Gosain.
The Commission Delegated Regulation introduces minimum situations in which the publication of a supplemental prospectus is required when securities are offered to the public.
On 2 April 2014, ENS gave a lecture at Dacheng on investment opportunities and risks in South Africa and the African region as a whole.
AIFMD: private placement update download
The AIFMD will soon be fully in force for EU fund managers and for non-EU fund managers marketing their funds into the EU.
Ma Jiangtao, a senior partner at Dacheng, was recently named one of the ‘2014 ALB Top 15 China Litigators’ by Asian Legal Business (ALB).
All change for consumer credit download
At midnight on 31 March 2014, the Consumer Credit Act encountered the most significant set of changes that have occurred during its lifetime.
All parties in investment arbitration will need to adapt to new UNCITRAL rules on transparency — in force April 2014 download
In the area of investment arbitration, there appears to be an emerging trend towards increased transparency.
The government has set out that its ambition for 2025 is for the ‘construction industry’s standard payment terms [to be] 30 days and that retentions are no longer withheld’.
Allen & Overy advised Macquarie in a complex transaction that led to Macquarie being named winner of the Acquisition of the Year Energy & Natural Resources award.
Allen & Overy has advised BofA Merrill Lynch, Deutsche Bank London Branch and Société Générale Corporate & Investment Banking in connection with the issue of a €300m convertible bond.
Allen & Overy has advised Old Mutual on the sale of Skandia Germany and Skandia Austria, part of Old Mutual Wealth, to a Cinven and Hannover Re acquisition vehicle.
Allen & Overy has advised Saudi Electricity Company on its record-breaking $2.5bn (£1.5bn) sukuk, the largest-ever Rule 144A sukuk offering.
Allen & Overy has advised Vivendi on the sale of SFR. Vivendi’s supervisory board decided to enter into exclusive negotiations with Altice for a period of three weeks.
Jeffrey Sullivan, arbitration partner at Allen & Overy, was recently invited by the ICSID secretary-general to speak at the Energy Charter Treaty Conference.
Allen & Overy has marked the launch of Gas Price Arbitrations: A Practical Handbook with debate on merits of gas price arbitrations.
The University of Litigation is set to be run from 28 April to 2 May 2014, with attendees expected from various banks and businesses.
Joanna Page and Richard Smith of Allen & Overy recently attended the ABA’s meeting of insurance coverage lawyers, which is held annually in Arizona in March.
Allen & Overy has won the International Law Firm of the Year award at the second annual Law Firm of the Year competition in Slovakia.
According to Allen & Overy’s latest M&A Index, all the ingredients for mergers and acquisitions (M&A) activity to prosper are now in place.
Allen & Overy has been awarded M&A Deal of the Year for its work on Shuanghui’s takeover of Smithfields Food at IFLR’s Americas Awards 2014.
Allen & Overy’s Antonio Bavasso will co-chair the GCR Live 3rd Annual Telecoms, Media & Technology conference at the firm’s London office on 26 June 2014.
Hogan Lovells has announced that Allen Pegg has re-joined the firm’s Miami office as counsel in its litigation practice.
Allowing independent providers into the NHS Pension Scheme — tackling recruitment issues and facilitating the movement of staff download
From 1 April 2014, an independent provider who meets the relevant eligibility criteria will be able to apply to become an employing authority in the NHS Pension Scheme.
Before agreeing amendments, a lender needs to understand whether there is a genuine risk that its existing security will no longer work.
The NSW government has announced that the Building and Construction Industry Security of Payment Amendment Act 2013 will commence on 21 April 2014.
Changes to the TUPE regulations will come into effect from 31 January 2014. Erica Humphrey, solicitor in the employment team at IBB Solicitors, summarises the main amendments.
In April 2009, the States of Deliberation approved the introduction of a new form of business structure: the limited liability partnership.
Anxiety over possible health risks is a form of health risk in itself and the inferior strength of the implants has led to them being considered a substandard product.
Partner — Guernsey
It is fascinating to see competition law used as a tool to encourage innovation in the traditional collecting society business model.
In Integral Petroleum SA v SCC-Finanz AG, late service of particulars of claim to an email address not authorised for service was treated as valid under CPR 3.10.
Anthony Collins Solicitors has secured £195,000 for a client who suffered spinal injury following surgery.
Anthony Collins Solicitors has announced a workshop on how to make real the forthcoming regulatory requirements on asset registers and living wills.
Anthony Collins Solicitors’ offices will be hosting Hardwicke Chambers’ welfare reform seminar.
Anthony Collins solicitor Carole Burgher has been appointed as district judge on the advice of the Lord Chancellor, the Right Honourable Chris Grayling MP.
Anthony Collins Solicitors has announced that its Personal Planning Management Team adheres to the STEP Code for Will Preparation in England and Wales.
On 1 April 2014 HMRC took over from the OFT as the regulator of residential and commercial estate agents for the purposes of anti-money laundering.
The Anti-Social Behaviour, Crime and Policing Act received royal assent on 13 March 2014 and it is anticipated that it will come into force in the autumn of 2014.
Antitrust Matters — April 2014: state aid; cartel facilitators; Belgium’s Competition Authority; exercising patent rights; and more download
DLA Piper has released the second issue of its global competition and antitrust law newsletter Antitrust Matters.
Appleby has advised mandated lead arrangers and bookrunners in providing a HKD1.8bn secured syndicated term loan and revolving credit facility to Fortune REIT.
Appleby has advised the mandated lead arrangers and financial advisers in relation to the $3bn privatisation of Chinese online gaming company Giant Interactive Group.
Appleby has appointed Caren Pegg, Keith Robinson, Andrew Jowett, Clive Langley, Camilla Neal, Steven Rees Davies, Juan Thornley and Anthony Williams.
Appleby has become the first offshore law firm licensed to provide offshore legal advice in mainland China where it has had a Shanghai base since 2012.
April showers changes on employers download
The 6 April is a day for change for employers because it is one of the government’s two annual ‘common commencement dates’.
Dentons leads the way in arbitration. We provide claimants and respondents alike with top-notch legal and pragmatic advice.
Section 42 of the Arbitration Act 1996 acts as an effective mechanism to enforce a recalcitrant party to comply with an arbitrator’s peremptory order.
The High Court has decided that a collateral warranty provided by a building contractor to a tenant for a building was a ‘construction contract’.
Landlords could be at risk of significant liability where tenants operate environmental permits on site.
Assets of community value download
In this article, Serdar Mehmet, a solicitor in IBB’s residential development team, looks at the impact of assets of community value on housebuilders.
Baker Tilly’s professional practices audit team understands the sector and the issues faced by businesses operating within it.
Australian businesses supplying electronic, telecoms and broadcasting services need to be aware of changes to EU VAT rules download
These changes will apply in relation to a number of e-commerce services, to the extent the services are supplied to a non-VAT registered consumer
Australian government announces major changes to Franchising Code and Competition and Consumer Act download
The substantial amendments in the draft code confer new rights on franchisees and increase the regulatory and compliance obligations of franchisors.
The cost of a home in London climbed by the biggest amount in more than a decade, says Nationwide in its latest house price index.
New figures have revealed that average house prices in 18 of 32 council areas have topped £325,000, making them susceptible to inheritance tax.
Michael Conroy Harris, a construction expert at Eversheds, said that the bad weather impact on UK construction output should be seen as a mere dampener to growth.
Dentons’ banking and finance team operates at the industry’s forefront, working with innovative finance products across the world.
Whatever you need, we will provide sound advice and negotiate finance arrangements to meet your business requirements.
GRATA Law Firm’s banking and finance group is a leading legal counsel in the areas of capital markets, project finance and infrastructure projects development and financial transactions
Our lawyers practise BVI, Cayman, Guernsey and Jersey law and have an international reputation for banking and finance work.
This update contains a summary of news and legal developments that have affected the banking and finance industry over the last month.
Section 306 of the Insolvency Act 1986 provides that a bankrupt’s estate shall vest immediately in the trustee in bankruptcy and no registration is required to effect that vesting.
The UN Security Council’s Al-Qaida sanctions committee has decided to delist Youcef Abdoui. Abdoui was represented by Rachel Barnes from Three Raymond Buildings.
Former CFTC commissioner Bart Chilton has joined DLA Piper as a senior policy adviser in the Washington DC office.
BDK has been ranked as a tier-one firm in corporate, M&A and privatisation, competition and real estate in the 2014 edition of The Legal 500.
BDK Advokati/Attorneys at Law has been ranked in all sections of Chambers Europe 2014, for both Serbia and Montenegro.
BDK has welcomed associate Emina Zahirovic to its Banja Luka office in Bosnia & Herzegovina (Republika Srpska).
On 2 April 2014, at the annual conference of the Beixinqiao Labor Union of the Dongcheng District, Dacheng’s Beijing office was awarded ‘Home of Staff for 2013’.
The Collective Redress Act has been conceived as a chapter on ‘class actions’ governed by specific procedural rules that depart from the common rules of civil procedure.
Belgium: new ‘fairness tax’ download
As from assessment year 2014, dividend distributions made by Belgian companies that do not qualify as SMEs may trigger a new tax, dubbed the ‘fairness tax’.
A court has held that in certain circumstances a collateral warranty may be a ‘construction contract’ that brings with it the requirements of the Construction Act.
Two high-profile cases have provided further guidance for parties who wish to rely on or challenge contractual ‘liquidated damages’ clauses.
Senior solicitor (new homes manager)
Best Lawyers Australia 2014 has recognised 56 DLA Piper lawyers across 36 practice areas, with 24 lawyers listed across multiple categories.
The range and depth of capabilities of Minter Ellison’s team across Australia has been recognised by the 2014–15 list of Best Lawyers.
Dr Hermann Schneeweiss LLM (Harvard) will be added to the list of attorneys at law practising in Austria on 1 April 2014.
Bitcoin is property, not currency, IRS says — notice leaves many open questions about convertible virtual currencies download
The IRS has joined several other jurisdictions in publishing guidance regarding the income tax consequences of certain convertible virtual currency transactions.
The recent Budget announced a raft of proposals, some new, some that we’ve already heard about, to try to improve access to finance, in particular for SMEs.
The government of Montenegro has adopted four block exemption decrees, two in the sphere of vertical agreements and two applicable to horizontal agreements.
Born fee? Tribunal fees download
Tim Sheppard of No5 Chambers reviews the recent challenge to tribunal fees.
Joaquin Almunia has stated that any review of the successful purchase of Vivendi’s French telecom subsidiary by Numericable will remain with the French Competition Authority.
Partner — Guernsey
Partner — British Virgin Islands, Cape Town
HCI filed an application for the figurative mark ZENSATIONS that was opposed by Shiseido.
A UK application for the ETA mark for security-related services and locks was opposed by ETA SA Manufacture Horlogere Suisse, owner of the mark.
What kind of evidence needs to be filed to prevent a registered trademark being revoked for non-use?
Brands Update — April 2014: Deutsche Bank’s ‘Passion to Perform’ leaves EU General Court cold download
The EU General Court has upheld an OHIM Board of Appeal decision refusing Deutsche Bank’s application for the word mark ‘PASSION TO PERFORM’.
The CJEU has given a procedural judgment in a trademark cancellation case, clarifying the ground rules for EU courts in assessing the legal arguments made before them.
The German Federal Court of Justice has found that a party does not need to intend to take unfair advantage of the distinctiveness of a mark without due cause.
Iceland Foods applied to register in the UK the trademark ICELAND (both figurative and word marks) for fish, meat, game and poultry.
The KORNSPITZ revocation case reminds brand owners that marks must act as badges of origin for the ultimate consumer of the goods, rather than intermediaries
When considering whether a sign ‘consists exclusively of the shape of goods that is necessary to obtain a technical result’, the court is not confined to looking at the sign as filed.
The Court of Appeal has overturned an earlier decision and ruled that the formal requirements of a break clause must be followed precisely in order to determine a lease.
Ian Bridge from No5 Chambers has been instructed by Keith Wood of Lewis Nedas in several cases involving applications for the committal of alleged contemnors.
On 15 March 2014, the new Civil Code entered into force as the most important legislation governing the financial and personal relations of companies and persons.
There are a few developments in this year’s Budget that are of particular interest for those operating in the life sciences sector.
The announcement in the Budget allowing members full freedom over their DC pension pots will have consequences for the pensions industry as a whole and for the wider economy.
There is a tendency among companies in Bulgaria to speed up marketing campaigns and neglect what should be a core part of them, namely their legal structure.
Bulgaria: decision of the Supreme Court regarding termination of a lease agreement because of an economic adverse change download
The Supreme Cassation Court of Bulgaria has comprehensively expressed its opinion on the substantive legal aspects of the economic adverse change clause and ruled on the termination of a lease agreement on this ground.
Partner — Cayman Islands
The legal profession is facing a number of economic and market challenges. Baker Tilly can help.
If you’re thinking about re-organising your group of companies and swapping the names of some of the companies in your group, it might not be as simple as you think.
A recent Court of Appeal decision suggests that it may not be necessary for a defendant to make a Part 36 offer to secure full costs protection at trial.
In food marketing litigation, class certification is a major hurdle for would-be class plaintiffs, but a recent case may have lowered the bar with a flexible approach to class certification.
California’s privacy statute regulates companies, but not against out-of-state plaintiffs: a recent decision, two takeaways download
Throughout 2013 and into the new year, the plaintiffs’ bar has continued to file a steady stream of privacy-related class action claims.
The Corporations and Markets Advisory Committee (CAMAC) has released a broad discussion paper to review the establishment and management of schemes.
Ian Mather, corporate partner at Mills & Reeve, has been appointed to chair Cambridge Ahead.
Application was made at Southwark Crown Court to stay the FCA’s prosecution of five defendants in a massive land deal fraud.
This agreement in principle concludes almost a decade of negotiations, and marks Canada’s first FTA in the Asia-Pacific market.
Bill S-4 is the Canada federal government’s latest attempt to reform the federal Personal Information Protection and Electronic Documents Act.
The Canadian government has placed a moratorium on issuing labour market opinions for jobs in the food service industry.
Our specialist team has established a reputation for advising and assisting on a range of issues relating to personal injury trusts, capacity and deputyships.
Whether you’re an underwriter, issuer or investor, you require a trusted advisor with a forward-thinking vision.
Carey Olsen has appointed three lawyers in its BVI office in a move that extends the law firm’s banking, corporate and investment funds client offering.
Carey Olsen has been named Guernsey Law Firm of the Year 2014 for the fourth time by Who’s Who Legal.
Partner — Guernsey
Anthony Collins Solicitors has been named as a UK top-six charity law firm in CaritasData’s 2014 Top Legal Advisors list.
The aim of this Starting Point Guide is to raise management awareness of the issues surrounding disciplinary issues.
Cayman Court of Appeal clarifies the scope of the international co-operation provisions of the Companies Law download
The Court of Appeal delivered its judgment in the case of Picard v Primeo Fund on 16 April 2014.
Conyers Dill & Pearman has been named Offshore Law Firm of the Year by Chambers & Partners, publisher of the world’s foremost guides to the legal profession.
Ince & Co (including Incisive Law) has been ranked by Chambers Global 2014 in 23 legal practice areas.
The competitive pressures on ?rms across the UK top 200 are well documented, the principal war cry being the demand ‘more for less’ from clients.
On 9 April, Verkhovna Rada of Ukraine introduced changes to certain laws with regard to reduction of the number of authorisation documents.
The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 come into effect from 13 June 2014.
Changes to French takeover rules download
A new French law, the ‘Law to recapture the real economy’ (‘Loi visant à reconquérir l’économie réelle’ or ‘Loi Florange’), was made on 1 April 2014.
A Federal Court decision made the headlines recently, raising concerns as to how student accommodation should be treated for GST purposes.
Changes to statutory payments download
The government has decided that the annual uprating of a week’s pay and the maximum compensatory award for unfair dismissal should be moved to April.
The new Technology Transfer Block Exemption Regulation was published on 21 March 2014.
The Civil Procedure (Amendment) Rules 2014 have been published, along with the making document, which details the amendments to various practice directions.
We work with our clients to help them solve problems and ensure they comply with the law and charity best practice.
Cheshire West: the hidden cost download
Sheree Green, senior associate at Anthony Collins Solicitors, comments on the recent Cheshire West judgment.
Our family law solicitors are experienced, compassionate and caring experts who have one aim — to protect the rights of the child.
Investment in agribusiness is about supporting Asian partner objectives, says Minter Ellison senior partner Adam Handley.
China’s energy revolution download
China’s sheer size — not only geographically but in terms of market share — means that its industry choices have a huge global effect.
The State Council Decision, together with the Company Law Amendments, have been in effect since 1 March 2014.
The CJEU has confirmed that site-blocking injunctions can be granted against ISPs, provided they strike a ‘fair balance’ between fundamental rights.
Partner — Guernsey
Climate Change Newsletter: issue 4 — Canada: the EU Fuel Quality Directive — signalling a change of course download
The EU is rethinking its proposed Fuel Quality Directive (FQD) — welcome news for Canada as the current FQD proposal contains some major flaws.
The South African government has announced it will delay introducing a carbon tax until 2016.
Climate Change Newsletter: Issue 4 — US: California Air Resources Board approves first forest carbon offset project download
The California Air Resources Board has issued its first-ever approval of a forest carbon offset project under the state’s cap-and-trade forestry offset protocol.
Climate Change Newsletter: issue 4 — US: Supreme Court reviews greenhouse gas permitting rules download
On 24 February 2014, the Supreme Court heard argument on the ‘tailoring rule’, a key Obama climate change rule.
The clinical negligence group at Penningtons Manches is regarded as one of the leading specialist medical negligence teams in the country.
Claimants are required to adduce evidence in order to convince the court that, on the balance of probabilities, the defendant in question is liable.
On 2 April 2014, the European Parliament voted in favour of the implementation of a new Clinical Trials Regulation.
A video program distributor’s work is never done.
The announcement by the Competition and Markets Authority (formerly the Competition Commission) is the culmination of a two-year investigation into the private healthcare market.
Trade secrets are not protected as classical intellectual property rights and there is no primary legislation dealing with the protection of trade secrets.
Collyer Bristow has entered into a 10-month-long challenge against six other companies to raise money for charity.
Joe Cohen of Collyer Bristow’s IP team spoke at the recent American Bar Association’s 29th Annual Intellectual Property Law Conference.
In order to be capable of registration under the Community Designs Regulation, a design must be ‘new’ and have ‘individual character’.
Partner — Jersey
Penningtons Manches drafts and negotiates commercial agreements of all types, and at all stages in the development and supply chain.
The ICO has fined the Northern Ireland Department of Justice £185,000 after the Compensation Agency auctioned off a filing cabinet containing the information of victims of terrorist attacks.
Here are three of the key developments to expect in 2014.
Travel insurance company Staysure has told 93,000 of its customers that their credit card details may have been stolen by hackers.
Commercial & IP Update — April 2014: High Court gives guidance on commercial agents’ rights on termination download
The Commercial Agents (Council Directive) Regulations 1993 require that where a principal terminates an agency, in most circumstances it must make a payment to its agent.
Charles Shearman (t/a Charles Shearman Agencies) v Hunter Boot Ltd concerned a claim by a commercial agent following the termination of his agency.
We see ourselves as both your legal and business partner and work with you to ensure that litigation doesn’t become an unwelcome distraction from your daily operations.
Penningtons Manches has substantial experience in working with clients to devise strategies to avoid possible disputes and to resolve effectively those that do occur.
At IBB, our commercial property solicitors understand the specific challenges faced by property developers, investors, occupiers and lenders.
Commercial rent arrears recovery download
Commercial rent arrears recovery will replace the ancient common law remedy of distress currently available to landlords.
On 13 March 2014, the European Parliament voted through the proposed NIS Directive, but with a number of amendments to the proposed text.
In a two-part analysis, Withers compared how different jurisdictions dealt with spousal maintenance.
With the team of dedicated Dentons antitrust lawyers by your side, you are able to navigate antitrust and competition regimes with confidence.
The new Competition and Markets Authority has taken over the roles previously performed by the OFT and the CC in relation to the UK merger control regime.
This brief summarises action taken by the competition authorities in the UK and the EU and highlights some developments due to take place in the near future.
On 6 April 2011, the default retirement age of 65 at which employers could lawfully require their employees to retire was abolished in the UK.
The US Court of Appeals for the District of Columbia has issued an opinion in the legal challenge to the conflict minerals rule adopted by the SEC in late 2012.
Italy’s highest administrative court has ruled that Pfizer’s use of patents and SPCs relating to Xalatan/latanoprost in Italy constituted an abuse of its dominant position.
HSE has launched a consultation document on proposed changes to the Construction (Design and Management) Regulations 2007.
IBB’s dedicated construction and engineering team provides cost-effective and tailored legal solutions to a wide range of clients.
GRATA Law Firm provides legal consultancy services to companies that carry out activities in the area of construction and infrastructure.
Our specialist team provides a comprehensive range of construction law solutions across the wide spectrum of projects undertaken in the construction industry.
You’ve decided to amend a construction contract by striking through the relevant article in the agreement. But a recent judgment suggests that might not be good enough.
Construction update — Australia: Diploma Construction (WA) Pty Ltd v KPA Architects Pty Ltd  WASCA 91 download
The Court of Appeal has upheld a contractor’s right to enforce a judgment obtained following the adjudication of a payment claim under the Construction Contracts Act 2004 (WA).
The HSE launched a 10-week consultation exercise on proposals to replace the Construction (Design and Management) Regulations 2007 on 31 March 2014.
From April 2015 the government will extend capital gains tax (CGT) to gains made by non-resident individuals disposing of UK residential property.
In Rusal, the Administrative Court was asked to find that a decision by the London Metal Exchange to consult on a single preferred option was unfair.
This briefing presents three of the key consumer law developments to expect in 2014.
The continuing obligations of Cayman Islands regulated funds are set out in the Companies Law and Mutual Funds Law (as amended).
The Court of Appeal has found in favour of a business tenant and decided that a periodic tenancy had not been created in the intervening period.
Contractors affected by the US cybersecurity requirements: take part in the GWAC comment process download
The US General Services Administration is seeking comments from the private sector on draft Alliant II GWAC cyber-security requirements.
Conyers Dill & Pearman has advised 58.com, in connection with a follow-on offering in the US of 13,800,000 Class A ordinary shares.
Conyers has provided legal advice to Agile Property Holdings in connection with an international offering of the company’s ¥2bn 6.50 per cent senior notes.
Conyers has provided BVI and Cayman advice to Agile Property Holdings in connection with an international offering of $500m 8.375 per cent senior notes due 2019.
Conyers Dill & Pearman has provided Bermuda law advice to Aircastle on its $900m agreement for the purchase and leaseback of eight Boeing 777-300ER aircraft.
Conyers Dill & Pearman has advised AVIC International Finance & Investment in connection with issue of CNY1.5bn 4.80 per cent guaranteed bonds due 2017.
Conyers has provided BVI and Cayman legal advice to China Aoyuan Property Group in connection with issue of $300m 11.25 per cent senior notes due 2019.
Conyers Dill & Pearman has advised Aircastle Ltd in connection with its $450m (£271m) unsecured revolving credit facility
Conyers Dill & Pearman has advised on the grant of a new senior $657m credit facility to Orient-Express Hotels.
Conyers has advised on the privitisation of Pactera Technology International, a Beijing-based technology outsourcing and consulting company, from NASDAQ.
Conyers Dill & Pearman has advised on the licensing by the Bermuda Monetary Authority of Watford Re, a multi-line Bermuda reinsurance company.
Conyers Dill & Pearman has advised Qannas Investments on its acquisition of interests in ADCM SPEF and SPE Qannas C.
Conyers Dill & Pearman has advised Sunshine 100 China Holdings on its HKD2.4bn listing on the main board of the Hong Kong Stock Exchange.
Conyers Dill & Pearman has provided BVI and Cayman legal advice to Yuzhou Properties Company in connection with an international offering of up to $300m.
Conyers Dill & Pearman has provided BVI and Cayman legal advice to YY Inc in connection with an international offering of $400m.
Conyers Dill & Pearman has promoted six attorneys to the role of partner or director.
Conyers Dill & Pearman has provided Bermuda law advice to Aircastle on the offering of $500m aggregate principal amount of its 5.125 per cent senior notes due 2021.
Conyers Dill & Pearman was honoured for its involvement in the high-profile $55bn TNK-BP transaction at the International Financial Law Review Europe Awards 2014.
The long-awaited inter-ministerial decree relative to reorganise the copyright’s related right has been published.
Partner — Guernsey
We provide clear, pragmatic and practical advice to businesses large and small from around the globe on the corporate transactions and the legal issues they face.
Our lawyers work on the full spectrum of corporate transactions and are located in offices across the globe in order to deliver seamless, integrated solutions to clients.
Corporate acquisitions involving government contractors: DoD codifies significant security clearance-related risk download
The US DoD has published an Interim Final Rule assigning responsibilities and establishing requirements related to the National Industrial Security Program.
Whether you’re restructuring, listing on a new market or making an acquisition or a disposal, we have the expertise to support you.
Whether you’re a new start-up or an established corporation with offices based locally and/or around the world, IBB is here to assist with your business needs.
A study by Eversheds has revealed a significant increase in the number of large commercial disputes, with the majority of conflicts are being resolved in court.
Baker Tilly offers the full range of corporate finance services, from capital fundraising to helping corporates with acquisitions or disposals.
Corporate governance requires balancing intricate competing interests under the intense spotlight of regulatory, operational, fiduciary, political, communications and market factors. We are experienced in guiding boards of directors, special committees, management and corporate leadership on the full range of governance issues that confront them.
Corporate governance round-up — April 2014: women on boards; PIRC UK shareholder voting guidelines; and more download
Hogan Lovells has published its corporate governance round-up for April 2014.
GRATA Law Firm’s specialists have the ability to provide an array of legal services in the field of corporate law.
Our corporate tax team provides full transactional support and standalone tax advice to a wide variety of business clients, based both in the UK and overseas.
On 7 April, Eric Pickles and Danny Alexander announced new powers for councils that, they claim, will enable 10,000 new affordable homes to be built.
Court — ‘blessing’ of pre-packs download
If administrators can show the merits of a pre-pack sale of a company’s business, the courts are likely to give the administrators liberty to enter into the pre-pack.
Court of Appeal stays appeal proceedings pending outcome of central amendment applications to the EPO download
The Court of Appeal granted Samsung an application to adjourn an appeal from the High Court’s decision that two of Samsung’s patents were invalid.
The president of the Court of Protection has indicated that judgments of particular interest to the general public will now be in the public domain.
The ancient common law right of distress for rent has been replaced by a new statutory procedure known as commercial rent arrears recovery or CRAR.
CRAR is intended to be clearer and fairer, reducing the advantage landlords have over unsecured creditors and introducing greater protections for the tenant.
At IBB Solicitors, we provide expert representation for both individuals and businesses facing the challenges of criminal prosecution.
Naomi Owen considers the pros and cons of applying for a postponement when criminal proceedings are p
An attack on a California electrical substation highlights the urgent need to protect the nation’s energy, communications and other critical infrastructure from threats.
In a landmark ruling, the Court of Appeal has clarified what is meant by ‘exclusive jurisdiction’ and ‘forum for administration’.
Partner — Jersey
Partner — Guernsey
When the debt relief procedure for natural persons was introduced in 2008, it was considered that it should be available only for a natural person’s non-business debts.
The Czech Republic has become one of the few countries in continental Europe whose legal system can offer a vehicle with the same nature as mudarabah or musharakah.
Dacheng has advised Guangdong Technology Finance Group on the formation of a financial lease company, which was launched on 13 March 2014.
An asset sale advised by Dacheng was recently recognised by the M&A Advisor as ‘2014 International M&A Deal of the Year’ and ‘Agricultural Deal of the Year’.
Shanxi Coking Coal Group has been granted approval for its issuance of medium-term notes and short-term financing bills from NAFMII.
Dacheng has advised on the indirect acquisition of the listed Shijiazhuang Baoshi Electronic Glass Co by Tunghsu Group.
The assets restructuring programme of Yunnan Greenland Biological Technology has been approved by the M&A and Restructuring Review Committee of the CSRC.
Dacheng has advised Zhejiang Provincial Economic Construction Investment Co on the acquisition of Hangzhou Ozma CNC Equipment Co.
Dacheng senior partner Dun Mingyue has been appointed to an expert advisory panel for International Technology Transfer Network (ITTN).
Dacheng senior partner Ma Jiangtao has attended the 10th Anniversary Asia-Pacific Regional Arbitration Group (APRAG) Conference 2014 in Melbourne.
In March 2014, Dacheng partner Yin Xiuchao successfully defended Beijing Vision Strategy Technology against a charge over bid rigging.
A co-operative legal talent cultivation programme between Dacheng’s Nanchang office and Nanchang University School of Law has been launched.
Dacheng has represented a client in a maritime transport contract dispute between an international shipping company and a Chinese polypeptide producer.
Dacheng senior partner Gao Mingfei has accepted a mandate from Crowdfunding (Shanghai) Assets Management Co to act as its standing legal counsel.
A Dacheng team has guided Shandong Yanzhou Huimin Urban Construction Investment Co through the process required for approval from the NDRC.
In a case represented by Dacheng attorneys, the court of retrial cut the amount of accused bribe taken by Guo Guoping and ordered a penalty of lesser severity.
On 28 February, the International Trademark Association (INTA), upon the invitation of attorney Shang Jiangang, had a get-together at Dacheng’s Shanghai office.
DLA Piper has announced that Lisa Haile and Mark Fowler have been named to the Daily Journal’s 2014 list of ‘Top Intellectual Property Lawyers’.
Dare to share? Proposed new directive should help protect your confidential information when doing business in Europe download
The European Commission’s new directive should help businesses to stop others from obtaining, disclosing or using their trade secrets in the EU without their permission.
Data & Information E-Alerts — 28 March 2014: TPS laws for telemarketers; ICO’s corporate plan; and more download
Addleshaw Goddard has released the 28 March 2014 edition of its Data & Information E-Alerts publication.
Data & Information E-Alerts — nuisance calls action plan; £50,000 fine for unlawful calls; simpler security classifications; and more download
Addleshaw Goddard has released the 4 April 2014 edition of its Data & Information E-Alerts publication.
Data & Information E-Alerts: council agrees to improve practices after social service records sent to wrong address; and more download
Addleshaw Goddard has released the 17 April 2014 issue of its Data & Information E-Alerts publication.
Dr Chris Hayes of IBB Solicitors provides an update on what companies should be thinking about in the run-up to implementation.
On 8 April 2014, the Court of Justice declared the directive no. 2006/24/EC on the retention of data invalid.
DC deliberations on the Budget download
The implications for pensions are likely to be significant, with consequences for DC schemes and, indirectly, for DB schemes.
DC governance: new quality standards download
The pressure is building on DC pension schemes (both trust and contract based) to improve their standards of governance.
The implementation of the directive will have a significant effect in modernising consumer law, much of which was written around 30 years ago.
Deadlines coming for multinationals’ retirement plans and US taxpayers with foreign financial interests download
In 2010, the US enacted a sweeping change in enforcement of its tax laws on foreign financial interests, the Foreign Account Tax Compliance Act.
It can be difficult for shareholders of private established companies to sell shares without the company being quoted on an exchange.
Rather than a single new body to take on its role, the OFT’s functions have been spread between a number of different bodies, some old and some new.
Dentons has advised the UK government on its funding of a FEED contract that has been awarded to Shell UK in relation to the Peterhead CCS project.
On 1 May 2014, Dentons is set to host a complimentary seminar/webinar focusing on updates in employment and labour law updates.
Dentons’ Paris international arbitration team has set a victorious precedent for client Farmex in a dispute against the Republic of Armenia.
The Department of Energy is to hold a public meeting to discuss and receive comments on issues related to the Quadrennial Energy Review.
On 2 April 2014, advocate-general Wathelet issued his opinion in the case C-345/13, Karen Millen Fashions v Dunnes Stores.
Digital help for deputies? download
The Office of the Public Guardian has indicated that a suite of online tools for Court of Protection deputies is being developed to make the operation and administration of deputyships easier.
On 6 April, a long-standing feature of the law prohibiting discrimination at work will change, when discrimination questionnaires are ‘abolished’.
Our pre-eminent litigation practice in the Cayman Islands, Guernsey and Jersey advises clients on the full spectrum of contentious, semi-contentious and advisory work.
The court may make an order that provides for part of an ex-spouse’s maintenance to be paid from a percentage of the breadwinner’s future bonus payments.
DLA Piper has represented Avalara in its acquisition of the line of Zytax energy-related tax automation solutions.
DLA Piper has advised Arthur M Blank, owner of the Atlanta Falcons, on the acquisition of a new Major League Soccer (MLS) franchise in Atlanta.
DLA Piper has advised German media house Burda Magazine Holding on the acquisition of Wunder Media Production, a digital marketing specialist.
DLA Piper has advised the DfT Rail Executive on one of the first franchise direct awards since the executive’s creation earlier this year.
DLA Piper has advised Halton Borough Council on the £600m Mersey Gateway Project, a major scheme to build a new six-lane toll bridge over the Mersey.
Planta de Reserva Fría de Generación de Eten SA has received the Deal of the Year award in the project finance category from International Financial Law Review.
DLA Piper has advised Tawa, renamed Pro Global Insurance Solutions, on the reorganisation of its operations culminating in the demerger of its risk carrier business.
DLA Piper has advised client TowerJazz Japan on the completion of a joint venture with Panasonic Corporation.
DLA Piper has appointed Brett Feltham as a partner in the firm’s employment group. He commences in the firm’s Sydney office on 7 April 2014.
DLA Piper has secured the dismissal of patent infringement claims against subsidiaries of St Jude Medical, a global medical device manufacturer, by Volcano Corp.
DLA Piper has announced that Ashley R Altschuler will join the firm’s litigation practice as a partner in Wilmington, Delaware, with an office also in New York.
On 24 March, DLA Piper hosted its second Israeli Global Real Estate Conference in Tel Aviv.
DLA Piper has been recognised as a technology ‘powerhouse’ by the BTI Consulting Group in its newly published 2014 BTI Client Relationship Scorecard.
DLA Piper has launched its global Leadership Alliance for Women (LAW) programme in Australia this month.
DLA Piper has announced that four lawyers have been named to Law360’s ‘Rising Stars’ list.
DLA Piper has announced that Ben Boyd and Mary Gately have been named co-managing partners of the Washington DC office.
DLA Piper has published its first public ‘Communication on Progress’, which outlines the actions it has taken over the past year to integrate 10 principles into the business.
DLA Piper, in conjunction with its client GE and IMMMA Advocates, has begun a teaching course at the Law School of Tanzania for the fifth consecutive year.
The High Court of Australia has upheld the decision of the NSW Court of Appeal in the case of Norrie v NSW Registrar of Births, Deaths and Marriages.
The Tax Agent Services Act 2009 has been amended, heralding significant changes to the way financial planners are regulated.
DoE approves LNG exports to non-free trade countries — US foreign policy may be bigger factor moving forward download
The US DoE has issued an order granting approval to Jordan Cove to export LNG to countries that do not have a free-trade agreement with the US.
Over the last year, a series of cases has given useful guidance on the permissible length of covenants seeking to restrict an ex-employee’s client dealings.
Drag along or bring along download
Taylor Wessing’s Simon Walker explains the terms ‘drag along’ and ‘bring along’.
Partner — Guernsey
The Commercial Court has held that a ‘follow clause’ had the effect of binding a company to a settlement agreed by Lloyd’s syndicates under a separate insurance policy.
ECJ sheds new light soon after Pinckney upon criteria for establishing jurisdiction in copyright transnational infringement matters download
The EU Court of Justice has ruled once again upon the issue of jurisdiction in relation to copyright infringement matters.
The ECJ has confirmed that investment funds based outside the EU should benefit from the EU free movement of capital rule regarding investments in Europe
EMIR — European Commission responds to ESMA’s request to clarify the definition of derivative download
The European Commission has responded to a request from ESMA to clarify the definition of ‘financial instruments’ under Directive 2004/39/EC.
Bill Emlyn Jones has appeared for the prosecution in a case that saw four men jailed for life with minimum terms ranging from 18–35 years for the murder of Cem Duzgan.
The government is considering making emotional cruelty to children a criminal offence. Under the plans, parents who deny their children affection face prosecution.
‘Keep your income and expenses in the same currency’ — everyone knows this golden rule, even if they are not always able to stick to it.
As the economy improves, increased competitor activity and team or individual moves are inevitable.
At IBB Solicitors, we take a proactive approach to workplace problems, helping employers find the best possible outcome for their employment issues.
Approachable and commercially aware, our specialists have in-depth experience of the issues faced by businesses when managing their staff.
Dentons’ global employment and labour group includes more than 200 lawyers, spread across our offices, who regularly represent management in connection with employment and benefits-related litigation, corporate and governmental investigations, executive compensation and counselling projects.
A revised code of practice will replace the existing 2007 code of practice concerning disciplinary and grievance procedures in Jersey.
6 April 2014 saw a wide range of new employment law changes that have a big impact on both employers and employees.
Employment Matters Update — April 2014: abolition of discrimination questionnaires; mandatory ACAS conciliation; and more download
Discrimination questionnaires are being abolished. But don’t celebrate too soon…
Employment News — 14 April 2014: parental control: employees were TUPE transferred after share purchase by subsidiary download
Jackson Lloyd employed 400 people working at various sites on social-housing maintenance. When JL got into financial difficulties, its shares were bought by a subsidiary of Mears Group.
Employment News — 14 April 2014: the final straw — employer entitled to take strict view in light of previous warnings download
Before his dismissal, the claimant in Disotto Food Ltd v Carlos Santos for misconduct he had been given three warnings about his conduct.
Employment News — 7 April 2014: High Court to the rescue. Restrictive covenant is re-written to make it work download
The applicant employer in Prophet plc v Huggett sold specialist computer software for use in the fresh-produce industry.
This issue of Employment News focuses on the latest batch of employment reforms, including ACAS early claim conciliation and statutory discrimination questionnaires.
Eversheds has announced the appointment of employment partner Michael Burns, who joins the firm from DLA Piper.
Whatever stage of the employment relationship in which you require advice, our employment, pensions and incentive team can assist you.
Use Dentons and work with lawyers who understand the energy industry — who see the opportunities within traditional sectors and within new technologies — and who can help shape the business you want.
Enforcement of an arbitration award download
Arbitration in England is governed by the Arbitration Act 1996. The act presents a statutory basis from which to enforce arbitration awards.
English court considers scope of arbitration clause when there are allegations of criminal activity download
In Interprods Ltd v De La Rue International Ltd, the English court rejected arguments challenging arbitral awards under section 68 and 69 of the Arbitration Act 1996.
An English scheme for a company that has a ‘sufficiently close connection’ with the jurisdiction can be proposed, albeit recognition in Poland is at the discretion of the Polish courts.
Was a consistent practice of paying enhanced redundancy payments capable of being implied into individual contracts of employment?
The claimant in Panayiotou v Kernagahn was subjected to a series of detriments and was ultimately dismissed by his employer for having an incompatible business interest.
Dentons’ lawyers have broad experience with environmental laws across the globe.
The minister of the environment has issued a notice with respect to hydrofluorocarbons, pursuant to the Canadian Environmental Protection Act 1999.
Law firm Leigh Day has announced that it is taking legal action against a major supermarket chain on behalf of more than 400 workers.
The Ministry of Justice has published its quarterly tribunal statistics for October to December 2013.
This briefing looks at some of the implications that the reforms are likely to have for SMEs.
The ink is not yet dry on the new EU procurement directive, but the Cabinet Office is already talking about ‘fast-track’ implementation.
The ECJ has held that in certain cases the member states are required to propose to the commission the declassification of a site on the list of SCIs.
It is the ECJ’s view that the directive interferes with the fundamental rights to respect for private life and to the protection of personal data.
Hogan Lovells has been shortlisted for 11 Euromoney Legal Media Group Americas Women in Business Law Awards.
In the next of its series of ‘back to privacy basics’, Dentons looks the rules regarding the collection and processing of personal data.
As the next in the series of ‘back to privacy basics’, Dentons look at the rules regarding the retention of personal data.
The European Commission has published its communication to the European Council and the European Parliament on ‘Long-term financing of the European Economy’.
On 2 April 2014, the European Commission announced that it was fining the participants in a worldwide undersea cable cartel.
On 21 March 2014, the European Commission adopted a revised technology transfer block exemption regulation and accompanying guidelines.
European Commission’s public consultation on investment protection and investor-state dispute settlement in the TTIP download
The European Commission has opened its three-month public comment period on investment protection and investor-state dispute settlement in the TIIP.
The Data Retention Directive requires public electronic communications providers to retain certain communications data to help in the fight against serious crime.
The push towards e-procurement is continuing with the recent backing by the European Parliament of the European Commission’s proposals on e-invoicing.
OFAC has announced a settlement of nearly $6m with CWT for violations of the Cuban Assets Control Regulations, 31 CFR Part 515.
The unitary patent is a hybrid patent right governed by European law, international law and national law.
Eversheds has advised elderly care provider Four Seasons Healthcare on the acquisition of seven homes from Majesticare.
Eversheds has advised property developer Urban Splash on a £135m refinancing deal and a new joint venture agreement with the Pears Group.
Eversheds has advised Verlinvest, a family-owned investment company based in Brussels, on its investment in Genius Foods.
Eversheds has appointed construction and engineering disputes expert James Pickavance as a partner in its litigation and dispute management team.
Eversheds has announced new senior office partner roles for the firm’s London, Newcastle, Nottingham and Cardiff offices. The changes will take effect as of 1 May 2014.
Sarah Leutwiler of Eversheds has finished her international jockey career in Hollywood.
Geoffrey Mead, partner at Eversheds, has commented on the raft of changes ahead for the UK tribunal system.
Eversheds has commented on the UK’s FSA ordering tests on takeaway food purporting to contain lamb meat.
Eversheds partner Tim Buckingham has commented on the news that the Mt Gox Bitcoin exchange has entered administration.
Eversheds International has opened new branch offices in Berlin, Casablanca and Tangier.
Eversheds has signed an agreement with CWA Morocco to partner in the country, establishing two new offices in Casablanca and Tangier.
Eversheds Saladžius is sponsoring the ‘Integrating Social Sciences into Legal Research’ conference organised by Vilnius University Faculty of Law.
Eversheds Saladžius is sponsoring the 5th Congress of Lawyers: Legal Institutions in Modern Society.
Eversheds partner Richard Lewis has commented on Sun Pharmaceuticals’ acquisition of Ranbaxy.
Ben Jones has commented on the anticipated release of the decision of the ECJ in respect of the legal challenge raised by the UK to the proposed EU FTT.
A new study from Eversheds has revealed a significant increase in the number of large commercial disputes and the majority of conflicts are being resolved in court.
Eversheds has successfully appealed a High Court decision that had serious implications in relation to the scope of the duty of care owed by accountants to their clients.
Eversheds has won the Inclusive Culture Award at the Opportunity Now Excellence in Practice Awards 2014.
Where a buyer wrongfully neglects or refuses to accept and pay for goods, the seller may bring an action for damages for non-acceptance.
Does a contract have to be signed to be valid? Should I execute the document as a deed? Walker Morris answers these questions and more.
US president Barack Obama has issued an executive order to raise the minimum wage for federal contractors and subcontractors under certain contracts.
Expansion of antitrust enforcement continues with extradition — foreign executive to face US antitrust charges download
On 4 April 2014, the Department of Justice’s Antitrust Division announced its first successful extradition of a foreign national to the US on antitrust charges.
Expect greater SEC scrutiny of hedge funds that share information or collaborate in advance of their trades download
A recent article focused attention on ‘activist’ investors and stock analysts who ‘tip’ other investors about planned campaigns and their accumulation of long/short positions.
Extension from 50 to 70 years of the term of protection of the phonogram producer’s rights on musical works’ recordings download
The Legislative Decree amending directive 2006/11/EC on the term of protection of copyright and certain related rights has been published in the Italian Official Gazette.
Feltham v Bouskell provides a cautionary tale for lawyers regarding the need to act quickly upon the receipt of instructions from elderly or ill clients.
The Supreme Court has held that financial support directions issued to a company by the Pensions Regulator will rank as a ‘provable debt’ of a company.
Falling between two stools — employees could not bring claims against transferee over failure to provide TUPE information download
Allen v Morrisons Facilities Services Ltd involved the transfer of several hundred employees as part of a large-scale change of service providers of the council’s housing maintenance services.
Falling out with your contractor download
Disputes in the construction industry are common. Rebecca Huston considers the position in the absence of a contract and the benefit of properly documenting matters.
Our family law department offers the highest quality of service to our clients, stemming from the experience and talent of outstanding family lawyers.
We’re here to help you resolve divorce and separation issues as swiftly and sensitively as possible with caring, compassionate advice and representation.
From 22 April 2014, individual county courts will no longer exist — all will be replaced by the Single County Court.
Partner — Cayman Islands
The Financial Conduct Authority published its annual business plan on 31 March 2014.
The FCA is encouraging all alternative investment fund managers (AIFMs) to submit their applications for permission to manage an AIF before 22 April 2014.
The FCA has updated its AIFMD Latest News. The regulator is advising firms to submit applications as soon as possible, ideally no later than 22 April 2014.
The recently published FCA business plan and risk outlook for 2014 contain some instructive pointers for institutions on both the buy-side and the sell-side.
The FCC has adopted two decisions that affect compliance obligations for a wide range of organisations that make or facilitate voice calls to consumers.
Federal agencies propose health IT regulatory framework, seek stakeholder input and participation in new initiatives download
A draft report outlining a proposed strategy and recommendations for a ‘risk-based’ regulatory framework for health information technology has been released.
In a set of comprehensive regulations affecting non-agricultural leasing on Indian land, the Department of the Interior, BIA, has made sweeping changes.
Fifteen per cent higher stamp duty rate for companies buying residential properties now kicks in at £500,000 download
The chancellor’s 2014 Budget, announced on 19 March 2014, set out a number of changes and extensions to the post-2012 stamp duty land tax regime.
A recent Ontario Labour Relations Board decision illustrates the importance of timely filing of appeals of Ministry of Labour inspectors’ orders.
The China (Shanghai) pilot free-trade zone was launched in September 2013 with the promise of significant reforms in a number of areas.
Financial Regulatory Developments — update on G20 on Brisbane Summit preparations; Ukraine warning; and more download
The FSB has sent the G20 finance ministers and Central Bank governors a letter outlining the work it is carrying out ahead of the Brisbane Summit.
Financial Report: SEC chair speech at SIFMA seminar; cross-border implementation; consultation on bonus clawback; and more download
DLA Piper has released the latest version (Volume 3, No.7) of The Financial Report, featuring news and analysis from across the financial sector.
The aim of this update is to focus on current legal and regulatory developments affecting financial services institutions in Jersey.
Financial services newsletter — trade reporting obligations from 12 February 2014; standard form for EMIR reporting; and more download
Eversheds has released the latest version of its financial services newsletter.
Eversheds has commented on the Opportunity Now Project 28-40 Report, saying that agility is the key to retaining women in business.
Employers will need to take steps to prepare for the extension of the right to request flexible working arrangements on 30 June.
This briefing provides an explanation of how the new flexible working regime will work, along with some advice for employers on how to minimise the risks of litigation.
Flexible working: now you see me... download
Flexible working for the masses comes into force on 30 June 2014. Anyone with 26 weeks’ continuous service will be able to apply to work flexibly.
This article is intended to offer developer clients an insight into the current state of play with flooding policy.
Food and Beverage News and Trends — April 2014: food industry opposes trans-fat bar and proposes setting limitations; and more download
This regular publication by DLA Piper lawyers focuses on helping clients navigate the ever-changing business, legal and regulatory landscape.
Food and Beverage News and Trends: healthy food options for students; menu labelling rules; and more download
This regular publication by DLA Piper lawyers focuses on helping clients navigate the ever-changing business, legal and regulatory landscape.
Foreign courts and foreign cars download
As hard as it is to drive in a foreign country, protecting client confidences when dealing with someone in a foreign country can be an even greater challenge.
If you are planning to purchase a foreign property, there are some legal issues you should consider first, including how you will own the property, taxation and inheritance.
Baker Tilly’s team of forensic specialists provides expert, conflict-free assistance to clients facing contentious, sensitive and confidential situations.
The Sheffield Forum for the Built Environment is a networking organisation for the property, development and construction industries.
The amendment has not yet been extended by ministerial decree to all companies falling within the scope of the Syntec agreement.
DLA Piper’s franchise and distribution practice has been recognised among Franchise Times’ 2014 Dealmakers of the Year.
The Australian government has released an exposure draft of the Competition and Consumer (Industry Codes-Franchising) Regulations 2014.
For many businesses around the world, franchising is the most efficient, profitable path to growth. Whether you are a start-up company or a mature establishment, Dentons understands the franchise industry and its diverse legal needs.
Freedom of information and the private sector — the next chapter in transparency by the coalition government download
Private businesses working with the public sector must be increasingly prepared for the growing impact of FOI on those relationships.
Australia’s recent conclusion of two free-trade agreements with South Korea and Japan are likely to present significant opportunities in the agricultural sector.
Partner — Guernsey
Over the past few years, the FTC has provided guidance regarding mobile platforms and app providers’ practices of collecting data about consumers’ locations through their mobile devices.
The Full Federal Court has issued its judgment in Commissioner of Taxation v Resource Capital Fund III LP  FCAFC 37, overturning the Federal Court’s judgment.
The AIFMD and the relevant Jersey-implementing legislation have been in force for more than six months.
Further details have been released in relation to the compensation packages for homeowners and businesses close to the HS2 high-speed rail link.
Gateley has advised on LDC’s investment to support the acquisition of Prism UK Medical from Prism Medical.
A cross-discipline corporate and real-estate team from Gateley has advised on a deal that saw café chain Patisserie Valerie acquire the Philpotts sandwich business.
Following strong year-end deal volume results in the 2013 national and regional Experian Corpfin league tables, Gateley has reported impressive rankings in Q1 2014.
William Ballmann has commented following the news that only 18 per cent of businesses in Yorkshire and the north east are showing signs of business distress.
The General Court, in its decision of 25 March 2014, case T-291/12, made a statement on the ability of an advertising slogan to be registered as a trademark.
Generator Optional Firm Access rights — AEMC announces terms of reference for detailed design work download
On 6 March 2014, the AEMC released terms of reference to progress work on the Optional Firm Access (OFA) framework.
Partner — Jersey
We are all familiar with the idea of ‘getting it in writing’. We are referring to recording an agreed position between parties. ‘In writing’, however, is a constantly evolving legal concept.
Global Insight is a digital publication bringing you news, views and analysis from DLA Piper’s global restructuring group.
Good faith: an employer’s duty download
The IBM case is an important step in establishing the extent of the obligations employers owe their employees and former employees in relation to pension provision.
Unregistered Community design right comes into existence automatically by the fact of making products incorporating the design in question available to the public in the EU.
Goodman Derrick will be hosting a seminar called ‘Protecting the value in your publishing business: what could possibly go wrong?’
This edition of Governance News provides a synopsis of Minter Ellison’s weekly summary of corporate law and governance developments in Australia and overseas.
Bearer shares introduce a level of cloudiness into company ownership that the government says is incompatible with its ambitions for corporate transparency.
Partner — Jersey
Partner — Guernsey
The US Citizenship and Immigration Services has announced it received more new H-1B petitions than it is authorised to approve for fiscal year 2015.
Travel insurance company Staysure has told 93,000 of its customers that their credit card details may have been stolen by hackers.
Partner — Guernsey
The partners in Allen & Overy’s global employment and benefits practice have elected Hans-Peter Löw as their head.
Health Alert — 14 April 2014: inquest into the death of Thomas Freemantle; Molloy v El Masri; and more download
DLA has released the 14 April 2014 issue of its Health Alert, which focuses on judgments, legislation and reports in the health sector.
Health Alert — 28 April 2014: Tamara King by her next friend Kevin King v Sydney West Local Health District; and more download
DLA has released the 28 April 2014 issue of its Health Alert, which focuses on judgments, legislation and reports in the health sector.
Health Alert — 31 March 2014: Re JS; Health Care Complaints Commission v Dr Stephen Poole; and more download
DLA has released the 31 March 2014 issue of its Health Alert, which focuses on judgments, legislation and reports in the health sector.
Health Alert — 7 April 2014: Plowman v Sisters of St John of God Inc; Janet Harris v Sydney Local Health District; and more download
DLA has released the 7 April 2014 issue of its Health Alert, which focuses on judgments, legislation and reports in the health sector.
Mills & Reeve has released the April 2014 edition of its Health Legal Update, which includes information on NHS commercial, employment and patient matters.
Dentons has more than 100 lawyers, consultants and policy professionals who have spent their entire professional careers exclusively counseling healthcare life sciences organisations.
The EAT has now listed the cases of Bear Scotland Ltd v Fulton and Neal v Freightliner Ltd to be heard on 30 and 31 July 2014.
Heisse Kursawe Eversheds, the German global arm of Eversheds, has announced the opening of a third German office in Berlin.
Partner — British Virgin Islands, Cape Town
Here we go again: Australian government releases draft amendments to the Franchising Code of Conduct download
The Australian government has released an exposure draft of amendments to the Trade Practices (Industry Codes — Franchising) Regulations 1998.
Careful drafting is usually required for restrictive covenants to be enforceable, although Prophet plc v Huggett provides the exception to the rule.
As building control is governed by statutory regulations and administered by local authorities, planning lawyers are frequently approached for advice when building control problems arise.
A recent decision has confirmed the purpose and effect of key provisions relating to transitional security interests, perfection, priority and vesting rules under the PPSA 2009.
Hogan Lovells has advised Actavis on its acquisition of Silom Medical Company for approximately $100m in cash.
Hogan Lovells has advised the shareholders of Carcraft on its management buyout led by chief executive officer Robin Bridge for an undisclosed sum.
Hogan Lovells has advised the Department for Transport on the financing of the £2.7bn East Coast phase of the UK’s Intercity Express (IEP) programme.
Hogan Lovells has advised on a series of transactions in the student accommodation sector, completing three acquisitions for LaSalle Investment Management.
Hogan Lovells has advised SCOR on the VIF reinsurance of the individual life insurance business portfolio of Mediterráneo Vida, owned by Banco Sabadell.
Hogan Lovells and My Family Care are hosting a roundtable session on 8 May 2014 to take a look at the implications of the shared parental leave regulations.
Hogan Lovells has elected new partners to its board. The Hogan Lovells board comprises 12 members in total.
Hogan Lovells’ London pensions team has launched ‘Pensions360: the full picture’, a new, free and interactive website for corporate clients.
Hogan Lovells has announced that it has been named as the 2014 International Law Office (ILO) Client Choice Firm Winner for Italy.
Hogan Lovells has won the Chambers Global 2014 award for Dispute Resolution Law Firm of the Year for its strong performance in disputes throughout the year.
Hogan Lovells has provided legal support in the creation of Youth Business Spain (YBS).
Hogan Lovells has been shortlisted for 11 Euromoney Legal Media Group Americas Women in Business Law awards.
Yale Law Women has selected Hogan Lovells as a top 10 family-friendly firm in its annual policy survey, Top 10 Family Friendly Firms Initiative.
Hogan Lovells has been named ‘Commercial Litigation Law Firm of the Year’ and ‘Hong Kong Law Firm of the Year’ at the Who’s Who Legal Awards 2014.
Hogan Lovells has been shortlisted for Pension Law Firm of the Year at the Pension and Investment Provider Awards 2014, hosted by FT publication Pensions Expert.
Kathryn Hellings is joining Hogan Lovells US as a partner in its antitrust, competition and economic regulation and investigations, white-collar and fraud groups.
Hogan Lovells’ tax team has been shortlisted in 11 categories of the International Tax Review (ITR) European Tax Awards.
Our dedicated and highly experienced team of lawyers can help you pursue a claim at no financial risk to you wherever you are in the world.
On 13 March 2014, the House of Lords published its post-legislative scrutiny report on the Mental Capacity Act 2005.
The rate at which house prices are rising has continued to increase, according to official figures from the Office for National Statistics.
House Ways and Means chairman tax reform discussion draft — proposals that have impact on colleges and universities download
The building blocks for what could eventually form the base of US tax reform include dramatic proposals that will impact universities and colleges.
The Federal Court recently considered the concepts of ‘legal advice’ and ‘independence’ in relation to claims for legal professional privilege.
How deep do you bury the golden egg? Court of Appeal declines jurisdiction to wind up Yung Kee Holdings download
The Court of Appeal has declined jurisdiction to wind up Yung Kee Holdings, upholding the decision that the company did not have ‘sufficient connection’ with Hong Kong.
There is no free-standing general concept of ‘image rights’ protecting against the reproduction of a person’s image. However, there are other ways in which an image can be protected.
Jo Hilliard, managing associate at Addleshaw Goddard, looks at the changes affecting claimants, employers and lawyers.
The HS2 Bill will permit the construction of the first phase of the national high-speed rail network that will connect London Euston to Birmingham Curzon Street.
HS2 objections build download
A House of Commons committee has said that areas of irreplaceable natural value along the route of the HS2 rail project are at risk of being subordinated to ‘crude economic calculations’.
The powers to construct and operate phase one of HS2 will be secured by means of a hybrid bill: the High Speed Rail (London–West Midlands) Bill.
Huge court fee increases download
On 22 April, we will see the introduction of increased County Court fees.
What happens if you’re struggling to make ends meet? The thought of paying rent for another two, three or four years may feel like a prison sentence. So how do you escape?
The focus is on mobile apps but the guidance is no less applicable to apps on other devices such as games consoles.
Iken, which supplies case management software, has become a corporate sponsor of representative body Lawyers in Local Government.
Hogan Lovells has been named as the 2014 International Law Office (ILO) Client Choice Firm Winner for Italy.
Pillsbury partner James Tumbridge has again been named the exclusive recipient of the 2014 Client Choice Awards from ILO in the area of litigation in the UK.
On 24 April 2014, a roundtable focusing on new challenges faced by Ukraine’s banking sector — organised by Ilyashev & Partners — will take place.
Maksym Kopeychykov, attorney at law and partner at Ilyashev & Partners, has joined the working group on administrative reform.
Stabilise your immigration strategies with lawyers at Dentons. Our immigration team is well versed in all areas of immigration services, meeting your needs through every step of the process.
The Penningtons Manches immigration team is widely regarded as a collaborative, friendly team that delivers innovative solutions and guidance to its clients.
Immigration law for employers download
Nabila Mallick summarises the key points of immigration law for employers.
The visa processing service, which until how has been provided by WorldBridge, will be provided by VFS Global from 26 March 2014.
Article 2 of Law no. 2014-1 of 2 January 2014 enabled the French government to simplify and secure the legislation relating to companies in difficulty.
Improvements proposed to regulations governing petitions to the California State Water Resources Control Board download
Although the process is straightforward, the demands on the State Water Resources Control Board’s limited resources have turned the petition process into a black hole.
The court’s interpretation of ‘unfair harm’ in the context of paragraph 74 of Schedule B1 of Insolvency Act 1986 has recently been considered by the High Court.
The US Supreme Court has invalidated federal aggregate limits on individual political contributions in the case McCutcheon et al v Federal Election Commission.
Ince & Co’s Paul Ho and Evangelos Catsambas have won the Shipping/Transport categories at the 2014 Client Choice awards.
Ince & Co has promoted two lawyers to the partnership with effect from 1 May 2014.
Ince & Co has announced that the law firm’s Asia offices have won the ‘Maritime Law Award’ at the 7th Seatrade Asia Awards.
Incorporation describes the process of forming a new legal entity (a company) that is recognised at law as a separate legal person.
Dorset County Council Trading Standards Service has prosecuted Apple Group Holdings for making direct marketing calls to people who have registered on the TPS’s ‘do not call’ list.
In the sphere of industry, we provide the highest-quality legal products and efficient business solutions.
At IBB Solicitors, we have an exceptional level of expertise in all aspects of information technology law.
For many people, their home is their most valuable asset and can give rise to a significant inheritance tax liability on their death (or the death of the surviving spouse).
Injunctions in matrimonial matters download
Michael Gouriet and Natalie O’Shea review the court’s approach to anti-suit injunctions and also consider what Ahmed & Anor v Mustafa demonstrates about injunctions.
The definition of risk is constantly changing. You need lawyers who know your business and know how to mitigate your exposure.
At Carey Olsen, our market-leading insurance team offers clients a depth of experience that sets us apart from other offshore law firms.
Insurance and Reinsurance Newsletter: April 2014 — Italy: new regulations on complaints management; and more download
On 1 April 2014, the draft measure containing amendments to ISVAP regulation no. 24 on complaints handling was published on the IVASS website.
This briefing provides an introduction to the factors that determine whether a Jersey insurance business transfer scheme is required.
Addleshaw Goddard has released the March 2014 edition of its InSure publication, which rounds up developments affecting the insurance industry.
At IBB, we are passionately committed to helping businesses develop a bespoke IP strategy to protect your property and build your commercial success.
Penningtons Manches specialises in all aspects of intellectual property law. We give clear, practical guidance in complex and rapidly evolving areas.
From protecting intellectual property rights, through advising on data security issues, technology licensing and sourcing strategies, Dentons’ lawyers work relentlessly to protect your investment.
Reed Exhibitions has selected Iken Case Management and Time Recording software to support the work of its UK-based legal team.
It is hard now to imagine growing up in a world without the internet. The online environment is invaluable for learning, socialising and entertaining everyone, not least children.
Interpretation of ‘issue’ in wills download
The bailiff was recently asked to consider an application from Mrs Le Cras for a ruling from the court as to the interpretation of her late father’s two wills.
The High Court case of Jarden Solutions (Europe) Ltd v SEB SA concerned a dispute about deep fat fryers.
Broadly speaking, the competition regime will continue as before with the same basic rules. However, the opportunity has been taken to reinforce the CMA’s powers.
Allen & Overy has produced a checklist of the key steps and issues involved to help clients navigate through the process of an investigation.
We advise on all fund structures including open and closed-ended, limited partnerships, unit trusts and companies in the BVI, the Cayman Islands, Guernsey and Jersey.
Investment funds in Guernsey download
The investment funds industry in Guernsey has achieved significant growth in recent years.
The Cayman Islands is one of the world’s leading offshore jurisdictions for the establishment of investment funds.
Investment Management Update: FCA’s 2014 Risk Outlook; consumer complaints fall; European Parliament draft agenda; and more download
The FCA has published its risk outlook for the year. The outlook is split into two parts entitled ‘drivers of risk’ and ‘the evolving risk landscape’.
IRS issues guidance regarding the Windsor decision’s application to qualified retirement plans download
The US IRS has issued Notice 2014-19 addressing how qualified retirement plans must treat the marriages of same-sex couples in light of United States v Windsor.
In IRS Notice 2014-19 and accompanying FAQs, the IRS issued long-awaited guidance addressing the treatment of same-sex spouses under qualified retirement plans.
Eversheds parter Simon Rice-Birchall has commented in anticipation of the government’s findings from its call for evidence regarding current whistleblowing laws.
Yes, held the Employment Appeal Tribunal in The Commissioner of Police of the Metropolis v Keohane.
Changes in the law should make it easier for victims of domestic violence to access public funding to obtain legal advice and assistance.
The court has emphasised that sharing stops on divorce — so logic dictates that with the marriage over, sharing has no place in the assessment of maintenance.
An issues paper has been released as part of the government’s competition law and policy review announced by minister for small business Bruce Billson in December 2013.
We offer many years of experience ‘under the bonnet’ of project negotiations and strategy, enabling us to act astutely and effectively.
The ITC has reaffirmed its power to ban electronic transmissions from the US where those transmissions infringe an intellectual property right or are otherwise based on an unfair trade practice.
Parmjit Singh, head of the India business group at Eversheds, has commented following Sun Pharmaceuticals’ acquisition of Ranbaxy.
Partner — Jersey
The High Court has quashed (for the second time) a planning permission for a single dwelling on the edge of Hazelwood in Derbyshire.
Penningtons Manches has announced that Joanne Edwards has become chair of Resolution, a 6,500-strong national family law association.
In last week’s newspaper in Amman, Jordan, it was reported that the government was going to issue a new licensing regulation for power companies.
The fourth edition of Doyle & Keay’s Insolvency Legislation: Annotations & Commentary, written by Louis Doyle and Prof Andrew Keay, has been published.
Partner (LLP) — London, Jersey
Judge Robinson revises her procedures: how will patent litigation change in Delaware? Top points download
Judge Sue L Robinson, the longest-tenured judge in the District of Delaware, has changed her procedures and form scheduling order.
A recent Court of Appeal judgment may prove to be a catalyst for greater fines for large organisations convicted of regulatory offences.
On 5 February 2014, the government published a response to the consultation on further proposed reforms to the judicial review process.
The new year has brought with it two interesting decisions from the Technology and Construction Court that provide useful guidance on parties’ rights to adjudicate.
What is an insured defendant obliged to disclose about their private insurance arrangements?
The EAT decision in Crime Reduction Initiative v Lawrence is a reminder that when considering justification tribunals should discount any purely procedural errors.
Karanovic & Nikolic has hosted a number of participants from the largest companies in Macedonia at the first-ever Corporate Counsel Forum.
Karanovic & Nikolic hosted the recent spring meeting of the officers and council members of the European Forum of the IBA.
Karanovic & Nikolic recently hosted students and arbitrators on the occasion of the VII Belgrade Open Pre-Moot.
Sam Karim from Kings Chambers was part of a recent delegation on a business mission to Brazil to promote barristers’ expertise in international dispute resolution.
Partner — Jersey
Kemp Little has presented Roy Castle Lung Cancer Foundation with a cheque for £11,546.
Asset managers continue to face significant regulatory challenges and 2014 marks the first full year of operation for many new regulations.
In the past three years, Myanmar has been enjoying a hotel boom, driven by surging tourist arrivals as the country opens up to economic and political reforms.
Richard Clayton QC of Kings Chambers has acted for the interveners, the Media Legal Defence Initiative and the Campaign for Freedom for Information.
The benchers of the Inn of Court for Northern Ireland have conferred on Marcus Daly SC the degree of barrister at law for admission to practice in Northern Ireland.
Paul Tucker QC of Kings Chambers has been included in Planning magazine’s list of top 10 Top Rated Planning Silks 2014.
Richard Clayton QC of Kings Chambers is currently instructed by Kingston LBC to recover £600,000 of business rates from the charity Emergency Aid.
Partner — Jersey
A developer will be only too aware that a proposed development may infringe adjoining landowners’ rights of light.
A series of interviews conducted by KPMG highlights that the current IFRS model of mandatory annual impairment testing of goodwill is due for a rethink.
Our corporate law department has been operating successfully within the GRATA structure for a long time. One of the focuses of the department is labour law.
Of particular interest to us UK-based competition lawyers, 31 March was the last day of trading for the UK’s Office of Fair Trading.
Latest news — April 2014: the training of UPC judges; local and regional UPC divisions announced; and more download
The Preparatory Committee has now formulated a number of categories of suitability of the candidates, including those with training needs.
Law à la Mode — April 2014: fashion flair transforms wearable technologies; delivering IT services in the retail sector; and more download
DLA Piper has released the April 2014 issue of its Law à la Mode publication.
Partner — Guernsey
Partner — Guernsey
A client received an application from his tenant for consent to assign to their lease; however, the tenant had provided only sketchy information as to the proposed assignee’s financial standing.
In Legalease’s latest Legal 500 EMEA directory, Wierzbowski Eversheds has earned a number of recommendations.
The 2014 edition of The Legal 500: Europe, Middle East & Africa has recommended DLA Piper in Ukraine across a number of practice areas.
This briefing note summarises the availability of public funding for individuals during the inquest process.
Legislature drops forced localisation provision as Brazil moves ahead bill of law for internet civil rights framework download
Brazil’s Marco Civil da Internet, the bill of law establishing a civil rights framework for the internet, has been approved by the Brazilian House of Representatives.
Lehman: new limitations on plan payment of individual creditors’ committee members’ professional fees download
A court has issued a decision barring reorganisation plans from paying the legal fees of members of official creditors’ committees absent a showing of substantial contribution to the estate.
Nassera Butt of No5 Chambers’ Family Law Group has been shortlisted for Barrister of the Year at the Leicestershire Law Society Legal Awards 2014.
Let the break battles (re)commence download
Non-compliance with a mandatory requirement of a break clause will render it invalid. Tenant break options are a well-trodden battleground for landlords and tenants.
LIBOR — a quick update download
One year on from the Financial Services Act, what’s changed?
The Jersey Financial Services Commission has confirmed its position in relation to the licensing of Jersey law LLPs to conduct certain classes of ‘fund services business’.
Whether you are in pharmaceuticals, veterinary drugs, medical devices, diagnostics, biotechnology, life sciences research, plant biology, crop science, agriculture, or ‘border’ products such as nutraceuticals, food supplements and food products — Dentons knows your business.
This article discusses what different limitation periods would be and how the limitation period is calculated for building contracts.
The first instalment payment for the new San Francisco gross receipts tax is due on 30 April 2014.
Where monies are improperly paid out of a company, they may be traced through various accounts to the end recipient, even if each stage in the laundering cannot be identified.
Carey Olsen’s listing services team is well versed in acting as sponsor and/or adviser to a significant number of issuers and investment funds’ listings on the CISE and the CSX.
Business involves taking risks. Your choice of litigation and dispute resolution lawyers should not.
Litigation costs: the hidden truth download
A party to a dispute must put itself in the best possible position to maximise costs recovery.
Litigation: a marathon or a sprint? download
Shoosmiths’ Kath Livingston, who joined 36,000 others pounding the streets in the London Marathon on Sunday, ponders whether litigation is a marathon or a sprint.
A report by the Charity Commission has highlighted the risk that charity independence can be threatened where local authorities are able to exercise control.
The Lord Chancellor has appointed Kings Chambers barrister Melanie Plimmer to sit as a judge of the First-Tier Tribunal.
Luxembourg newsflash: Luxembourg concludes intergovernmental agreement with the US on FATCA download
The governments of Luxembourg and the US have signed an intergovernmental agreement on the implementation of the Foreign Account Tax Compliance Act in Luxembourg.
The Luxembourg tax authorities are currently carrying out transfer pricing audits, particularly for financing companies.
M&A Weekly Update — need for clarity when drafting conditions to completion; new regime for consumer credit authorisation; and more download
Macfarlanes has released its M&A Weekly Update for the period 21–27 March 2014.
The new ‘salaried member’ rules, which will treat members of an LLP as employees for tax purposes in certain circumstances, came into force on 6 April 2014.
M&A Weekly Update: when is there a duty of good faith between contracting parties; prospectuses: acceptable languages; and more download
Two cases decided last year raised concerns that the English judiciary were becoming more open to implying a duty of good faith into commercial contracts.
Partner — Jersey
A recent decision has highlighted the importance of parties adopting careful consideration when drafting notices of referral to commence adjudication proceedings.
Following the deportation by the Sri Lankan authorities of a British tourist because she had a Buddha tattoo on her arm, Shoosmiths looks at the issue of tattoos in the workplace.
Partner — Cayman Islands
In order to be a UK alternative investment fund manager, you need to be carrying on the regulated activity of ‘managing an AIF’.
Canada’s government has issued a consultation paper regarding proposed mandatory reporting standards for payments by extractive industry companies to governments.
Ince & Co partner Andrew Chan, who has advised maritime and trade clients throughout a career spanning more than 30 years, is retiring from the firm.
Market abuse regime download
The current EU market abuse regime is in line for an overhaul. It is anticipated that the implementation of the new proposals may not come into force until 2016.
Partner — Jersey
Marshalling is an equitable principle that aims to prevent one secured creditor arbitrarily depriving another secured creditor of his only security.
The claimant in Kuehne and Nagel Ltd v Cosgrove was asked for her consent to be tested for cannabis use following what she was told was an anonymous tip-off.
Partner — Jersey
Outer Temple Chambers has welcomed Matthew McDonagh, who joins the firm’s health department from 23 Essex Street.
Partner — Cayman Islands
At IBB Solicitors, our specialist team will help you to resolve your disputes quickly and easily — often without the need for court intervention.
Medical negligence cases, in an era of increasingly advanced medical research and technological development, are still on the rise.
Memery Crystal has acted for Mediterranean Oil & Gas in its application for indemnity costs following its successful defence of a fraud claim brought by Leni Gas & Oil.
Whether you’re planning an acquisition or a sale, entering into a joint venture or considering a corporate restructure our M&A lawyers can help.
M&A transactions can be complex. You need an ally who listens to your needs, and combines legal procedures with an innovative approach to close your deal quickly, efficiently and successfully.
Mesothelioma Bill hasn’t done enough download
Much has been written and said about the rights and wrongs of the new Mesothelioma Bill, passed by the government earlier this year.
Messages from Export Week download
UKTI launched its North West Export Week on 7 April, with an event focusing on export opportunities in south-east Asia, in particular China.
When a relationship breaks down, whether a couple are married or not, problems can arise over children, money and property.
Michael Burrows QC prosecuted in the recent Richard Deakin murder appeal, which saw David Harrison, 64, convicted of the murder of Richard Deakin in December 2012.
Eleven men have been handed prison sentences or periods in youth custody for their role in a large-scale conspiracy selling drugs in Telford.
Mr Justice Ryan has delivered judgment in a case concerning the refusal by Canada Life to facilitate an overseas transfer of PRSA assets to a Maltese pension arrangement.
Middle East: Dubai Electricity & Water Authority launches tender process for the Hassyan clean coal power project download
DEWA will be selecting a suitable developer or developer consortium to own 49 per cent of a project company to build and operate an independent power project.
Mikhail Ilyashev from Ilyashev & Partners has spoken at the X Annual Legal Forum in the Ukraine.
Mills & Reeve has advised Birmingham City University on the relocation of the Birmingham Conservatoire to a new £40m purpose-built facility in Eastside.
Mills & Reeve has advised private equity house Key Capital Partners on its investment in educational caterer Alliance in Partnership (AIP).
Nigel Shepherd, a partner in Mills & Reeve’s family and matrimonial team, has been appointed vice-chair of national family law organisation Resolution.
Partner — Jersey
Milton Keynes corporate briefing: ‘reasonable’ notice periods; transparency and trust in UK business; and more download
What is a ‘reasonable’ notice period when the contract is silent? This was the question that came before Mr Justice Norris towards the end of 2013.
Mime is money: email management download
To avoid inboxes being overrun with spam and malware, most firms employ a filter — Mimecast and Postini are two examples.
Employers and the courts are increasingly having to wrestle with covert recordings made by employees and when they should be admitted as evidence.
With Dentons, you’ll benefit from our in-depth understanding of the mining sector, as well as our worldwide reach, seamless service, and cross-border, multijurisdictional insight that can provide you with the right strategies to grow your business.
The Treasury and the Department of Industry have released a discussion paper setting out options for implementing the proposed scheme.
Minter Ellison partner David Pratley and special counsel Michael Ward have advised Permira on the tax aspects of an agreement to sell Renaissance Learning.
We welcome the Financial System Inquiry (FSI) and the opportunity to offer detailed insights and recommendations to the inquiry via this written submission.
Business as usual will not be enough to secure a productive future for Australians, according to Minter Ellison’s financial services experts.
Misapplying the prescribed part download
You will already be aware that office holders are required to set aside certain realisations for the benefit of unsecured creditors under the Insolvency Act 1986.
Andrew Barber and Emma Radmore look at what those who lend and advise under regulated mortgages must do to comply with the new rules.
The Queensland Government has unveiled a series of amendments to be made to the Building and Construction Industry Payments Act 2004 (BCIPA).
In the 2014 Budget, several changes to the tax rules for DC pensions were announced that will give greater flexibility to individuals saving in DC pension plans.
The Canada Revenue Agency (CRA) has issued further guidance on the Canadian tax issues arising in respect of the bitcoin virtual currency.
More penalties for errant directors download
Business secretary Vince Cable has tabled new rules that will see company directors face tougher penalties for breaking the law.
Partner — Guernsey
Partner — Guernsey
Mourant Ozannes has advised John Laing Environmental Assets Group on all Guernsey-related aspects of its listing on the main market of London Stock Exchange.
Mourant Ozannes has advised Vision Knight Capital Partners on the launch of its second China private equity fund, Vision Knight Capital (China) Fund II LP.
Mourant Ozannes is to co-present two trust and private client conferences — one in Guernsey and one in Jersey.
Mourant Ozannes has been named Best Offshore Law Firm for Client Service at the HFMWeek European Hedge Fund Services Awards 2014.
Muddy employee incentive issues in a disappointing exit: nine practical tips for public company acquirers download
In mediocre pay-outs, transaction proceeds are unlikely to give a substantial return to common stockholders, yet may be sufficient to return the initial investment to preferred stockholders.
Partner — Jersey
Stella Beaumont, former director of international and business development at Guardian News & Media, has joined Nabarro’s board as a non-executive director.
Nabarro has announced that three associates have been promoted to the partnership. The promotions will take effect from 1 May 2014.
The Board of National Bank of Ukraine has adopted Resolution No. 172, by which it introduced new particularities of foreign currency transactions performance.
Nationally ranked by Chambers USA as one of the best Native American law practices in the US, our team is unique in the breadth of experience we collectively offer you.
GRATA is the leading independent legal consultant in the mining and natural resources sector in Central Asia.
Mills & Reeve offers top tips for those looking to move or get their foot on the housing ladder.
NCTM has advised BNL and Unicredit in connection with an acquisition financing to Aso Siderurgica for the acquisition of Cromsteel Industries SA.
NCTM has been reorganising the leadership positions for its departments, resulting in new co-ordinators for its 12 departments, with Vittorio Noseda as the overall leader.
NCTM has been awarded the Law Firm of the Year — Equity Capital Markets, while Piermauro Carabellese won Professional of the Year — Transfer Pricing.
A raft of new legislation comes into force on 6 April, which is now only a matter of days away. Walker Morris looks at what employers ‘need to know’ in advance of this date.
New ABI guidance download
The ABI has issued guidance on lock-up agreements, in particular in response to concerns over the extent to which lock-ups are waived during the lock-up periods.
New ACAS early conciliation scheme download
From 6 April 2014, a new system of pre-claim conciliation will be in place for all employment tribunal claims.
The secondary legislation that sets out the detail on how workplace pension reform works has been subject to two phases of amendment.
New bill on renewable energy sources download
After years of legislative work on new regulations concerning renewable energy sources, the government has approved its bill on renewable energy sources.
In 2008, the regime for preventing illegal working in the UK was changed by the introduction of civil penalties under the Immigration, Asylum and Nationality Act 2006.
New copyright exceptions published download
The government has published the hotly anticipated new exceptions to copyright, which cover personal copies for private use, parody, quotation and research.
The Department of Health has published its own guidance setting out how New Fair Deal will operate in the NHS Pension Scheme.
Montenegro has recently obtained a new general collective agreement (GCA), after almost 18 months of a hiatus. The GCA came into force on 30 March 2014.
On 1 April, the Groceries Code Adjudicator issued two guidance documents relating to GSCOP: dispute escalation and arbitration.
HHJ Pelling QC has offered some useful guidance on assessing an account of profits for passing off in his recent judgment.
The MHRA offers useful guidance on the difference between apps that are regulated as medical devices and those that are related to healthcare but do not qualify.
This division is experienced in the opportunities and challenges faced by house builders and developers involved in new-build projects, developments and proposals.
The ICSA Registrars Group has been working to produce a guidance note and model Articles of Association for companies pursuing new payment methods.
New Model Services Contract — New Model Contract precedent for government ICT and business process outsourcing contracts download
The Model Services Contract is intended to reflect current government priorities and recommended ways of doing business.
From 6 April 2014, permitted development rights have been extended to allow further changes of use, without the need for planning permission.
The new guidance is intended to reflect and support (but not replace) the National Planning Policy Framework published on 27 March 2012.
On 28 March 2014, three new EU public procurement directives were published in the Official Journal of the European Union.
New regulations now govern the procedure that enforcement agents must follow when taking control of goods to recover a debt — for example former tenancy arrears.
The Waste (England and Wales) Regulations require that, as from January 2015, there must be separate collections for paper, metal, plastic and glass where practicable.
HMRC is introducing new registration and self-certification requirements for both new and existing share plans effective from 6 April 2014.
New rules provide a framework for Shanghai free-trade zone to open the doors on VATS: a cause for optimism? download
Since the establishment of the Shanghai free-trade zone, investors have been closely monitoring the liberalisation policies in the telecommunications sector.
New UK Merger Control Regime download
Widespread reforms to the UK’s competition law regime have come into force.
For employers wondering whether their policies are in compliance, we have prepared this brief outline of the law’s key requirements.
The first Luxembourg R-QFII UCITS2 allowing for a 100 per cent China A-Shares strategy has been approved by the Luxembourg CSSF.
Next step towards the banking union download
The European Parliament has approved three pieces of legislation considered as central for the establishment of a solid and efficient Banking Union.
Eversheds associate Andrew Bennett has commented on news that Mid Staffordshire NHS Foundation Trust has been fined for health and safety breaches.
London’s equity capital markets will benefit from a further boost this month as the new stamp duty exemption for securities trading on growth markets comes into effect.
Stephen Kitts, Asia managing partner at Eversheds, has commented on news that a Chinese consortium is buying Glencore Xstrata’s copper mine in Peru.
The CJEU has upheld the system of website blocking injunctions in place in Austria following a reference from the Austrian Supreme Court.
Planning and environment barrister Timothy Jones from No5 has appeared for the successful claimant, a mobile-home park owner, in a recent case.
The Anthony Barker QC Memorial Shield 2014 six-a-side cricket event will raise funds in aid of Marie Curie Cancer Care and Citizens Advice Bureau.
No5 Chambers barrister Phil Bradley has defended Michaela Hutchings, 23, of Staffordshire, who retained a wrongly credited bank transfer.
No5 Chambers has entered teams in both the London and Midland Legal Walks, which are set to take place on 19 May 2014.
No5 Chambers has announced that it is the headline sponsor of the 2014 Birmingham Young Professional of the Year (BYPY) Awards.
On 4 April, Birmingham Citizens Advice Bureau held a fundraising Golf Day at North Worcestershire Golf Club, which was sponsored by No5 Chambers.
Ian Bridge of No5 Chambers, instructed by Shakespeares, has defended a major supplier of sand and aggregates based in the south east.
S Chelvan of No5 Chambers has been interviewed for a news item that was broadcast on Channel 4 News on 28 March.
Chris Young from No5 Chambers will be on a panel of speakers for the debate ‘Can the plan-led system deliver?’ at the PEBA National Conference.
No5 Chambers has announced that Susan Monaghan has been called to the Bar of Northern Ireland.
A team from No5 Chambers will be abseiling from 120ft inside of One Snowhill on 11 May 2014 to raise money for Birmingham Children’s Hospital.
No5 Chambers’ Becket Bedford, with Zane Malik as junior, has won a significant advance in the protection of child rights on asylum.
Jeremy Cahill QC and Nina Pindham from No5 Chambers have successfully attained two outline planning permissions for William Davis.
Ramby de Mello has represented a Hindu prisoner who was granted interim relief to attend his father’s funeral free of handcuffs.
Ian Dove QC and James Corbet Burcher from No5 Chambers have appeared before Mr Justice Lindblom in the first case to be heard in the Planning Court.
Adam Farrer has acted for the Health and Safety Executive at the inquest into the death of a female patient who was being detained in a secure hospital in Lincoln.
Tim Jones from No5 Chambers has assisted in an international, inter-university arbitration moot at Belgrade University.
Ian Dove QC and Martin Kingston QC from No5’s planning group have been highly ranked in Planning magazine’s survey.
Tim Pole from No5 Chambers has appeared for the prosecution in a case that saw Steve Colson plead guilty to four offences of contravening the Health and Safety Act 1974.
Philip Williams from No5 Chambers, instructed by Jacqui Kendall at Plexus Law, has represented the Dover Roman Painted House Trust in a damages case.
Norwich Pharmacal relief — obtaining information relating to a BVI company from its registered agent download
This briefing note deals with the circumstances in which and methods by which non-public information about a BVI company can be obtained by a third party.
It was not ‘harassment’ for a manager to mention the College of Nurses of Ontario and remind nurses of their professional obligations, an arbitrator has held.
Not quite an eye for an eye — judge rules that employee’s ‘kick in the butt’ excuses co-worker’s punch in the mouth download
Does a ‘kick in the butt’ excuse a punch in the mouth? That was the question facing the Court in the recent case of Li v Furguson.
IBB Solicitors gives you the reassurance that your documents are correctly authenticated and accepted as legally binding for their intended purpose.
The notary offices provide counsel on real-estate transactions and financings as well as on high-volume mergers and acquisitions needing notarisation under German law.
Partner — Jersey
Octane and Highmark — Supreme Court lowers standard for awarding attorneys’ fees in patent cases download
The US Supreme Court has issued two related opinions regarding the appropriate standard for awarding attorneys’ fees in patent litigation.
Ofcom has consulted on regulations that would permit the use of 3G and 4G technologies on aircraft.
Ofgem approves change to UK Gas Day download
Ofgem has approved UNC 461 that will align the Gas Day definition in the UNC with EU gas codes.
The Office of Fair Trading has published its final report on its market study into the supply of information and communication technology to the public sector.
The OFT finds a significant imbalance of power between ICT suppliers and public sector buyers that prevents effective competition.
Ogier Fiduciary Services has announced the promotion of Charles Le Cornu to director. The firm has also welcomed new directors Simon King and Jon Barratt.
Ogier acted with Mibank, Tweed, Hadley & McCloy to represent the the underwriters on the $350m initial public offering by Nord Anglia Education.
Ogier has advised Intu on its acquisition of a 50 per cent interest in Merry Hill shopping centre and 100 per cent interests in Derby shopping centre and Sprucefield retail park.
Partner — Jersey
Following on from the Roma-branded Mobility Scooters case earlier this year, the OFT has announced a second decision on mobility scooters.
Ontario’s government has introduced a bill that would result in harsher penalties for distracted driving.
The High Court recently handed down its judgment in a caseregarding the use by the defendants of an image of Betty Boop and the word ‘Boop’ on merchandise.
There has been much discussion around the issue of open disclosure in recent times.
OTC silks have appeared for the trustee of IBM’s two principal UK defined-benefit pension schemes and the representative beneficiaries in a landmark case.
Tom Gibson from Outer Temple Chambers has appeared for an NHS trust in a successful Mitchell-type strike-out of a clinical negligence claim.
This year, ‘the struggle for rights and better social conditions’ may be taking a new turn for the Italian workforce.
Jeffrey Cheung and Alan Cheung explain the regulated activities that require licensing by the Securities and Futures Commission.
In AMEC Group v Secretary of State for Defence, the Technology and Construction Court highlighted the importance of drafting target cost clauses with precision.
Partner — Jersey
ICT suppliers and their public sector customers both need to take action following the publication of the results of the OFT’s market study into the sector.
Paul Cairnes has represented the only successful appellant in an inquiry into three appeals against the refusal of planning permission for development schemes in Feniton.
Paul Weller recently won damages after the Mail Online published images of his children. Andrew Terry, partner and media expert at Eversheds has commented on the decision.
Baker Tilly offers outsourced back office accounting, management reporting and payroll services via its innovative Cloud solutions.
Warren Collins, a personal injury practitioner and former head of Simpson Millar’s catastrophic injury team, has joined the Penningtons Manches personal injury team.
Joanne Edwards has made several radio and television appearances to discuss family justice reforms coming into effect in England and Wales.
Penningtons Manches’ immigration team has been selected to spearhead a review of the UK’s immigration options for international creative and artistic talent.
The life sciences team at Penningtons Manches has recently worked alongside Evotec’s general counsel on the company’s research alliance with Panion.
Pension law changes from 6 April: new disclosure regulations, auto-enrolment, TUPE transfers and tax limits download
The Occupational and Personal Pension Schemes (Disclosure of Information) Regulations 2013 come into force on 6 April 2014.
Penningtons Manches aims to provide pensions advice across a range of issues in a straightforward and easily understandable manner.
George Osborne has announced significant changes for pensions in regard to members of DC schemes in connection with when they can access their pension savings.
This month’s Pensions Matter provides an overview of key pension cases and their practical implications.
HMRC has published its first in a series of Countdown Bulletins to assist employees, trustees and their advisers.
Pensions Matter — April 2014: the Pensions Regulator publishes further guidance on asset-backed arrangements
Guidance from the Pensions Regulator (TPR) on asset-backed arrangements confers the steps TPR considers trustees should take before entering into such an arrangement.
Pensions speedbrief — scheme closures and benefit changes: High Court sheds light on some dos and don’ts download
This speedbrief looks at IBM UK v Dalgleish and its practical implications for employers and trustees who are considering DB benefit change exercises.
Pensions. Retirement plans. Employee benefits and executive compensation. If you’re searching for a firm with a deep knowledge and understanding of these areas, look no further. Dentons’ lawyers are leaders in their fields.
The Court of Appeal has held that payments made in accordance with a bond will not be held on trust by the recipient beneficiary where the demand for payment was validly made.
Penningtons Manches is regarded as one of the leading specialist personal injury advisers in the UK, especially for serious injury claims involving brain and spinal injuries.
At IBB Solicitors, our team of personal injury and clinical negligence solicitors are here to give you the help, advice and support you need.
Partner — Jersey
Jeffrey B Grill has been appointed to serve as managing partner of Pillsbury’s Washington DC office, effective 14 April 2014.
Pillsbury has announced the opening of its Austin office as the next step in the firm’s strategic focus and its commitment to clients throughout the state of Texas and the Gulf Coast.
Colette McCormack, partner in Winckworth Sherwood’s planning team, has been quoted in Planning magazine.
Planning magazine’s annual survey of solicitors has seen Hogan Lovells rise in the ranking of top planning law firms.
Paul Harris, intellectual property litigation partner at Pillsbury, gives his thoughts and observations on the commercial world, and intellectual property in particular.
Eversheds partner Stuart Andrews has commented on the publication of a garden city prospectus by the UK government.
Popovici’s Serban Patriciu will be talking at a conference about critical contractual and legal issues on arise in real-estate and construction projects.
With the demand for many industries to cater for cross-border markets, more and more UK employers are requiring their workforce to be mobile nationally and also across Europe.
The European Medicines Agency launched a new post-marketing surveillance system in the autumn called the ‘Black Triangle’ scheme.
A recent decision may result in a potentially more expansive basis for establishing jurisdiction over defendants in Europe.
The Federation Council has approved a law requiring foreign citizens to take examinations in Russian history in order to obtain work and residency permits.
The Law Society has issued a useful practice note on power of attorney in cross-border matters.
The government’s proposed changes to the tax treatment of certain members of limited liability partnerships will be implemented next month.
A recent US case could have been designed to tick as many ‘topical’ boxes as possible, ranging over the financial sector, big data and the possibly anti-competitive use of technology.
If the company makes any future share offering, a venture capital investor will require the right to maintain at least its percentage stake in the company.
From next year, you could face tax penalties under the rules of the ACA if you fail to offer healthcare coverage to your full-time employees and their dependents.
President Obama has issued an executive order and a presidential memorandum aimed at ‘closing the persistent pay gap for women and minorities’.
In July 2013, the government introduced a new regime of ‘protected conversations’, preventing certain discussions from being admissible in tribunal proceedings.
The Department of Business, Innovation & Skills has announced that the Primary Authority Scheme will be extended to cover fire safety in England and Wales.
In Prince v ACE Aviation Holdings Inc, the Ontario Court of Appeal declined to exercise its jurisdiction and stayed the class action.
Our privacy and security lawyers operate at the intersection of technology and law. We understand that data is one of your core assets, driving insights and enabling development of valuable new products and services.
Our established private client team offers clients confidence that their legal advisers are pure specialists in their fields.
The Penningtons Manches private client team provides innovative, clear and tailored solutions.
With our strategic focus in an array of industry sectors, we understand the trends, challenges and players — delivering key intelligence to guide your decisions. Whether you seek or invest private capital or want to establish a fund, lawyers from the global offices of Dentons create solutions to fulfil your goals.
In a recent decision, the European Commission confirmed that investors can be found liable where they exercise ‘decisive influence’ over a company and its decisions.
The AVCA conference was held in Lagos, Nigeria, at the beginning of this month. Here are Dentons’ top five takeaways from the conference.
Private swimming pools by-laws download
The City of Johannesburg has published the fourth draft Safety Measures for Private Swimming Pools By-laws for public comment.
Privilege denied — defendants’ attempts to withhold disclosure of documents on the grounds of litigation privilege rejected download
In two recent cases, it has been held that professionally prepared correspondence and reports were not protected by litigation privilege.
On 16 April 2014, the Privy Council issued a welcome decision in the Fairfield Sentry case.
For claimants lodging claims on or after 6 May 2014, it will be compulsory to follow the early conciliation process prior to submitting a claim.
Penningtons Manches is acknowledged as a leader in the field of professional regulation.
Drawing on considerable experience in various sectors such as energy, natural resources, life sciences and mixed-use development, our lawyers and professionals see your industry as you do.
Ben Jones, tax expert at Eversheds, has commented on news concerning tax affairs of Bernie Ecclestone’s family.
Our established property team represents developers, investors and businesses in the acquisition, development, financing, sale and leasing of property in Guernsey and Jersey.
A nuisance is an action carried out by one landowner that unduly interferes with another landowner’s use of its land.
Proportionate liability clauses are a common feature in professional firms’ engagement letters. But there has been very little case law on whether they work or not.
IORP II has a dual legislative basis: completion of the internal market in financial services and consumer protection.
The chancellor has proposed changes to tax reliefs for television programmes and video games that were introduced by the Finance Act 2013.
Proposed changes to the ‘in Australia’ condition for tax concessions — what do they mean for the higher education sector? download
The federal government has proposed changes that will alter the requirements placed on higher education bodies, potentially affecting their tax status.
On 3 April 2014, a clear majority of the European Parliament voted in favour of measures aimed at guaranteeing the openness of the internet.
The venture capital investors in an investment round normally require that certain actions cannot be taken without the consent of the holders of a majority of their class or series of shares.
As a global law firm acting on behalf of countries and territories, international organisations, state enterprises and multinational corporations and businesspeople, Dentons’ lawyers have a comprehensive understanding of and experience in addressing these and other matters of public international law.
Dentons offers a unique blend of knowledge and experience in all aspects of public law, on constitutional principles as well as administrative proceedings.
Dentons navigates the critical intersection of business, law, regulation, policy and politics. Using a results-oriented approach, we deliver innovative solutions tailored to your specific goals. By working together, you tackle every political or regulatory obstacle with a powerful ally by your side.
This briefing looks at the changes to the circumstances in which bids can be negotiated and suggest some helpful tips for making bid negotiations work.
Valuations by the government are expected to show that current employer contributions rates do not ensure that the costs of public sector pension schemes will be met in the future.
Putative class action in the Southern District of New York challenges use of ‘shadow insurance’ download
A new putative class action suit alleges that the use of ‘shadow insurance’ transactions violates New York Insurance Law section 4226(a)(4).
Minter Ellison has created a quarterly update to discuss the tax issues that you may wish to raise with your board during each reporting period, starting with Q3.
The US Supreme Court’s decision in a campaign finance case frees individual political donors to contribute to an unlimited number of federal campaigns and committees.
Ratchet structures download
A ratchet is a structure whereby the eventual equity allocations between the shareholders depend on future performance of the company or the rate of return achieved by the venture capital firm.
We are always pleased to support you in sale of mortgaged assets, eviction of estate and any alteration to a property’s specified purpose.
At Dentons, we bring strong, established local, regional and global experience and know-how to help you succeed in all your real-estate ventures and projects.
We advise on all aspects of property, tax, corporate, commercial and dispute resolution law for the full spectrum of real-estate transactions.
Macfarlanes has published its Real Estate Legal Update for April 2014. It covers commercial rent arrears recovery and the law of private nuisance.
In Goodman and others v Elwood, the Court of Appeal revisited and developed this principle in the context of a successor in title of part of burdened land.
Real Estate Litigation Update — April 2014: commercial rent arrears recovery (CRAR) — distressing times download
A change to the law regulating how landlords can recover commercial rent arrears comes into force on 6 April 2014.
Real Estate Litigation Update — April 2014: rights to light — will they stop you developing? download
A recent Supreme Court decision in Coventry and ors v Lawrence and ors may herald a welcome change of attitude.
On 24 February, the Court of Appeal delivered its unanimous judgment in the long-awaited Game appeal (Pillar Denton Ltd and Ors v Jervis & Ors  EWCA Civ).
A Court of Appeal decision has provided some clarity in determining the legal status of tenants who remain in occupation once the term of a contracted-out lease expires.
At IBB Solicitors, our property dispute resolution experts can provide constructive advice to effectively resolve a dispute.
Real-estate tax update download
The ATED is an annual tax charge of up to £143,750 on residential property situated in the UK worth £2m or more that is held by certain non-natural persons.
The promise of smart grids lies in the ability to gather more detailed data about the performance of the utility network.
Over the last few months, several global arbitration institutions have introduced amendments to their arbitral rules.
Recent changes in tax legislation download
The law of Ukraine ?1166-VII ‘On Prevention of the Financial Disaster and Creation of the Grounds for Economic Growth in Ukraine’ was adopted by the parliament on 27 March 2014.
The law of Ukraine ?1166-VII introduces some notable changes to the Ukrainian tax code and other laws.
Recent data security challenges in the health and social care sector — what is your response? download
The latest exercise of its powers by the ICO brings the issue of data security home to roost in the health and social care sector.
Recent insurance cases — spring 2014 download
This briefing from Eversheds focuses on three recent insurance cases, including Frank McHugh v Shelbourne O’Brien Ltd Trading As the Stag’s Head.
The offshore world has seen an increase in insolvency matters raising cross-border issues together with a clear trend of judicial inventiveness.
Taylor Wessing previously considered the decision of the court allowing a tenant to remove even very heavy industrial items. This decision has now been overturned.
RED Alert — spring 2014: excluding liability for misrepresentation — ‘he said/she said’ is not a good argument download
This judgment sets out a useful examination of the factors that are relevant in determining whether or not a non-reliance clause satisfies the ‘reasonableness test’.
This decision is a very useful reminder of how Part 36 will be applied by the courts and how serious the consequences can be.
RED Alert — spring 2014: quick tips — waving the red flag: early warning signs that tenants might be struggling download
In order to maximise their position and prospects of recovery, landlords should ensure that they are fully on top of their tenants’ rent accounts and well advised from an early stage.
RED Alert — spring 2014: severe costs consequences for failure to mediate: when silence is not golden download
The Court of Appeal recently looked at how the court should deal with a party who fails to respond to an invitation to participate in alternative dispute resolution.
RED Alert — spring 2014: take a break — Marks and Spencer plc v BNP Paribas Securities Services Trust Company (Jersey) download
The appeal of the High Court’s decision in Marks and Spencer v BNP Paribas Securities Services Trust Company (Jersey) was heard by the Court of Appeal on 25 March.
This briefing explores the implications of ending a contract early.
The Treasury has released draft legislation for public comment, with the aim of reducing compliance costs for business and improving productivity generally.
The UK government has announced the finalised wording of its proposed reform of UK copyright exceptions. This briefing focuses on caricature, parody and pastiche.
The UK government has announced the finalised wording of its proposed reform of UK copyright exceptions. This briefing focuses on contract overrides.
The UK government has announced the finalised wording of its proposed reform of UK copyright exceptions. This briefing focuses on fair dealing with quotations.
The UK government has announced the finalised wording of its proposed reform of UK copyright exceptions. This briefing focuses on personal copies for private use.
The European Parliament has published its resolution on the proposal for a Regulation of the European Parliament and Council on trials on medicinal products for human use.
Our regulatory lawyers advise clients in financial services and other industry sectors on regulatory issues that affect their businesses in the BVI, the Cayman Islands, Guernsey and Jersey.
On 1 April 2014, the FCA published its research into ‘Consumer Credit and Consumers in Vulnerable Circumstances’ customer segmentation.
The recent IBM judgment provides a reminder to employers to stick to their core values or face potential claims that they have breached the implied duty of trust and confidence.
One less-well-known AWR requirement is to provide information on agency workers as part of a reorganisation.
Reports on growing demand for water and energy highlight urgency of co-ordinated policy approach download
The availability of an already scarce essential resource is sure to become a significant challenge for power producers and energy policymakers.
The latest amendments to the Foreign Exchange Law will come into effect on 27 March 2014.
To rescind a winding-up order, the court must be satisfied that the circumstances of the case are materially different to those before the court that made the order.
Our residential conveyancing solicitors provide professional legal advice on all aspects of buying and selling property.
At IBB Solicitors, our Residential Development and Regeneration team is recognised as one of the best and most experienced in the business.
We work hard to minimise your stress levels by being easy to reach and talk to throughout the sale or purchase of your home or property investment.
The new Companies Ordinance (Cap. 622), which came into effect on 3 March 2014, is a substantial rewrite of Hong Kong companies law.
Penningtons Manches’ multi-disciplinary team advises on the full spectrum of restructuring, insolvency, bankruptcy and recovery.
Whether you’re a director, a debtor, a secured or unsecured creditor or an insolvency practitioner, we offer a proven track record of working with you and your advisers.
Baker Tilly’s restructuring and recovery specialists provide expertise in restructuring, recovery and insolvency services.
Whether you are managing a real-estate portfolio, a distressed manufacturer or healthcare service provider; purchasing a weakened retail operation or struggling transportation business; or simply a trader of heavily discounted sovereign and institutional debt and other securities, you can rely on us to take the edge off your anxiety.
On 21 March 2014, the European Commission adopted a revised technology transfer block exemption, which applies to bilateral licences of technology rights.
The revised directive harmonises the transparency requirements relating to information about issuers whose securities are admitted to trading on an EU regulated market.
In December 2012, ESMA published its guidelines on exchange-traded funds (ETFs) and other Undertaking for Collective Investment in Transferable Securities (UCITS) issues.
These are contractual terms between shareholders that are usually included in the articles of association.
Partner — Jersey
IBB’s road traffic department prides itself on providing a tailor-made service to both individuals and commercial clients.
The Ninth Circuit Court of Appeals has ruled that under 28 USC § 1348, ‘a national bank is “located” only in the state designated as its main office’.
If entry for the chance to win a prize requires participants to post content featuring a company’s products or services, the participants should disclose that their posts are pursuant to a contest.
Partner (LLP) — London
The continuing development of sanctions against Russian individuals is likely and will have an impact on those engaged in business with Russian counterparties.
Eversheds holds leader position in TMT and is recommended in the field of public procurement law in Rzeczpospolita’s 12th annual ranking of law firms.
The finalists for this year’s Legal Aid Lawyer of the Year Awards have been announced. No5 Chambers barrister S Chelvan has been shortlisted.
Same-sex couples are now legally allowed to marry for the first time in this jurisdiction.
Schoenherr has advised AMX and Carso Telecom in connection with the negotiation of a shareholders’ agreement with OIAG regarding their respective participations in Telekom Austria.
Schoenherr has advised Österreichische Volksbanken-AG (OeVAG) on the sale of its fully owned subsidiary Volksbank Malta to Malta-based Mediterranean Bank.
Schoenherr has advised the shareholders of Helios Domžale and pledgees in Helios shares in the sale of a majority stake in Helios to RIH.
Stefan Kuehteubl will join Schoenherr as a partner and the head of the firm’s employment practice as of July 2014.
Schoenherr is the clients’ law firm of choice in Austria for 2014, according to legal publisher Chambers and Partners’ Client Service Awards.
That science and new scientific developments are a vital part of our modern society is reflected in one of the changes brought in by the new Defamation Act 2013.
The Corporate Services Scrutiny Panel has issued its report and findings into the Interim Population Policy, which proposes to limit inward migration.
Securities and corporate finance transactions have become increasingly complex and challenging, particularly in the midst of fluctuating market conditions. Partner with Dentons and work with an innovative thinker in all aspects of securities transactions and regulation, corporate finance and capital markets.
This short note summarises what the EU is working towards when it comes to securities financing and rehypothecation transactions.
We are all familiar with the radio adverts at the end of which a breathless actor speed-reads or sings the mandatory ‘legal bits’.
With the Terrorism Risk Insurance Act set to expire at the end of 2014 unless extended, senators have introduced a bill to extend it.
The Sentencing Council has published its definitive guideline for the sentencing of environmental offences.
The Ministry of Finance adopted amendments to the Rulebook aimed at easing certain transfer pricing requirements and rectifying certain ambiguities and technical errors.
The Shanghai government recently issued sweeping changes to the regulation of industrial land-use rights
Shipping and Transportation Bulletin: circumvention of anti-dumping duties; concession fees; and more download
NCTM comments on a recent EGC judgment dealing with circumvention of anti-dumping duties, a subject that has become quite frequent in international trade.
Shoosmiths has advised the sellers on the £40m sale of digital marketing agency Realise to St Ives.
Shoosmiths’ Edinburgh team has capped recent successes with a win for the private client team at the Scottish Legal Awards 2014.
The private equity team at Shoosmiths has advised funds managed by Palatine Private Equity on the management buyout of Gusto Restaurants and Bars.
Short-term physical and psychological management and secondary prevention of self-harm in primary and secondary care
In 2004, the National Institute for Health and Care Excellence issued guidance on this subject.
A group of businesses, landowners and planning authorities in London’s West End are working to develop a pilot scheme under which planning departments would be able to fully recover the costs of dealing with planning applications.
The views expressed in this paper are given from the perspective of the solutions and strategies available to shut down rogue sites in the UK.
Ten members of a cyber gang, which plundered £1.25m from British banks through the use of ‘trojan horse’ devices to hijack computers, have been sentenced.
As of 15 April 2014, businesses can look forward to the removal of certain substantial administrative burdens.
General terms and conditions are any contractual terms that have been provided by one contracting party (user) to the other party.
Small print and small screens download
Partner — Jersey
The Social Value Act represented a step-change for some public bodies that were nervous about seeking to achieve social, environmental or wider economic ends through their procurement activity.
E.Surv claimed contribution under the Civil Liability (Contribution) Act 1978 from Goldsmith Williams.
Accountants can draw some comfort following the recent Court of Appeal decision in Mehjoo v Harben Barker.
Special problems of syndicated loans download
Syndication continues to grow in popularity among lenders. Here, the authors explain the significant legal issues surrounding such transactions.
Sports, Media and Entertainment Intelligence — anti-money laundering rules for online gambling; terms for new C4 licence; and more
Sports, Media and Entertainment Intelligence is the global monthly publication from DLA Piper’s sports, media and entertainment group.
Spot the difference — TUPE applied even though activities carried out in different way post transfer download
The contract that was the subject of Qlog Ltd v O’Brien related to the transportation of cardboard packaging goods on behalf of a client.
Eversheds’ Spotlight briefing includes developments in Italian derivatives case law and an overview of the amendments made to Spain’s insolvency regulation.
Each April brings change for pension schemes, and although this year may prove to be not quite as exciting as next year there is still plenty to be thinking about.
In Marshall v Prescott, the NSW Court of Appeal considered the issue of common interest privilege and when insurers and insureds are likely to have a ‘self-same’ interest in proceedings.
The High Court has held that in certain circumstances the European Insolvency Regulations 1346/2000/EC may effectively extend the jurisdictional reach of the English courts.
Stephenson Harwood has advised Ambience Ventures on its acquisition of a stake in the national rail operator of Kenya and Uganda, RVR, from TransCentury.
Stephenson Harwood has advised Lansen Pharmaceutical Holdings on the acquisition of the rights to sell Sicorten Plus in China from Novartis.
The Interserve/Kajima consortium has been appointed as the preferred bidder on the first private finance batch of the UK government’s flagship school-building programme.
Partner (LLP) — London, Jersey
Strategic HR at the Isle of Wight Council has selected Iken Case Management and Time Recording to support the work of their HR business partner and health, safety and welfare teams.
MOFCOM has been drafting rules implementing the Interim Regulation on the Standards Applicable to Simple Cases of Concentrations between Business Operators.
Bermuda’s legal framework facilitates the creation of flexible and economically viable co-investment vehicles within a stable and business-friendly jurisdiction.
Our firm has always had and still retains the leading position in the area of subsoil use.
This briefing is intended to provide a summary of the proposed amendments to the Companies (Guernsey) Law 2008.
A recent Southern District of New York decision considered coverage for a policyholder’s losses caused by ConEd’s Bowling Green Network outage.
After Mr Durkin’s 16-year-long battle, the Supreme Court has ruled that he validly rescinded his credit agreement. This article looks at the implications for the decision.
The Supreme Court in Coventry v Lawrence has altered the approach that courts will take when considering whether to grant injunctive relief or damages.
The court has considered whether a party could be liable for a pre-contractual misrepresentation where the party to which the representation was originally made was not the ultimate contracting party.
The Supreme Court has issued a ruling striking down the aggregate limits on individual campaign contributions under the Federal Election Campaign Act.
The court has struck down a campaign finance provision that limited the total amount that individuals may contribute to federal political candidates and committees.
The Svea Court of Appeal has adopted new guidelines in relation to the challenge of arbitration awards.
Talking HR telly — smooth as Silk download
The recent TV series Silk portrayed a situation where the senior clerk was accused of sexual harassment against a pupil for similar actions.
In the complex world of tax, our role is simple: to serve as an extension of your business. At Dentons, our value comes from seeing your business as you do and collaborating with you every step of the way.
Tax newsletter: Austria — April 2014 download
The most recent draft of the Austrian Budget Accompanying Act of 2014 provides for a calculation basis for the RETT in compliance with the Austrian federal constitution.
Arendt and Medernach’s quarterly tax update is dedicated to the main changes that have occurred over the last three months with regard to Luxembourg and international tax law.
Quality tax advice is an integral part of the service Baker Tilly provides to its clients.
Taxation of cloud services in Serbia download
This text analyses the tax position of foreign cloud companies providing cloud services in or from Serbia.
Taylor Wessing has advised Dame Vera Lynn and her company on the release of previously unreleased recordings in a new album.
Marshalling has been under the spotlight following two recent cases. Here Gateley looks at one of them: Szepietowski v The National Crime Agency.
Teckal companies pursuing ‘private’ interests, even those that are charitable, could fall outside of the exemption download
A recent AG opinion provides further guidance on how not-for-profit organisations are treated under the Teckal exemption in public procurement.
GRATA Law Firm provides legal consultancy services to companies that carry out activities in the area of telecommunications and transport.
Spare a thought for the technology lawyer. He or she can spend hours crafting a set of website or mobile terms and conditions the size of a small novella and what happens?
The 1992 version of the ISDA Master Agreement appears to have pre-dated the dawn of the email era.
The Budget and planning download
The government yet again intends to ‘improve and streamline the planning system’. Gateley has summarised the key points.
How does a local authority find itself paying for care, veterinary fees and cattery costs for a significant number of years, as part of a section 117 package?
The continuing effect of a negligent pre-contractual misrepresentation — Cramaso v Ogilvie-Grant, Earl of Seafield and Others
A party can be liable for a pre-contractual misrepresentation, even though the representation was first made to a party other than the ultimate contracting party.
In Rose, the Administrative Court considered whether a CCG had acted unlawfully in failing to follow guidance issued by NICE.
Here is a summary of the discussion points following a seminar on managing the end of an employment relationship and using post-termination restrictive covenants.
The EU Court of Justice has shed new light on the issue of trademark genericisation by drawing the boundaries of the concept of ‘relevant public’.
In February 2013, the European Commission released a draft Network and Information Security Directive.
On 31 March 2014, 10 days after it published its new guides to supervision, the FCA published its Business Plan and Risk Outlook for the coming year.
As it moves into its second year as the FCA, the FCA has recently published its Business Plan for 2014–15 and its second annual Risk Outlook.
The Financial Report: DC Circuit strikes down part of conflict minerals rule; MAS publishes monetary policy statement; and more
DLA Piper has released the latest version (Volume 3, No.8) of The Financial Report, featuring news and analysis from across the financial sector.
The Fish and Wildlife Service lists the lesser prairie-chicken as a threatened species under the Endangered Species Act download
On 21 March 2014, the US Fish and Wildlife Service promulgated a final rule that lists the lesser prairie-chicken as a ‘threatened’ species under the ESA.
The General Court has made a statement about the notion of evidence of genuine use of an earlier trademark into an opposition proceedings.
Part of the cross-government Health, Work and Wellbeing initiative, the ‘Health and Work Service’ will provide occupational health advice and support for employers and employees.
The government consultation on the possible extension for licensing hours during the World Cup has come to a close.
The decision in Sadar v NHS Commissioning Board is a stark reminder of the evidential issues that arise when claims are not brought until the claimant reaches majority.
This is an introduction to the dissertation of Marnix Holtzer. His dissertation appeared in February 2014 and was published by Kluwer.
Selecting someone for redundancy still needs to be clearly shown to be an objective and fair process.
The JMSLG’s board has approved the final guidance for consumer credit firms relating to their compliance with anti-money laundering obligations.
There are now a number of government-backed schemes in existence with the intention of making home ownership more affordable and accessible to the general public.
The last few months have seen many announcements in relation to changes expected in the employment law arena.
Walker Morris’s legislation tracker sets out the changes in order and highlights the headline points together with the proposed or confirmed implementation dates.
No5 Chambers has been shortlisted for the Chambers of the Year award at The Lawyer Awards 2014.
According to an independent survey held by The Legal 500 — EMEA 2014, Ilyashev & Partners is a top-tier firm in dispute resolution and intellectual property.
The Liechtenstein Disclosure Facility is a tax disclosure facility for UK taxpayers. It is open to those with unpaid UK tax liabilities who had assets outside the UK as at 1 September 2009.
Wildgen has released an April 2014 update on the Luxembourg double tax treaties network.
On 5 March 2014, the Supreme Court handed down its judgment in Stott v Thomas Cook Tour Operators Ltd.
There is a widespread belief in the concept of ‘common law marriage’, which couples think will protect them when they buy property together. This is incorrect.
The new Planning Court download
It was expected that the new Planning Court would be established in the summer, but it was brought forward in the Budget and came into existence on 6 April.
Technology businesses should be aware that the European Commission has revised the rules on how EU competition law affects technology licensing agreements.
The appointment of a Financial Services Ombudsman in Jersey came a step closer on 1 April 2014 when the States of Jersey approved the Financial Services Ombudsman (Jersey) Law 201.
What comfort can the green economy take from the Energy Industries Council’s assessment of sector activity in the north east?
In this post, Gateley focuses on what you should and shouldn’t do when you first receive an offer to mediate.
The tax rollercoaster download
This year commenced with contradictory new provisions in the tax field. Popovici Ni?u & Asocia?ii will briefly address only the high and the low of the ride.
For the third year running, Hogan Lovells has been voted as having the ‘Best Graduate Recruitment Website’ at The Times Graduate Recruitment Awards 2014.
Hannah Nichols and Emma Gordon of Eversheds’ fraud and investigations group take a look at developments in bribery and corruption enforcement in the UK.
Important changes to the UK’s competition law regime came into effect on 1 April 2014. This article highlights the principal changes of which businesses need to be aware.
The worst of both worlds? High Court gives guidance on commercial agents’ rights on termination download
The Commercial Agents (Council Directive) Regulations 1993 require that where a principal terminates an agency, in most circumstances it must make a payment to its agent.
Alexander Cameron QC of Three Raymond Buildings has appeared for two Allen & Overy partners in a matter regarding contempt.
Following the collapse of the SFO’s prosecution of Victor Dahdaleh at Southwark Crown Court, Mr Dahdaleh alleged serious misconduct by Akin Gump.
Each member of Three Raymond Buildings has individually decided that s/he will not undertake any VHCC or declassified VHCC case at the new rates.
John Anslow, a convicted drug dealer who had previously escaped from a prison van on his way to court, has been cleared of murder at Woolwich Crown Court.
A series of recent cases may oblige TMT employers to include average overtime, commission/bonuses and allowances when calculating holiday pay.
Last month we looked at what’s in store for patent law in 2014. This month we give trademarks the same treatment.
This note concerns a number of controversial issues regarding interest termed as ‘usurious’, referred to in Italian Law 108/1996 and in the Italian Criminal Code.
Peter Shervington of Eversheds has commented on the news that Toyota is recalling 6.4 million of its range, including 35,124 in the UK, over five separate issues.
The European Commission has adopted a proposal for a directive on the protection of trade secrets.
Government policies and measures affecting trade can threaten your business strategy. When success hangs in the balance, you need results. The lawyers at Dentons work with you to develop and implement innovative strategies to keep you ahead of the curve.
Lush made a conscious decision to prevent its products from being available for sale on the Amazon retail website, as it was critical of Amazon’s business ethics.
The UK Supreme Court has thrown out an appeal by Cadbury against an earlier judgment that refused to secure its unique colour purple as a trademark.
Walker Morris offers some tips on trademarks.
Trademarks: the Italian Supreme Court rules on the ‘gold battle’ between food companies Barilla and Saiwa download
The Supreme Court has denied that the word ‘Oro’ as part of the compound trademark ‘Oro Saiwa’, is capable of being distinctive.
The Italian court has ruled that apprenticeship contracts will be considered independent from the Fornero Labour Reform regulations governing Italian employment relationships.
On 20 November 2013, Russian taxpayers should have filed with controlling authorities notifications on controlled transactions in accordance with the new transfer pricing rules.
Assembly Bill 561, which stalled in the California Legislature last year, is back for reconsideration, with amendments.
Transportation is a significant area of growth in otherwise difficult economic times. But there are challenges — some commercial, some operational and some legal — in an increasingly complex and regulated market. Dentons lawyers have first-hand experience of those markets.
The travel law team specialises in providing fast, innovative and effective solutions for travel industry clients in this complex and ever-changing area of law.
Travel expenses and agency workers download
Employment agency Reed has lost its appeal against a tax assessment for £158m in respect of its expenses scheme for ‘employed temps’.
Whether you’re a private individual or a commercial enterprise, our trust and fiduciary lawyers work with you and your advisers to establish the appropriate structure.
The government has removed what has been a significant capital gains tax downside that applied on the death of the vulnerable beneficiary of certain types of disabled person’s trust.
Families passing significant assets to the next generation want expert advice so they can feel confident about the security and ultimate disposition of their assets. Financial institutions handling estates of clients need expert, confidential legal advice as to avoiding, or handling, disputes. These are among the situations in which Dentons’ trusts, estates and wealth preservation group excels.
The EAT has confirmed the wide discretion employment tribunals have to determine whether an activity was fundamentally the same after a TUPE transfer as it was before.
University Hospitals Bristol NHS Foundation Trust has settled a 20-year pay-out fight and agreed to pay a seven-figure settlement compensating Nathalie Sugden.
Two Dentons clients were recognised for their innovation and leadership with respect to carbon-reduction activities during the recent North American Carbon World conference.
Allen & Overy has advised dnata on the sale of a majority stake in mercator to private equity firm Warburg Pincus.
The UK’s ban on secondary industrial action has been held to be lawful despite its interference with the European Convention on Human Rights Article 11.
Eversheds construction expert Michael Conroy-Harris has commented regarding the extra pressure put on UK construction by the demand for homes.
The High Court has found that an employer had breached its implied duty of good faith in the way it went about closing its DB schemes to the future accrual of benefits.
With the nuclear reactor development at Hinkley Point in Somerset forecast to cost around £20bn, there’s a superb opportunity for growth in the UK manufacturing sector.
UK real-estate tax update: extension of the ATED and capital gains tax for non-UK residents download
Withers has published its latest UK real-estate tax update.
James Batham, partner and head of retail at Eversheds, has commented on the latest retail sales figures from the ONS.
From 1 April 2014, the ONR will operate as an independent body corporate (pursuant to Part 3 of the Energy Act 2013).
Draft Law No. 2436a on Amendments to Certain Legislative Acts brings about a significant reduction in the number of mandatory permit documents.
Following the 2014 Budget, the Department of Finance published a review of the research and development tax credit regime in Ireland.
Understanding Forex manipulation download
Stephen Critchley and Robert Andrews describe in simple terms: what the alleged manipulation is; who may have suffered from it; and the ongoing investigations into it.
The ‘unfair relationship’ concept in respect of credit agreements was introduced into the Consumer Credit Act 1974 on 6 April 2007.
The ‘unfair relationship’ concept in respect of credit agreements was introduced into the Consumer Credit Act 1974 on 6 April 2007.
The new Workplace Gender Equality Act 2014 (Cth) is intended to more accurately reflect and promote the issues of men and women in the workplace.
Team Australia has won the 2014 KPMG International Case Competition final.
Before it disappeared into the wide blue yonder, the OFT published its merger decision in the acquisition by IP Group of Fusion IP.
Nabarro partner Martin McKervey shares his thoughts on unlocking export growth.
It is relatively rare these days to encounter unregistered land.
Up Close and Personnel — March 2014: admissibility of covert recordings made at disciplinary and grievance hearings download
The EAT upheld the decision that covert recordings made by an employee of private conversations of the panels at her grievance and disciplinary hearings were admissible in evidence.
Up Close and Personnel — March 2014: dismissal for absence due to post-natal depression was not discriminatory download
In Lyons v DWP Jobcentre Plus, the EAT upheld the decision of the Employment Tribunal.
Up Close and Personnel — March 2014: does the Equality Act 2010 cover post-employment victimisation? download
In Jessemey v Rowstock Ltd, the Court of Appeal overturned the EAT and held that post-employment victimisation is prohibited by the Equality Act 2010.
Up Close and Personnel — March 2014: EAT allows an employee who successfully appeals to recover his fees from the employer download
In Portnykh v Nomura International Ltd, the appellant employee asked the EAT to order the respondent employer to repay his fees.
The next year will see a series of significant changes to employment law. This article outlines the major changes and the dates when they will come into effect.
The Ministry of Justice has published Employment Tribunal statistics for the period October to December 2013.
The government has accepted the recommendations from the Low Pay Commission in relation to the new national minimum wage rates.
The Statutory Sick Pay Percentage Threshold (Revocations, Transitional and Saving Provisions) Order 2014 has been laid before Parliament.
The Legal Aid, Sentencing and Punishment of Offenders Act 2012 has amended the Rehabilitation of Offenders Act 1974 with effect from 10 March 2014.
Upcoming changes to employment law download
In recent weeks, the government has announced a number of key changes to employment law that will be coming into force in the next few months.
Ontario has announced several blitzes during which it will ensure that employers are compliant with particular areas of concern under ESA.
Compliance with the provisions of the 2014 regulations will be of great importance for building owners, purchasers and prospective tenants.
Update on legislative developments in Russia: governmental de-offshoring initiatives and proposed new CFC and tax residency rules download
When Putin revealed the offshore-backed modus operandi for the Russian economy could no longer be tolerated, few could have predicted that the government would be making a serious legislative effort to fight the offshore structures.
Update on the Unitary Patent Court download
The Preparatory Committee has accepted that its ambitious timetable for delivering the Unitary Patent Court and unitary patent system by ‘early 2015’ could not be met.
France’s tax authorities have released draft guidance on the way they intend to apply new restrictions under the 2014 French finance act to the deduction of interest on related party loans.
The Obama administration has threatened to impose additional sanctions on Russia in response to the Ukraine crisis but so far has only blocked the assets of 32 individuals and one bank.
US patent reform legislation is long overdue but needs balance, according to Eversheds’ intellectual property head, Simon Crossley.
Barack Obama has signed an executive order authorising targeted sanctions against individuals determined to be connected with the ongoing situation in Ukraine.
According to a KPMG survey, 91 per cent of leading business students expect to work in at least three to four countries during their careers.
VAT recovery and pension schemes download
The judgment in ATP Pension Service A/S v Skatteministeriet (Case C-464/12) was delivered by the European Court of Justice on 13 March 2014.
From 2015, companies selling electronic services such as music downloads, books, apps and games will have to charge VAT on the basis of where the customer is resident.
Venture capital investors will agree with the company in which they intend to invest on a valuation for the company prior to the new investment round.
With global reach from offices in key technology markets around the world, including Silicon Valley, New York, Boston, Vancouver, Toronto, London, Berlin, Moscow and Beijing, Dentons offers a unique perspective on evolving industry trends and emerging market opportunities.
It is possible for a registered trademark to be a victim of its own success.
In Global Tradewaves Ltd, liquidators appointed by the BVI court to GTL obtained leave to examine a former director of GTL in relation to the company’s affairs.
In this video interview, Dentons energy partner Clint Vince discusses how developments and innovations in the energy sector are affecting companies.
Video: Pillsbury partner Elizabeth Moeller discusses crisis strategy planning in government investigations
Pillsbury partner Elizabeth Moeller addresses the recent rise in the frequency and intensity of investigations by government entities at all levels.
In this video, Elizabeth Moeller discusses how developments in US water policy may lead to a new wave of investment spurred by public-private partnerships.
In this video, Jay Gould, partner at Pillsbury, discusses operational and capital raising considerations for hedge funds in 2014.
In this video, Greg Laughlin discusses the legislative steps being taken to prevent future large-scale government bailouts of distressed financial institutions.
In this video from Shoosmiths, staff talk about their experiences of the law firm and how it is helping them reach their career goals.
In this video interview, Washington DC public policy and regulation partner Mike Zolandz discusses how the 2014 mid-term election will affect US policy.
Voting rights download
Venture capital investors will have certain consent and voting rights that attach to their class of shares.
The Economics Committee conducting the inquiry into the performance of ASIC will address the role, structure and responsiveness of the regulator.
Corporate lawyers at Walker Morris have advised private equity house Key Capital Partners on its £3.3m investment in Hallam Medical.
Walker Morris has advised the TEG Group, an AIM-listed green technology company, on its acquisition of a composting operation at Hillbarton, near Exeter.
Wakefield Waste PFI has been shortlisted for the Best Waste/Energy/Water Project and the Best Project Team in the Partnership Awards. The team was advised by Walker Morris.
Walker Morris has bolstered its competition team with the appointment of Shaukat Ali as a director.
Walker Morris has launched the special 20th anniversary of its annual Children’s Calendar Painting Competition.
The EAT has confirmed that where an employer consistently makes enhanced redundancy payments, such action could give rise to an implied contractual entitlement.
This DLA Piper update reports on significant new developments and suggests actions to take when planning a California real-estate transaction.
We all need somebody to lien on download
The control and security of electronic data has been a continual issue in technology related transactions for some time.
Wealth Structuring 20:20 2014 download
This feature publication aims to tap into the issues facing high-net-worth individuals around the globe, and investigate the themes and challenges affecting this elite group.
IBB partner Paul Brampton explains how the Local Democracy, Economic Development and Construction Act 2009 will make far-reaching changes to the Construction Act.
Weekly Newsletter Italy: 31 March to 6 April 2014 — Jobs Act; more controls of project workers; and more download
Eversheds has released its Italy newsletter, which contains information on HR consultancy, litigation and dispute management and financial services and markets regulation.
What is the starting point for calculating protective awards under TULRCA 1992 and TUPE 2006? download
On 1 October 2011, the Agency Workers Regulations 2010 came into force and amended both TULRCA 1992 and TUPE 2006.
On 1 January 2014, the Financial Markets (Amendment) Act 2014 entered into force.
For a significant percentage of doctors in the UK, the possibility of being sued for clinical negligence affects the decisions they make and the care they offer patients.
Russell Bailey considers the circumstances in which a procedural error may lead to a finding of unfair dismissal.
In Flanagan and another v Greenbanks and Cross, the Court of Appeal provided guidance on assessing whether there had been a break in the chain of causation.
When the job goes wrong — what happens if you are supplied with defective parts or materials? download
When things go wrong, it is important to be aware of the contracts and terms and conditions you have agreed in the past.
The question of where a non-delegable duty of care occurs has been addressed in the recent case of Woodland v Essex County Council.
DLA Piper has been recognised as Law Firm of the Year by Who’s Who Legal in the Franchise, Real Estate and Sports & Entertainment categories.
Shoosmiths looks at the different laws governing the various aspects of international arbitration.
Chambers & Partners has published the latest Chambers Europe 2014 guide. Wierzbowski Eversheds has been recommended in numerous fields of law.
Wierzbowski Eversheds has achieved a 50 per cent reduction on the appeal of a fine imposed on PTK Centertel by Poland’s competition regulator.
Ester Colaci, Christian Junck and Jeanne Fournier have joined Wildgen as junior associates.
At IBB Solicitors, our wills, trusts and probate solicitors are here to help you plan for your family’s future.
A winding-up petition founded on a tax assessment, which is the subject of an appeal to the Tax Tribunal, should be dismissed or stayed pending the appeal.
The two ways for a solvent company to voluntarily dissolve is to do so by MVL or by applying to the Registrar of Companies to have the company struck off the register.
The aim is that judges of all levels of seniority will be able to sit in the same building and cases can be allocated to the most appropriate judge.
Withers has announced that it has been shortlisted as the leading tax team in a law firm at the annual Lexis Nexis Taxation Awards.
Nine members from Withers’ family team have been featured in Spear’s magazine’s 2014 Family Lawyers Index.
Women on Boards — new HR report download
The UK government supports the European Commission’s decision not to impose mandatory quotas; it favours a self-regulatory national level approach.
The key recommendation from the 2011 Davies Review was a target for FTSE100 companies of a minimum of 25 per cent female representation on boards by 2015.
An Ontario construction worker has been fined CAD1,500 (£811) after jumping from a hoist tower to a nearby roof.
Wragge & Co’s projects team has advised facilities management provider Lovell on a new £32.8m facilities management contract.
Wragge & Co has promoted two of its housing, development and regeneration (HDR) team’s directors, Ed Colreavy and Jacqueline Knox.
Zero-hour contracts have been the subject of much controversy recently.
Partner and head of business services
Partner and head of real estate
Partner and head of private individuals
What a week it’s been for the FCA. It took the regulator just one bungled announcement relating to an insurance inquiry to wipe billions of pounds off the shares of a number of the UK’s largest insurers
There’s no doubt about it, DWF’s growth has been prolific in recent years. Its most recent data show that turnover was up by 57.5 per cent at the half-year point to £93.6m
We’ll say it again. Where are all the female partners? While partner numbers at US firms have soared by around 25 per cent since the credit crisis in 2008, gender diversity remains a thorn in the side of many international firms in London
Barristers on the Northern Circuit are leading opposition to a controversial deal between criminal bar leaders and the government cut last week in a bid to settle a dispute over ministers’ plans to slash legal aid rates.
Fladgate has kicked off the 2013/14 financial reporting season by posting a 16 per cent rise in turnover, with total revenue hitting a record £32.6m.
There are hires, and there are hires. The latter, also known as a ‘big hire’, is the group into which the poaching of Goldman Sachs restructuring star Andrew Wilkinson by Weil Gotshal & Manges squarely falls
There’s nothing like being thrown in the deep end to give a new GC a whistle-stop tour of the nuances of life outside of private practice
Budget fashion retailer Primark has turned to Allen & Overy (A&O) and DLA Piper for advice on its first launch into the US following a 26 per cent rise in the chain’s profits.
Allen & Overy (A&O) and Latham & Watkins have taken lead roles on the issuance of an international sukuk by Saudi Electricity Company (SEC), worth $2.5bn.
Allen & Overy, Ropes & Gray and Latham & Watkins have scored instructions on Altice’s acquisition of France’s second-biggest telecom operator SFR.
The $6bn legal battle between Kazakhstan’s JSC BTA Bank and its former chairman Mukhtar Ablyazov is heading to the Supreme Court, where for the first time the justices will examine the standard form freezing injunction.
Addleshaw Goddard has opened nominations for its managing partner election with a vote expected to take place no less than two weeks from now.
Two of the runners and riders in the race for one of the top jobs in the legal market, the managing partner of Addleshaw Goddard, have been confirmed
Addleshaw Goddard has nominated partners Adrian Collins and John Joyce as the challengers to replace incumbent Paul Devitt in the firm’s forthcoming managing partner election.
In any job, building something from scratch is a thrill and a challenge. One in-house lawyer who’s in the middle of this process at her company – and indeed in her legal market – is Adefunke Adeyeye, group head of legal at Silverbird Group
In-house counsel in African companies are quickly gaining prominence and control over their businesses’ legal function, The Lawyer research has shown.
Last March Kim Koopersmith became the first female firm-wide chair of Akin Gump and one of the few female lawyers to lead a US firm.
ALB from Advanced Legal has been selected as the software solution of choice by Spire Solicitors LLP to offer a fully integrated, firm-wide, practice management system. ALB will be used by over 130 personnel on a day-to-day basis
After a run of fairly quiet years for biotech flotations, it looks as if – like the rest of the IPO market – they’re back with a bang
America has long been a difficult nut to crack for elite UK firms. For much of the past decade, Allen & Overy (A&O) has been on-record saying it would consider a US merger, with recruiters in New York saying the office suffers something of an identity crisis
Appleby has become the first offshore firm to obtain a licence from China’s Ministry of Justice that allows it to offer offshore legal services in the country.
Ex-Freshfields star Jan Paulsson’s decision to form a boutique with partners from Shearman and Covington has shaken up the arbitration world. With Peter Rees turning up at 39 Essex Street, this is a sector that is seeing plenty of movement.
It isn’t too long since the litigation funding market felt the shockwaves reverberating from Mr Justice Christopher Clarke’s judgment in the Excalibur v (1)Texas Keystone; (2) Gulf Keystone ruling. The case was thrown out and two of three funders behind Excalibur’s case were
Ashurst corporate partner Jonathan Earle has quit the firm to join Gibson Dunn’s London office.
Ashurst has added 15 new members to its global partnership, in its first integrated promotions round since its formal tie-up with Ashurst Australia went live on 1 November 2013.
All the latest partner hires and other appointments within firms and offices in the Asia Pacific region.
Recent Asia partner promotions statistics from eight international firms over the past four years suggests local senior lawyers stand a good chance of being made up.
There are many ways to boost a firm’s presence in Asia, be it by lateral hires, relocations or internal promotions. While there is a clear sign that some firms are making strong lateral hires, with Latham & Watkins’ hire of Vinson & Elkins’ former China co-head David Blumental among the most recent high-profile moves, the
Fancy being a partner? You might just need to hop on a plane and head for Asia
Australian firm HWL Ebsworth continues its growth spree with the acquisition of South Australian firm Kelly & Co.
Axiomtek, one of the world’s leading designers and manufacturers of innovative, high performance and reliable PC-based industrial computer products, announced the arrival of the IMB211, an industrial-grade ATX motherboard with a full-range of integrated peripherals for general industrial and embedded applications
Baker & McKenzie is in the process of opening a third office in Australia with the hire of two partners in Brisbane.
Guardian Care Homes has agreed to settle its multi-million pound Libor battle against Barclays Bank over the misselling of financial instruments.
We’ve had the silks round, but there other long-running themes emerging from our coverage of the bar. They include commercial court costs and criminal barristers’ struggle with the Ministry of Justice. Below is a selection of reports highlighting the current issues.
Lloyds Banking Group has tried to keep a tight lid on its plans to outsource its retail and wealth and asset finance litigation teams. But that pan reached the boil this week, the lid shooting off and revealing that
EY has hired BLP’s former finance head to launch a financial services legal team. It follows the hire of an Addleshaws partner to kickstart a corporate practice and existing investment in Asia and an application for an ABS. Could EY be a force to be reckoned with in the legal market?
Berwin Leighton Paisner (BLP) has formed an alliance with Indonesian firm Mataram Partners as its newly launched Asia Network continues to expand.
Tesco has dropped Ashurst as one of its preferred real estate firms, instead reinforcing its relationship with longstanding adviser Berwin Leighton Paisner (BLP)
Partner lock-ins normally come at a time of turmoil or change for a firm – following a merger or to stem a slew of partner departures. Bonelli Erede Pappalardo’s three-year
The partners of Italian firm Slaughter and May best friend Bonelli Erede Pappalardo have agreed to a three-year lock-in, as the firm continues its partnership restructuring.
Brick Court Chambers is considering whether to restructure its clerking team following the surprise resignation of joint senior clerk Deborah Anderson.
Beverage giant Britvic is looking to build an informal panel of advisers in the US off the back the beverage company’s recent 15-year exclusive distribution deal with PepsiCo.
When one door closes, another swings opens - a saying that is perhaps laminated in Brown Rudnick’s boardroom. The US firm has pulled offers from half of the associates set to join the firm in autumn, a move that comes weeks after it announced plans to bolster its London IP team
Brown Rudnick has pulled offers from half of the associates set to join the firm in the autumn, a move that comes weeks after it announced plans to bolster its London IP team.
The Bar Standards Board has launched an investigation into 39 Essex Street silk Peter Village QC after he allegedly made derogatory remarks about disabled people living in a west Suffolk village.
The multi-billion pound case vigorously pursued against Addleshaw Goddard client Mukhtar Ablyazov by Kazakhstan’s JSC BTA Bank is set to take a new turn when it reaches the Supreme Court later this year
Allen & Overy did it February, Freshfields Bruckhaus Deringer followed in March and
West Coast firms are outperforming many of their East Coast or national rivals in the City, The Lawyer’s new ranking of the Top 30 International Firms in London has found
Merging two firms with different histories, characters and personalities is never going to be easy. That’s a lesson that Speechly Bircham has learned the hard way.
The combination of LG and Wragge & Co will go live today with the new partners admitted to the combined equity. The new entity will be known as Wragge Lawrence Graham & Co, although as Lucy Burton discovers, this is a name that will be kept under review.
Speechly Bircham and Charles Russell will be known as Charles Russell Speechlys LLP should the merger be successful later this year.
Zhong Lun’s Robert Lewis gives an insider’s view of Chinese law firm management
Clarke Willmott has been kicked off the Crown Estate’s rural panel in favour of a consolidated roster comprising Bond Dickinson and Burges Salmon.
Cleary Gottlieb Steen & Hamilton and White & Case are advising on the £7.9bn ($13.4bn) acquisition of orthopaedic manufacturing company Biomet by Zimmer, the manufacturer of the ‘zimmer frame’.
A mammoth team of advisors including Cleary Gottlieb Steen & Hamilton, Freshfields Bruckhaus Deringer and Linklaters has turned out to advise Lafarge and Swiss giant Holcim in their €40bn merger.
A year after CMS Cameron McKenna first crossed the threshold of Dundas & Wilson with its tantalising proposal, the merger between the two firms has gone live.
Clifford Chance has found no evidence that the Royal Bank of Scotland (RBS) set out to defraud small business customers in order to turn a profit, following allegations contained in a report by Lawrence Tomlinson last year.
News last week from Clifford Chance that seven of its 21 newly appointed partners were sat in Asia once again showed leading UK firms looking East for its then next batch of partners
The Financial Conduct Authority’s (FCA) independent directors have appointed Clifford Chance litigator Simon Davis to conduct an inquiry into its botched announcement of an investigation into the insurance industry.
Clifford Chance has made up 21 partners, one more than the year before, with one third of its promotions based in Asia.
The world is a stressful place, what with an uncertain economy, Saharan smog and the fragility of all human endeavour
Themis Solutions Inc releases ScanSnap integration as part of Clio’s mobile app
Clyde & Co has made up five UK-based lawyers to partner as part of a nine-strong promotions round to take effect on Thursday (1 May).
CMS Cameron McKenna and Dundas & Wilson have cut 60 support roles ahead of their £277m merger this week.
A senior criminal judge has been criticised over his handling of a trial last year, which led to the conviction of former 39 Essex Street barrister Rohan Pershad QC.
General counsel at Shell – “the best job in law” according to Peter Rees QC. So what prompted the silk to stand down two years ahead of schedule in November 2013?
A Supreme Court has for the first time spelt out the difference between civil and criminal contempt in English and Welsh law
Covington & Burling has advised new client Horizon Discovery on its admission to the Aim market, as the biotech market continues to pick up in the UK.
Iberian firm Cuatrecasas Gonçalves Pereira has moved into empty London office space rented by French ally Gide Loyrette Nouel, as the development of the firms’ non-exclusive alliance progresses.
BAE Systems’ Tom Burton sets out the position facing the world’s top firms
DAC Beachcroft has promoted 16 lawyers to partner, more than tripling the five promotions it made last year.
China’s largest firm by headcount Dacheng has appointed a new leadership team following a month-long election process.
China’s largest firm by headcount Dacheng has elected a new management team following an election process that began in February
Davenport Lyons entered administration on Friday, a move that will allow it to be swallowed by eight-partner Mayfair firm Gordon Dadds
Our weekly leadership interview regularly has among the highest views on our site. And no wonder; with profiles of the managing partners at top firms such as Olswang, DWF, RPC, Taylor Wessing and DLA Piper, you can get an inside track on what’s going on in private practice.
For years, the legal profession was risk-averse. It meant that law firms rarely had recourse to bank debt, preferring to rely on partner capital. But as our exclusive survey makes clear, more than two-thirds of LLPs in the UK200 are now making use of debt as a management tool. Exactly how risky is it?
Dentons has hired Baker Botts partner Dominic Pellew into its international arbitration group in Russia and London.
Dentons is tying up with South African associate firm KapdiTwala to launch its own offices in South Africa.
Dentons has made its second US merger play in under a year, entering Washington lobbying firm Patton Boggs and Squire Sanders’ tie-up talks.
Scottish private equity heavyweight Dickson Minto has turned charity fundraiser, with a hugely successful London to Paris ride now heading for North Africa.
As Davenport Lyons enters administration, The Lawyer relates its final days.
US firms in London continue to be dominated by men, with women representing just 17.6 per cent of UK partners across the top 30 international firms present in the City in 2013.
DLA Piper, Ashurst, Freshfields Bruckhaus Deringer and Allen & Overy are among the firms to have advised on the construction of a new six-lane toll bridge over the Mersey.
Dundas & Wilson will exit its Aberdeen and London bases early in preparation for the launch of its merger with CMS Cameron McKenna next week (1 May).
CMS Cameron Mckenna has made up 30 partners in its latest promotions round but Dundas & Wilson has only promoted one ahead of the merger between both firms this week (1 May).
The Dundas & Wilson and CMS Cameron McKenna merger is fast approaching. Boxes are being packed, desks are being moved and the champagne is on ice in preparation for the 1 May deadline.
Dutch firm Van Doorne is reopening its London office, six years after pulling out from the City, and is hiring three partners from rival Boekel de Nerée.
DWF has confirmed that it has cut 19 jobs as part of a consultation launched last month, which put 21 operational roles in its finance department at risk.
DWF has raided Pinsent Masons for financial institutions head Stephen Miles as the firm gears up for growth across its commercial practice groups.
DWF, Irwin Mitchell and Shoosmiths shortlisted by Lloyds to take on litigation unit as retail GC quits
DWF, Irwin Mitchell and Shoosmiths are on the shortlist to take over Lloyds’ retail and asset finance litigation teams, The Lawyer understands.
eBay’s Singapore-based associate general counsel Steven Liew has left the online shopping giant to set up a boutique consultancy firm aiming at problems solving for technology companies.
What does it take to be an entrepreneur? For eBay’s Singapore-based associate general counsel Steven Liew, working at a tech giant first has proved a nifty way of catching the bug
Eight firms including Slater & Gordon, Irwin Mitchell and Hodge Jones & Allen are gearing up to battle Osborne Clarke over claims for compensation from the £3.3m estate of former TV presenter Jimmy Savile.
Nicky Richmond fills a crucial gap in her London restaurant education by visiting the Ember Yard.
There’s no doubt that energy specialists are in demand, and energy clients are the hottest in town. So when the likes of BP do a panel review, law firms scramble
All the latest partner hires and other appointments within Continental European firms and offices.
All the latest partner hires and other appointments within Continental European firms and offices.
All the latest partner hires and other appointments within Continental European firms and offices.
Eversheds’ German arm Heisse Kursawe Eversheds has launched a Berlin office, ahead of a possible full merger between the firms.
Eversheds has become the latest to issue a cash call to its 164 fixed-share partners following HMRC’s crackdown on partnership tax.
Eversheds has made up 12 lawyers in the UK and nine internationally, adding a total of 21 to its partnership with effect from tomorrow (1 May).
Former Berwin Leighton Paisner (BLP) head of finance Matthew Kellett is leaving the firm to join accountancy and consulting giant EY as it ramps up its investment in the legal sector.
Field Fisher Waterhouse has witnessed the departure of two further partners from its IP practice.
A year in as managing partner and Field Fisher Waterhouse’s managing partner Michael Chissick has sprung into action. And now he’s out of the gate, he’s not looking back
Field Fisher Waterhouse managing partner Michael Chissick has been in the top job for a little more than a year but is about to embark on a period of change as his firm thinks once more about the future.
French giant Fidal is focusing on building up its cross-border capabilities in a bid to change clients’ perception of the former accountancy-tied firm.
US entertainment firm SmithDehn has opened in Northern Ireland, months after it kicked off a media law course in the region with client HBO.
Want to know the latest legal developments in banking and finance from all over the globe? Head over to our briefings section of the website and get yourself up to speed courtesy of DLA Piper, Arendt & Medernach, Conyers Dill & Pearman, Ogier and Schoenherr
A former Reed Smith and legacy Denton Wilde Sapte solicitor has been struck off and ordered to pay £160,000 costs for spending client money which should have been paid to counsel.
Forresters, a firm of UK and European Patent and Trade Mark Attorneys, has chosen CRM solution Lexis® InterAction® from LexisNexis® Enterprise Solutions, a leading provider of content and technology solutions.
Partners at Linklaters and Freshfields Bruckhaus Deringer are among the 500 lawyers to have cashed in on the billion-dollar joint venture between Novartis and GlaxoSmithKline (GSK).
Freshfields Bruckhaus Deringer has relocated its global international arbitration head to Singapore after a host of exits from the team.
Freshfields has made a landmark lateral hire in the form of former Cleary Gottlieb Steen & Hamilton capital markets and US corporate partner Ash Qureshi.
Freshfields Bruckhaus Deringer has appointed Nigel Rawding to head up its arbitration practice in the City.
The Dutch legal market has gained yet another boutique with the launch of Biesheuvel Jansen Advocaten by a team of four senior associates from Freshfields Bruckhaus Deringer, Linklaters and Stibbe.
Bribery Act prosecutions are growing in number
A storm is brewing in the litigation funding market as questions are raised over the source of Argentum’s financial capital. Now the funder has exited the Association of Litigation Funders. Reporter Kate Beioley investigates.
General counsel from across the business world will gather in Portugal today for The Lawyer ’s annual General Counsel Strategy Summit, which focuses on the key issues affecting in-house lawyers today.
Over the past few years Germany has consistently outperformed the rest of Europe’s legal market, with domestic firms reporting successive turnover rises and international players keeping on hiring and merging in the country
Davenport Lyons went into administration on Friday (25 April) in a precursor to its client portfolio being acquired by Gordon Dadds.
They’ve been waiting with bated breath but Lloyds Banking Group’s panel firms can finally breathe a sigh of relief – or not.
Morgan Cole and Blake Lapthorn have finally decided that three’s a crowd and, after months of flirting with Boyes Turner, gone ahead with a traditional two-way merger.
HBJ Gateley has made up four partners to its Edinburgh and Glasgow offices, up from two the previous year.
Herbert Smith Freehills (HSF) has added 23 associates to its partnership, with almost half of those made up based in London.
Herbert Smith Freehills (HSF) has come top of the charts of UK firms ranked by debt in new data compiled by The Lawyer.
It’s not quite caught the public imagination in the way that the Berezovsky-Abramovich battle did, but the Ablyazov litigation is just as ferocious and has similarly high states. Next stop, the Supreme Court.
Holman Fenwick Willan (HFW) senior partner Richard Crump has relocated permanently to Singapore in a move that underlines the firm’s ambitious plans to grow its Asia practice.
Serious about Asia? Committed to the region? Then why isn’t your top management there?
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Hogan Lovells has called on its non-equity partner to inject between £60,000 and £100,000 in response to the HM Revenue & Custom’s partnership tax crackdown.
Hogan Lovells has created a position on its 12-strong management board for equity partners aged 45 and under.
HotDocs, the Edinburgh-based software company that provides industry-leading automated document generation software, has been placed within the top 50 fastest growing technology companies in the North of the UK.
Herbert Smith Freehills has shaken up its corporate leadership, appointing Melbourne-based Mike Ferraro as sole global corporate head.
Ince & Co has confirmed it is to cut 10 shipping and finance fee earners and six secretarial staff following its redundancy consultation launched in February.
NetNames is preparing for its first-ever review of its external legal services providers, with a reduction of firms used by the internet domain names registrar looking likely.
Apple, Blue Ivy, North West, King & Wood Mallesons SJ Berwin - giving youngsters outlandish names has been all the rage over the past couple of years
Who is Andrew Tucker? The Irwin Mitchell partner has today been unveiled as the firm’s new group chief executive officer succeeding John Pickering. Those are big boots to fill
Irwin Mitchell group chief executive John Pickering is to stand down after 37 years at the firm it has been announced today.
Irwin Mitchell has expanded its new IP practice with the hire of IP lawyer Katrina Burchell and is planning on doubling in size over the next year by taking a personal injury volume approach to the IP market.
Irwin Mitchell London employment head John Hayes has quit to join Wragge & Co, just days chief executive John Pickering announced his retirement from the firm.
Irwin Mitchell is due to open its ninth UK office in Cambridge less than a month after the firm secured a £60m funding facility from a trio of banks last month.
Irwin Mitchell has announced the promotion of 10 lawyers to partner, a slight drop on last year’s record promotions round of 14.
Partner lock-ins normally come at a time of turmoil or change for a firm – following a merger, or to stem a slew of partner departures.
With less than two months to go before the industry’s top awards event, today we reveal the firms, chambers and in-house teams that will be jostling for a gong at The Lawyer Awards, which will be held at Grosvenor House Hotel in June
Eversheds partner Bruce Dear visits West End celeb haunt J Sheekey’s and finds the fish (and wine) in fine form
Conducting more than 250 ediscovery projects with Kroll Ontrack since 2012, Jackson Lewis reconfirms the value of moving beyond a case-by-case approach and adopting a portfolio perspective
Here’s an interesting fact: between June 2013 and February 2014 the Supreme Court bench failed to deliver a single dissenting judgment
Judicial dissent is in decline in the UK’s top court as the Supreme Court moves towards a culture of collegiality on the bench, research by The Lawyer has revealed.
King & Wood Mallesons has made up 26 new partners across its network since last July, including nine latest promotions in Europe and the Middle East.
King & Wood Mallesons SJ Berwin (KWMSJB) has been appointed by SuperGroup, the corporate group behind the Superdry brand, to handle its continental European real estate matters, as part of a wider review of the fashion group’s external advisers.
Latham & Watkins has further strengthened its ties to private equity giant the Carlyle Group, hiring in-house counsel Tom Alabaster as a partner in its London office.
Latham & Watkins has topped The Lawyer’s annual ranking of the 30 largest international firms in the UK by revenue for the first time, with UK revenue hitting an all-time high of $210.6m.
Lawrence Graham (LG) will make up five partners to coincide with its merger with Wragge & Co on 1 May, when the combined firms are to become Wragge Lawrence Graham & Co.
Fiona Haigh is the director of administration and strategy at Weil Gotshal & Manges. She joined the firm from Clifford Chance in 1998.
Lawrence Graham (LG) has surrendered its Singapore foreign law practice licence in preparation for its merger with Wragge & Co next month.
Linklaters, Simpson Thacher, King & Wood Mallesons SJ Berwin and Dickson Minto landed roles on the acquisition of a majority stake in House of Fraser by Chinese conglomerate Sanpower.
Linklaters has rolled out its female leadership initiative across its global offices in a bid to maintain the increase in the number of women making partner at the firm.
Linklaters’ partner promotions have fallen to 21 from 24 in 2013 and the firm has reduced its focus on the mainstream corporate group.
Linklaters has rejigged its 16-strong international board after litigator Greg Reid and corporate partner Tom Shropshire confirmed they would not stand for second terms.
The liquidators of Bernard L. Madoff feeder fund Fairfield Sentry, represented by British Virgin Islands (BVI) firm Forbes Hare and Macfarlanes, have lost two key points before the Privy Council in an important judgment.
There is change at the top in this year’s top 30 international firms in London. Last year it was all about Baker & McKenzie, still reigning supreme at the top of the list, and Quinn Emanuel Urquhart & Sullivan, the shooting star rising up through the ranks
How a Los Angeles-born firm became one of London’s biggest legal success stories
Macfarlanes has made up nine lawyers to partner in its largest-ever round of promotions, across a range of practice areas including corporate, funds and financial services.
A group of four former Allen & Overy (A&O) and Linklaters lawyers have teamed up to launch the latest in a string of Dutch boutiques.
International law firm McDermott Will & Emery today launched McDermott+Consulting (McDermottPlus), a separate and distinct, wholly-owned subsidiary to provide consulting services to the many diverse participants in the health care industry
Morgan Cole has promoted two partners to its Oxford and Cardiff offices as well as promoting 20 others members of staff within the firm.
Morgan Cole is on the brink of closing a 14-strong redundancy consultation in Swansea following the offloading of its claims group to DAC Beachcroft and Berrymans Lace Mawer (BLM) last year.
Morgan Lewis has hired Bird & Bird corporate partner Stephen Walters, adding to a string of recent hires from mid-tier firms.
Nabarro has appointed its first non-executive director as a board member after taking on former Guardian News & Media director of international and business development Stella Beaumont.
Nationwide Building Society has named HSBC’s global general counsel Keith Ford as the replacement to its longstanding general counsel Liz Kelly.
German heavyweight Noerr’s co-leaders reveal the secret of their firm’s success.
Norton Rose Fulbright has advised Arabian Cement Company (ACC) on its IPO on the Egyptian Exchange, marking the stock exchange’s first new listing since 2011.
Norton Rose Fulbright has made up 46 new partners in its first promotions round since its merger last year, up from 33 in 2013.
Norton Rose Fulbright is set to close its Prague office on 1 May 2014, following a review of the Czech market.
Nuix, a technology company that enables people to make fact-based decisions from unstructured data, today released version 5.2 of the Nuix Engine and its core eDiscovery and Investigator products
Nicky Richmond is swept away by the old-school French charm of Otto’s.
Travers Smith’s Paris chief David Patient is set to become firm-wide managing partner when incumbent Andrew Lilley steps down from the role at the end of 2014.
Washington lobbying firm Patton Boggs is facing a legal battle against oil giant Chevron following a US court ruling that the New York court had jurisdiction to hear fraud claims being pursued against the firm.
The Pension Protection Fund (PPF) has handed roles to six firms including Norton Rose Fulbright, Osborne Clarke and DWF in the last of a series of panel reviews.
Telecoms and tech have been at the top of the M&A tree so far this year. Who would have thought that the trendy duo would be temporarily eclipsed by a sector trading in Botox and zimmer frames?
Pinsent Masons has added to its Asian infrastructure group with the hire of Formosan Brothers construction and disputes partner Helena Chen in Beijing.
Pinsent Masons finance director Steve Hancock is to retire from the firm as it gears up for the first contested leadership elections since incumbent managing partner David Ryan was elected in 1999.
When it comes to their legal affairs, private equity houses have tended to be creatures of habit. Generally they prefer to return to the same lawyers time and time again.
HMRC’s changes to the tax treatment of members could raise serious employment law issues
It’s that time of year when private practice firms announce their partner promotions. Who got lucky this year, and which sectors are firms investing in? See our reports below for just a sample of the promos that have happened already this season.
Litigation powerhouse Quinn Emanuel Urquhart & Sullivan has dropped out of The Lawyer’s annual top 30 international firms in London table this year following the resolution of two of its largest cases during 2013 and a reduction in UK turnover of 28 per cent.
Recommind, a leader in information intelligence, today launched Perceptiv Derivatives Contract Analysis, the world’s first SaaS platform to provide investment banks with complete and trusted data from their Over-the-Counter (OTC) International Swaps and Derivatives Association (ISDA) agreements.
How much debt is too much debt? For many lawyers the answer to this question is still “any”
The UK’s top 20 firms by revenue are gearing up for the recovery, with most expecting to see a turnover increase of at least 5 per cent for the year ending April 2014.
White & Case, Clifford Chance and Latham & Watkins advised affiliates of private equity house Rhone Capital on the acquisition of ASK Chemicals from a German joint venture between chemicals groups Clariant and Ashland.
Another week, yet another enormous cable M&A deal in the European market
The SFO is still nursing its scars after a bruising Dahdelah trial last month, but the £18.5m price tag on its battle with the Tchenguiz brothers will only ...
The Serious Fraud Office (SFO) could rack up legal bills of more than £18.5m defending claims totalling £300m from the Tchenguiz brothers, Robert and Vincent.
Another battle in the long-running war between the high-profile Tchenguiz brothers and the Serious Fraud Office (SFO) has been fought and this time the SFO has come out on top
According to Simmons & Simmons’ graduate recruitment partner Alan Gar, top of most of his fellow partners’ wish lists for future trainee qualities is ambition.
Leeds-based Simpson Millar has been acquired by AIM listed financial services group Fairpoint Group after shelving discussions with Slater & Gordon in January.
Kirkland & Ellis has opened up in Houston with the hire of Simpson Thacher & Bartlett M&A partner Andrew Calder.
A raft of firms, including Slaughter and May and Shepherd & Wedderburn, have lined up to advise on Wolfson Microelectronics on its acquisition by Texas-based Cirrus Logic.
Slaughter and May has increased its trainee and associate remuneration for the second time in two years, with newly-qualified lawyers receiving a pay hike of up to 3.2 per cent.
Slaughter and May has been instructed by a group of investors seeking compensation from the Financial Conduct Authority (FCA), following leaked inaccurate reports of an investigation into the insurance markets.
Iz you opening an office in Northern Ireland? In the unlikely event that Sacha Baron Cohen’s satirical character Ali G should pose that question to his legal adviser SmithDehn, the answer would now be yes
For UK managing partners, the end of April doesn’t just equal chocolate eggs and hot cross buns. It means year-end financial results, a thought that could push some back to the buttery bun cupboard
Nicky Richmond gets cosy with her friends at the Social Eating House, but comes away disappointed.
Speechly Bircham has made up six partners this year in its biggest promotions round in a decade.
Stephenson Harwood has appointed Thomas Eggar’s international and business taxation head James Quarmby to spearhead the growth of its private wealth practice.
The Lawyer’s sister title Lawyer 2B is the place to find out all news and analysis about graduate recruitment, legal education, trainee retention and career development. If you’re a student, then bookmark immediately for everything you need to know about becoming a lawyer.
Cuts to Legal Aid have seen student projects bridge the gap between the most vulnerable and justice.
This year’s May Day will mark the launch of various mergers, notably the £277m tie-up of CMS Cameron McKenna and Dundas & Wilson. But the traditional spring holiday will bring bad news to some, with the two firms together
Cadbury has exhausted all avenues to trademark the colour purple after its application to appeal was refused by the Supreme Court.
The Supreme Court is to examine the scope of a solicitor’s duty and whether they are legally required to warn clients about commercial risks.
The bitter marital split of aviation tycoon Clive Joy has highlighted the issue the role tax efficient offshore trusts can play in lengthy High Court divorces.
Taylor Wessing has elected Hamburg IP partner Andreas Meissner as its new German managing partner, following the sudden decision of Florian Ranft to step down after just one year in the job.
Taylor Wessing has strengthened its private equity offering in Germany with the hire of Skadden Arps Slate Meagher & Flom partner Walter Henle.
The High Court has ordered the investment vehicle R20 owned by Robert Tchenguiz to surrender £2.5m by way of security for costs after the company’s sudden decision to chop its claim against the Serious Fraud Office (SFO) by £1.2m.
China’s largest firm by headcount Dacheng has rethought its management structure following an election process that began in February
Clifford Chance’s decision to extend its trainee wellbeing programme is a positive step.
The news that Jun He is in merger talks with Zhong Lun could mean a shake-up of the red circle, as the group of elite Chinese legal practices is known. As our reports over the last year make clear, Zhong Lun has been making ambitious moves for some time.
Africa is routinely touted as the next promised land for law firms looking to develop their global business. But which local firms should you instruct? Our Africa Elite - the first survey of its kind - will give you all the insight you need.
Professional negligence is a worry for all firms. The thought of battling out a case at the Supreme Court would fill most firms with dread
Capsticks is a firm in a tough sector - public health - where pricing is as keen as it gets. Consequently over the past few years Capsticks has been striving to make its business as efficient and client-focused as possible. In practice, that has meant putting in place a structure for supporting its fee-earners as effectively as possible via upskilling its business support staff.
The mid-market is not just undergoing consolidation in the UK. Outside the Wall Street elite, merger talks between national firms are becoming common currency. Just look at the merry-go-round with Dentons, Squire Sanders, Patton Boggs and McKenna Long & Aldridge.
Red braces and washing machine loads of cash; birthday celebrations for new financial watchdog flag up a hard-line approach to regulated businesses; and potential relief for hurricane Sandy victims battling with insurers
Good news for the folk over at ACAS – or the Advisory, Conciliation and Arbitration Service, for those who prefer to see the name in full. From 6 May, any employee wanting to take an employer to a tribunal will first have to contact ACAS to see if the dispute is suitable for an attempted settlement round a table with tea and biscuits. But, as our commentators at law firm Gateley point out, neither ...
Three from Europe: enhanced regulation for cross-border workers; beefed-up measures to protect trade secrets; and a ruling on Austrian bread rolls
Invective spewing, bullying bosses beware; happy ending for a consumer in a 16-year-battle with bank over the never, never; and Europe’s top court takes another clip from the sails of Internet pirates
TLT has targeted a 60 per cent rise in revenues with the aim of producing annual turnover of £80m by 2017 after re-electing managing partner David Pester for a fifth consecutive three-year term with effect from 1 May.
A year ago Tollers’ debt position put it on the brink. A year later things are looking much better. Managing partner Duncan Nicholson reveals how.
From energy to telecoms, theatre to the internet business, The Lawyer interviews top in-house lawyers from diverse sectors and geographies every week. See our profiles below for a real insight into what the clients think.
Skadden Arps Slate Meagher & Flom and Freshfields Bruckhaus Deringer have scooped key roles on Pfizer’s proposed multi-billion dollar takeover of UK pharmaceuticals rival AstraZeneca.
Vinson & Elkins’ (V&E) former China co-head and energy partner David Blumental has left the firm to join Latham & Watkins six months after the Huston-based energy firm closed its Shanghai office.
Lloyds Banking Group has finalised its long-awaited customer-pay panel in what marks the first formal process for its third-party roster.
One Essex Court’s Laurence Rabinowitz QC and Weil Gotshal & Manges have defeated HM Revenue & Customs in a billion-pound litigation for retail giant Littlewoods.
Weil Gotshal & Manges has lured Goldman Sachs star Andrew Wilkinson back into legal practice to boost its pan-European restructuring business.
Allen & Overy did it February, Freshfields Bruckhaus Deringer followed in March and
Norwegian firm Wikborg Rein’s five-year formal law alliance with Singaporean firm Pan Asia Law has come to an end.
Norwegian firm Wikborg Rein’s five-year formal law alliance (FLA) with boutique Singaporean firm Pan Asia has come to an end