Additional payment under Part 36 — discretionary not a right

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Latest Briefings

New Act on the Control of Investments Detrimental to the Interests of Hungarian National Security

The Hungarian Government recently adopted Act no. LVII of 2018 on the Control of Investments Detrimental to the Interests of Hungarian National Security (the “Act”). Previously we wrote about a similar legislative proposal which aimed at establishing a similar control mechanism. However, the Act has a more sophisticated approach on the control and approval procedure […]

Health and safety at work in Romania: What companies need to know

Failure to take or observe the mandatory measures for health and safety at work may entail, among other types of liability (e.g. civil, administrative), potential criminal liability for employers. The Romanian Criminal Code (the “RCC”) provides for two offences which sanction such failure: i) failure to take the mandatory measures for health and safety at […]

Switzerland: Insolvency law, policy and procedure

By Daniel Hayek and Laura Oegerli Statutory framework and substantive law Swiss restructuring and insolvency proceedings are mainly governed by the Swiss Debt Enforcement and Bankruptcy Law (DEBA), which entered into force in 1892. A number of other laws and ordinances further regulate special aspects of restructuring and insolvency proceedings, such as specific provisions according to […]

Czech Republic: Office for the Protection of Competition gets tougher

In April 2018 the Office for the Protection of Competition adopted new guidelines on the method of setting fines for competition law infringements,(1) noting that the need for a revision of the previous guidelines had emerged in the wake of developing case law, as well as amendments to the Act on the Protection of Competition. The […]

FOS expansion to SMEs – near-final rules published

By Paul Gair The Financial Conduct Authority yesterday released its policy statement on SME access to the Financial Ombudsman Service (FOS), setting out its near-final rules for amending the compulsory jurisdiction to include new definitions for “small businesses” and “guarantors”. At the same time, it has released a new consultation paper detailing proposals for increasing […]

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Dolan Philippa

Truth or dare: How deterimental is publicity in family cases?

Is the Family Court getting an undeserved bad press? Mr Justice Munby is troubled. He feels that the Family Court and Court of Protection are getting a bad press because of some seemingly perverse decisions that are making their way into the public’s consciousness. The judge was already intending to open them to greater scrutiny […]

Nestlé v Cadbury: registering a colour as a trademark

 By Ellie Bowker On 4 October 2013 the Court of Appeal decision in Nestlé’s challenge to Cadbury’s registration of a shade of purple as a trademark for its chocolate products gave careful consideration to the application of Article 2 of the Trade Marks Directive 2008/95/EC. The registration of trademarks in the UK is governed by […]

Walker Morris appoints Gawain Moore as restructuring and insolvency group director

Walker Morris has appointed insolvency specialist Gawain Moore, who originally trained at Walker Morris, as a director in its restructuring and insolvency group. Moore rejoins the firm from Herbert Smith Freehills, where he was based in the London office for six years, having established himself as a specialist in restructuring and insolvency. He has wide […]

Federal agencies adopt final Volcker Rule and extend conformance period

Federal regulators have voted to approve the ‘Volcker Rule’, more than two years after the rule’s proposal in 2011. The Fed, FDIC, OCC, CFTC and SEC issued adopting releases and jointly approved a final rule that generally includes tougher restrictions on banking entities’ proprietary trading activities than those proposed in 2011, but expands the types […]

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