Analysis

Have we forgotten how to listen?

We shout a lot these days and we seem to have forgotten how to listen. Even if we are listening it is, more often than at any time in the history of mankind, within our own bubble as we plug in the earphones and pull up the audio drawbridge. There’s a lot of shouting on […]

Opinion

At least the competition lawyers have found a Brexit dividend

Given that we are apparently obliged to contemplate Brexit until the great trumpet sounds, let’s consider some of the consequences of the referendum that we’re seeing winding through the courts. There are three Brexit-related pieces of litigation in The Lawyer Top 20 Cases 2019. As noted in today’s cover feature. Brick Court barristers are on […]

Want some easy pickings in UK law? Insurance firms are juicy targets

Spare a thought for EC3. Clyde & Co and Kennedys may have expanded overseas, but you can’t buccaneer your way to domestic growth. One of the biggest questions facing insurance firms is how they can increase their share of a static market where panel reviews can determine major revenue streams. Virtually every senior figure predicts […]

Laptop

Hogan Lovells’ adult viewing moment: embarrassing on so many levels

Red faces aplenty at Hogan Lovells last week when a partner was filmed enjoying adult material on his work computer during daytime hours. But not just because a partner spent valuable fee-earning time accessing sexual content; as a policy issue, it has raised questions about why internet controls were not consistent across the firm’s global network.   Prior to the incident, Hogan Lovells’ internet controls varied across jurisdictions, […]

Latest briefings

Update on Bermuda private trust companies

Many offshore jurisdictions saw notable reforms in 2018. This article considers how recent changes to the regulation of financial services in Bermuda have affected private trust companies. These legislative amendments were made primarily to ensure that Bermuda’s legal framework remains up to date with international standards, which are aimed at maintaining the international financial system’s […]

The basics: How to wind up a corporate debtor

A company has outstanding debts and it seems they are struggling financially. What can you do to try and get your debts settled? Is applying to have the company wound up the answer? Here, we take a look at what you will need to consider before a decision is made and we take a look […]

Blowing hot and cold on the jurisdiction of an adjudicator

In the recent case of SKYMIST HOLDINGS LIMITED v GRANDLANE DEVELOPMENTS LIMITED [2018], the Technology and Construction Court (TCC), considered the principle of “approbation and reprobation” in “satellite litigation” over the jurisdiction of adjudicators. But is challenging the jurisdiction of an adjudicator worth the cost involved? We review the key points in the Skymist decision, and the TCC‘s […]

Is legislation pending on bankruptcy, pension plans and lenders?

Public consultations on enhancing retirement security led by the Ministry of Innovation, Science and Economic Development Canada closed in late 2018. Given the importance and complexity of the subject matter, the one-month consultation period offered by the government was curiously short. Given that 2019 is an election year, the quick completion of the process could […]

Apples to Oranges: how investigations differ from a litigation approach when implementing eDiscovery solutions

Competition matters, and investigations more generally, differ greatly in execution from the approach to eDiscovery taken in litigation.  Understanding the potential issues is paramount in developing an eDiscovery model that tackles the regulatory pressures faced by legal teams and their corporate clients. In the first article in this series we compare the different approaches and examine […]

The employment law 2019 horizon: Top 12 hot topics

Despite Brexit’s near monopoly of Parliamentary and legislative draftsmen’s time, the Government did find time to publish its ‘Good Work Plan’ in December. The plans set out are more a tweak of employment laws over the next two years rather than a major reform. Nevertheless, it does offer some real improvements aimed at protecting more vulnerable workers. […]

Annual review of the 2018 patent cases

In January 2019, Gowling WLG’s co-head of global Intellectual Property (IP), Gordon Harris, delivered his much anticipated annual review of the year’s UK patent. Gordon gave his usual comprehensive review, backed by a thorough and extensive paper. Gordon commented that there was no lodestar this year, with the Supreme Court decision in Warner Lambert having fallen short of […]

Does my food advert market to kids? Draft guidance on Bill S-228

On January 25, 2019, Health Canada sent members of its stakeholder registry a draft “Guide to the Application of the Child Health Protection Act (Bill S-228)” (the “Guide”). Stakeholders have until February 15, 2019 to provide comments. The Guide is still in draft form, and operates on the presumption that Bill S-228 will become law, which is […]

Developments in China’s new draft foreign investment law

China released a new draft Foreign Investment Law (“Draft Law”) soliciting public comments. The Draft Law further liberalises the Chinese economy to foreign investments and primarily provides broad principles governing foreign investment activities in China. The successful implementation of the Draft Law would depend in part on subsequent supporting regulations, smoothly harmonising existing rules and […]

A note of caution before granting waivers, no interest letters and estoppels

A lender holding security interests in a borrower’s property may be asked by the borrower or a third party to provide a waiver, no interest letter, estoppel or similar confirmation (each referred to as a “waiver”) that the lender has no security with respect to certain specific property of the borrower. The lender may be […]

Supreme Court confirms impact of a debtor’s bankruptcy on CRA deemed trusts GST and HST

In Callidus Capital Corporation v. Her Majesty the Queen, the Supreme Court of Canada overturned a troubling 2017 decision of the Federal Court of Appeal. The Supreme Court held unanimously that the bankruptcy of a debtor extinguishes the deemed trust for unremitted GST and HST created in favour of the Crown (“CRA”) by section 222 of the Excise […]

Causation and loss of chance in professional negligence claims: Supreme court clarity

By Sandip Singh How to assess causation and loss in cases where claimants sue for loss of a chance following a professional’s negligence has long been a tricky area. An earlier decision on that issue in this long-running litigation had also resulted in potentially greater risk of exposure for professionals.  In the eagerly awaited judgment in Perry […]

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