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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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Lord Irvine's favourite set reveals CFA system flaws

A SET held up by the Lord Chancellor as a pioneer of controversial Conditional Fee Agreements (CFAs) in personal injury actions is now saying the system is flawed. Number 1 Serjeant’s Inn has taken on more than 100 cases on a conditional fee basis, which have highlighted two major potential conflicts of interest. One tenant […]

Indemnity issue is about choice

Elizabeth Mullins entirely misses the point in her letter (The Lawyer 15 March) in which she demands an explanation of a “vested interest”. In common law it is generally unnecessary to establish the presence of actual bias – it is enough to establish that a reasonable person, acquainted with the circumstances, would have reasonable grounds […]

How not to deal with kids who kill

Paul Cavadino says the James Bulger murder trial revealed the way our legal system treats children who kill is out of sync with the rest of Europe. Paul Cavadino is director of policy at the National Association for Care and Resettlement of Offenders. The decision by the European Commission of Human Rights to refer the […]

In brief: Royal & SunAlliance

Royal & SunAlliance has become the first major company to offer after-the-event insurance in commercial and contract disputes, easing the pressure on the Lord Chancellor’s legal aid reforms. The product is targeted not at personal injury cases, but at the commercial sector. Insurers have been reluctant to cover commercial, contract and intellectual property cases because […]

In brief: Cable & Wireless

Cable & Wireless’ has reorganised, leaving one of the UK’s best known in-house lawyers without a job. Elizabeth Wall had been group director of legal and regulatory affairs at C&W since 1990. A spokesman at C&W says that to date she does not have a replacement position. Her deputy Dan Fitz has already been appointed […]

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