Carl Belding. Counsel of Europe

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Latest Briefings

Tax ruling by Luxembourg to McDonald’s Europe franchising did not involve illegal state aid- European Commission

On 19 September 2018, the European Commission concluded that a tax ruling granted by Luxembourg to McDonald’s Europe Franchising did not constitute illegal State aid. The Commission acknowledged that Luxembourg had correctly applied the Luxembourg-United States tax treaty. While this decision concerns an individual case, it suggests that State aid rules are not an appropriate […]

Energy tax matters – Prinsjesdag 2018

The Budget Day Package 2018 contains a separate bill (‘Fiscal greening measures 2019’) with measures to reduce CO2 emissions. The proposal includes, among other things, the following changes in energy tax: Promoting electrification: shifting energy load from natural gas to electricity. The tariff in the first disc for natural gas is increased by EUR 3ct / m2, […]

UK real estate and competition law – An insight

By Samuel R Beighton On 18 September 2018, the UK’s Competition and Markets Authority (the “CMA”) announced that Heathrow airport (“Heathrow”) will pay a fine of £1.6 million in relation to an infringement of UK competition law arising from a restriction included within a commercial lease. Importantly, this case marks the first occasion that the CMA […]

Pre-purchase inspection is not a warranty

By Sandra Lando, Julie Djiezion For several years, there have been calls by some associations, including the Québec Association of Building Inspectors, for oversight of the work done by pre-purchase inspectors. On June 12, 2018, they resulted in the introduction of the Act mainly to improve the quality of buildings, the regulation of divided co‑ownership and the […]

Introduction of remediation agreement in Canada

By Glen Jennings, Matthew Doak The time has now arrived. A mechanism is finally in place in Canada that will allow for a better process to resolve criminal offences for corporations. In response to a consultation that ended in November 2017, the federal government introduced legislation amending the Criminal Code to allow for remediation agreements (better known as […]

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Expert tips…

“And now, Miss Cochrane, can you tell the court just exactly what an asset is?” “And what were the UK interest rates doing in 1988 around about the time the defendant was increasing his borrowing to £100 million?” “Can you tell the jury why the fat b****** who is the defendant should want to rip […]

Not a law unto themselves

Permission for solicitors to act as expert witnesses was always granted grudgingly, but these days it hardly happens at all. A damages claim against a lawyer for negligent legal advice will frequently revolve around what procedures were or should have been adopted. Whether the procedures relate to the application of rules of court, to those […]

Law Soc must face its responsibilities

I must declare an immediate interest. I am one of the patrons of the African Caribbean & Asian Lawyers Association and have been ever since its foundation. Recently I had the opportunity of opening its annual conference. It was a most successful conference and one I enjoyed attending. It was overshadowed, however, by the fact […]

In brief: Report sounds warning to accountants

Accountants are being warned to diversify to meet the growing competitive threat from lawyers and other professionals. A report by the Institute of Chartered Accountants 2005 working party predicts that audit work income will continue to fall with new technology and that the big six firms could become a “big five” or even a “big […]

A loss of balance on the bench

The recent release from jail by High Court Family Division President, Sir Stephen Brown, of a father sentenced by magistrates to six weeks for falling behind on maintenance payments has raised serious concerns about the tendency of lay magistrates to take excessive action in family cases. David Burrows, the Bristol-based specialist family law solicitor who […]

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