Intellectual property in the cloud

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Latest Briefings

Blog: Application for an inquest into Alfie Evans’ death is without merit

By Bridget Dolan QC R (Allman) v HM Senior Coroner for Liverpool and Wirral The short and desperately tragic life of Alfie Evans, and his parents’ heart-rending fight to have him transferred to Rome for continuation of his life sustaining treatment, has recently been fully played out in the public arena. The public hearings in the […]

Implications of a ‘no Brexit deal’ on business structuring, accounting and audit

By Alison Johnson As 29 March 2019 draws ever closer and Brexit withdrawal negotiations continue, the UK government has started to release a series of technical notices outlining the implications of a “no Brexit deal” on certain key topics and industries. Noting that changes in business structuring, accounting and audit will be of interest to […]

Mortgage portfolio transfers – How a stitch in time saves nine

By Abigail Hadfield Inadvertently failing to transfer the legal title to even a handful of mortgages following a portfolio acquisition can be a costly mistake. The secondary market in residential mortgage books is thriving, and purchasers are increasingly being caught out by this apparently simple issue. In the majority of cases, a suitably-worded power of […]

Governing law and jurisdiction clause in contracts

By Gordon Bell, Tom Price, David Lowe Governing law and jurisdiction or dispute clauses are two distinct things. Governing law is the substantive law of the contract and dispute resolution clauses are the clauses that tell you where and how your dispute is going to be resolved. They are very different. One does not imply the other and […]

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OwersIndex

Talk is not so cheap for employers

A CoA decision against Commerzbank is a warning that common law contractual rules are alive and kicking Last month 104 former Commerzbank bankers met with resounding success when the Court of Appeal (CoA) dismissed the bank’s challenge to a decision that it was contractually committed to providing its employees with a minimum bonus pool because […]

Judicial review: it’s about time

At present, an application for a judicial review of a decision made by a public body must be made ‘promptly’ and within three months of that decision being taken in any event. In a planning context, the apparent vagueness and uncertainty of this wording has resulted in a number of legal challenges involving a determination […]

Preparing for EMIR and Dodd-Frank: our capabilities

The European Market Infrastructure Regulation “EMIR) has been in force since 16 August 2012, however, in the first few weeks of 2013, the detailed technical rules implementing the regulation were finalised and came into force on 15 March 2013. The practical implications of the regulation in the OTC derivatives space will be considerable for banks […]

Mis-selling claim rebuffed; contractual estoppel recognised

The Hong Kong court has handed down a landmark ruling on the mis-selling of financial products in Hong Kong, rejecting a customer’s various allegations of breach of duty against the bank: DBS Bank (Hong Kong) Ltd v San-Hot HK Industrial Company Ltd. Allen & Overy acted for the bank in these proceedings. Of particular significance […]

Carbon Matters — spring 2013

At the end of last year, many expressed disappointment at the outcome of the Doha Conference, particularly representatives of the developing countries who have criticised the “lack of ambition” in decisions on mitigation and finance. However, on the positive side, it should be said that the conference did agree a second Kyoto commitment period to […]

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