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Latest Briefings

Supreme Court upholds NCLAT judgement ruling that insolvency proceedings may be invoked against corporate guarantor before proceeding against the principal debtor

On 11 February 2019, the Supreme Court dismissed the Civil Appeal bearing No. 1484 of 2019 filed by Rai Bahadur Shree Ram and Company Pvt. Ltd. (the shareholder and promoter of Ferro Alloys Corporation Limited) and affirmed the landmark judgment passed by the National Company Law Appellate Tribunal (NCLAT) in the matter of Ferro Alloys […]

Guernsey’s new substance requirements – application to the funds industry

Like other offshore jurisdictions, Guernsey has implemented legislative economic substance requirements, which came into force on 1 January 2019, to meet a commitment to address concerns raised by the EU Code of Conduct Group on Business Taxation that Guernsey’s corporate tax system could facilitate offshore structures aimed at attracting profits which do not reflect real […]

Dispute resolution lawyers stress importance of board minutes in regulatory investigations

By Mathew Newman, Alex Horsbrugh-Porter, Sandie Lyne, Michael Rogers Today Guernsey dispute resolution specialists Michael Rogers and Sandie Lyne presented to the NED forum on the topic of regulatory investigations, providing advice on strategies and protocols which non-executive directors should consider when an investigation is underway. In particular, the talk highlighted why keeping board minutes […]

Trade secrets in Slovenia

The new Trade Secrets Act will enter into force on 20 April, introducing further clarity to Slovenian legislation with a renewed definition of business secrets. The new Act comprehensively regulates business secrets, as it uniformly defines the concept of a business secret – which was, until now, regulated in several sector-specific acts. In the event […]

Cross-border transactions with related parties on the tax radar in 2019

By Branimir Rajsic The Serbian Tax Administration (the “TA”) recently issued the annual plan on tax audits for 2019 (“Plan”), published on the TA’s website. According to the Plan, the focus will be on the following: taxpayers incorporated by non-residents with significant related-party transactions, in particular control of the application of double taxation treaty provisions, taxpayers […]

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Linklaters ditches junior partner role in global harmonisation plan

Linklaters’ German practice is phasing out the role of junior partners in a bid to harmonise the job titles used by the firm’s international offices. A spokesman for Linklaters said the firm’s German offices were dispensing with the title of junior partner in favour of the equivalent title of managing associate. This was to bring it closer in line […]

FSA swoops for CC’s Herrington

The Financial Services Authority (FSA) has appointed rated Clifford Chance investment funds partner Tim Herrington as the chairman of its Regulatory Decisions Committee. The former chairman of the committee Christoper Fitzgerald, an ex-Slaughter and May partner, resigned following the ‘Plumber’ scandal, in which the entrepreneur Paul Davidson’s appeal against a £750,000 fine for market abuse […]

Blackstone backs up Refugee Legal Centre unfairness claim

Barristers from Blackstone Chambers acting pro bono have carried out two challenges in the Court of Appeal on key elements of the Government’s policy towards asylum seekers. In both cases they acted with the Refugee Legal Centre, which was appealing decisions handed down by Mr Justice Collins in the High Court earlier in 2004. In […]

Penningtons gains two for immigration, property

Penningtons has bolstered its immigration and property practices with the hire of two partners. Philip Barth joins from Mishcon de Reya as head of Penningtons’ immigration team, while commercial property specialist Jeremy Fieldhouse is joining from the London office of Scottish firm McClure Naismith. First revealed on www.thelawyer.com 18 November

Kendall Freeman seeks injunction against former client

Kendall Freeman is fighting for its right to light as former client Land Securities proposes to build an 18-storey building in Fetter Lane. The firm has filed an application for an injunction to prevent Land Securities from going ahead with the planned 691,000 sq ft offices, due to be built directly opposite Kendall Freeman’s nine-storey […]

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