Anti-competitive cartel targeted care homes

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Family Court still has teeth: The Hart v Hart case

Mrs Hart was disappointed with her financial settlement. She appealed to the Court of Appeal but the appeal was rejected. Her team had argued that the High Court Judge had not punished Mr Hart for his refusal to be straight about his finances and had based her settlement on the sum that he did disclose, […]

Crypto divorces and the law

With fortunes being won and lost in the space of months, cryptocurrencies are on everyone’s minds and it is inevitable that they are going to form a significant new asset class in many future divorces. But how prepared are lawyers and the courts to deal with them?

Best-laid plans: Onus to obtain consent falls on employer

In Clin ­v­ Walter Lilly & Co Ltd [2018] EWCA Civ 490, the Court of Appeal held an implied term would be implied into a building contract (based on amended JCT terms) to provide for the employer’s obligations relating to planning permission or conservation area consent. On 25 September 2012, Mr Clin (the Employer) engaged […]

Court of Appeal backs Birmingham council in PFI case

The Court of Appeal found in favour of Birmingham City Council (“BCC”) rejecting Amey Birmingham Highways Ltd’s (“Amey”) interpretation of the contract, confirming that the PFI contractor’s road maintenance duty covered the entire current Birmingham road network…

King Edward VIII, profile on stamp

The King and IP: Edward VIII’s last testament unsealed

One of the justifications for releasing a copy of Edward VIII’s will is that the owner of the copyright in any literary works produced by the Duke of Windsor can be identified, which would include any letters he wrote to Wallis Simpson. If the owner of the copyright can be established, it will be possible […]

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Civil partnerships: a thing of the past?

By Sarah Green This week, the Supreme Court has heard the case of a couple who wish for their relationship to have the same legal status as same-sex civil partners…

Letting standards slip: Hotel owners cannot enforce brand standards

By Edward John An appeal judge refused to grant a hotel owner an order for specific performance requiring the tenant to maintain active trade and keep and run premises in accordance with brand standards. In Zinc Cobham 1 Ltd and ors v Adda Hotels, Zinc Hotels failed in its attempt to force Adda Hotels and […]

Luxembourg: Effect of the insurance distribution directive on the life insurance industry

Directive (EU) 2016/97 on Insurance Distribution of 20 January 2016 (“IDD” or “the Directive”) harmonises national provisions concerning the distribution of insurance and reinsurance products and insurance-based investment products (“IBIPs”) by insurance intermediaries, insurance companies, their employees, and ancillary insurance intermediaries in the European Union. The objective of the present article is not to summarize […]

Bulgaria to introduce derogations from the EU General Data Protection Regulation

The Bulgarian government has announced a set of specific requirements relating to the processing of personal data that it plans to introduce to national legislation in addition to the requirements under the EU General Data Protection Regulation (the “GDPR”). Such specific requirements (commonly known as “derogations”) are allowed by the GDPR in certain areas, such […]

Glencore awarded anti-suit injunction in DRC

In Kamoto Copper Company SA v Africa Horizons Investments Ltd and Ventora Development SASU [2018] EWHC 1086 (Comm) , Mr Justice Males ordered an anti-suit injunction against the defendant companies on the claimant’s application after the second defendant commenced proceedings in the DRC claiming US$2.857bn in relation to the alleged assignment of a royalties agreement…

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Out-of-London is the new London

Our analysis this week is on how major City firms have adopted the practice of disaggregation in their quest for greater efficiency (see cover story, page 10). Ashurst, Allen & Overy, Herbert Smith Freehills and most recently, Hogan Lovells, have all opened regional offshoots to handle lower value and support work rather than packaging it […]

ATE

ATE peer panel: After-effect

Despite rule changes, after-the-event insurance is still core to funding litigation cases, while damages-based agreements are largely ignored Q: To what extent is after-the-event (ATE) legal expenses insurance relevant to the modern commercial litigation market? Malcolm Henké, senior partner, Greenwoods: In personal injury (PI) cases the claimant is still concerned with meeting the cost of disbursements, which […]

​Gateley announces key appointment and promotion in Nottingham office

Gateley has announced that Paul Simpson has joined its Nottingham office as corporate senior associate. William Cursham has also been promoted to construction associate. Simpson advises on corporate matters including private equity, management buy-ins (MBIs), management buy-outs (MBOs), acquisitions, disposals and shareholder and joint venture arrangements. He brings to the team a wealth of experience, […]

Eversheds obtains landmark decision in Austrian Supreme Court

Eversheds’ Austrian office has obtained a landmark decision in the Supreme Court for Austrian restaurant group Plachutta. The case centres around the debate on smoking in restaurants. In this case, two private individuals appointed themselves as ‘smoking sheriffs’ with their sole life mission being to check whether establishments comply with all the regulations of the […]

Stephen Parkinson cropped

Government bribery review: need for speed must not replace fairness

As the Government unveils a review of fraud and bribery authorities, now is not the time to lose sight of what really matters. Recently the Government announced a wide-ranging review of the “UK’s ability to tackle bribery and white-collar crime”.  Headed by Ken Clarke, the Cabinet Office Minister, the review will examine the structure of […]

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