Bank’s duty of care after transfer of non-performing loans

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Higher Dutch VAT rate on several LS-products

By Luca van Silfhout, Patrick Vettenburg A number of goods and services, listed in an annex to the Dutch VAT Act, qualify for the reduced VAT rate (instead of the regular VAT rate of currently 21%). Among these goods and services are: qualifying medicines, first-aid type supplies such as bandages and qualifying medical aids such […]

Luxembourg tax ruling for McDonald’s Europe franchising not ‘illegal state aid’

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, […]

Prinsjesdag- Tax plan 2019

The government submitted the Tax Plan 2019 and related legislative proposals to the House of Representatives. A number of parts of these legislative proposals that may be relevant include: 1. Change of rates in corporation tax, income tax and VAT 2. Limiting depreciation possibilities buildings in own use 3. Limitation periods for loss settlement in corporation […]

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Navigating a new reality in the client-empowered era

To thrive in the new era of the empowered client, law firms must make investments designed to modernise the way they run their firms and service their clients. This requires changing culture, developing new competencies, and operationalising new ways of working. Innovative technologies are key enablers to accelerating rms’ transformations in these areas. New research […]

Procurement and state aid update: preparing for Brexit

By David Kilduff, Richard Auton or Richard Butterworth On 13 September 2018, the UK government published further guidance on the future of public procurement in the UK in the event of a “no deal” Brexit. What next for UK public procurement? Under current rules, all procurement opportunities that fall within the scope of the EU procurement […]

Third-party redevelopment – Landlord may oppose tenant’s lease renewal

By Matthew Lonergan, Lucy Shepherd A recent case has confirmed that a landlord was entitled to oppose its tenant’s lease renewal under the Landlord and Tenant Act 1954 where redevelopment of the site was to be undertaken by a third party. Background The case of Santander UK PLC v LPS Estates Ltd concerned the security of […]

Data protection: sunset of £500k, dawn of GDPR enforcement and horizon of Brexit

By JP Buckley In just a short space of time, the ever-evolving world of data protection and cyber has seen yet more change: 1. Potentially one of the last enforcement actions under the Data Protection Act 1998 against Equifax – and a maximum £500,000 fine for them for failing to secure UK citizens’ personal data against […]

Officer of judgment debtor can be committed for failure to provide information – CoA

Deutsche Bank AG v Mr Alexander Vik [2018] EWCA Civ 2011 This judgment is the latest instalment in the long-running litigation between Deutsche Bank (“DB”) and the Monaco-based billionaire, Alexander Vik. In 2008, Mr Vik’s personal investment vehicle, Sebastian Holdings, Inc. (“SHI”), incurred huge debts to DB after it made a series of heavily loss […]

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LK Shield acts for Dwellworks on acquisition of Irish Relocation group

LK Shields acted for Dwellworks LLC, a business to business provider of services to the global corporate mobility/relocation industry, in the purchase of, Irish based, Irish Relocation group. Dwellworks already has operations in Canada, Costa Rica, Germany, Hong Kong, Luxembourg, Mexico and the United Kingdom.

Extension of Montgomery principles in cancer diagnosis case

Serjeants’ Inn’s Conrad Hallin acted for the successful claimant, a Spanish national, following a failure to inform him of a diagnosis of a rare form of cancer, or to offer him appropriate monitoring.  The case, Gallardo v Imperial College Healthcare NHS Trust (2017), represents an extension of the Montgomery principles in the context of the giving of […]

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Which firm has the best performing private equity practice in the City? It is the ultimate mark of virility for US firms, with Latham & Watkins and Kirkland & Ellis both standing out as having stellar practices. But despite the power of the dollar and propensity for US funds, virtually every PE head in London singles out Freshfields Bruckhaus Deringer for leading the way in the field.

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