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Latest Briefings

India: The age of telephony has arrived

On 19 June 2018, the Department of Telecommunications, Government of India (DoT) finally provided its nod to several key recommendations (Recommendations) made by the Telecom Regulatory Authority of India (TRAI) on the Regulatory Framework for Internet Telephony in October 2017. DoT has released a clarification (Clarification) and certain amendments to existing licenses (Amendment), both of […]

Claims management companies: The new regulatory regime

Walker Morris Banking Litigation partners Louise Power and Rob Aberdein explain the new regulatory regime and the Financial Conduct Authority’s proposals for changes to the regulation of claims management companies across England, Wales and Scotland…

Adjudication Matters – July 2018

The Courts have re-affirmed that, despite a contract containing an express right of set-off, it is only in exceptional circumstances that a party will be entitled to set-off another claim against an Adjudicator’s award. This case serves as a helpful reminder that a right to set-off is unlikely to apply to an Adjudicator’s decision. The […]

Two EU regulations on UCITS/AIFMD asset segregation requirements for depositaries upon delegation

On 12 July 2018, the European Commission adopted two delegated regulations supplementing the Alternative Investment Fund Managers Directive (AIFMD) and the Undertaking for Collective Investment in Transferable Securities Directive (UCITS) on the safekeeping of assets by depositaries and their delegates. Their main purpose is to eliminate discrepancies among different national regulations. The following aspects will […]

Sleeping time is not working time says Court of Appeal

By Siobhan Fitzgerald The social care sector is breathing a sigh of relief after the Court of Appeal in Royal Mencap Society v Tomlinson-Blake reversed previous cases and decided that only time spent awake and working should be counted as working time for the purposes of calculating the national minimum wage.

Recommended

Wendy Lambert on who owns pension scheme surplus.

Wendy Lambert is a solicitor Hammond Suddards. The David and Goliath angle on last month’s Court of Appeal decision in the National Grid case has guaranteed colourful headlines. But most pensions lawyers conclude that the principles set out in the judgment are not new at all – they simply confirm the existing law. The case […]

This week:

The Lord Chancellor, Lord Irvine of Lairg, will address the 1999 Minority Lawyers’ conference, “Meeting the Challenge of Change”, on 20 March at the Law Society, Chancery Lane. Speakers include Lincoln Crawford, chairman of the Bar Council Race Relations Committee, and Jane Whittaker, chair of the Law Society Equal Opportunities Committee. Topics include the incorporation […]

FSA is set to become too powerful

George Staple QC, partner, Clifford Chance Monty Raphael, senior partner, Peters & Peters Stephen Pollard, partner, Kingsley Napley Mounting allegations in the latest City scandal – the “Flaming Ferrari” traders suspended for alleged market-rigging – will no doubt get a warm welcome from the public for encouraging plans to police the Square Mile more rigorously. […]

Legal image suffers at expense of self-interest

The Lawyer will no doubt be accused of lawyer-bashing yet again this week because of the damning report on the lack of pro bono work carried out by the profession (pages 12-14). No one wants to confront the truth, but the facts speak for themselves. The Lawyer’s survey of the profession’s commitment to working on […]

Pro bono: elementary to education

Pro bono is viewed variously by lawyers as an altruistic sacrifice, good PR, or as building stronger links between the legal profession and the community. It is viewed by the Government as complementary to an efficient and fair system of justice, the same way as it views the relationship between government expenditure and lottery funding. […]

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