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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 […]

Recommended

President furious over Gazette story

THE LAW Society’s journal The Gazette appears in grave danger of being drawn into the political battle currently raging within the Law Society. Martin Mears is understood to be fuming over a scathing attack by Paisner & Co partner Stephen Levinson against his views on discrimination in last week’s editorial/comment page of The Gazette. The […]

Moving the goalposts:The City Firm

Over the past five years there has been a noticeable shift in emphasis within the finance departments of law firms. During the 1980s firms were profitable, instructions were plentiful and the average firm operated with sizeable levels of work-in-progress (WIP) – a protective layer of “fat” which could be utilised in a poor year. Consequently, […]

Firms hold urban double bill

TWO top law firms have played key roles in generating discussion between the public and private sectors on initiatives which would rejuvenate blighted and derelict land. The City’s Denton Hall and national practice Eversheds were behind conferences which examined urban renewal schemes and initiatives for developing contaminated land. Both the events this month brought together […]

Nick Rose thinks the Trade Marks Act 1994 is unclear. BYLN:

Nick Rose is a partner in the IP/IT department at Field Fisher Waterhouse. The recent decision in the Wagamama v City Centre Restaurants case (unreported) has highlighted the difficulties IP litigators face in predicting how the courts will interpret parts of the Trade Marks Act 1994 which came into force on 1 October 1994. Section […]

Owen wins Bar Council election

ROBERT Owen QC has been elected to the vice-chairmanship of the Bar Council, beating Hilary Heilbron QC and Rodney Klevan QC to the post. Owen, the current professional standards chair, will take over from David Penry-Davy QC in January when Penry-Davy assumes the chairmanship. Heilbron, who was unavailable for comment, has now been rejected by […]

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