This week’s top 15 legal briefings – 9th February 2014

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Latest Briefings

Life Science Law Update – organ donation and access to psychotherapy

Popular initiative “Supporting organ donation – saving lives” The Federal Council supports the proposal of the initiative to allow organs to be removed from a deceased person if he or she did not oppose this during his or her lifetime in principle, but will suggest introducing certain measures in order to safeguard the rights of […]

Nitrate pollution concerns halt housebuilding on Solent

By Angus Evers, Matthew Price Five local authorities in the Solent area have put a hold on determining planning applications for new housing as a result of advice from Natural England about nitrate pollution. Following two rulings by the Court of Justice of the European Union in the ‘Dutch Case’ (C-293/17 and C-294/17) and ‘People […]

The tenant that never was

By Liam Phillips, Michael Callaghan The grant of a lease to a non-existent tenant highlights the importance of checking that companies in a transaction are registered at Companies House. Mr Darlow granted a lease of a restaurant in Cardiff to a company called Seafood Shack UK Ltd. The identity of the tenant had been set […]

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Germany’s Heuking sees turnover break through €100m for first time

German firm Heuking Kühn Lüer Wojtek has reported a 9.3 per cent rise in turnover for the 2013 year, with revenues hitting €107.6m (£89m) – up from €98.4m in 2012. The results mark continued growth for the independent firm, which also reported turnover rises in 2012 (13 February 2013), 2011 (21 February 2012) and 2010 […]

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Ince & Co launches redundancy consultation with 10 fee-earners

Ince & Co has launched a redundancy consultation with 10 shipping and finance fee-earners and six secretarial staff. The process is expected to last no more than three weeks, with the business support staff being offered voluntary redundancy. The consultation with fee-earners is expected to be quicker because there is no voluntary aspect to it. […]

Private equity update: restrictive covenants and penalty clauses

Buyers of businesses are often anxious about what the sellers will do after completion of a deal. Where proprietors have already built up a successful business (particularly one based largely on personal contacts) and sold it, it is clearly possible that they may want to repeat the success. This would mean competition for the original […]

Breach of contract — when not paying the price is a penalty

The courts are frequently asked to determine whether a clause providing for payment of a fixed sum on breach of contract is a penalty (and unenforceable under English law, even if the parties are of equal bargaining power) or a genuine pre-estimate of loss (liquidated damages), in which case the clause will be enforceable. Forfeiture clauses […]

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