UK Merger Control: Law and Practice

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Latest Briefings

Impact of 2019 budget proposals on Dutch’s buyout sector

The Dutch government published important tax measures in its 2019 budget proposals with a potentially significant impact on the Dutch buyout sector. Some of these measures may result in a higher effective tax burden if appropriate action is not taken…

The meaning of occupation in the context of business rates

By Sophie Tracey, Lucy Shepherd In a decision that will be welcomed by property owners, a recent case has considered the meaning of ‘occupation’ in the context of business rates and has decided that the motivation for occupation is not relevant. Background Principled Offsite Logistics Ltd (POLL) applied for judicial review to challenge a local authority’s […]

Overage provisions helping landowners to ensure a fair price for its land

By Bhavesh Amlani, Michael Callaghan Overage provisions are a common feature of the development landscape, helping to ensure that a landowner receives a “fair” price for its land. Introduction Overage provisions give a landowner the right to receive a future payment following the sale of the property if the developer enhances the value of that property. […]

Luxembourg legitimising and embracing blockchain technology

By Bertrand Geradin What is the new securities law about? Since Bitcoin’s blockchain technology entered the mainstream, the crypto-currency market has boomed at an incredible rate. Blockchain – the underlying distributed ledger technology behind Bitcoin – has the power to disrupt many industries, and in particular to revolutionize the security of ownership. Luxembourg has opted to […]

CJEU allows full deduction of VAT on aborted transactions

VAT on abort costs in case of an unsuccessful takeover bid is deductible, provided the buyer intended to supply management services for consideration to the target company. This was ruled by the Court of Justice of the European Union (“CJEU”) in the Ryanair case (C-249/17) issued on 17 October 2018. Facts of the case Ryanair […]

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Company directors should be allowed approved share options of up to £100,000 more than three times the current maximum according to Michael Jacobs, a tax partner at Nicholson Graham & Jones. Jacobs’ recommendation comes in a report on “rewarding leadership” in smaller quoted companies issued last week by the lobbying group Cisco. Jacobs was the […]

Maxwell action group tackles Morgan Stanley over assets

A HUGE legal battle is unfolding in New York where the Maxwell pensions trustees, represented by the five-partner firm Orans Elsen & Lupert, are taking on investment bank Morgan Stanley and the 106-partner Lexington Avenue firm, Davis Polk & Wardwell in their $100 million claim. The lawsuit launched by the Mirror Group Newspapers Pension Trustees […]

Couderts signs head of litigation

ELBORNE Mitchell partner Jonathan Clegg has joined the London office of multi-national practice Coudert Brothers as its head of litigation. Clegg started with Couderts last week, replacing former SJ Berwin & Co lawyer Dr Julian Lew, who left to join Herbert Smith after less than three years with the firm. Couderts’ London administrative partner Steven […]

Last lap of the marathon action

Roger Pearson reports on the longest single civil case in legal history A High Court marathon between two Scottish farmers and chemical giant Rechem has ended. The duration of the case has taken it into the legal record books, with 198 days in court over 14 months. The action, which employed 21 expert witnesses from […]

City firms develop redundancy program

Helen Sage reports Two City law firms have linked up with a computer software company to produce Execomp, a software program designed to calculate compensation on termination of executive employment. With the assistance of Baker & McKenzie employment partner Michael Ingle and Fox Williams employment partner Jane Mann, Cadence Europress claims to have developed a […]

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