As 2009 draws to a close, the dust is now settling on what has been a very busy few years for UK company law. The Companies Act 2006 (the 2006 Act) represented the biggest overhaul and update of UK company law for decades, since its predecessor, the 1985 Act, was really only a consolidation of …
Continue reading “Companies Act 2006: is your house in order?”
The war for talent in the financial services sector continues. Traditionally, firms have faced some obstacles in protecting their key staff, but two separate developments may give firms cause to be more optimistic in protecting their interests.
A key milestone in the implementation of the REACH (Registration, evaluation, authorisation and restriction of chemical substances) Chemicals Regulation 1907/2006 (REACH) was the first registration deadline on 1 December 2010.
In a recent decision, the Commercial Court of Vienna (Handelsgericht Wien) ordered the publication of a judgment in the form of a YouTube video. As far as can be told, this was the first time, confirming that new information channels and social networks can provide a venue for the publication of judgments.
In its June 2010 Budget the Government announced several proposals as part of a five-year plan to reform corporation tax, including a proposal to exempt foreign branch profits from corporation tax. This followed the previous government’s announcement in the 2009 Pre-Budget Report that it recognised foreign branch taxation as a ‘matter of growing importance’ and …
On 21 October 2010, the Code Committee of the Takeover Panel issued the response statement to its Public Consultation Paper (PCP 2010/2), ‘Review of Certain Aspects of the Regulation of Takeover bids’, which was published on 1 June 2010. The consultation was the culmination of a process started by the Code Committee of the Takeover …
Continue reading “Takeover Code consultation: response statement”
With in excess of 30 free zones Dubai has developed an extremely successful free zone industry, with many of Dubai’s free zones held up internationally as examples of how such trading zones should operate.
The recent decision in UK Bankruptcy Ltd [2010] has once again highlighted the different approach taken by the jurisdictions of Scotland and England. Although not separated by any physical boundaries the decision of the Inner House in UK Bankruptcy Ltd, which concerns the rights of audience of companies in Scotland, shows there are perhaps some …
As the effect of public sector budget cuts begin to bite, companies and other institutions involved in projects with public bodies will look to judicial review as a possible way of protecting those projects or salvaging something from the wreckage if funding is pulled. The recent decision in R (on the application of Grimsby Institute …
Continue reading “Legitimate expectation representations and conspicuous unfairness”
Remedies for contractual disputes are traditionally compensatory in nature, with damages assessed based on the loss suffered by the claimant. Restitutionary remedies, however, focus on any unfair benefit (known as ‘unjust enrichment’) to the defendant at the claimant’s expense, with the aim of restoring that benefit to the claimant. Restitutionary remedies are therefore distinct from …
Continue reading “Claim for restitution crashes in the High Court”