For our review, we have considered ten notable Scottish cases decided this year in the commercial and public law fields, which include the action brought by the administrators of Rangers FC, a landmark decision striking down an Act of the Scottish parliament, and different approaches to contractual interpretation.
Days after a trial court in Italy found six scientists guilty of manslaughter due to their failure to predict an earthquake, the Italian Supreme Court also hit the news after ruling in an employment case that mobile phones can cause brain tumours in heavy users. Sarah Croft, of Shook Hardy & Bacon International, assesses the …
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This article deals with two situations that occur frequently in connection with a transfer of undertaking, namely: i) dismissal of personnel and ii) harmonisation of employment conditions. TRANSFER OF UNDERTAKING In the case of a transfer of undertaking, the employees of the transferred undertaking will enter the service of the acquiring undertaking by operation of …
The Supreme Court has recently considered the issue of state immunity in the case of SerVaas Incorporated v Rafidain Bank & ors [2012]. The issues in the appeal were concerned with the scope of a state’s immunity from execution in respect of a judgment already made against it, rather than a state’s immunity from suit. …
Recent well-known trade mark cases in Indonesia have revealed a somewhat worrying trend: a number, not by any means insignificant, of first instance decisions of the Commercial Court have been erratic, suffering from questionable reasoning. Many have been overturned on appeal. This situation differs markedly from that which prevailed in the not too distant past, …
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In the November 2011 issue of The In-House Lawyer we looked at the Court of Appeal decision in New Cap Reinsurance Corporation Ltd (in liquidation) & anor v Grant & ors (as members of Lloyd’s Syndicate 991 for the 1997 Year of Account) & anor [2011] and the decision, also in the Court of Appeal, …
In 2005, India was the ‘go to’ destination for conducting clinical trials. However, recent articles indicate that, since then, the growth trajectory of the clinical trials industry in India has suffered due to the lack of clarity in the regulatory framework governing these trials. In order to resolve the ambiguity under the current regime and …
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The UK government tightened its stance on illegal working in 2008, imposing larger fines on employers that are found to employ people with no right to work in the UK and increasing unannounced visits on businesses in an attempt to tackle illegal working. The introduction of the points-based system in November 2008 also imposed on …
There can surely be few enterprises carrying on a business in the UK who remain unaware of the provisions of the UK Bribery Act 2010 (the Bribery Act). That such enterprises may be prosecuted in the UK courts for their failure to prevent bribery committed on their behalf, however far flung the location, has been …
Continue reading “Global trends in anti-corruption: is the OECD levelling the playing field?”
In a recent speech on EU merger control, the European commissioner for competition, Joaquin Almunia, identified two areas where he considered changes were required to the current EU merger control regime. First he highlighted his intention to streamline the merger review system to enable the EU Commission to focus on those cases that: