Revisiting Bartoline | Macfarlanes

Legal Briefing

The decision in Bartoline v Royal Sun Alliance [2006] has some commentators arguing that the door has effectively been shut on recovering environmental liabilities under public liability (PL) policies. This article examines whether this is true; it looks at the legal principles in Bartoline, its impact on the environmental insurance market and the likely future …

IPR enforcement on the internet: some useful guidelines | Rouse

Legal Briefing

Most established brand owners have long been savvy at intellectual property (IP) protection and enforcement when they find their intellectual property rights (IPR) infringed, whether it’s through unauthorised use of their trade marks or infringement of their copyright or design rights. 


Rent in administration proceedings: a headache for landlords | Druces LLP

Legal Briefing

An important area of insolvency law – the liability of a company in administration to pay the rent under the lease of its premises – which until recently had been relatively clear and straight forward, is currently in an unsatisfactory state. This was not always the case, as, until quite recently, landlords and administrators could …

The calm before 
the storm: are 
you prepared for 
a dawn raid? | WilmerHale

Legal Briefing

The start of a dawn raid is often the first time a company or individual learns that they are the subject of an investigation. Knowing what to do during the first minutes of a dawn raid is vital. Ensuring that a company’s receptionist, employees and senior management all know what role they have to play …

Court of Appeal provides useful guidance on the 
test for remoteness 
of damages for 
breach of contract | Edwards Wildman Palmer UK LLP

Legal Briefing

Generally speaking, a two-step procedure will be adopted in determining what damages will arise from a breach of contract. First, the courts will need to consider what loss has been suffered. Secondly, they will consider whether 
any of those losses suffered are too 
remote to be recoverable. It is this second test of ‘remoteness’ that …

Scottish employment law: small but significant differences can be a trap for the unwary | Brodies

Legal Briefing

Scotland has always prided itself on having its own legal system, distinct from the rest of the UK and based on a unique combination of influences and precedents. In employment law specifically the differences are fewer – largely because 
so many of the rules are statutory in nature – but key differences still exist. It …