Charities and philanthropy continue to have important roles in commercial and public life. Charitable organisations are now used to undertaking a wide array of services and activities that historically would not have been immediately associated with the charities sector. In Scotland, we are nearing the end of the first decade of having in place a …
The Human Rights Act (HRA) 1998 enshrines various rights derived from the European Convention for the Protection of Human Rights and Fundamental Freedoms in the law of England and Wales. For defendants facing a claim for possession, the rights under Article 8 of the Convention may offer a possible defence. Whether such an argument can …
‘Jurisdiction’ is the power of a court to entertain an action or other proceeding. When parties enter into a transaction they usually include a ‘jurisdiction clause’ alongside a ‘governing law clause’ to determine where and subject to which country’s laws, any future issues should be determined.
As daily news heralds the emergence of the British economy from the worst recession since the 1930s it may seem a strange time to suggest that companies should consider acquiring businesses from companies which go into an insolvency process. However, looking back at past recessions shows that, apart from a spike of insolvencies when the …
Continue reading “Buying businesses from administrators: now is the time to prepare”
Heraclitus was probably right when he said in 500BC that ‘the only constant in life is change’. However, if he was living or working in the UK today as an overseas national, he would probably rephrase this by saying that the only constant is UK immigration law, judging by the frequency with which it changes.
Non-road Mobile Machinery (NRMM), which covers a wide array of different types of machinery from construction machinery and locomotives to garden equipment, is currently subject to specific air quality legislation. This article outlines the current regime and then discusses new European Commission proposals for a revision of the EU-wide law applied to NRMM. The changes …
Contracting parties have increasingly been agreeing to commit themselves to some form of inter partes discussion prior to the issuance of formal proceedings. This is despite the courts’ historic lack of inclination to find such dispute resolution clauses to be enforceable. However, this looks set to change: in Emirates Trading Agency LLC v Prime Mineral …