Proposed changes to the EU merger control regime risk increasing the burden of the process on business | Arnold & Porter (UK) LLP

Much has been made about the 
European Commission’s proposals to extend the scope of the EU Merger Regulation1 to apply to the acquisition of non-controlling minority interests. As explained in previous articles in this publication, these proposals were motivated largely by the Commission’s frustration at not being able to regulate the minority shareholding that Ryanair …

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The proposed Water Bill: the key issues | Burges Salmon

The Water Bill (the Bill) has been 
long awaited. While it is not as ambitious as some may have hoped, the proposals set out in the Bill will have implications for current water and sewerage companies, current and potential licensees and customers. The proposals are at their core intended both to drive efficiency and increase …

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Excluding liability for refusal to perform a contract | Edwards Wildman Palmer UK LLP

Exclusion clauses are a key mechanism for managing risk in contractual arrangements. In particular, exclusion clauses are commonly used to exclude liability for breaches of the contract, or other contractual claims arising out of it, although they may also seek to exclude liability more widely. 
 

Legal professional privilege in Scotland and elsewhere | Brodies

As readers of this magazine will know, legal professional privilege (LPP) is a shorthand expression for the main category of information that a court may not compel a party to produce, even if it would be relevant to a matter before the court. This article summarises the status of LPP in Scots law (including the …

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Playing safe: liability and products for children | Shook, Hardy & Bacon

Life for those who look after children can feel like one long risk assessment. When purchasing products designed specifically for children, parents expect the highest safety standards. Sarah Croft, of Shook, Hardy & Bacon International, assesses product liability issues and the regulatory environment for children’s products in Europe and the UK.

Former employee slips through the net in breach of confidence claim | Macfarlanes

The recent decision of the Supreme Court in Vestergaard Frandsen A/S (now known as MVF 3 ApS) & ors v Bestnet Europe Ltd & ors[2013] provides a helpful discussion of the circumstances in which an employee can or cannot be held liable for a breach of confidential information. The Supreme Court said that, ultimately, liability …

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UK government tightens stance on illegal working | Magrath Sheldrick LLP

The UK government launched a consultation on the prevention of illegal working on 9 July 2013. The proposed changes to the civil penalty regime signal a tougher approach to dealing with businesses that employ illegal workers and those who have overstayed their visas.

European Commission tables measures to facilitate private antitrust damages litigation in Europe | Arnold & Porter (UK) LLP

On 11 June 2013, the European Commission published a package of measures aimed at making it easier for victims of illegal cartels and other violations of European law to recover damages before national courts throughout the European Union.

Greening 
your gas | Burges Salmon

A combination of government policy and consumer and shareholder pressure over recent years has led to many UK companies developing and implementing corporate social responsibility (CSR) programmes, which for some are becoming an integral part of their brand. A common aspect of many CSR programmes is a commitment to reduce energy usage, increase energy efficiency …

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your gas”

The broke broker: justly enriched? Benedetti v Sawiris in the Supreme Court | Edwards Wildman Palmer UK LLP

It really happens, apparently, in the world of international high finance: a broker is so keen to close the deal that they somehow forget to get their fee agreed. More realistically, of course, they are looking to time their agreement to the point at which the principal is in the best mood to agree the …

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