In the July 2012 edition of The In-House Lawyer, our colleagues discussed the importance of the first instance decision inCompass Group UK and Ireland Ltd (t/a Medirest) v Mid Essex Hospital Services NHS Trust [2012]. On 15 March, the Court of Appeal reversed Cranston J’s judgment.
In the current economic climate, it is vital for in-house counsel to have a good understanding of both the powers that an organisation has to terminate contracts in the event that the other party to the contract enters insolvency, and the powers the insolvency practitioner (IP) enjoys in this regard. Does insolvency have any automatic …
Continue reading “Termination and disclaimer of contracts under Scots insolvency law”
The advance of GPS mapping, radar and wireless systems are making the ‘driverless car’ a possibility, sooner than many may have anticipated. The widely reported trials of an automated vehicle fleet utilising Google technology has raised the profile of automated vehicles significantly. Following these successful trials, the US states of Nevada, California and Florida have …
Continue reading “Driverless vehicles: liability and new automotive technologies”
Commercial contracts often contain provisions that allow one party to take a certain step, or to make a particular decision, which will have an impact on another contracting party. Commenting on such a situation in Abu Dhabi National Tanker Co v Product Star Shipping Ltd (The ‘Product Star’) [1993], Leggatt LJ said that ‘where A …
‘The dangers of life are infinite, and among them is safety’ – Goethe. The Securities and Exchange Board of India (SEBI) issued a discussion paper on the ‘mandatory safety net mechanism’ in September 2012 (the SEBI discussion paper), inviting public comments. Briefly, this contemplates a mechanism wherein, in the event of a fall in share …
The UK government has recently split up the UK Border Agency into two entities, namely the Immigration and Visa Directorate and the Immigration Law Enforcement Directorate, both of which will report directly to the Home Office. The Tier 1 category of the points-based system1 was designed to allow highly talented migrants from outside Europe, and …
Continue reading “Highly valued migrants: overview of the categories”
Over recent months, international sanctions and export controls have featured heavily in the news; the recent escalation of tension in the Korean peninsula, the ongoing conflict in Syria and Iran’s continued attempts to develop nuclear weapons are all examples of international situations where sanctions or trade controls are in force. Even though these are examples …
Continue reading “Sanctions and export controls: ignorance is not bliss ”
Two recent judgments of the General Court of the EU (the Court)1 provide a stark reminder of the long reach of competition law in relation to exchanges of information between competitors. Although the European Commission’s findings of fact in these cases disclosed a frequent and detailed series of communications concerning future prices, it would be …
Continue reading “Information exchange: don’t slip on the banana skin”
The issues of efficient heat and reducing emissions from the generation of heat are rapidly moving up the political agenda. Industry needs to watch these developments closely and be prepared. Six industry sectors, including chemicals, oil refining, food and drink, basic metals, pulp and paper and non-metallic minerals (including ceramics, cement and glass) are singled …
Continue reading “Industrial heat use and the Heat Strategy”
The doctrine of frustration was developed in Taylor v Caldwell (1863). In that case, the plaintiff had agreed to hire a music hall for concerts on four specified evenings. A fire destroyed the music hall before the concerts took place. The plaintiff sought damages from the owner of the hall on the basis that he …
Continue reading “A frustrating accident? Bunge SA v Kyla Shipping Co Ltd [2012]”