UK bids to become the forum of choice for antitrust | Arnold & Porter (UK) LLP

The UK Department for Business Innovation & Skills (BIS) has now published the UK government’s response to a consultation regarding private actions for damages arising from infringements of UK competition law. In this publication, Private Actions in Competition Law: a Consultation on Options for Reform: Government Response1, the government has made a number of proposals …

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Knowledge is power: the tension between commercially sensitive material and access to environmental information | Burges Salmon

It is accepted wisdom that, in the field of the environment, improved access to information and public participation in decision making enhances the quality and the implementation of decisions, contributes to public awareness of environmental issues and gives the public the opportunity to express its concerns and take part in the debate. That wisdom is …

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How reliable are warranties? | Edwards Wildman Palmer UK LLP

Due diligence risk allocation in share and business purchase agreements has kept the courts busy recently. The commercial approach to interpreting them adopted by the courts in 2012 will please transaction lawyers, but important questions remain unanswered.


Recovery of tax by lifting the corporate veil | Amarchand Mangaldas

The concept of an incorporated company having a separate existence and the law recognising it as a legal person separate and distinct from its members/shareholders was first recognised in the case of Saloman v Saloman & Co Ltd [1897]. Consequently, the legal framework pertaining to a company’s operations and obligations acknowledges separate legal existence as a key …

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Further changes from the UK Border Agency | Magrath Sheldrick LLP

The Immigration Rules are constantly changing and, with a number of amendments made throughout the year, even the UK Border Agency (UKBA) is struggling to keep up. It is important to remember how many people these changes affect – according to the 2011 census almost 8.5m people who live here were not born in England …

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Consent and connivance: the criminal liability of directors and senior officers | WilmerHale

In our November article, ‘Establishing the criminal liability of corporations’, we looked at how liability for criminal offences can attach to corporations, where the commission of the offence is attributable to someone who was at the material time the ‘directing mind and will’ of the company.1 This article looks at the related issue of how criminal …

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European competition law selected highlights: the last six months of 2012 | Arnold & Porter (UK) LLP

The last six months of 2012 saw a number of interesting European competition law developments. In this article we summarise those which appear to us to stand out as raising issues of substance or procedure that will affect the application of competition law in the future. In summarising these key developments, we distinguish between developments …

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An analysis of electricity market reform: the future for low-carbon energy | Burges Salmon

The revised Energy Bill was published on 29 November 2012 after extensive consultation following publication of the government’s electricity market reform (EMR) proposals in December 2010. The Bill will push through fundamental reforms to the UK electricity market that will affect the entire sector in one shape or form.


Illegality in contracts | Edwards Wildman Palmer UK LLP

As a general rule, the English courts will not enforce an illegal contract or provide for any other remedies that arise out of it. However, in determining the consequences of illegal acts carried out pursuant to a contract, the courts will distinguish between those contracts that are said to be illegal at their formation, 
and …

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Kilted contractual remedies: compelling performance | Brodies

It is generally understood that one 
of the key differences between Scottish and English remedies for breach of contract is the Scottish courts’ focus on implement (or performance) rather than damages as the primary remedy for breach. It is true that, in most cases, we do tend to end up arguing about damages, but this …

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