The risk of insolvency remains a matter of increasing concern to those working in and operating within the construction industry. This article looks at the increasingly disputed area of the ownership of retention sums within the sector, considers the effect of insolvency on construction projects, and the steps that may be taken to try to …
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How can employers prevent their employees from competing with them when their employment contracts end? A non-competition and/or non-solicitation clause often solves this problem, but restrictions also apply to former employees who are not bound by such clauses. Both situations are addressed in this article.
With the recession biting infto Britain’s workforce, the number of disgruntled employees and ex-employees is ever-increasing, as are the means for them to vent their frustrations against their employers in public. This article examines how you can prepare yourself and what you can do to stem the leaks. It is easier than ever to disseminate …
Continue reading “Whistleblowers, WikiLeaks and corporate confidence: how to protect your brand”
The ongoing House of Fraser sale and leaseback litigation (see box on p61), now due to be heard on 14 June 2011 in the Court of Appeal, brings into sharp focus the issues that can arise from the shifting value of covenant strength between different entities within a corporate group.
On 29 March 2011, following a three-month consultation period, the government announced its intention to implement most of the ‘primary’ recommendations set out in Lord Justice Jackson’s report into the costs of civil litigation in England and Wales. Many of the proposals are aimed at solving perceived problems arising in the context of personal injury …
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The concept of grading of initial public offerings (IPOs) in India was first introduced by the securities market regulator, the Securities and Exchange Board of India (SEBI) in 2006 under the erstwhile SEBI (Disclosure and Investor Protection) Guidelines 2000. It provided issuers with an option to get their proposed IPO graded by SEBI-registered credit rating …
The coalition’s ‘Our programme for Government’ states that it is based around three fundamental principles: freedom, fairness and responsibility. While these principles are not described in detail, they could reflect a balanced approach if construed as follows: the freedom of enterprises (and indeed the need for them) to compete; the responsibility of creditors to treat …
Continue reading “Confusion over future regulation for the consumer finance industry”
Tier 1 (general) is now closed. UK Border Agency (UKBA) has introduced a newly restructured Tier 1 programme. Tier 1 is divided into three sub-categories: entrepreneurs – for those investing in the UK by setting up or taking over, and being actively involved in the running of a business; investors – for high-net-worth individuals making …
Continue reading “Changes to Tier 1 of the point-based system”
The frequency with which entire agreement clauses have come before the courts for consideration demonstrates why it is so important that such clauses are carefully drafted to effectively protect the party seeking to rely on it, particularly with regard to excluding liability for misrepresentations. The recent AXA Sun Life Services plc v Campbell Martin Ltd …
Continue reading “Entire agreement clause is no defence against liability for misrepresentation”
Following some years of vocal agitation by media organisations and interest groups, on 15 March 2011 the Ministry of Justice published its draft Defamation Bill, the first proposal for wholesale statutory reform of our libel laws since the Faulks Committee’s (aborted) proposal in 1972. The draft Bill is based in part on Lord Lester’s private …