Since the House of Lords decision in Salomon v Salomon & Co [1897], it has been a fundamental principal of company law that a company has a separate legal personality. This means that shareholders are not normally liable for the acts or omissions of a company. However, the court will ‘pierce the corporate veil’ where …
In IHL174 Charlotte Bunn commented that the concept of repudiatory breach of contract, and its effects, are commonly misunderstood (p8). The recent Court of Appeal decision in Acre 1127 Ltd (In Liquidation) v De Montfort Fine Art Ltd [2011] should therefore be welcomed in so far as it is a reminder of the distinction between …
Continue reading “A clearer picture of entitlement to damages flowing from repudiatory breach?”
Consumers in the Middle East and North Africa (MENA) are much the same as consumers anywhere else in the world; they enjoy the chance of getting something for nothing. So, not surprisingly, brand owners are as keen here as they are elsewhere in the world to use promotional giveaways and prize draws to attract consumer …
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Does your organisation sponsor a defined benefit (DB) pension scheme? If it does, it will be responsible for making up the deficit in the scheme. It therefore has a direct interest in how the scheme’s investments perform. One difficulty for a sponsoring employer is that it is one step removed from the decision-making process on …
Continue reading “Alternative investments by DB pension schemes: the employer’s perspective”
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 …
Prior to discussing misrepresentation it is important to understand the structure of the legal system in the UAE.1 UAE LEGAL SYSTEM The UAE shares a similar civil law structure to many other Arab countries. After the formation of the federation in 1971, the UAE looked towards Egypt for the drafting of its major codes. Egyptian …
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The Localism Bill, which is now going through Parliament, has been highlighted by the government as a driver of housing supply improvement and sorely needed growth in the regions independent of financial wizardry. There has been much comment recently about whether localism will take us to the right place and really generate growth.
Two recent high-profile cases involving BSkyB/News Corporation and Ryanair/Aer Lingus have highlighted the importance of the merger control rules. These cases have also demonstrated the extensive scope and potential flexibility of the UK merger control regime and why anyone considering the acquisition of even a minority stake in a business may need to consider competition …
Continue reading “BSkyB / News Corp and Ryanair / Aer Lingus: The Long-Reach of UK Merger Control”
On 6 January 2011 The Emirates Securities and Commodities Authority (ESCA) released a new draft regulation on investment funds in the UAE (the Regulation) for public consultation. The deadline for submitting comments or responses to ESCA is now closed, and it is expected that the Regulation will soon be discussed and approved by ESCA. It …
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It’s Friday, 8:30 AM, and you’re eating breakfast at your desk. Overnight you have received an urgent e-mail from Bob Shine, vice-president of Business Affairs. Bob is based in your head office several time zones away. For the past nine months you have been assisting him with due diligence in the divestment of one of …
Continue reading “Enforcing Trade Marks Online – Stemming the Flood”