Lisbon Treaty: update | Berwin Leighton Paisner

Legal Briefing

After much deliberation and delay, the ratification of the Lisbon Treaty appears to be back on track and could enter into force this month. Ireland, the only country to hold a referendum on the Treaty, ratified it on 2 October 2009, with Poland following closely behind by signing on 10 October 2009.

Tidying up: revisions to waste permitting exemptions | Burges Salmon

Legal Briefing

Since 2007, Defra, the Environment Agency (EA) and the Welsh Assembly Government have been reviewing the waste exemptions from environmental permitting, a system that has been in place and largely unchanged for 15 years. In broad terms, certain waste activities, such as burning waste as fuel or spreading sludge on agricultural land, were exempt from …

High Court finds that ‘subject to contract’ banner does not necessarily prevent parties being bound by agreement | The In-House Lawyer

Legal Briefing

IN JIREHOUSE CAPITAL & ORS v BELLER & anor [2009] the parties were conducting settlement negotiations and although they had not expressly lifted the ‘subject to contract’ banner (in fact both sides used it fastidiously through their various exchanges) the High Court found that, on the facts, the parties’ negotiations could only be understood to …

First-tier tribunal applies Redrow to accountancy services | Jones Day

Legal Briefing

In Airtours Holiday Transport Ltd v HM Revenue & Customs (HMRC) [2009], the tax chamber of the first-tier tribunal decided that Airtours Holiday Transport Ltd (Airtours) was entitled to a credit for input VAT on fees that it had paid to PricewaterhouseCoopers (PwC). HMRC argued that Airtours was merely a third-party payer and that PwC’s …

Public disclosure of mortgaged lands | Amarchand Mangaldas

Legal Briefing

To afford a home of your own is every person’s dream. But did you know that attachment proceedings can be initiated by the bank, in respect of your dream home, because your builder or developer has mortgaged the property to the bank and has defaulted in repaying the loan?

Litigating in the DIFC: some initial guidance for the unaware | Baker & McKenzie Habib Al Mulla

Legal Briefing

The Dubai International Financial Centre (DIFC), a 110-acre free zone that was established by the government of the Emirate of Dubai in December 2004 to promote Dubai as a fully-serviced ‘onshore’ capital market, constitutes an autonomous jurisdiction within the UAE. It has an independent judicial system, with its own courts and an independent judicial authority, …

State aid risks involved in real estate transactions and public-private partnerships | Boekel

Legal Briefing

Private undertakings that engage in commercial transactions with public authorities located in the EU should be more aware of the risk of unlawful state aid. This is especially true for construction or development companies, as well as real estate funds, when participating in projects with public authorities involving the sale and/or finance of buildings or …