Legal Briefing

The post-election immigration policy landscape | Magrath Sheldrick LLP

As the dust settles on the most unpredictable general election in decades, it appears that very little has in fact changed. The immigration policy landscape looks remarkably similar to the way it looked in April. Following endless discussions about coalitions, agreements, hung parliaments and pacts, the Conservatives now have an overall parliamentary majority and have …

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Corporate crime, multiple enforcement actions and the rule of international double jeopardy | Bryan Cave

For most companies, doing business today more often than not involves some level of international dealing. Globalisation can be great for business. But conducting business internationally can mean being subject to the laws of several countries, as well as any national laws with extra-territorial effect for conduct overseas. Therefore, one act or omission by a …

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A difficult balance: keeping the lights on
 | Burges Salmon

Ensuring the security and quality of electricity supply across the GB transmission system is a huge challenge. The responsibility for this sits with National Grid by virtue of its Transmission Licence (granted pursuant to the Electricity Act 1989) and a series of codes, including the Balancing and Settlement Code (BSC). An obligation to comply with …

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”

What level of warranty has been given in ambiguous contracts? | Cooley

An essential part of any engineering or construction contract will be the contractor’s warranties as to the quality and standard of the works to be performed. Warranties are contractual assurances 
that aim to apportion risk and liability between parties, and give rise to a claim for damages if breached. They are often key points of …

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Commercial property Scotland: an update | Brodies

The pace of the change in the commercial property market in Scotland has been rapid of late. Within five months of each other, a new land registration system and a new property tax have been introduced. Coupled with developments in case law and the pursuit of the green agenda, property lawyers have been kept on …

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Positioning the legal function at the heart of the business | Thomson Reuters

The UK’s corporate legal profession has doubled in size in the past 15 years and one in four solicitors now works in-house. Lawyers, therefore, have more influence over corporate decision making and corporate lawyers represent a greater proportion of the profession than ever before. How can general counsel keep the legal function at the heart …

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Developments in Company Voluntary Arrangements | Druces LLP

For some years, a pre-packaged administration sale (pre-pack) was the preferred option for distressed High-Street chains when the directors were considering restructuring options. However, recently, there has been an upswing in the number of companies with large property portfolios opting to utilise Company Voluntary Arrangements (CVAs) rather than undergoing a more formal insolvency procedure, such …

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Revisiting the Immigration Act 2014: a focus on NHS charges for temporary migrants | Magrath Sheldrick LLP

The UK is in the midst of implementing a series of immigration measures made law by the Immigration Act 2014 (the Act). The latest of these is the immigration health surcharge (IHS) for persons coming to the UK for longer than six months, which came into effect on 6 April 2015, together with confirmation of …

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The 2015 election and its environmental and energy implications: change or continuity? | Burges Salmon

With environmental considerations playing an increasingly important role in our everyday lives, it is perhaps surprising that, aside from the Green Party agenda, the sphere of environmental and energy policy took a relative back seat in the lead up to the 7 May 2015 general election. As the dust from the election settles, however, it …

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Contractual discretion: how should it be exercised? | Cooley

Contractual terms granting discretion for a party to determine unilaterally the outcome of a matter in prescribed circumstances are not an uncommon feature in commercial contracts. In fact, such clauses can be immeasurably helpful in enabling the contracting parties to operate on a day-to-day basis without the need to refer continually to the other for …

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