A recent Court of Appeal decision has examined the complex issues relating to the law applicable to the cross-border trusts in the context of the winding up of a substantial Middle Eastern investment vehicle. The case is of general application to cross-border trusts but is of particular interest in the context of insolvency where the …
In late 2013, the Singapore Government announced that the introduction of the Fair Consideration Framework (FCF) would be made mandatory on all employers of foreign nationals in Singapore with effect from 1 August 2014. Since this date, all employers doing business in Singapore have been expected to consider Singaporeans fairly for job vacancies and to …
Continue reading “Fair Consideration Framework: one year on”
The consequences of small and large-scale waste crime reach far beyond the unpopular effects on local amenity. Indeed, rogue operators undercut legitimate waste businesses and expose landlords of industrial or commercial premises to regulatory action and financial risk. The environmental, commercial and financial threats posed by waste crime have been recognised by Defra. On 26 …
An innocent party seeking to claim damages for breach of contract must take reasonable steps to mitigate its losses. This is a well-established principle of English law that has proved many a defendant’s ally.
The Excalibur Ventures LLC v Texas Keystone Inc & ors (Rev 2) [2014] case continues to generate excitement in all parts of the global litigation market. Various commentators have described the costs judgment by Lord Justice Christopher Clarke in that case as a ‘clear warning’, effectively ‘changing the playing field’ for the litigation funding industry. …
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A crucial factor in the success of any businesses is its reputation. Changes to the way people communicate, in particular using social media platforms, have made it easier than ever to express publicly an opinion about a person, organisation or state of affairs. This opinion can then potentially be shared to a worldwide readership at …
Continue reading “Defamation and reputation management: differences between Scotland and England”
Immigration policy has become one of the primary tranches of political debate within the past few years. Following an increase in immigration to the United Kingdom from the European Union and the rest of the world, the government and politicians continue to promise a reduction in net migration. Such a stance appears to strike a …
New legislation currently before Parliament promises greater choice for businesses who find themselves out of compliance with the environmental permitting regime. If passed, operators can be proactive in offering remedies – in the form of a civil sanction known as an enforcement undertaking – rather than waiting for the outcome of the Environment Agency’s investigation. …
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The High Court’s judgment in Raymond Bieber & ors v Teathers Ltd [2014] has made waves as a result of its interpretation by some as a recognition of a binding settlement agreement concluded with an e-mail that simply stated: ‘Noted, with thanks’. This interpretation ignores an inconsistency in the judgment as to the precise point …
In Scotland, we have had the benefit, and in some cases experienced the challenges, of more than a decade of market globalisation. On the whole this has been a very positive trend that has presented tremendous opportunities for those who have spotted the potential for business growth in new markets and have invested accordingly.