The resignation of Mark Harper, MP and former immigration minister, in February 2014, is a very public reminder to all employers of the importance of checking right to work documentation for employees, and retaining the appropriate copies of these documents.
Where public entities in the UK or any other EU member state wish to procure goods or services from private sector enterprises, they must follow the processes set out in EU public procurement legislation. In the UK, this legislation is enshrined in the Public Contracts Regulations 2006, as amended (the 2006 Regulations). The EU public …
Continue reading “Competition for public contracts: the new EU public procurement regime”
The winter of 2013/2014 set a number of records. It saw the largest storm surge in 60 years; the stormiest December on record; the wettest January in 250 years; the lowest depression since 1876; and the wettest winter on record. Everyone will be aware of the flood events suffered, particularly in Southern England.
In AB v CD [2014] the High Court held, with a degree of uncertainty, that the fact that contractual damages are subject to a limitation clause does not mean that those damages are not adequate, as required for the granting of an injunction under the American Cyanamid1 guidelines.
It is now just over a year until April 2015 when the first devolved taxes will come into effect in Scotland. The Land and Buildings Transaction Tax (LBTT) will replace Stamp Duty Land Tax (SDLT) on transactions involving land in Scotland, and the Scottish Landfill Tax (SLFT) will start to be levied on landfill in …
Continue reading “The Scottish Government’s approach to tax avoidance”
Retention of title clauses are found in most contracts for sale of goods. The concept of retention is a simple one whereby the supplier of goods protects itself against non-payment by retaining ownership of goods until payment is received from the customer. The concept arises from the Sale of Goods Act 1979. The Sale of …
Continue reading “Are your retention of title provisions effective?”
Numerous reports in the media concerning the relationship between the UK and Europe suggest that 2014 will be an eventful year for UK immigration and our participation in the European Union (EU).
Under EU competition law, parent companies will, as a rule, be responsible for the behaviour of their wholly owned subsidiaries. That is not surprising, as the parent has the ability and is presumed to in fact oversee and direct the activities of its subsidiaries, so-called exercise of decisive influence.
We may not be surprised by reports of litigation taking many years and costing between £60,000 and £70,000. However, were we told that the reports in question stem from 1852, and that such sums in real terms today would be many millions of pounds, we would perhaps agree with Dickens’ statement regarding the Chancery Court …
Companies and organisations depend on the notion of agency to conduct their business: they require natural persons to make decisions and enter into agreements on their behalf. So who can enter into binding transactions on behalf of a company? Generally speaking, a company will be legally bound by a contract where it is entered into …