Scotland has always prided itself on having its own legal system, distinct from the rest of the UK and based on a unique combination of influences and precedents. In employment law specifically the differences are fewer – largely because so many of the rules are statutory in nature – but key differences still exist. It …
In the context of any company restructuring or reorganisation, the presence of a break clause in one of the company’s leases is a valuable thing indeed. This will enable the tenant to move out of unwanted or over rented space. At the very least, if the premises are over rented, the presence of a break …
The market for dietary supplements in 2012 was estimated to be worth approximately £385m in the UK alone and is worth billions of dollars globally.1 Sarah Croft, of Shook Hardy & Bacon International, assesses the regulatory environment for these products in Europe and the UK and considers the product liability issues for this sector.
Following the recent Supreme Court decision in R (on the application of Prudential plc) [2013], confirming that legal advice privilege does not attach to accountants or anyone else outside the legal profession, this seems an appropriate time to revisit the application of the principles of privilege within the context of internal investigations. We examine in …
Continue reading “Privilege revisited: privilege issues in internal investigations ”
Companies that have been involved in an illegal cartel affecting trade in the EU may significantly reduce their exposure to sanctions if they decide to co-operate with the European Commission (the Commission) under its Leniency Notice.1 The first company to co-operate and to satisfy the formal requirements is granted total immunity from fines, while companies …
While countries are struggling to reach an agreement on appropriate emissions reduction targets, from a corporate risk and compliance perspective the issues businesses face related to climate change are substantial. The impacts of increased sea levels, extreme weather events like heatwaves, heavy precipitation, droughts and wildfires reach companies in all corners of the world, impacting …
Continue reading “Climate change: the top five trends to watch”
The conventional view in the UK has been that a sub-licensee has no greater rights than their sub-licensor and so a sub-licence ends when the sub-licensor’s rights terminate, in accordance with the principle of nemo dat quod non habet (no one gives what he doesn’t have). This was questioned by the recent case of VLM …
Intellectual property (IP) is of huge and ever-increasing value to all businesses. It is often the most valuable asset that a company owns. By way of example, in 2010, patents held by US companies were estimated to be worth $2 trillion. Recently, Alan Greenspan, the former Chairman of the Federal Reserve of the United States, …
Continue reading “Intellectual property and Scotland’s constitutional future”
In the event that a safety problem is identified with one of your products, you will need to undertake a risk assessment to comply with the General Product Safety Directive.
This article considers the Supreme Court decision in VTB Capital plc v Nutritek International Corp & ors [2013]. Perhaps the most striking aspect of the case is that it casts doubt on the notion that the Court has the power to pierce the corporate veil. The Supreme Court also held that, even if the power …