Legal Briefing

Clinical trials: a step towards ironing out regulatory ambiguities
 | Amarchand Mangaldas

In 2005, India was the ‘go to’ destination for conducting clinical trials. However, recent articles indicate that, since then, the growth trajectory of the clinical trials industry 
in India has suffered due to the lack of clarity in the regulatory framework governing these trials. In order to resolve the ambiguity under the current regime and …

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”

Enforcement: prevention of illegal working and compliance under the points-based system | Magrath Sheldrick LLP

The UK government tightened its stance on illegal working in 2008, imposing larger fines on employers that are found to employ people with no right to work in the UK and increasing unannounced visits on businesses in an attempt to tackle illegal working. The introduction of the points-based system in November 2008 also imposed on …

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Global trends in anti-corruption: is the OECD levelling the playing field? | WilmerHale

There can surely be few enterprises carrying on a business in the UK who remain unaware of the provisions of the UK Bribery Act 2010 (the Bribery Act). That such enterprises may be prosecuted in the UK courts for their failure to prevent bribery committed on their behalf, however far flung the location, has been …

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Proposed changes to the EU merger control regime | Arnold & Porter (UK) LLP

In a recent speech on EU merger control, the European commissioner for competition, Joaquin Almunia, identified two areas where he considered changes were required to the current EU merger control regime. First he highlighted his intention to streamline the merger review system to enable the EU Commission to focus on those cases that:


Shale gas: the 
energy saviour? | Burges Salmon

Shale gas is a naturally occurring gas, consisting mainly of methane, that is found in thin layers of sedimentary rock known as shale. It is termed ‘unconventional’ natural gas because it is found in shale, which is less permeable than rock in which natural gas has historically been found and, as such, additional procedures are …

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energy saviour?”

Collateral security: assurances for comfort can give rise to legally enforceable rights | Cooley

Commercial contracts will very often be the subject of negotiation between parties, and during those negotiations things will be said or recorded, often to assure or comfort one of the parties, that do not appear in the terms of the written contract. Difficulties will inevitably arise where a party relies on such statements and there …

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The chronicles of the JSC BTA Bank litigation | Macfarlanes

Barry Donnelly and Zoë Fuller discuss the extraordinary battle between JSC BTA Bank and Ablyazov. In numerous courts and with nearly 50 interim applications, the proceedings have created a substantial volume of new case law.

Swap mis-selling: 
Grant Estates Ltd 
(in administration) v The Royal Bank of Scotland plc
 | Brodies

Since the start of the financial 
crisis in 2007, there have been many 
public accusations of mismanagement 
and dishonesty made against those involved in the running of the UK’s banks and financial institutions. Over the past several months, concerns have been expressed about the sale of interest rate swap products to small and medium-sized companies …

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Grant Estates Ltd 
(in administration) v The Royal Bank of Scotland plc
”

Counterfeit goods and product liability | Shook, Hardy & Bacon

The added value that has been built in branded goods, usually through many years of investment by the brand owner, provides a powerful attraction and incentive to manufacturers of counterfeit goods who are harnessing the power of the internet and global supply routes in growing numbers. Whilst the most obvious cost to manufacturers is loss …

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At what cost? The introduction of costs management in court proceedings | Macfarlanes

In the final report of his review 
of civil litigation costs, Lord Justice 
Jackson made it clear that he considers litigation to be too expensive and that 
the high costs of bringing or defending 
a claim in court effectively limit access 
to justice. He proposed that the court’s case management powers be expressly extended to …

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