The number of syndicated loans signed in EMEA in the first quarter of 2012 was less than half the number seen in the same period last year and the pipeline for the remainder of 2012 remains thin, bar any uptick in M&A activity. Banks are operating under tighter capital constraints and are increasingly selective on …
In April 2010 we considered the then proposed Renewable Heat Incentive (RHI) (The In-House Lawyer 179, page 7). Two years on, the RHI is in force and in this article we look at where the RHI has got to and consider some of the practical, commercial and legal issues around the RHI scheme and heat …
Continue reading “Getting into hot water: renewable heat and the RHI”
The High Court has ruled in favour of the Lonsdale group in two related summary judgment actions: Leofelis SA & anor v Lonsdale Sports Ltd & ors; and Trademark Licensing Company Ltd & anor v Leofelis SA (the Leofelis actions). The applications were in relation to claims stemming from alleged repudiatory breaches of a licence, …
Calling on a performance bond should result in swift receipt of the bond amount by the beneficiary. However, there are risks involved in making calls on performance bonds, which can result in complex proceedings leading to delay and cost. Partners Richard Ward and Ben Bruton of Eversheds report on this area of law with attention …
Continue reading “Calls on performance bonds: avoiding pitfalls”
According to the Department of Energy and Climate Change (DECC) statistics, within the United Kingdom Continental Shelf (UKCS) there are approximately 500 oil and gas installations, 10,000 kilometres of pipeline and over 10,000 wells. As an increasing number of these installations become redundant due to the depletion of oil field reserves, challenging issues are raised …
For anyone who thought that the courts would be more willing to imply terms into contracts following the Privy Council’s decision in Attorney General of Belize & ors v Belize Telecom Ltd & anor [2009] and the Supreme Court’s decision in Rainy Sky SA v Kookmin Bank [2011], the judgment in Procter & Gamble Company …
Continue reading “Procter & Gamble clean up in interpretation of paper towels sales contract”
Class actions have been a hot topic in recent months due to a number of high-profile actual and threatened class actions south of the border. However, as things stand, class actions do not exist in Scotland. Would Scotland benefit from having a class action procedure and, if so, what form might it take?
Companies are increasingly using judicial review to protect valuable business interests. It is now routine for companies to challenge official decisions not only on the traditional grounds of illegality, irrationality and procedural unfairness, but also by invoking human rights principles and European law. When used effectively, commercial judicial review is a powerful tool. This article …
While the use of nanomaterials continues to grow, for some, concerns remain regarding the potential risks of using these materials and whether there is an adequate regulatory framework. Following up on an article published in The In-House Lawyer in May 2012, Sarah Croft, of Shook Hardy & Bacon International, assesses developments in the regulatory environment …
Continue reading “Product liability and nanotechnology: an update”
For tax reasons, international joint ventures are often structured by using a Dutch private limited liability company. As such, the joint venture company is governed by its mandatory articles of association. Besides the articles of association, the joint venture partners (shareholders) usually also enter into a separate joint venture or shareholders’ agreement to regulate the …
Continue reading “Is your Dutch joint venture shareholding safe and sound?”