Gigantic noticeboard or wall of graffiti? Online libel: are we lost in analogy? | Schillings
Legal Briefing

Following the recent High Court decision in Tamiz v Google Inc [2012], which closely followed the decision by HHJ Parkes QC in Davison v Habeeb [2011] just two months earlier involving the same defendant, you may have been mistaken for thinking that the law was for once attempting to move at the pace of technology. …

Continue reading “Gigantic noticeboard or wall of graffiti? Online libel: are we lost in analogy?”

Privilege against self-incrimination: ‘an archaic and unjustifiable survival from the past’? | Macfarlanes
Legal Briefing

The recent case of Coogan v News Group Newspapers Ltd & anor [2012] is the latest in a string of claims arising out of the infamous phone-hacking scandal that dominated the media for most of 2011. In this case, the Court of Appeal considered the law of privilege against self-incrimination (PSI). In particular, it examined …

Continue reading “Privilege against self-incrimination: ‘an archaic and unjustifiable survival from the past’?”

Options in shares: a clear investment option? | Amarchand Mangaldas
Legal Briefing

The legality of put and call options in India is a subject of intense speculation. It became the subject of controversy when the Department of Industrial Policy and Promotion (DIPP) recently treated ‘in-built options of any type’ as debt; not permissible as foreign direct investment, only to delete the investor-offending phrase without much ado, a …

Continue reading “Options in shares: a clear investment option?”

Out of control | Macfarlanes
Legal Briefing

A party’s obligation to disclose documents in a dispute is limited to documents which are, or have been, in its control (CPR 31.8). In North Shore Ventures Ltd v Anstead Holdings Inc [2012], the Court of Appeal considered the meaning of the word ‘control’ in the context of CPR 71.2, which provides that the court …

Continue reading “Out of control”

Administration sales and TUPE: normal service resumed | Druces LLP
Legal Briefing

For many years, the accepted way 
to rescue the business of a company 
and thereby preserve employment, 
while paying the maximum return to creditors, has been administration 
followed by the sale of the business 
and assets to a purchaser (usually by a 
‘pre-pack’ these days). The automatic transfer of the employees to the 
purchaser under …

Continue reading “Administration sales and TUPE: normal service resumed”

India’s Insurance Regulatory and Development Authority takes a giant leap to rein in cross-border reinsurers | Amarchand Mangaldas
Legal Briefing

For a professional who has been advising primarily on insurance law for more than a decade, some things never change. For example, the foreign direct investment (FDI) policy on insurance, which continues to prescribe a cap of 26%, despite almost every other sector having higher FDI limits. In the wake of this seemingly nonchalant and …

Continue reading “India’s Insurance Regulatory and Development Authority takes a giant leap to rein in cross-border reinsurers”