The Localism Bill, which is now going through Parliament, has been highlighted by the government as a driver of housing supply improvement and sorely needed growth in the regions independent of financial wizardry. There has been much comment recently about whether localism will take us to the right place and really generate growth.
In the recent Lomas & Ors v JFB Firth Rixson Inc & ors [2010], the joint administrators (the administrators) of Lehman Brothers International (Europe) (LBIE) applied for directions as to the true meaning and effect of certain terms under interest rate swap agreements (the swaps), governed by the International Swaps & Derivatives Association (ISDA) Master …
Where a contract is formed on the basis of a mistake as to the law or certain facts, the contract can potentially be deemed void from its inception. In certain circumstances, however, the court has the authority to remedy the mistakes, by construing the contract in a way that will correct the mistakes, or by …
Continue reading “Make no mistake: High Court refuses to rectify erroneous contract”
Two recent high-profile cases involving BSkyB/News Corporation and Ryanair/Aer Lingus have highlighted the importance of the merger control rules. These cases have also demonstrated the extensive scope and potential flexibility of the UK merger control regime and why anyone considering the acquisition of even a minority stake in a business may need to consider competition …
Continue reading “BSkyB / News Corp and Ryanair / Aer Lingus: The Long-Reach of UK Merger Control”
On 6 January 2011 The Emirates Securities and Commodities Authority (ESCA) released a new draft regulation on investment funds in the UAE (the Regulation) for public consultation. The deadline for submitting comments or responses to ESCA is now closed, and it is expected that the Regulation will soon be discussed and approved by ESCA. It …
Continue reading “UAE investment funds: proposed regulations”
It’s Friday, 8:30 AM, and you’re eating breakfast at your desk. Overnight you have received an urgent e-mail from Bob Shine, vice-president of Business Affairs. Bob is based in your head office several time zones away. For the past nine months you have been assisting him with due diligence in the divestment of one of …
Continue reading “Enforcing Trade Marks Online – Stemming the Flood”
With much of the Arab world going through political and social upheaval, oil and commodity prices rising sharply, and sky-rocketing food prices putting much of the world’s population back into extreme poverty, the risk of increased civil unrest occurring across the globe is a real possibility. In anticipation of such an event, multinational companies need …
Continue reading “How does insurance respond in times of social and political upheaval?”
This is Kemp Little’s first contribution to In-House Lawyer, and the firm is delighted to be involved in the IT, telecommunications and outsourcing area. The first topic, which the firm anticipates returning to in further editions this year, is data law and the ‘data-centric world’.
Substantial changes to current legislation governing nuclear liability in the UK are afoot, following the recent release of the government’s public consultation ‘Implementation of changes to the Paris and Brussels Conventions on nuclear third party liability’ in January (the consultation). The proposed amendments are significant and will impact throughout the nuclear sector, from those involved …
Continue reading “Major developments in UK nuclear liability legislation”
Various corporate groups have recently relocated or announced that they are considering relocating their holding companies from the UK to places such as Switzerland and Ireland. Talk of tax moves has become common place. Does this mean the UK is an undesirable place to base a global corporate group’s operations? This article suggests that the …
Continue reading “Is the UK a desirable holding company location?”
In many respects employment law in Scotland is the same as that in England and Wales. Although Scotland has its own Parliament with law-making powers, the regulation of employment north of the border remains reserved by Westminster and those Acts with which English practitioners are familiar apply equally in the Scottish context.
In Bloom & Ors v The Pensions Regulator (Nortel, Re) [2010] in the High Court recently, Briggs J had to decide whether financial support directions (FSDs) and contribution notices (CNs) issued by the Pensions Regulator (the Regulator) to companies in administration or liquidation would rank as ‘expenses’ having super priority in the insolvency proceedings, or …