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 …
It is a little-known fact that there is currently no ‘small claims’ procedure in the UK for intellectual property (IP) claims. The small claims track has proven to be an effective and low-cost means of settling other types of low-value disputes between individuals and companies. It has been available for most other types of legal …
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”
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 …
The UK Border Agency continues to make changes to the UK immigration regime with a view to reaching their aim of reducing net migration to the tens of thousands by 2015. In a recent statement of intent, they announced further amendments to Tiers 1, 2 and 5 of the points-based system, overseas domestic workers and …
The Proceeds of Crime Act (POCA) 2002 imposes obligations on businesses operating in the regulated sector (for example, banks and other financial institutions) to disclose knowledge or suspicion of money laundering to the Serious Organised Crime Agency (SOCA). Such disclosure is known as a suspicious activity report (SAR).
International law firm Eversheds LLP recently gathered together senior City executives and canvassed their views concerning the City’s regulatory framework. The results clearly demonstrate that, while the City is broadly in favour of compulsory regulation, the generally held view was that the current uncertain regulatory landscape – particularly around international regulation – is creating a …
Continue reading “The future regulatory landscape: the City gives its verdict”
The ‘contaminated land regime’ contained within Part IIA of the Environmental Protection Act 1990 (Part IIA) will be familiar to many in-house lawyers within business sectors such as manufacturing, minerals, land development, property, waste management, chemicals, petrochemicals and pharmaceuticals, and myriad other businesses whose operations may have impacted the quality of land in the UK. …
In County Leasing Asset Management Ltd & anor v Michael Green Plant Ltd & ors [2012] the Court of Appeal considered an appeal from Hampton J in the Northampton County Court on the correct measure of damages for a claim in negligent misrepresentation. The case presents an opportunity to revisit the rules on this area …