As 2009 draws to a close, the dust is now settling on what has been a very busy few years for UK company law. The Companies Act 2006 (the 2006 Act) represented the biggest overhaul and update of UK company law for decades, since its predecessor, the 1985 Act, was really only a consolidation of …
Continue reading “Companies Act 2006: is your house in order?”
The Ontario government recently announced several new regulations and programs to give effect to some of the major components of the Green Energy and Green Economy Act 2009 (the 2009 Act). The 2009 Act is designed to provide a legal framework for the establishment of an attractive investment climate for green power developers, generate certainty …
Continue reading “New opportunities under Ontario’s Green Energy Act 2009”
Given the relatively frequent occurrence of disputes over contracts for the supply of software and IT services, dispute resolution provisions are an important feature. In the recent case of Ericsson AB v Eads Defence and Security Systems Ltd [2009], the High Court had an opportunity to consider such provisions and their relationship with rights of …
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The Dubai International Financial Centre (DIFC), a 110-acre free zone that was established by the government of the Emirate of Dubai in December 2004 to promote Dubai as a fully-serviced ‘onshore’ capital market, constitutes an autonomous jurisdiction within the UAE. It has an independent judicial system, with its own courts and an independent judicial authority, …
Continue reading “Litigating in the DIFC: some initial guidance for the unaware”
Previous articles have discussed the effective exercise of break clauses, thereby bringing the existing lease liability to an end (p63, IHL170) and former tenants being held to account for their historic lease liabilities (p56, IHL174). This article deals with how to minimise the cost of lease liabilities for premises that are currently in use, especially …
Private undertakings that engage in commercial transactions with public authorities located in the EU should be more aware of the risk of unlawful state aid. This is especially true for construction or development companies, as well as real estate funds, when participating in projects with public authorities involving the sale and/or finance of buildings or …
Reynolds v Times Newspapers Ltd & ors [2001] established a new defence for libel claims in which the story is in the public interest and the publisher acted ‘responsibly’. The Reynolds defence is designed to protect serious investigative journalists acting in good faith and reporting on matters of public interest. Even where allegations are false …
Heralded as the biggest overhaul of fire safety legislation in 40 years, the Regulatory Reform (Fire Safety) Order (FSO) 2005 was introduced in April 2006 with the intention of streamlining existing legislation, reducing the burden on business and improving safety by allowing fire authorities (the bodies responsible for fire brigades in each area) to concentrate …
1 December 2009 was a long-awaited day for property solicitors in Ireland. It was the commencement date for the Land and Conveyancing Law Reform Act (LCLRA) 2009, apart from one section for which no commencement date has been fixed.
The advantages of using arbitration to resolve intellectual property (IP) disputes are many. The fact that it is becoming increasingly popular may be illustrative of this. However, as all those who have been involved in arbitration are aware, it is not all plain sailing. This article looks at some of the practical realities of arbitrating …
Continue reading “Arbitration of IP disputes: eyes wide shut”
The terms of any insurance contract can be categorised as conditions, conditions precedent, warranties, or terms delimiting the risk. The status of conditions and warranties in mainstream contract law is reversed in insurance law. Breach:
With the ever-increasing trend towards globalisation, it is often observed that there are few businesses of reasonable size that do not trade across borders. At this difficult economic time, many are likely to have overseas suppliers, contractors, counter-parties and customers undergoing financial difficulties. For these businesses, cross-border insolvency issues are cropping up frequently. At the …
Continue reading “Samsun Logix and developing cross-border insolvency issues”