December/January 2013/14

Scottish planning obligations: modification and discharge – the story so far
 | Brodies

Planning obligations1 (formerly agreements), which restrict or regulate the use or development of land, perform a crucial function within the planning system. In Scotland in particular, where the community infrastructure levy has not been adopted, the planning obligation continues to be the primary mechanism for the delivery of much needed local and regional infrastructure through …

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Parking rights: here to stay? Consent might be the surprising answer | Falcon Chambers

In the field of the acquisition of easements by prescription, little has caused more consternation over the last decade or so than the question of whether a right to park cars can be acquired by twenty years user as of right. The types of property capable of being adversely affected range from individual residential units …

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Continued uncertainty for international manufacturers in the US | Shook, Hardy & Bacon

For manufacturers that export, a key strategic issue for in-house counsel is assessing the risk of being sued in another jurisdiction – particularly the US. In 2011 Sarah Croft, of Shook, Hardy & Bacon International LLP, reported on two decisions of the US Supreme Court which reaffirmed that non-US manufacturers cannot be sued in a …

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Silence is not always golden | Macfarlanes

In PGF II SA v OMFS Company 1 Ltd [2013], the Court of Appeal considered, for the first time, whether a failure by a party to respond to an invitation to mediate should be treated as an unreasonable refusal to mediate – previous cases having focused on situations where there had been an express refusal …

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New revised guidelines for administrators in pre-pack sales | Druces LLP

Pre-pack sales by administrators are now used frequently enough for most people in business to be aware of them and many have come across them in their business lives. A small amount of controversy still attaches to pre-packs, but it is probably right to say that they are now an accepted part of the UK …

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New Immigration Bill, October 2013: cause for concern or appeasing public sentiment? | Magrath Sheldrick LLP

The year 2013 has seen a string of reforms to the immigration system by the current coalition government. On 10 October, the government published a Bill aimed at continuing its drive to reduce net migration figures. Immigration minister Mark Harper MP stated, ‘The government is determined to build a fairer system and address public concern …

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The role of arbitrators in EU antitrust law | Arnold & Porter (UK) LLP

In May 2014, it will be ten years since Regulation No 1/2003 entered into force. When the legislator of the European Union adopted this Regulation on 16 December 2002, its main objective was to decentralise the enforcement of the two main provisions of EU antitrust law, Articles 81 and 82 of the Treaty establishing the …

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Restoring environmental damage: putting a price on ecosystem services | Burges Salmon

On 7 August 2009 a 40-inch pipeline ruptured, spilling 5,400 cubic metres of crude oil into the soil and groundwater of La Crau nature reserve in southern France, a habitat protected under French and European law. The operator had to excavate and replace 60,000 tons of soil, install 70 wells to pump and treat groundwater …

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Playing fair with penalty clauses | Edwards Wildman Palmer UK LLP

It is often difficult to predict what will be recoverable as damages for breach of contract. To provide some certainty, parties will often seek to agree the sum that will be payable in the event of specified breaches. It is well established that such an approach does not present a problem if the sum agreed …

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E-procurement for professional services, procure-manage-pay and the power of metrics | LSG

Technology is playing an increasingly prominent role in the world of vendor/supplier sourcing and procurement management. Recent advances in the world of electronic procurement and supplier management technology span many different industries. Leveraging buying power is a driving force in the use of procurement technologies. Small to medium-sized organisations may also take advantage of an …

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Behind the corporate veil: is that all there is? | Macfarlanes

That companies have an existence entirely separate to that of their shareholders and directors is a foundational principle of English law and commerce. But, however much historians and economists (and economic historians) may enjoy surveying the grand historical sweep of the development of trade and increasing prosperity, and the role of the company in that …

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