In the recent case of Crest Nicholson (Londinium) Ltd v Akaria Investments Ltd [2010], the Court of Appeal was once again tasked with confirming the proper test for offer and acceptance. This article will provide an overview of the rules of offer and acceptance, in addition to a brief review of Crest Nicholson, and key …
Continue reading “Court of Appeal re-affirms the test for offer and acceptance”
Commercial markets in the UAE are still feeling the shock of the global economic recession, forcing many companies to undergo restructuring to ensure better efficiency and productivity. Yet, many of them are not aware of the legal intricacies and practical complexities surrounding a corporate restructuring.
Since the Conveyancing and Feudal Reform (Scotland) Act 1970 (the 1970 Act) came into force, the only lawful means of creating a fixed security over land and buildings situated in Scotland is by way of a standard security. In addition to creating this form of security, the 1970 Act provides for the imposition of various …
In this digital age of social media and 24/7 rolling news, the need for a company to manage and maintain a positive image has never been more important. Today’s increasingly competitive commercial landscape can make correctly managing a reputation vital to commercial success. However, getting it right can be a tough challenge. Managing the reputation …
Continue reading “A brand marriage made in heaven? Reputational risks in corporate partnerships”
The legal concept of privilege underpins much of the daily interaction between lawyers and clients because it allows a client uninhibited access to a lawyer’s professional advice, free from concern that confidential communications will be disclosed in any subsequent litigation. This article focuses on three recent cases that have provided clarification on the scope of …
Continue reading “Privilege: recent case law provides guidance on scope”
Every organisation has its share of naysayers. Far from detracting from the business, these individuals can play an integral part in keeping a company on course, realistic and focused on squeezing value from resources. The field of intellectual property (IP) is no stranger to naysayers – IP counsel are often quick to naysay the feasibility …
Continue reading “Assessing the effectiveness of IP strategy”
Business interruption insurance is often a key component of a company’s business continuity plan. The insurance is designed to compensate an insured for the financial effect of the interruption or interference to that business as a result of physical damage to an insured property or other key external events, such as damage at a supplier’s …
Continue reading “Business interruption insurance: importance of understanding cover”
A recent Supreme Court judgment in Holland v Revenue and Customs (HMRC) [2010] has considered the status of de facto directors and, on a 3-2 split decision, limited the applicability of the concept. The decision is controversial because it will provide a defence in certain circumstances for persons controlling companies who are not officially directors …
Continue reading “De facto directors: Holland v Revenue and Customs & anor [2010]”
The Special Economic Zones Act (SEZA) 2005 was enacted with the underlying objective to boost economic activity, promote exports and investment from domestic and foreign sources, create employment opportunities and develop infrastructural activities. Keeping such objectives in mind, various fiscal incentives were provided to the special economic zones (SEZs) under the Income Tax Act (ITA) …
Continue reading “Impact of direct tax code on special economic zones”
December 2010 was an incredibly eventful month for UK immigration practitioners, with further information published concerning the mechanisms of the permanent annual immigration limits (due to be implemented in April 2011), a judicial decision rendering the interim limits introduced by the coalition government as unlawful and the almost immediate removal of one of the UK …
Continue reading “2011: a year of change for the UK immigration landscape”
In a speech on 13 December, Financial Services Authority (FSA) chief executive Hector Sants outlined what firms can expect of the supervisory approach under the new regulatory structure following the abolition of the FSA in 2012. Sants attributed the financial crisis ‘first and foremost to massive misjudgements’ made by key financial institutions, before going on …
At the start of 2011, with environmental and energy issues high on the political agenda, this article highlights some of the key developments that can be expected by businesses and in-house lawyers in these fields this year.