February 2013

Recovery of tax by lifting the corporate veil | Amarchand Mangaldas

The concept of an incorporated company having a separate existence and the law recognising it as a legal person separate and distinct from its members/shareholders was first recognised in the case of Saloman v Saloman & Co Ltd [1897]. Consequently, the legal framework pertaining to a company’s operations and obligations acknowledges separate legal existence as a key …

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Further changes from the UK Border Agency | Magrath Sheldrick LLP

The Immigration Rules are constantly changing and, with a number of amendments made throughout the year, even the UK Border Agency (UKBA) is struggling to keep up. It is important to remember how many people these changes affect – according to the 2011 census almost 8.5m people who live here were not born in England …

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Consent and connivance: the criminal liability of directors and senior officers | WilmerHale

In our November article, ‘Establishing the criminal liability of corporations’, we looked at how liability for criminal offences can attach to corporations, where the commission of the offence is attributable to someone who was at the material time the ‘directing mind and will’ of the company.1 This article looks at the related issue of how criminal …

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European competition law selected highlights: the last six months of 2012 | Arnold & Porter (UK) LLP

The last six months of 2012 saw a number of interesting European competition law developments. In this article we summarise those which appear to us to stand out as raising issues of substance or procedure that will affect the application of competition law in the future. In summarising these key developments, we distinguish between developments …

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An analysis of electricity market reform: the future for low-carbon energy | Burges Salmon

The revised Energy Bill was published on 29 November 2012 after extensive consultation following publication of the government’s electricity market reform (EMR) proposals in December 2010. The Bill will push through fundamental reforms to the UK electricity market that will affect the entire sector in one shape or form.


Illegality in contracts | Edwards Wildman Palmer UK LLP

As a general rule, the English courts will not enforce an illegal contract or provide for any other remedies that arise out of it. However, in determining the consequences of illegal acts carried out pursuant to a contract, the courts will distinguish between those contracts that are said to be illegal at their formation, 
and …

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Recent developments in Chinese trade mark law | Rouse

On 31 October 2012, Premier Wen Jiabao presided over an executive meeting of the state council, at which draft amendments to the Trade Mark Law of the People’s Republic of China were deliberated and adopted.

Kilted contractual remedies: compelling performance | Brodies

It is generally understood that one 
of the key differences between Scottish and English remedies for breach of contract is the Scottish courts’ focus on implement (or performance) rather than damages as the primary remedy for breach. It is true that, in most cases, we do tend to end up arguing about damages, but this …

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The OECD’s new global online consumer product recall portal presents both benefits and risks for businesses selling products abroad | Shook, Hardy & Bacon

The Organisation for Economic 
Co-operation and Development (OECD) has launched a global online consumer product recall portal that gives consumers, businesses and governments easy access to the latest information on products recalled from the markets in Australia, Canada, Europe and the United States. 
The portal may be accessed at: 
www.globalrecalls.oecd.org.


Absence of assets: no bar to worldwide freezing order jurisdiction | Macfarlanes

In Royal Bank of Scotland plc v FAL Oil Company Ltd & ors [2012], Mrs Justice Gloster held that the English court had jurisdiction to grant a worldwide freezing injunction and worldwide disclosure orders despite the defendants not having any assets in the jurisdiction and the substantive claims being pursued in 
the UAE.