A hypothetical transaction lies at the heart of most valuation exercises, whether a capital valuation or a rental valuation. The parties must address a negotiation on assumed facts, based on ground rules set out in the lease or other contract and in case law. An issue that presents itself is whether documents and information held …
One of the animals encountered by Dr Dolittle on his travels was the ‘pushmi-pullyu’, a cross between a unicorn and a gazelle. It had two heads, at opposite ends of its body and when it moved it tried to go in two different directions at once. Several recent decisions suggest that there is an element …
It is often in the interests of businesses to resolve disputes at an early stage in a commercial way, without involving lawyers. This can help to reduce legal costs, avoid disruption to the businesses involved and help to preserve commercial relationships. However, parties involved in the early stages of a dispute should be aware that …
The UK government has long been pilloried for its poor efforts in tackling bribery and corruption. Its response to this is the enactment of the Bribery Act 2010 (the 2010 Act), in force from 1 July 2011. Pushing legislation through Parliament is all well and good, but the acid test of the 2010 Act, as …
Since its introduction in 1995, the Spanish holding companies’ regime, Entidades de Tenencia de Valores Extranjeros (ETVEs), has proven to be an attractive and competitive international tax planning scheme for multinational groups from the EU, US and, more recently, Asia (China and India), particularly with respect to investing in Latin America.
An agreement will not be considered a legally binding contract unless the agreement is ‘complete’. However, an agreement will not always be deemed ‘incomplete’ simply because it is missing certain terms. In the recent decision of Karim Frederick Dhahani v Serge Crasnianski[2011], the High Court was asked to consider whether the parties had entered into …
This article discusses a trade mark infringement case to illustrate several practical issues that are likely to be of interest to anyone involved in, or contemplating, trade mark action in Saudi Arabia. Although the case raises interesting issues of substantive law, these are better left for discussion when the final outcome of the case is …
The number and severity of natural disasters so far in 2011 is unprecedented: Australia, New Zealand, Japan, South and North America have all been hugely affected. This article looks at how the Australian insurance market has responded to losses as a result of the Queensland flooding and also look at how the London market is …
Perhaps the most surprising thing about waking up on a Sunday morning in May to be faced with a Sunday paper featuring a close-up photograph of a well-known footballer’s face was that its publication seemed to take everyone by surprise.
In the near future some significant changes will be made to Dutch corporate law, with the chief aim of achieving greater simplicity and reducing the burden for businesses. This article will discuss several expected changes that will specifically affect private companies with limited liability (BVs) and public companies with limited liability (NVs). Some of these …
In April the High Court handed down a landmark judgment on the interaction between the environmental permitting regime and private nuisance. In Barr & ors v Biffa Waste Services Ltd (No 3) [2011] (also known as the Westmill Landfill Group Litigation), the court held that compliance with an environmental permit may be a defence to …
The European Convention on Human Rights (ECHR), drafted in the immediate wake of the Second World War as a bulwark against the resurgence of fascism and the spread of Stalinism, guarantees certain fundamental human rights. The European Court of Human Rights (ECtHR) which adjudicates on ECHR, offered first signatory states, then, in the mid-1970s, individual …
