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 …
In early June the House of Commons Home Affairs Committee published a report called ‘The Work of the UK Border Agency (November 2010 – March 2011)’, which accuses the UK Border Agency (UKBA) of effectively creating an amnesty for hundreds of thousands of asylum seekers whose cases have been delayed for many years.
On 1 May 2011, long-debated amendments to law no 53/2003 (the labour code) finally entered into force in Romania. At the same time, a significant number of laws and secondary legislation were repealed and replaced by the new law no 62/2011 when social dialogue was effected mid-May 2011 (the social dialogue law).
Streaming video recently overtook peer-to-peer networks to become the largest single category of internet traffic, according to Cisco’s Visual Networking Index.1 This is a key reason why global internet traffic has increased eightfold over the past five years.2 With expected further dramatic increases in data traffic (Cisco estimates that internet traffic will increase fourfold over …
This article sets out a summary of some of the key, recent court cases relating to institutional financial services, looks at some of the themes emerging and gives a view on the outlook for disputes in the sector.
On 31 December 2007, Law No 27 of 2007 (concerning ownership of jointly owned property in the emirate of Dubai) was published in the official gazette, which came into force on 1 April 2008. Jointly owned property (JOP) is the term used to describe a building or land that has been divided into units and …
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 …
