July/August 2011

Don’t know much about geography: interdicts across the border

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.

Simplification and reduction of burdens for Dutch companies with share capital

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 …

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Barr v Biffa [2011]: is permit compliance a defence to private nuisance? | Burges Salmon

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 …

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Mosley v United Kingdom [2011]: super-injunctions and Article 8 | Schillings

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 …

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Effective amnesty in UK asylum system: an agency ‘not fit for purpose’ | Magrath Sheldrick LLP

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.