Paying for environmental incidents | Burges Salmon

Legal Briefing

The Sentencing Council (the Council), an independent body that develops sentencing guidelines for the English courts, has just closed a consultation on proposals for new guidelines (the Guidelines) for the sentencing of environmental offences. There is no doubt that the Guidelines set out in the consultation, even if only partially implemented, will materially increase the …

A healthy attitude 
to good faith | Edwards Wildman Palmer UK LLP

Legal Briefing

In the July 2012 edition of The In-House Lawyer, our colleagues discussed the importance of the first instance decision inCompass Group UK and Ireland Ltd (t/a Medirest) v Mid Essex Hospital Services NHS Trust [2012]. On 15 March, the Court of Appeal reversed Cranston J’s judgment. 


Repudiation, anticipatory breach and conditions in a contract for services | Brodies

Legal Briefing

Kuwait Rocks Company v AMN Bulkcarriers Inc [2013]: in considering that a time charterparty is essentially a contract for the provision of services, the Commercial Court has held that a particular clause, that of the payment of hire, is a condition. The case concerns the interpretation of the hire clause in the NYPE 1946 charter …

The US Supreme Court reins in the Alien Tort Statute and brings relief to global product manufacturers | Shook, Hardy & Bacon

Legal Briefing

The extra-territorial reach of US courts has long been a source of controversy and consternation for product manufacturers with global operations, due to such features of US law as discovery applications abroad in aid of US litigation,1 
or the threat of the Foreign Corrupt Practices Act.2 Another weapon in the arsenal of US plaintiff lawyers …

There’s a new sheriff in town: the Jackson reforms and the new culture of ‘robust’ case management
 | Macfarlanes

Legal Briefing

In his final report into the costs of civil litigation in England and Wales, Jackson LJ expressed the view that: ‘… courts at all levels have become too tolerant of delays and non-compliance with orders. In so doing they have lost sight of the damage which the culture of delay and non-compliance is inflicting on …

The EC Commission’s proposal for changes to the EC regulation on insolvency proceedings | Druces LLP

Legal Briefing

The EC regulation on insolvency proceedings1 (the Regulation) was introduced as a directive taking effect in the laws of member states of the European Union, without the need for member states to pass any local law of implementation. It has been part of EU law and the law of the United Kingdom since 31 May …

Maintainability of writ petitions against interdepartmental communications of the government that do not finally determine any right or obligation of the parties | Amarchand Mangaldas

Legal Briefing

In the recent case of State of Orissav M/s Mesco Steels Ltd (decided on 6 March 2013), the Supreme Court examined the question of whether a writ petition (initiated under Article 226 of the Constitution of India) filed by the respondent company against the state government of Orissa was premature, inasmuch as the same was …

Passive investments and the EU Merger Regulation | Arnold & Porter (UK) LLP

Legal Briefing

Passive investments and 
cross-directorships among competing companies are common across numerous industries such as banking, airlines, energy and automotives. There are various motivations for these types of arrangements, such as a desire to invest in a familiar industry, or to spread risk, share know-how and form strategic alliances.