Property litigation: breaking up is hard to do | Bond Dickinson LLP

Legal Briefing

In the current market, tenants increasingly seek to exercise break clauses of over-rented and unwanted properties, but in so doing have encountered resistance from landlords. Three recent High Court and Court of Appeal decisions underline the difficulties a tenant faces in attempting to effect a break clause in a commercial lease. This article will examine …

Third party rights: new law quickens procedures | Bond Dickinson LLP

Legal Briefing

The third party rights against insurers legislation allows a claimant to make a claim against a defendant’s insurers without having to issue court proceedings (and the term ‘defendant’ is used here to describe the party pursued by a claimant, whether or not proceedings have been issued). Furthermore, the rules apply as much where a defendant …

E-commerce regulation: a tangled web | Byrne Wallace

Legal Briefing

The internet promised a revolution in retailing. ‘One-click’ shopping was heralded as the ultimate in ease and comfort for savvy shoppers. While this remains largely true, increasingly the online retailing experience is characterised by a myriad of terms and conditions (T&Cs), privacy policies, order confirmation e-mails and delivery status notifications that need to be either …

Proposed amendments to arbitration law in India: implications and effect | Amarchand Mangaldas

Legal Briefing

Indian Legislature has ostensibly put into place a cohesive structure for alternative dispute resolution (ADR) mechanisms, primarily through the Indian Arbitration and Conciliation Act 1996 (the 1996 Act). The 1996 Act is wide in its scope and within its ambit covers arbitrations, as well as conciliations. India, however, is still not a preferred destination for …

Sentencing guidelines for corporate manslaughter | DLA Piper

Legal Briefing

In February 2010 the Sentencing Guidelines Council (the SGC) issued definitive guidelines to courts on imposing appropriate sentences for corporate manslaughter and health and safety offences causing death. The SGC states that fines imposed on companies found guilty of corporate manslaughter should not fall below £500,000, while fines in respect of health and safety offences …

Waste batteries and accumulators, environmental regulation and supply chains: the big picture | Burges Salmon

Legal Briefing

The Waste Batteries and Accumulators Regulations 2009 (the 2009 Regulations) are the latest piece of legislation to come into force in the UK deriving from the European producer responsibility legislation. The staged implementation of the 2009 Regulations is now complete and the final obligations came into force on 1 February 2010. The Regulations are based …