June 2011

Entire agreement clause is no defence against liability for misrepresentation | The In-House Lawyer

The frequency with which entire agreement clauses have come before the courts for consideration demonstrates why it is so important that such clauses are carefully drafted to effectively protect the party seeking to rely on it, particularly with regard to excluding liability for misrepresentations. The recent AXA Sun Life Services plc v Campbell Martin Ltd …

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Fast-track public procurement remedies for Scottish business? | Brodies

Can it be a surprise that the number of public procurement challenges has recently increased, and continues to increase dramatically, resulting in new savage remedies legislation? Especially given the pressures on business of the global financial crisis and when the drivers for a litigation culture are as diverse as the rising costs of bidding and …

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New energy legislation in Bosnia and Herzegovina | Wolf Theiss

The energy sector is one of the most important sectors in Bosnia and Herzegovina (BiH), boasting a long-standing, continuous development history and enormous potential and opportunities for further investment. This sector is currently subject to extensive reforms and a restructuring process, with the intention to turn it into an integral part of the European energy …

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Trade mark surveys: what in-house lawyers need to know | Rouse

In trade mark infringement actions under s10(2) of the Trade Marks Act 1994, and in passing off actions, one of the key issues for the judge is whether or not the brand name, logo or get-up of the defendant’s product or service is likely to lead consumers to believe that the defendant’s product or service …

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Insurance regulation in the Middle East | Holman Fenwick Willan

As a result of demographic changes and a new surge in wealth, the Middle East has shown an increasing interest in mitigating risk through insurance. Despite concerns as to whether insurance accords with Islamic Sharia principles (which has been somewhat addressed by the set up of Takaful operators). Insurance is now being considered a social …

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Allocating risk in IT contracts | Kemp Little

The past fifteen years have seen several cases in the IT sector in which the UK courts have had to consider the enforceability of contract limitations and exclusions under the Unfair Contract Terms Act (UCTA) 1977. The courts’ approach in these cases (starting with the landmark decision in St Albans City and District Council v …

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Developments in health and safety law for the energy sector | Burges Salmon

The effect of health and safety legislation is increasingly being felt by the energy sector, and particularly the alternative energy sector as it has expanded into larger projects over the past few years. The health and safety arena is entering a period of change following Lord Young’s Report (the Report) and the Comprehensive Spending Review …

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New Italian tax regime for the CIVs industry | Watson Farley & Williams

Law Decree No 225 of 29 December 2010 (the Decree), converted to Law No 10 of 26 February 2011, has drastically changed the Italian tax regime of domestic and Luxembourgish collective investment vehicles (CIVs), other than real estate investment funds. Before the amendments the CIVs were taxable at a rate of 12.5% on the accrued …

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Side Agreements in the UAE: Reconciling with the Companies Law | The In-House Lawyer

In the UAE it is common knowledge that many limited liability companies (LLCs) are in fact owned and managed by foreign shareholders, though the legal ownership may reflect differently. It is common for the shareholders to execute ‘side agreements’, as they are commonly known, between them to mirror their real understanding of the ownership and …

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Insolvency issues in the construction industry | Druces LLP

The risk of insolvency remains a matter of increasing concern to those working in and operating within the construction industry. This article looks at the increasingly disputed area of the ownership of retention sums within the sector, considers the effect of insolvency on construction projects, and the steps that may be taken to try to …

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Employee competition: how to avoid it | Boekel

How can employers prevent their employees from competing with them when their employment contracts end? A non-competition and/or non-solicitation clause often solves this problem, but restrictions also apply to former employees who are not bound by such clauses. Both situations are addressed in this article.

Whistleblowers, WikiLeaks and corporate confidence: how to protect your brand | Schillings

With the recession biting infto Britain’s workforce, the number of disgruntled employees and ex-employees is ever-increasing, as are the means for them to vent their frustrations against their employers in public. This article examines how you can prepare yourself and what you can do to stem the leaks. It is easier than ever to disseminate …

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