March 2010

RES-electricity: navigate the regulatory labyrinth | Wolf Theiss

The 14 jurisdictions of Central, eastern and south-eastern Europe (CEE and SEE), where Wolf Theiss concentrates its energies, are equally divided between seven members of the EU (Austria, Bulgaria, Czech Republic, Hungary, Romania, Slovakia and Slovenia), and seven members of the Energy Community, established by the Energy Community Treaty in October 2005 (Albania, Bosnia and …

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Changes to British citizenship following the Borders, Citizenship and Immigration Act 2009 | Magrath Sheldrick LLP

The Borders, Citizenship and Immigration Act (BCIA) 2009 received Royal Assent last year. BCIA 2009 makes changes to border functions and several miscellaneous immigration matters. However, the most significant change it introduces affects how foreign nationals may acquire British citizenship in the UK. This article seeks to highlight these changes in some detail. Introduction An …

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Jackson review: cost of litigation investigated | Bond Dickinson LLP

Nathan Peacey (left) and Davina Watson (right) discuss Jackson LJ’s findings and his suggestions for reform to control costs, changing the civil litigation landscape to promote access to justice through new management procedures IN 2008 AMID MOUNTING CONCERN among the judiciary at spiralling litigation costs, the Master of the Rolls commissioned Jackson LJ to undertake …

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Look before you leap: anti-corruption due diligence in M&A | DLA Piper

It is a well-established practice that companies carry out merger and acquisition (M&A) due diligence using a suite of questions and documentary information requests aimed at establishing legal, financial and reputational risks. However, as enforcement trends in corruption are a relatively recent phenomenon, proper and thorough anti-corruption due diligence is often overlooked.

Workplace mediation: an overlooked method of dispute resolution | Bond Dickinson LLP

Lord Justice Jackson, in his recent report on litigation costs (‘Review of Civil Litigation Costs: Final Report’), lamented the under-utilisation of alternative dispute resolution (ADR) – and especially mediation – in civil litigation. Increasingly, the cost-effectiveness of mediation as a tool for dispute resolution is being recognised by the government. The added benefit of workplace …

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Asset confiscation: the ultimate penalty? | DLA Piper

As an increasing number of criminal offences are now covered by the confiscation regime, Caroline Lee (left) and James Moss (right) look at how the legislation has been used and provide guidance for in-house lawyers who may face the consequences Many jurisdictions have legislation that permits regulators to confiscate assets obtained by those convicted as …

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Damages and contracts in the UAE | Baker & McKenzie Habib Al Mulla

In light of the recent economic developments in the gulf region and more specifically in the UAE, many disputes have stemmed out of contracts. To be in a position to claim damages under contracts (amongst other remedies offered by the UAE legal system) the claimant or the defendant should be more familiar with the contractual …

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Access all areas: how safe is your commercially sensitive environmental information? | Burges Salmon

Access to environmental information often creates conflict between the rights of citizens to understand the environment in which they live and the legitimate confidential interests of businesses that provide services to public bodies. The Environmental Information Regulations (EIR) 2004 came into force over five years ago, but there are still frequent skirmishes in the courts …

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Health and safety in Scotland: changes to regulatory landscape | Brodies

This article reviews the health and safety regulatory regime in Scotland, which has been transformed over the past year. It tracks the development of the dedicated Health and Safety Division, the move towards the pursuit of individuals for health and safety offences, and what this means for organisations and senior staff in Scotland.

Competition law developments in CEE and SEE countries | Wolf Theiss

Last year saw an increase in legislative activities concerning competition law in several central and eastern European (CEE) and south-east European (SEE) countries. The non-EU member countries in the region continue to harmonise their competition law regimes with international standards applicable in most jurisdictions in the EU. This should facilitate the competition law assessment for …

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New government consultation papers on the planning system | CMS Cameron McKenna

On 21 December 2009 the Department of Communities and Local Government (DCLG) published two new consultations as part of the government’s response to the Killian Pretty Review.

Tax and social policy | Jones Day

The world of tax is quite interesting at the moment – to me, at least – because it brings into sharp focus the way that tax is used as an instrument of policy and what role it is playing in the field of social policy. It is hardly news that the state of public finances …

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