March 2013

Endeavouring to avoid dispute | Falcon Chambers

Commercial parties regularly contract to use ‘reasonable’, ‘all reasonable’, or ‘best’ endeavours to achieve an outcome. Are they wise to do so? What better language could they use?


Unsafe products: responsibilities for notification | Shook, Hardy & Bacon

Faced with a potentially unsafe product, the in-house lawyer has a critical role in ensuring that relevant notifications are made to appropriate authorities within set timeframes. Failure to comply with 
the General Product Safety Directive can make a difficult situation for the company even worse.


No change: Supreme Court holds that accountants’ tax advice is not protected by privilege | Macfarlanes

In R (on the application of Prudential plc & anor) (appellants) v Special Commissioner of Income Tax & anor (respondents)[2013], the Supreme Court has held, by a majority of 5:2, that legal advice privilege (LAP) does not apply to communications between a client and an accountant seeking and giving legal advice on tax law. As …

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The European unitary patent: what you really need to know | Rouse

There has been much hype surrounding the new European unitary patent system and what it means for business. This article aims to explain the new regime in clear terms, setting out the key things you need to know to help your client prepare for the changes. 


Freight forwarder’s contractual lien versus the administration moratorium | Druces LLP

Our article in The In-House Lawyer’s March 2010 issue (‘The effective use of liens to protect against the collapse of corporate customers’, issue 178, p41-43) dealt with the need for logistics services providers to have an effective contingency plan to cope with the prospect of their retailer customers defaulting on payments or going into administration …

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Draft guidelines amending the existing regulatory framework for non-banking financial companies in India | Amarchand Mangaldas

The non-banking financial sector in India is regulated by the Reserve Bank of India (RBI). The RBI had set up a working group under the chairmanship of Usha Thorat, to review the regulatory framework for non-banking financial companies (NBFCs). The working group submitted its report in August 2011, suggesting certain amendments to the regulatory framework …

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UK immigration: winter 2012-13 update | Magrath Sheldrick LLP

In November 2012, the government introduced yet more changes to the immigration rules, the majority of which came into force from 13 December 2012.


UK bids to become the forum of choice for antitrust | Arnold & Porter (UK) LLP

The UK Department for Business Innovation & Skills (BIS) has now published the UK government’s response to a consultation regarding private actions for damages arising from infringements of UK competition law. In this publication, Private Actions in Competition Law: a Consultation on Options for Reform: Government Response1, the government has made a number of proposals …

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Knowledge is power: the tension between commercially sensitive material and access to environmental information | Burges Salmon

It is accepted wisdom that, in the field of the environment, improved access to information and public participation in decision making enhances the quality and the implementation of decisions, contributes to public awareness of environmental issues and gives the public the opportunity to express its concerns and take part in the debate. That wisdom is …

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How reliable are warranties? | Edwards Wildman Palmer UK LLP

Due diligence risk allocation in share and business purchase agreements has kept the courts busy recently. The commercial approach to interpreting them adopted by the courts in 2012 will please transaction lawyers, but important questions remain unanswered.


Scotland’s constitutional future: a taxing question | Brodies

The referendum on Scottish independence, to be held by the end of 2014, naturally raises questions about 
how the Scottish tax system might develop if Scotland becomes an independent country. There is also an expectation 
that even in the event of a ‘no’ vote, more taxes will be devolved to Scotland, with all the unionist …

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