On 28 September 2011, the European Commission published a draft directive proposing the introduction of a financial transaction tax (FTT) across all of the member states of the European Union. In essence, the FTT would operate to tax all transactions in ‘financial instruments’ to which a ‘financial institution’ is party, provided at least one party …
The government’s introduction of the Feed-In Tariff (FIT) for small-scale renewables in April 2010 has led to frenzied activity in the relatively new sector of solar photovoltaic (PV) energy. Since April 2010, many start-up companies have emerged, and there has been a rush to install solar panels to take advantage of tariffs available. However, it …
Infrastructure development is, and will continue to be, a leading sector of the economy in Bulgaria and Eastern Europe over the next few years. As sponsors and banks conduct much greater due diligence, this article considers which remedies in the security package are effective in practice. This is of course a ‘hot’ issue in the …
Continue reading “Security over infrastructure and utilities in Bulgaria”
Under UAE law, the commercial pledge is a possessory pledge, which means that the possession of a pledged asset (but not its ownership) is transferred to a pledgee or to an agreed third party as security for the loan.
In the run-up to the 2011 Budget, and subsequently, there have been numerous references in the media to the bank levy (the Levy). But what is it, how has it arisen and is it really relevant to in-house counsel, other than those individuals who work within banks?
Business being what it is today, it always carries the risk of contracts not being fulfilled. As a result, directors and key staff are often drawn into managing and remedying issues arising out of contractual breaches or delictual situations. Given that this can result in key personnel being distracted from their strategic and, ultimately, business …
It is not often that a share sale of a business will be reversed so as to put the parties back to their pre-contractual position. However, when it can be shown that the buyer has been induced by a fraudulent misrepresentation on behalf of the seller, in some narrow circumstances, a court will uphold a …
Companies with international markets can find themselves defending product liability claims in any of the countries in which their products are sold. As sales expand into emerging markets, major brands are finding that they are increasingly vulnerable to liability exposure in obscure jurisdictions, particularly where there may be lax regulation or supply chain issues.
The market for multi-purpose investment vehicles in the Netherlands is well established and developed. This article sets out the key regulatory and civil law drivers in structuring multi-purpose investment vehicles.
The asset value of a strong brand is now widely recognised, not just by brand owners but by investors. Over the past decade, the top 100 brands, as evaluated by the world’s largest brand consultancy Interbrand, have, year on year, shown a marked lead in financial performance over both the MSCI world index and S&P …
Continue reading “Protecting brand identity in the digital media age”
The recent decision of the Court of Appeal (on 28 July 2011) in the case of Philip Towers v Premier Waste Management Ltd[2011] sends out a strong message to company directors that the courts will strictly enforce their fiduciary duties. In this case, the defendant director was required to account for undisclosed personal benefits, which …
Continue reading “Breach of fiduciary duties: director digs hole for himself”
In New Cap Reinsurance Corporation Ltd (in liquidiation) & anor v A E Grant & ors as members of Lloyd’s Syndicate 991 for the 1997 Year of Account & anor [2011], on 9 August 2011, the Court of Appeal opened up further routes for the enforcement of judgments made in foreign insolvency proceedings in England …