Investment activities between the UK and Germany are substantial. However, until recently, taxpayers resident in these two countries have been encumbered by a rather outdated regime dealing with the avoidance of double taxation. On 30 March 2010, Germany and the UK signed a new version of the Convention for the Avoidance of Double Taxation and …
In the recent case of Destiny 1 Ltd v Lloyds TSB Bank plc [2011] the Court of Appeal was asked to consider whether Judge Richard Seymour QC was correct to reject a claim that a legally binding contract had been created where that agreement was one of many in a ‘contractual package’ and the negotiations …
There is some confusion among practitioners and even regulators with regards to a pledge over ‘commercial premises’ or ‘businesses’. It is important to clarify how a pledge over commercial premises can be legally applied under UAE law from a definition perspective and under basic civil law concepts.
In the current economic climate, perhaps more than ever before, cash is king. Companies supplying goods and services, their debt collection agents and solicitors on their behalf, are all intent on recovering overdue receivables as quickly and effectively as possible. With insolvency staring many debtors in the face, the creditor who is not fast is …
Continue reading “Expedited enforcement in Scotland (and beyond?)”
Licensing decisions by local authorities and regulatory bodies can have a very significant commercial impact for those entities and individuals that they affect. It is not surprising therefore that, depending upon the sector and context, appeals are common. This in turn gives rise to possible financial, and potentially reputational, risk for the decision-making bodies themselves. …
Any manufacturers exporting products directly into the US accept the litigious culture as a commercial fact of life. In fact, some manufacturers make a conscious decision not to sell into the US for that very reason. But manufacturers outside the US are still at risk of litigation if the products they make end up there, …
Continue reading “When can international manufacturers be sued in the US?”
A critical review of corporate structure may result in the conclusion that more can be done with fewer corporate entities. Often our firm is approached by clients that would like to implement a legal entity rationalisation programme aimed at achieving cost efficiency. In the following article, typical issues to be dealt with when liquidating and …
Continue reading “Liquidating Dutch BV companies – an overview”
On Saturday 4 June 2011 the Court of Appeal granted a prohibitory injunction preventing Kieren Fallon, one of the best known flat-racing jockeys in the country, from racing in the most prestigious event of the flat-racing calendar, the Epsom Derby. This article discusses the Court of Appeal’s decision. It then goes on to consider the …
Continue reading “Araci v Fallon – are all bets off for American Cyanamid?”
With nearly one-third of the Vietnamese population online, the role of the internet in both domestic and international commerce has grown substantially in recent years. According to The Economist, one-quarter of Vietnamese enterprises has used the internet to receive and place orders, with 12% using internet marketplaces to trade goods.1 While trade names serve to …
Continue reading “Resolution of domain name disputes in Vietnam”
It’s been a long time coming, but in April this year the Indian government brought its data privacy rules into line with European requirements. The recent changes raise a couple of questions for UK businesses: How do they affect transfers of personal data to group companies or suppliers based in India? Will they impact the …
Continue reading “Indian data privacy rules: impact of recent changes”
Data is increasingly central to many, if not most, sectors: businesses are focusing as never before on protecting and exploiting their own data, and getting access to others’ data that they need on the best terms. This increases pressure in the market place between the data customer/ buyer and the data vendor, and these pressures …
In SMS Tea Estates Pvt Ltd v M/s Chandmari Tea Co Pvt Ltd [2011], the Supreme Court addressed the following questions posed for its consideration: Whether an arbitration agreement contained in an unregistered (but compulsorily registrable under the Indian Registration Act 1908) instrument was valid and enforceable? Whether an arbitration agreement in an unregistered instrument …