In the recent case of Jackson v Dear & anor [2012], Briggs J considered, among other things, the extent to which traditional tests for implying terms into contracts have been superseded by Lord Hoffmann’s decision in the Privy Council case of (1) Attorney General of Belize (2) ECOM Ltd (3) Belize Telecommunications Ltd v (1) …
Protecting trade marks through registration has long been accepted as good practice by businesses around the world. Registration, however, is only the beginning. Enforcement is equally important. In the context of this article, I am referring to enforcement against competing/offending trade mark applications, rather than competing/offending use. A sound enforcement strategy should include a comprehensive …
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The Indian central bank – the Reserve Bank of India (RBI) – is committed to implementing the Basel III norms in a phased manner in India, commencing from 1 January 2013, with Indian banks being required to comply fully with the new capital adequacy norms by 31 March 2018. Like elsewhere across the globe, banks …
Continue reading “The banking sector in India: capitalising on reforms?”
‘Let America be America again , Let it be the dream it used to be , Let it be the pioneer on the plain, Seeking a home where he himself is free’ [Excerpt from Let America Be America Again, a poem by Langston Hughes] LEGISLATIVE UPDATE Election years generally are not known for significant immigration legislation developments. …
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The beginning of any kind of internal investigation is a fraught time for in-house lawyers. Whether the investigation has been triggered by suspected corrupt conduct, accounting irregularities or the inklings of attention from a prosecutor, things usually need to happen fast and thinking time can be scarce.
Having reformed insurance law for consumers with a new Act in spring 2012, the Law Commissions have been grappling with changing the law as it affects business insurance. The principle drivers for reform are, firstly, that insureds say they struggle with fulfilling their obligation to disclose all material information that an insurer requires and, secondly, …
Continue reading “Insurance law reform: a better world for insureds?”
This month is expected to see the launch of the coalition’s flagship energy efficiency policy: the Green Deal. The Green Deal is a policy introduced by the Energy Act 2011 (the 2011 Act) to help fund energy efficiency improvements to existing buildings. The policy has the potential to boost the market for energy efficiency and …
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A vast number of transactions are entered into whereby a company’s standard terms will be incorporated into the terms of the agreement. This may take place regardless of whether a party is actually aware of those specific terms. In the recent case of Allen Fabrications Ltd v ASD Ltd [2012], the High Court considered the …
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In this article, Charlie Morgan, client relations executive of LSG, shares his views on how technology and supporting bill review services are enhancing the performance of corporate legal departments. He shares his experience and vision of the future in this changing space and outlines the benefits of using a single platform based on the international …
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There has been much discussion about the Scottish independence referendum, due to be held in 2014, the relative merits of ‘Devo Max’ and ‘Devo Plus’, both of which would devolve greater powers to the Scottish Government, and the implications of a lower corporation tax rate north of the border, should the Scottish Government be given …
Sanctions have been an important mechanism in the efforts – by the UN, EU and individual states – to promote international peace and security. Since the early 1990s, and following the experience of implementation of comprehensive sanctions against Iraq, increasing use has been made of so-called targeted sanctions – measures taken against named individuals or …
Continue reading “Targeted financial sanctions: what if the target is wrong?”
In addition to civil product liability claims, a company and its directors could also face criminal charges following the recall of an unsafe product. In part 2 of this two-part series considering post-recall risks, Alison Newstead, partner with Shook Hardy & Bacon International, outlines the potential offences and penalties under the General Product Safety Regulations …