September 2010

Dilapidations procedure: the latest position | Bond Dickinson LLP

Over the past 12 months there has been much debate in the dilapidations world surrounding procedural aspects of making or defending dilapidations claims. While, to some followers of this debate, it might be unfortunate that discussions have centred around procedural rather than substantive issues, a knowledge of appropriate procedures for dilapidations is important nonetheless. Not …

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Recent developments in ADR: welcome changes for commercial dispute resolution | Byrne Wallace

Ireland was initially slow to realise the potential of alternative dispute resolution (ADR) to deliver meaningful and cost-effective outcomes for commercial enterprises involved in disputes. Things changed dramatically with the inception of the Commercial List of the High Court (known colloquially as the Commercial Court) in 2004, which built into its procedural rules a facility …

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Will the UK courts ever be good Europeans? | Rouse

The 1973 European Patent Convention (EPC) harmonised patent law throughout the contracting states and was a very significant achievement. The contracting states include all the member states of the EU and some other European countries.

Which approach to take? | Holman Fenwick Willan

When insolvency law and arbitration meet, the question arises as to how the commencement of the insolvency proceeding affects the ability to arbitrate, the arbitration agreement, the arbitration proceeding and the setting aside proceeding, as well as the recognition and enforcement of the arbitral award.

Licensee beware: software licences might not be as ‘perpetual’ as you first thought | SJ Berwin LLP

In recent months we have assisted on several high-value software licensing transactions, all of which involved long debates about the ‘perpetual’ nature of the licences granted. This prompted us to revisit the important lessons to be learned from the judgment recently handed down in BMS Computer Solutions Ltd v AB Agri Ltd [2010], which all …

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Copyright in outsourced software developed in India | Amarchand Mangaldas

The Indian IT industry is one of the success stories of the Indian economy, and a large number of American and European corporations have been relying on Indian IT expertise to fulfill their IT needs, both in terms of software development as well as IT-enabled services. According to a report issued by the National Association …

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New guidance impacts on health-related inadmissibility | Magrath Sheldrick LLP

The US Immigration and Nationality Act (the Immigration Act) – the key federal law governing immigration and citizenship – is one of the more complex and frequently amended US statutes. Together with Title 8 of the Code of Federal Regulations, it contains the rules and regulations for entry to and exclusion from the US by …

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Confiscation: practicalities and pitfalls | DLA Piper

Our previous article ‘Confiscation: the ultimate penalty?’ showed that the law on confiscation, as set out in the Proceeds of Crime Act (POCA) 2002 can have severe financial consequences for both corporates and individuals. The case law and practice that have evolved since the introduction of POCA 2002 is complex and constantly evolving to deal …

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On-site renewable energy generation: ten considerations | Burges Salmon

The majority of electricity used by businesses in the UK is currently generated by large coal, gas and nuclear power stations, and is often supplied over long distances, via the transmission and distribution networks.

Case of the vanishing millions | Wolf Theiss

ALTHOUGH you might expect to read the following story in a detective novel, it is in fact an abridged version of events that took place in Amsterdam in the spring of last year.

Standard listing: the jury’s still out? | Charles Russell Speechlys

While there has not been the rush that some commentators anticipated of UK companies to standard listings on the London Stock Exchange (LSE)’s main market (there has been barely a trickle), there continues to be interest and speculation about whether this market will take off. This article considers whether there is a role in UK …

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Rectification possible despite entire agreement clause | Cooley

Freedom of contract is a cornerstone of English contract law. It prevents parties that have struck bad or downright foolish bargains from obtaining judicial assistance when seeking to extricate themselves from their contracts. While courts are understandably loathe to intervene in poorly negotiated contracts, they do have the power to assist in cases of genuine …

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