September 2011

Full reform of the controlled foreign companies legislation | The In-House Lawyer

On 30 June 2011, the government published the long-awaited consultation document on reform of the controlled foreign companies (CFC) legislation. The consultation follows the announcement at Budget 2011 that the government would consult on full reform this year with new legislation to be included in the Finance Bill 2012. The regime has been repeatedly criticised …

Continue reading “Full reform of the controlled foreign companies legislation”

Are parties able to rely on their own breach of contract? | Cooley

The courts are regularly asked to imply terms into contracts, and will do so where it can be found that such an implication would reflect the true intentions of the parties. In certain cases, the courts are assisted by rules of construction that create a presumption against a particular intention of the parties. One such …

Continue reading “Are parties able to rely on their own breach of contract?”

Product recalls: damned if you do, damned if you don’t? | Shook, Hardy & Bacon

Whilst few product recalls grab the headlines in the way of Toyota’s worldwide recall of millions of Prius and other vehicles, product recalls are happening all the time as can readily be seen from newspapers, store advertisements, government agency announcements and a variety of other media. Barring rare cases of malicious tampering, each recall represents …

Continue reading “Product recalls: damned if you do, damned if you don’t?”

An overview of UAE agency law | The In-House Lawyer

UAE Agency law impacts upon many different aspects of commercial life in the United Arab Emirates. The governing law, Federal Law No 18 of 1981 (the Agency Law), is extremely broad and captures commercial activities ranging from a classic principal/agent relationship to franchising and distribution agreements. The Agency Law is a framework that serves to …

Continue reading “An overview of UAE agency law”

Amendments to Dutch telecoms law restricts the use of cookies | Boekel

On June 22 2011, the Dutch parliament adopted ten out of eleven amendments to the Telecommunication Act in order to implement revised European privacy, electronic communications and telecom directives. Only the amendment on internet access as a universal service was rejected. With these measures, the Netherlands will most probably become one of the first countries …

Continue reading “Amendments to Dutch telecoms law restricts the use of cookies”

Those rebellious Scots again: the Supreme Court and the Scottish Government | Brodies

Whether it’s voting rights for prisoners or so-called ‘super-injunctions’, the Scottish media has over the past few months been full of commentary about the impact of the European Convention on Human Rights (ECHR) and the application of Strasbourg jurisprudence in the Scottish and UK courts. Why, it is argued by some, should the distinct British …

Continue reading “Those rebellious Scots again: the Supreme Court and the Scottish Government”

Corporate risk and reputation: the brand, consumer trust and the media | Schillings

Consumer engagement, particularly online, is key to creating and maintaining trust in a brand. Post-recession distrust means that brands have to carefully consider their reputation risk strategy. Developing a risk strategy to prevent a crisis is key to ensuring that the company, and those at its helm, are well prepared for any activity that could …

Continue reading “Corporate risk and reputation: the brand, consumer trust and the media”

Cost of careless talk | Macfarlanes

In Spring v Guardian Assurance [1995], the House of Lords held that an employer who provided a reference owed an employee a duty to take reasonable care in the preparation of that reference. Therefore, failure to do so could lead to a claim for negligence if the employee suffers damage as a result. HR departments …

Continue reading “Cost of careless talk”

An approach to IP benchmarking | Rouse

A recurring theme in conversations with our clients is how their approach to IP protection, management and enforcement compares with that of other rights holders. If this is a question you have ever considered, you will know that obtaining the information necessary to make the comparison is far from easy. There are a number of …

Continue reading “An approach to IP benchmarking”

Insurance regulatory roundup | Holman Fenwick Willan

In this article, we discuss three topical issues affecting the insurance industry. REGULATORY REFORM TAKES SHAPE The future shape of insurance regulation in the UK has become clearer following the publication of the latest paper from HM Treasury and a joint paper released by the Financial Services Authority (FSA) and the Bank of England.

‘Pay when paid’ or not? Lessons in commercial contract drafting | Druces LLP

Originally, the purpose of a ‘pay when paid’ clause as used in the construction industry was to absolve the contractor from liability to pay the subcontractor until it had been paid by the employer. The effect of such a clause was to allow the contractor to pass the risk of default by the employer to …

Continue reading “‘Pay when paid’ or not? Lessons in commercial contract drafting”

Cookies cut? Complying with the UK’s implementation of new EU rules on cookie use | Kemp Little

Mid-July saw the chill winds of EU infringement procedures blow across much of Europe. The European Commission took first steps in proceedings against twenty EU member states for their failure to fully implement into their national laws new telecoms rules that amend Directive 2002/58/EC (the 2002 Directive) in relation to the use of technologies that …

Continue reading “Cookies cut? Complying with the UK’s implementation of new EU rules on cookie use”