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”
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.
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 …
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 …
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”
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”