Legal and Regulatory News

Updates on the latest legal and regulatory developments

Gambling

Permission granted to bring judicial review against the UK Government and the Gambling Commission

We reported in August that the Gibraltar Betting and Gaming Association had issued a claim for judicial review against the UK Government and the Gambling Commission. The subject of the claim is the new licensing regime, set out in the Gambling (Licensing and Advertising) Act 2014 and associated Gambling Commission guidance and policies which is due to come into force on 1 October 2014. Under the new regime, remote gambling operators situated anywhere in the world will be expected to be licensed and regulated by the Gambling Commission if they have any British customers.

16 September 2014

Copyrights

New EU Commission, new home for copyright

On 10 September President-Elect Juncker of the EU Commission announced the portfolios which will be held by members of the incoming EU Commission, whose term of office commences on (subject to the team being ratified by the European Parliament).

16 September 2014

Commercial Litigation

UKSC Blog interviews Lord Neuberger

This summer, some of the editors of the UKSC Blog (www.ukscblog.com), a blog jointly run by Olswang and Matrix Chambers, were invited to the UKSC to meet and interview Lord Neuberger, President of the UK Supreme Court.

Upon arrival we were taken to his office and offered cups of coffee and croissants. Notwithstanding the fact that the UKSC's President had a busy day in court ahead, he was content to answer all of our questions in an open and candid way: not once did we feel rushed.

We think our discussions with Lord Neuberger were pretty interesting, the highlights of which are set out below.

16 September 2014

Gambling

Horserace Betting Levy - Deja vu all over again

My partner, Dan Tench, has already given his commentary [see here] on the latest of the many consultations regarding potential reform of the horserace betting levy.  However, as someone who has been involved in advising on the Levy for more than a decade and who was a member of Lord Donoughue's group in 2005/6, I thought I would add my own personal perspective.

15 September 2014

Employment

Scottish independence and employment law

In the run up to the referendum on Scottish independence this week, there has been much discussion of how independence might affect the Scottish economy and Scotland's relationship with the rest of the UK and the European Union. One area of particular interest is the possible impact of independence on employment law in Scotland. Any changes to employment law will have ramifications for Scottish businesses or businesses which have operations, customers, suppliers or business partners in Scotland.

15 September 2014

Gambling

Levy Reform

On 1 September, the Government issued its second consultation this summer on the horserace betting levy.  The first one - which closed on 21 August - related to the proposed extension of levy liability to gambling operators located overseas (our commentary on which is here).  This new consultation concerns a more general proposed modernisation of the funding of horseracing by gambling operators.

12 September 2014

Commercial Litigation

Anti-enforcement injunctions: a less invasive alternative?

The recent Court of Appeal decision in Bank St Petersburg OJSC v Vitaly Arkhangelsky [2014] EWCA Civ 593 has lent further credence to the notion that anti-enforcement injunctions, which until now have been rarely ordered by the English Courts, might offer a less invasive alternative to anti-suit injunctions through non-interference with the jurisdiction of the foreign court.

09 September 2014

Transfer Pricing

Transfer Pricing Documentation in France

Julien Monsenego, head of our French tax practice, and Charlotte Robert, Paris tax associate, reply to three questions related to Transfer Pricing documentation in France.

01 September 2014

Technology

Raytheon wins arbitration award of £224 million

The FT reported on its front page today (19 August 2014) that the UK has been ordered to pay Raytheon £224 million, including £50 million in damages, arising from unlawful termination of a £750 million contract for an electronic control system.

19 August 2014

Employment

TUPE – provisions on micro-businesses to come into force

Although most of the amendments to the Transfer of Undertakings (Protection of Employment) Regulations 2006 ("TUPE") applied in relation to transfers taking place on or after 31 January 2014, the provisions enabling micro-businesses to provide information to and consult directly with affected employees apply only in relation to TUPE transfers occurring on or after 31 July 2014.

30 July 2014

Litigation

Time limited obligations to engage in “friendly discussions” before proceeding to arbitration may be binding

In Emirates Trading Agency LLC v Prime Mineral Exports Private Limited [2014] EWHC 2104 (Comm) the Commercial court considered whether a contractual clause requiring the parties to "first seek to resolve the dispute or claim by friendly discussion" before proceeding to arbitration was enforceable, and - if it was - whether it would constitute a condition precedent to issuing arbitration proceedings.

17 July 2014

Court of Appeal provides clarification on Mitchell

In an important recent Court of Appeal judgment (Denton and others v TH White Ltd and another; Decadent Vapours Ltd v Bevan and others; Utilise TDS Ltd v Davies and others[2014] EWCA Civ 906), the Master of the Rolls, Lord Justice Vos and Lord Justice Jackson have stated that some courts have misunderstood and misapplied the judgment inMitchell v News Group Newspapers Ltd[2013] EWCA Civ 1537.

14 July 2014

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