Legal and Regulatory News

Updates on the latest legal and regulatory developments

Landmark judgment in Vidal-Hall et al v Google upheld

Landmark judgment in Vidal-Hall et al v Google upheld

The Court of Appeal has upheld Justice Tugendhat's landmark judgment in Vidal-Hall et al v Google, which memorably classified the misuse of private information as a tort. The Court has also held that claimants may recover damages under the Data Protection Act 1998 for non-material loss.

27 March 2015

The Secretary of State for the Home Department v Raytheon Systems Ltd: the court considers serious irregularity in arbitral proceedings

The Arbitration Act 1996 gives the court powers to correct serious failures to comply with the "due process" of arbitral proceedings.  Successful challenges are rare, but a recent case in the High Court,The Secretary of State for the Home Department v Raytheon Systems Ltd [2014] EWHC 4375 (TCC) and [2015] EWHC 311 (TCC), shows they are not impossible. 

26 March 2015

Anti-suit injunction can be used to prevent creditor pursing proceedings in another jurisdiction to gain an unjustifiable priority in liquidation

In Stichting Shell Pensioenfonds v Krys and another (British Virgin Islands) [2014] UKPC 41, the Privy Council considered the question of whether, when a company is being wound up in the jurisdiction where it is incorporated, an anti-suit injunction should be issued to prevent a creditor from pursuing proceedings in another jurisdiction which are calculated to give them an unjustifiable priority. 

26 March 2015

Life Sciences

Olswang EU competition law bulletin – Life science focus

In this bulletin we provide an update on recent EU competition law activity in the life science sector. In particular, we provide an overview of recent developments in ongoing competition law cases around Europe and some insights into the European Commission's decision in the pay-for-delay case against Lundbeck and several generic producers following publication of the non-confidential version of that decision.

19 March 2015

Life Sciences

Olswang EU merger control bulletin – Life science focus

In this update, we provide an outline of recent European Commission merger decisions in the life science sector, including an overview of the $20bn GSK/Novartis asset swap which the Financial Times recently highlighted as an example of the trend towards streamlining of portfolios by pharmaceutical groups. Where relevant we provide details of the divestments accepted by the Commission in order to grant clearance.

19 March 2015

Budget 2015 Analysis

Budget 2015 Analysis

Wednesday, 18 March was Budget Day in the UK and Olswang's award-winning Tax team have been covering it on the Olswang Tax blog. Visit the blog to find the latest news, views and analysis on the Chancellor's announcements and to post your thoughts.

 

 

18 March 2015

telecommunications

Olswang Competition Law Bulletin – Telecoms Focus

In this bulletin we provide an update on recent EU competition law activity in the telecoms sector. This includes an outline of recent European Commission merger control activity, developments in European regulation of the telecoms industry and an overview of recent judgments from the European courts.

17 March 2015

Corporate

Olswang Corporate Quarterly - Spring 2015

In this Spring 2015 edition of the Olswang Corporate Quarterly, we look at new EU regulations relating to the jurisdiction of courts and provide useful tips on drafting exclusive jurisdiction clauses. We also include a feature on indemnities - commonly found in many every day contracts but giving rise to some tricky issues for both parties. Our pensions team considers how employers can take advantage of the new pension flexibility to be introduced from April 2015 and we also look at how UK and non-UK companies will be affected by the new Diverted Profits Tax. Finally our regular Did you know…? feature gives an update on the Government's proposed timetable for introducing major company law changes in the Small Business, Enterprise and Employment Bill. We also highlight new regulations relating to company, LLP and business names and disclosures and recent guidance on cyber security for non-executive directors.

13 March 2015

Corporate

Indemnities: how they work and issues to consider when giving them

From tax covenants to IP infringement, indemnities feature in most share and business transfer agreements as well as in many every day commercial contracts.  We remind you of the key features of indemnities and point out some of the questions you should ask yourself before giving an indemnity.

13 March 2015

Corporate

Pensions: turning the new flexibility to your advantage

A significant amount of press space has recently been devoted to the new pension flexibility that will be introduced from April 2015.  The Government has introduced some generic on-line guidance for scheme members to assist them in making their choices (with further services to follow) so the question employers could perhaps usefully be asking themselves, if they have not already done so, is whether the pension arrangements that they currently offer meet their employees' growing expectations.

13 March 2015

Corporate

New Diverted Profits Tax: how UK and non-UK companies will be affected

HMRC representatives confirmed in January that the Government intends to press ahead with the controversial new Diverted Profits Tax (DPT), referred to in the media as "Google Tax".  Presumably DPT will therefore be included in the pre-election Finance Bill, relying on cross-party support for a measure which appears to be popular with the electorate despite the misgivings of multinationals and their advisers.  We await confirmation in the Budget on 18 March.

13 March 2015

Corporate

Did you know...? Some practical points for companies - March 2015

Some practical points for companies including detail on the proposed timetable for the Small Business, Enterprise and Employment Bill currently moving through Parliament, BIS guidance on cyber security for non-executive directors, and new regulations in force which simplify the law on company, LLP and business names and trading disclosures.

13 March 2015

Corporate

Exclusive jurisdiction clauses: recent changes, pitfalls and drafting tips

New regulations relating to the jurisdiction of courts and the recognition of judgments will affect businesses and individuals entering into contracts in the EU and beyond.  Parties who have agreed that a particular EU Member State is to have exclusive jurisdiction to determine disputes can now be more certain that their choice of jurisdiction will be effective (and also less able to change their minds if they fall out).  It is now as important as ever to give proper consideration to jurisdiction clauses when entering into contracts. 

13 March 2015

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