Legal and Regulatory News

Updates on the latest legal and regulatory developments

Injunctions - The top 10 cases of 2014

Injunctions

Injunctions - The top 10 cases of 2014

The Olswang Litigation team sets out what they consider to be the top ten injunction cases of 2014. This briefing is issued at the same time as the team launches The Injunctions Blog, in which they seek to post every judgment and other development (such as proposed or actual legislative change) which concerns the granting of an injunction.

23 January 2015

Advocate General's Opinion in the Gazprom case: implications of the Recast Brussels Regulation for anti-suit injunctions in arbitral awards

On 4 December 2014, Advocate General Wathelet of the Court of Justice of the European Union delivered an Opinion in the Gazprom case to the effect that the Brussels Regulation does not compel the courts of an EU Member State to refuse to enforce an arbitral award which contains an anti-suit injunction on the basis that it is inconsistent with the Regulation.  The Opinion, which is a departure from the controversial ruling in West Tankers, has generated considerable interest in the arbitration community, not least because, in reaching his conclusion, the Advocate General relied heavily on the Recast Brussels Regulation, which does not come into force until 10 January 2015.

14 January 2015

Litigation

Litigation & Arbitration: top things you need to know - November/December 2014

"Recast" Brussels Regulation applies from 10 January 2015 

A reminder that the "Recast" Brussels Regulation (Regulation (EU) No 1215/2012 on jurisdiction and the recognition of judgments in civil and commercial matters (recast)) will apply to proceedings commenced in EU Member State courts from 10 January 2015.  The existing Brussels Regulation (44/2001) will continue to apply to proceedings issued before that date.

09 January 2015

Commercial Litigation

Recast Brussels Regulation – What do I need to know?

The Recast Brussels Regulation, which takes effect from 10 January 2015, will affect all businesses and individuals entering into contracts in the European Union (and beyond), particularly those entering into contracts which include exclusive jurisdiction clauses.  The new legislation will mean that parties who have agreed that a particular EU Member State is to have exclusive jurisdiction to determine disputes will not be able to change their minds if the parties fall out.  It is therefore of paramount importance that proper consideration is now given to jurisdiction clauses when entering into contracts.

08 January 2015

Commercial Litigation

Analysis: Recast Brussels Regulation – What do I need to know?

We set out the key changes included in the Recast Brussels Regulation and the impact it is likely to have on businesses party to litigation in the courts of the Member States of the EU, and why it is important for special consideration to be given to jurisdiction clauses when entering into contracts. 

08 January 2015

International Arbitration

Advocate General's Opinion in the Gazprom case: implications of the Recast Brussels Regulation for anti-suit injunctions in arbitral awards

On 4 December 2014, Advocate General Wathelet of the Court of Justice of the European Union delivered an Opinion in the Gazprom case to the effect that the Brussels Regulation does not compel the courts of an EU Member State to refuse to enforce an arbitral award which contains an anti-suit injunction on the basis that it is inconsistent with the Regulation...

07 January 2015

New year, new employment law

We set out below some of the changes which are expected to come into force in the coming months and an update on some of the other legislative proposals discussed in 2014. 

07 January 2015

Employment

Employment Law Update: Holiday pay claims - two year limit introduced

Last month we reported on the case of Bear Scotland Limited & Others v Fulton, in which it was held that payments for compulsory non-guaranteed overtime should be included in the calculation of holiday pay.

In response to widespread concerns over the impact of this decision on businesses and the potential cost to employers as a result of retrospective claims by workers that they have been underpaid in respect of holiday already taken, the Government has introduced the Deduction from Wages (Limitation) Regulations 2014.  

19 December 2014

Technology

What IT providers must learn from the air traffic shutdown

The connection might not seem obvious at first, but the recent trouble experienced by the UK's national air traffic service (NATS) is a timely reminder that commercial providers of IT services need to think carefully about ways to manage their exposure in the event of service interruptions.

18 December 2014

Life Sciences

European Commission’s fifth patent settlement monitoring report brings little comfort for pharmaceutical sector

The European Commission's fifth patent settlement monitoring report was published on 5 December 2014 (see here) receiving a seasonally frosty reception from the pharmaceutical sector. After five rounds of monitoring, a lengthy sector inquiry and several investigations, the position of patent settlements under EU competition law seems ever more opaque, leaving settling parties without the comfort of legal certainty.

16 December 2014

investment funds

FCA Obligations of Small Registered UK Property AIFMs

The obligations of Small Registered UK AIFMs to the Financial Conduct Authority are imposed primarily by the Alternative Investment Fund Managers Regulations 2013 and the FCA Handbook.  Registration as a Small Registered UK AIFM does not accord regulated firm status or grant exemption for other regulated activities under the Financial Services and Markets Act 2000.  Small Registered UK AIFMs must still ensure that they do not carry out regulated activities under FSMA and comply with other applicable FSMA obligations.

11 December 2014

Litigation

Merits of the claim generally irrelevant to enforcement of the court’s case management powers

On 26 November 2014, the Supreme Court handed down a decision in which it stressed that the strength of a party's case should be "generally irrelevant" when it comes to the exercise of the courts' case management powers, aside from where the merits of a party's case were so strong that he would be entitled to summary judgment.  The court also stated that the senior courts would generally be "very diffident" about interfering with case management decisions made by the lower courts.

09 December 2014

Life Sciences

Olswang EU competition law bulletin – Life sciences focus

In this bulletin we provide an update on recent EU competition law activity in the life sciences sector. It has been a busy period for M&A in the sector and we provide a run down of recent merger control notifications to the European Commission (the "Commission"). In addition, we provide details of the latest developments in a number of the most closely watched antitrust investigations in the region, including the appeals against the Commission's infringement decision in relation to perindopril and the issue of a supplementary statement of objections in the UK Competition and Market Authority's ("CMAs") paroxetine pay-for-delay investigation. We also report on investigations undertaken by competition authorities in a number of other EU member states and provide an update on the latest steps resulting from the CMA's investigation into the UK private healthcare market.

05 December 2014

Competition & Regulatory

The UK Consumer Rights Bill and private enforcement of competition law

In January 2014 the UK Government introduced the Consumer Rights Bill to Parliament, which contains proposals to overhaul the private enforcement of competition law in the UK.  The key amendments including the increased jurisdiction of the CAT, the introduction of opt-out collective actions and the establishment of voluntary redress schemes are set out in this article.

05 December 2014

Competition

The EU Damages Directive for competition law claims

After nearly a decade of consultations and debate the much awaited "Directive on certain rules governing actions for damages under national law for infringements of the competition law provisions of the Member States and of the European Union" was published in the EU Official Journal on 5 December 2014.  Member States will now have until 27 December 2016 to transpose the Directive into national law. 

05 December 2014

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