Legal and Regulatory News

Updates on the latest legal and regulatory developments

Commercial Litigation

CJEU provides preliminary ruling on the incompatibility of the German sports betting monopoly with EU law

In October, we reported on Advocate General Szpunar’s opinion in the Sabat Ince case (Case C-336/14). On 4 February 2016, the Court of Justice of the European Union (“CJEU”) issued its preliminary ruling which broadly follows the Advocate General’s recommendations, albeit exercising a more measured tone than that of the AG’s highly critical opinion

11 February 2016

Competition & Regulatory

UK government consults on the implementation of the EU Damages Directive

On 28 January 2016 the Department for Business, Innovation & Skills published a consultation seeking stakeholders’ views on the implementation of the EU Damages Directive into law in the United Kingdom.  The Directive harmonises certain private enforcement procedures across the European Union, facilitating claims for compensation brought by those which have suffered losses at the hands of those businesses which have been found to have infringed competition law.

09 February 2016

Employment

How would your company treat Lili Elbe (the Danish Girl)? - Protection and support for transgender staff

With the Danish Girl receiving plaudits, Caitlyn Jenner (American television personality and retired Olympian) attracting significant media attention, the public transition of Kellie Maloney (the boxing promoter) hitting the headlines and a top private school announcing that it is changing its traditional uniform to allow transgender pupils to be themselves, the public focus on the issues faced by transgender people has gradually increased

28 January 2016

Gambling

FOBT revenues set to fall in wake of “£50 Journey” implementation

Last week the Department for Culture, Media & Sport published a report setting out the impacts of last year’s changes to Fixed Odds Betting Terminal (FOBT) regulation. The report shows that the new regulations have dramatically reduced the amount of stakes being placed over £50 on FOBTs.

26 January 2016

telecommunications

UK competition authority clears acquisition of EE

On 15 January 2016 the UK competition authority, the Competition and Markets Authority published its final decision clearing the acquisition of UK mobile network operator, EE, by UK telecommunications operator BT.  The CMA’s decision confirmed that the merger is not expected to result in a substantial lessening of competition on any market in the UK and the acquisition was cleared without any conditions, meaning that the parties are now able to complete the transaction and start integrating their businesses.

21 January 2016

Litigation

English court steps in to enforce arbitral peremptory order for payment

In November 2015, the English court enforced an LCIA tribunal’s peremptory order requiring a respondent to pay US$ 100 million pursuant to section 42 of the Arbitration Act 1996 in order to maintain the status quo and to ensure the proper and expeditious conduct of arbitration proceedings.

20 January 2016

Litigation

How long is too long? When will the courts permit enforcement of an award when a challenge to enforcement overseas is taking too long?

Under section 103(5) of the Arbitration Act 1996 (the “Act”), the English court is required to consider whether it is appropriate to adjourn an application for the enforcement of an arbitration award where an application to set aside that award has been made before a competent authority (i.e. before the courts of where the arbitration is seated).

20 January 2016

Litigation

Key Supreme Court Cases of 2015: A Retrospective

Cathryn Hopkins and Ryan Dolby-Stevens take the opportunity to look back at some of the key judgments that the Court handed down in 2015 in the areas of contract law, public law, tort and fraud, and highlight the points for commercial law practitioners to be aware of

15 January 2016

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