Legal and Regulatory News

Updates on the latest legal and regulatory developments

Conflicting dispute resolution clauses: which forum?

The purpose of a dispute resolution clause is to provide for a process through which disputes can be resolved.  However problems can arise where the parties enter into multiple agreements with conflicting dispute resolution clauses.  For example, if one agreement provides for resolution of disputes in the English courts, but another agreement between the same parties in connection with the same subject matter provides for resolution of disputes by ICC arbitration in Italy, where should the parties litigate?

02 March 2015

Employment

Protecting an employer's good name

The reputation of a business is one of its most important assets. It is the basis for building, and, crucially, maintaining relationships with customers, suppliers, investors, employees and public authorities... 

27 February 2015

Competition and regulation

The compatibility of “sweetheart” tax deals with EU state aid laws

In response to media reports alleging significant tax reductions by way of "sweetheart" tax deals from various EU Member State taxation authorities, the European Commission has launched a number of in-depth investigations to review their compatibility with EU state aid rules.

23 February 2015

Gambling

The Horserace Betting Right Consultation

On 5 February, the Government issued a  consultation on  a proposed horserace betting right, that is a right enforceable against gambling operators taking bets on British horseracing requiring them to obtain (for payment) an authorisation. 

20 February 2015

Data Protection

Drones - flying into the legal headwind

Drones - also known as small unmanned aircraft, remotely piloted aircraft systems, and a growing number of similar acronyms, continue to make news. They have come a long way from their military origins and took centre stage at the annual Consumer Electronics Show in Las Vegas in January... 

18 February 2015

Competition & Regulatory

BIS publishes consultation on proposed amendments to the Competition Appeal Tribunal’s rules of procedure

The UK Government's Department for Business, Innovation and Skills has published a consultation on proposed revisions to the Competition Appeal Tribunal rules of procedure.  The revised CAT Rules amend the CAT's procedural powers so that it may give effect to its new functions.  Stakeholders are asked to submit comments on the proposed changes by 3 April 2015.

13 February 2015

Commercial Litigation

Registrar of Companies owes duty of care to companies whose records it amends to register a winding up order

In Sebry v Companies House and another [2015] EWHC 115 (QB), the High Court has confirmed that the Registrar of Companies owes a duty to take reasonable skill and care to register winding-up orders against the correct company.  The court said that this duty arises under common law and is not mirrored by a statutory duty under the Companies Act 2006.

12 February 2015

Film & TV

New rules for the licensing of child performances

On 6 February 2015, new Regulations came into force that govern the granting of licences for children taking part in performances, which will make it easier for producers to work with children.

09 February 2015

Advocate General gives opinion on the meaning of “establishment” in collective redundancy consultation

The Advocate General yesterday gave his opinion on three cases concerning the EU Collective Redundancies Directive (the "Directive"), including the reference made by the Court of Appeal in USDAW and anor v Ethel Austin and anor, more commonly known as the "Woolworths case".  Although the Advocate General's opinion is not binding on the European Court of Justice ("ECJ"), it is often a good indicator of the final outcome, and will be welcomed by employers.

06 February 2015

Commercial Litigation

Significant increase to court fees on the horizon

On 16 January the Government announced plans to introduce increased fees for issuing money claims over £10,000.  The new issue fee will be calculated as 5% of the value of the claim, up to a maximum fee of £10,000 (the current maximum is £1,920).  For claims valued at circa £200,000 this represents a six-fold increase on the current fee.

05 February 2015

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

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