Alerts
Alerts archive 2009

Litigation survival guide - part 18. Putting payment terms under the microscope

With no end in sight to the economic downturn, payment terms are increasingly important to many businesses. Contractual terms agreed in the past regarding payment may now appear somewhat outdated.

Non-resident companies and UK tax on chargeable gains

Non-UK resident companies are still outside the territorial scope of UK corporation tax on chargeable gains, provided that the company does not have a UK permanent establishment.

Should I stay or should I go? Can employers' redundancy selection criteria reward long service?

Employers across the UK are currently facing difficult decisions about their workforce in the context of a very challenging economic environment.

Banking update: report and review on recent cases and issues

Valid debentures despite forged signature and invalid board resolutions, costs entitlement following an acceptance of a Part 36 offer and the pre-action protocol seven months on.

End of the road for Norris - a cautionary tale for salacious executives

Ian Norris, former CEO of Morgan Crucible, has failed in his latest attempt to avoid extradition to the US and faces spending the rest of his retirement at President Obama's pleasure.

Litigation survival guide - part 17. Keeping your settlement confidential

You've reached a compromise, avoided the public arena of a trial and the potentially unwanted publicity that can go with it, and are happy with the terms of settlement negotiated.

Implementing equal treatment for Agency Workers

Following the passing of the Agency Workers Directive (the Directive) in Brussels at the end of last year, the Government has now launched its consultation on implementation in the UK.

High Court not amused by deliberate wrongdoing

Two recent High Court cases have demonstrated the contractual impact an act of deliberate wrongdoing can have.

Does my mark have a reputation in the Community?

Advocate General Sharpston has given her view on the question of whether a community trade mark which had been proven to have a reputation but only in Austria could be considered to have a "reputation in the Community".

Pre-packs un-packed: what is meant by a "pre-pack" administration?

"Leaving the mice in charge of the cheese..." is how one commentator described the now far from unusual phenomenon of the pre-pack administration sale. But what is meant by a "pre-pack"; are they lawful and what is the legitimate area for concern?

Litigation survival guide - part 16. That's settled then!

Ensuring that a settlement agreement achieves its purpose is crucial.

Material detriment stays materially the same

The Regulator has now published its response to the consultation paper regarding proposed changes to the moral hazard laws and anticipates the code of practice coming into effect this summer.

A new coalition for competition?

As the European Commission announced today its largest-ever fine of €1.06 billion on chip maker Intel Corporation, the US is gearing up to take a more aggressive tack towards redressing monopolistic practices.

Public bodies: consultation duties

In March 2009, Wragge & Co's Public Law & Regulation team reported that the High Court had, in ruling on judicial reviews involving the Boundary Committee for England, provided helpful guidance on the consultation duties of public bodies.

Shoots of growth - for a more benign merger regime - or a false dawn?

The Office of Fair Trading (OFT) has applied the so-called 'failing firm' defence for the first time since issuing a restatement of its position in December 2008.

Long tail for Ombudsman complaints?

The Pensions Ombudsman and his Deputy have recently come to different conclusions on whether they will deal with complaints made after the usual limitation periods applied by the courts have expired.

Property update - May 2009

Wragge & Co's real estate experts bring you the latest property law issues. Read their comment on these issues and take note of any action points that will help you and your organisation.

Holiday entitlement - it's a personal thing

Construction companies may find their self-employed subcontractors claiming entitlement to paid annual leave following the judgment of the Employment Appeal Tribunal in Redrow Homes (Yorkshire) Limited v Buckborough and Sewell.

Litigation survival guide - part 15. Securing the costs of your litigation

Litigation can be costly. Having to defend an unmeritorious claim made by a financially unstable company is the worst case scenario for any defendant and, in a period of economic downturn, the risk of this happening is increased.

OGC announces tightening of penalties for public procurement abuses

On 30 April 2009, the Office of Government Commerce (OGC) launched its 12-week long second-stage consultation on the implementation in UK law of the new Remedies Directive (Council Directive 2007/66/EC).

Alternative Investment Fund Managers Directive - a sledgehammer to crack a nut?!

This week the European Commission revealed its proposals for a directive on Alternative Investment Fund Managers.