Legal news
2009 Archive

Making investments in UK real estate - a tax haven for non-UK residents?

There are many factors making the United Kingdom an attractive investment destination for a non-UK resident. One of these factors is favourable UK tax treatment and tax incentives given to investment in UK real estate.

Meaning of multiple agreements under the Consumer Credit Act 1974

A debtor might argue that a loan entered into pre 6 April 2007 in excess of £25,000 can still be subjected to a challenge under the provisions of the Consumer Credit Act 1974 on the basis that it falls to be considered as a multiple agreement.

When the going gets tough, the taxman gets tougher

Tips for action to take from Wragge & Co's Tax team to help businesses prepare for HMRC's tough tactics.

The Pharmaceutical Sector Inquiry Preliminary Report: patent-related issues raised relevant to all patent intensive industries

Wragge & Co's first analysis of the EU Commission's preliminary report on the pharmaceutical sector looked at regulatory issues covered by the preliminary report. The IP team now moves on to consider the patent-related practices.

Fast-tracking procurements of 'major public projects'

The European Commission has announced that it is prepared to accept more widespread use of the accelerated restricted procedure to procure 'major public projects' in 2009 and 2010 due to the current economic climate.

Litigation survival guide - part 1. Escape to victory: points to consider when terminating a contract

For a number of reasons you may wish to consider whether you can terminate a contractual relationship you have entered into. During periods of economic downturn the instances of this are greater.

Dealing with Madoff

The publicity surrounding the Madoff scandal is set to increase. With the Serious Fraud Office investigation now underway in the UK, it is increasingly likely that investors will seek to recover their losses from financial institutions.

Open source software: the top 10 open source licences

Open source software is now in widespread use but the terms of use and the associated risks are generally poorly understood. We pose some key questions and provide our view on the answers.

Holiday windfall for long-term sick

Employees on long-term sick continue to accrue holiday which they can take when they finally return to work, says the European Court of Justice.

HMRC cashback

The headlines can make it feel as though hanging on for dear life is the only thing left to do in this economy. However, the same economic cycle that's brought us to this point can bring up some useful opportunities for those that spot them.

German Federal Supreme Court sends adwords question to the ECJ

Yesterday the German Federal Supreme Court (BGH) published its keenly anticipated decisions on three adword cases. The BGH found no trade mark infringement in two cases. It referred the main adword question to the European Court of Justice.

Right to Buy

The decision of the Lands Tribunal in Leicester City Council v Theo Master will be of interest to all landlords seeking to establish a reserve service charge fund for future repairs in Right to Buy properties.

Did you know they were going to sell the marked goods in the EU? What happens when a witness lies?

KJM Superbikes Ltd v Hinton [2008] EWCA Civ 1280 was an appeal by KJM Superbikes Limited against a decision by Sir Andrew Park in the High Court in which he denied KJM permission to bring proceedings for contempt of court against Mr Anthony James Hinton.

Employees in Europe?

"Firing in France? Hiring in Germany? Moving to Ireland? Selling in Spain?

If you are doing any of these, you'll want to check out our new European Employment Checkpoint.

BUD v BUD - Appellation of origin v Community trade mark applications

Budejovický Budvar, národní podnik v Office of Harmonization in the Internal Market - with intervener Anheuser Busch Inc. Joined Cases T-225/06, T-255/06, T-257/06 and T-309/06: Decision of the Court of First Instance - 16 December 2008).

Banking update: report and review on recent cases and issues

Wragge & Co's banking and finance experts bring you the latest on the cases and issues affecting the lending industry.

Enforcing foreign judgments

Your client wants to sue an English company in the US. But will the defendant participate? What if they do not? Will any ensuing judgment be enforceable?

Planning for an upturn

The Wragge & Co Tax team tips for making the most of tax opportunities now and preparing for when the upturn comes.

Employment Law - 2008 review/2009 preview: Part 2

In Part 2 of our year review/preview we look forward to the anticipated judicial and legislative trends for employment law in 2009.

New Year's resolution to "become a better customer" - the OGC launches new toolkit for public sector IT procurements

Two new procurement tools were launched on 9 January 2009 by the Office of Government Commerce to help public sector bodies taking on large, complex IT projects. The two tools consist of a PQT and JSI.

Property update - January 2009

Wragge & Co's real estate experts bring you the latest property law issues.

In, out, shake it all about - where are we on choice of law in Rome 1?

All businesses entering into international transactions should be aware of changes on the horizon affecting choice of law in contract.

Adjudication enforcement proceedings: how to succeed with a set-off defence

When an adjudicator decides that one party must pay money to another, can the paying party successfully resist enforcement proceedings by exercising a right of set-off?

Letters of Request: obtaining evidence in England and Wales

Do you need to obtain oral or documentary evidence from a company or an individual in England or Wales? Do you know what sorts of evidence you can obtain? Can you force a witness to answer your questions? Having trouble finding a witness?

A new year, some new deadlines

We thought we'd take a look at some pensions deadlines coming up soon.

Europe rules against embryonic stem cells patent

The Enlarged Board of the European Patent Office has held Wisconsin Alumni Research Foundation's patent application to be contrary to morality for the purposes of Article 53(a) of the European Patent Convention.

Advocate General's opinion in Case C-59/08 Copad v Dior - a broad understanding of quality control in trade mark licences?

In Copad v Dior the Advocate General (AG) has advised the European Court of Justice (ECJ) on whether a licensee's failure to comply with provisions in a trade mark licence may prevent the exhaustion of the owner's rights in the mark.

Providing more homes for rent during the credit crunch: The Homes and Communities Agency's National Clearing House programme

In the summer, the Government announced plans to bring unsold private sector developer stock into the affordable housing sector by providing £200 million funding through the then Housing Corporation's affordable housing programme.

Directors' duties and shareholder circulars - and why (a little) legalese may be no bad thing

There was no shortage of grievances to discuss when HBOS shareholders met in December to consider the takeover of their bank by Lloyds TSB.