The recent decision in BNY Corporate Trustee Services Limited v Eurosail has provided helpful guidance on the interpretation of the insolvency tests set out in section 123 of the Insolvency Act 1986. This guidance is of significance to anyone creating contracts containing this type of provision.
Law Firm: Wragge & Co | Published: 24 May 2013 | Practice Area: Regulation and Enforcement
The May edition of Travers Smith's newsletter discusses new statutory objectives for the Pensions Regulator; abolition of short service refunds/automatic transfers; consultation on proposed improvements to automatic enrolment; single-tier state pension; GMP equalisation; and much more.
Law Firm: Travers Smith | Published: 24 May 2013 | Practice Area: Regulation and Enforcement
The UK High Court has held that the purchase by Marks & Spencer of Google AdWords which include the Interflora trade mark, infringe that trade mark. DLA Piper summarises the High Court's decision and explains why it contains useful reminders for those looking to use third party AdWords.
Law Firm: DLA Piper | Published: 24 May 2013 | Practice Area: E-Commerce
After considerable Parliamentary ping-pong and various political manoeuvrings in light of the Leveson inquiry recommendations, Royal Assent has finally been given to the Defamation Act that purports to balance protection of reputation and freedom of speech. Shoosmiths outlines what has changed.
Law Firm: Shoosmiths | Published: 23 May 2013 | Practice Area: Defamation
HMRC have been focusing on LLPs using corporate members to reduce income tax liabilities. The consultation document now makes it clear that HMRC propose to stop all corporate member planning where one of the purposes of the planning is to reduce or defer income tax liabilities.
Law Firm: Macfarlanes LLP | Published: 23 May 2013 | Practice Area: Enforcement and Regulation
If you enter into a contract with another party, do you have an obligation to act in good faith towards them? If so, what does that mean? Two recent English court decisions considered the issue, which resulted in the High Court seeking to extend the scope of good faith in commercial relationships.
Law Firm: Latham & Watkins | Published: 23 May 2013 | Practice Area: Practice and Procedure
Hunt & Others v Optima (Cambridge) Ltd & Others is an interesting and complex decision from the Technology and Construction Court involving the development of a block of flats which went wrong from the beginning. Wragge & Co's engineering and construction team examines the decision in more detail.
Law Firm: Wragge & Co | Published: 22 May 2013 | Practice Area: Warranties
Dealing with another party's breach of contract or negligence can be a time-consuming process, involving the diversion of management and other staff from their normal revenue-generating activities. However, a recent case demonstrates the extent to which the court is willing to offer compensation.
Law Firm: Macfarlanes LLP | Published: 22 May 2013 | Practice Area: Practice and Procedure
Prompt payment is critical to the cash flow of every business. This spring, two regulations have amended The Late Payment of Commercial Debts (Interest) Act 1998, particularly the way in which the 'Relevant Day' is to be calculated. DLA Piper offer a detailed analysis of the new regulations.
Law Firm: DLA Piper | Published: 22 May 2013 | Practice Area: Sale and Supply of Goods and Services
In Allen v TRW Systems Ltd, the Employment Appeal Tribunal considered whether a promise in an employee handbook to make enhanced redundancy payments had been incorporated into employees' contracts of employment. This is a common issue in the current climate and the EAT gave some useful guidance.
Law Firm: Bond Dickinson | Published: 21 May 2013 | Practice Area: Contract of Employment and Statutory rights
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