Abstract of glass building

Search results

3729 results

Blog

Bunker disputes – Bankruptcy of OW Bunker A/S and associated companies

19 November 2014

We are receiving numerous enquiries regarding the fallout from the bankruptcy of OW Bunker A/S and certain associated companies.

Read more
Blog

Injunctions - when will the court order fortification of a cross-undertaking in damages?

Published on 18 November 2014. By Geraldine Elliott, Partner

The Court of Appeal endorsed for the first time the accepted criteria that must be satisfied before the court can order an application for fortification of a cross-undertaking in damages in EVP v Malabu Oil.[1]

Read more
Blog

Defendant which unreasonably refused to mediate escapes costs sanctions

18 November 2014

When considering costs and exercising its discretion under CPR 44.2, the court has regard to all the circumstances including the conduct of the parties before as well as during the proceedings.

Read more
Blog

"Time's up" – limitation for a claim against a valuer

Published on 17 November 2014. By Alexandra Anderson, Partner

In a decision handed down last week, the court has provided further guidance on the limitation position for claims against surveyors.

Read more
Blog

No anti-suit injunction for parties not subject to an arbitration agreement

17 November 2014

The importance of drafting arbitration agreements carefully and precisely has been highlighted by the Commercial Court when it rejected an application for an anti-suit injunction restraining New York court proceedings in favour of arbitration[1].

Read more
Blog

Applicants for search warrants must make full and frank disclosure to the court

Published on 14 November 2014. By Adam Craggs, Partner

The following is taken from an article by Adam Craggs, originally published in Tax Journal on 31 October 2014.

Read more
Blog

Applicants for search warrants must make full and frank disclosure to the court

Published on 14 November 2014. By Adam Craggs, Partner

The following is taken from an article by Adam Craggs, originally published in Tax Journal on 31 October 2014.

Read more
Blog

Container weight fraud

14 November 2014

Container weights is a hot topic at the moment, with the IMO set to introduce new requirements for the verification of container gross mass.

Read more
Blog

Financial Services: Minimising Risk in a Dawn of Opportunity

Published on 13 November 2014. By Simon Laird, Global Head of Insurance

The Treasury provided an unexpected opportunity for financial advisers earlier this year when they announced that, from April 2015, investors may be able to unlock their pension funds and exercise greater control over investing their hard earned wealth.

Read more
Blog

Financial Services: Minimising Risk in a Dawn of Opportunity

Published on 12 November 2014. By Simon Laird, Global Head of Insurance

Over the last few years, firms have been asking themselves how they will make money in the post RDR world.

Read more
Blog

In the Garden without Pay

10 November 2014

Sunrise Brokers LLP v Rodgers is the salutary tale of a broker who gambled in his decision to leave his employer for a competitor.

Read more
Blog

Tribunal orders HMRC to pay taxpayer's costs – Ian Elder v HMRC

Published on 07 November 2014. By Robert Waterson, Partner

The decision of the First-tier Tribunal (Tax Chamber) ('FTT') in Ian Elder v Commissioners for HMRC[1] offers a useful summary of the FTT's approach on the assignment of appeals to the Complex category ...

Read more
Blog

Tribunal orders HMRC to pay taxpayer's costs – Ian Elder v HMRC

Published on 07 November 2014. By Robert Waterson, Partner

The decision of the First-tier Tribunal (Tax Chamber) ('FTT') in Ian Elder v Commissioners for HMRC[1] offers a useful summary of the FTT's approach on the assignment of appeals to the Complex category, applications to bar a party from participating in proceeding and costs sanctions.

Read more
Blog

Court rejects "capital" punishment

07 November 2014

Appeal considers relevance of ship sale following early redelivery

Read more
Blog

Who dares pays

Published on 06 November 2014. By Jonathan Wyles, Legal Director

In Excalibur Ventures LLC v Texas Keystone Inc & Others [2014] EWHC 3436 the Commercial Court has given a warning to third party funders that they can be liable to pay the costs of the winning party where they fund a hopeless case.

Read more
Blog

FCA keeps SIPP investments under close scrutiny

Published on 06 November 2014. By George Smith, Senior Associate

We blogged previously on the tougher attitude that the FCA is taking concerning the obligations of SIPP operators, and the increased focus on the suitability of underlying SIPP investments.

Read more
Blog

AIS assisted collisions

06 November 2014

The term "VHF assisted collision" is not new.

Read more
Blog

New Safety and Health Guidelines to Protect Seafarers

06 November 2014

The International Labour Organisation has agreed guidelines to assist governments in implementing occupational safety and health provisions previously set down in the Maritime Labour Convention 2006.

Read more
Blog

Limits on the VAT exemption for insurance intermediaries

Published on 06 November 2014. By Ben Roberts, Senior Associate

A recent Tax Tribunal decision highlights the limits of the VAT exemption for supplies by an insurance intermediary.

Read more
Blog

In the garden but without pay

04 November 2014

Sunrise Brokers LLP v Rodgers is the salutary tale of an equity derivatives broker who gambled in his decision to leave his employer for a competitor.

Read more
Blog

CofA applies rare 19th Century tort in granting injunction

Published on 04 November 2014. By Alex Wilson, Associate

The Court of Appeal has granted an injunction against the publication of a well-known performing artist's book to protect the rights of his son, not on the basis of misuse of private information but because publication would be likely to cause psychological harm to the son.

Read more
Blog

Insurance contract law reform – a reinsurance angle

Published on 04 November 2014. By Richard Breavington, Partner

In Spring 2015, the Insurance Bill, which applies to business insurance and thereby reinsurance, is likely to be given royal assent.

Read more
Blog

Supreme Court ruling in eagerly awaited "sale and rent back" test case

03 November 2014

The Supreme Court faced the time honoured question of what happens in a fraudulent transaction where there are two innocent parties with competing claims…

Read more
Blog

Hong Kong's top court confirms loss of cover

03 November 2014

The importance of complying with insurance warranties

Read more
Blog

You're Hired! (Because I like you)

31 October 2014

It is often said that a company's employees are its most valued asset.

Read more
Blog

Crestfallen claimants: High Court upholds bank disclaimers in claim for negligent advice

31 October 2014

In the latest in a line of court rulings upholding disclaimers, the High Court, in the recent case of Crestsign v NatWest & RBS, held that, as a result of careful disclaimer wording, the banks did not owe a common law duty of care to their customer not to provide negligent advice.

Read more
Blog

Tax Tribunal confirms the time period in which HMRC must open an enquiry

30 October 2014

As readers will be aware, HMRC generally has twelve months from the date a company files a return to open an enquiry[1].

Read more
Blog

Bribes and Undisclosed Commissions to Agents: Supreme Clarity.

Published on 29 October 2014. By Jake Hardy, Legal Director

In late July, the Supreme Court of England and Wales handed down a succinct judgment on a topic which, while narrow, is of considerable importance in its sphere.

Read more
Blog

Project Innovate: an incubator for growth?

Published on 29 October 2014. By Tom Lloyd, Senior Associate

The FCA launched its new Innovation Hub yesterday, with the aim of fostering support to businesses looking to benefit consumers in the financial services sector.

Read more
Blog

Court's firm stance refusing to extend valuer's duty of care in tort beyond his contractual duty

Published on 28 October 2014. By Helene Lee, Legal Director

In the case of Freemont (Denbigh) Ltd v Knight Frank LLP [2014] EWHC 3347 (Ch), a landowner instructed a valuer to prepare a valuation report for a plot of land.

Read more
Blog

Arguing until Blue(fin) in the face: Court tells FOS that beneficiaries under a D&O policy are not consumers

24 October 2014

The Financial Ombudsman Service has suffered a major defeat in the Administrative Court which will come as a relief to D&O insurers and brokers.

Read more
Blog

FTT prevents HMRC from having two bites of the cherry!

Published on 22 October 2014. By Dan Wyatt, Senior Associate

In Lady Henrietta Pearson v HMRC [2014] UKFTT 890 (TC), the First-tier Tribunal (Tax Chamber) ('FTT') concluded that HMRC had "ignored" its previous decision by seeking to reduce the amount of a VAT refund ...

Read more
Blog

FTT prevents HMRC from having two bites of the cherry!

Published on 22 October 2014. By Dan Wyatt, Senior Associate

In Lady Henrietta Pearson v HMRC [2014] UKFTT 890 (TC), the First-tier Tribunal (Tax Chamber) ('FTT') concluded that HMRC had "ignored" its previous decision by seeking to reduce the amount of a VAT refund which it had ordered HMRC make to Lady Henrietta Pearson ('the taxpayer').

Read more
Blog

FCA approves 'independent' use of internal specialist advisers

Published on 17 October 2014. By Sarah Dowding, Senior Associate

Ever since RDR 'independence' rules were introduced nearly two years ago, financial advisers have sought clarification on referring clients to internal specialists within their firm for expert advice.

Read more
Blog

Cultural Revolution: FCA offers re-education in the provinces

17 October 2014

In a speech at Mansion House last night, Martin Wheatley announced a masters degree in regulation in conjunction with Henley Business School which, he said, will "set the global standard".

Read more
Blog

FCA approves 'independent' use of internal specialist advisers

Published on 17 October 2014. By Sarah Dowding, Senior Associate

Ever since RDR 'independence' rules were introduced nearly two years ago, financial advisers have sought clarification on referring clients to internal specialists within their firm for expert advice.

Read more
Blog

Changes to the UK Corporate Governance Code – real change?

Published on 17 October 2014. By Tom Lloyd, Senior Associate

The UK Corporate Governance Code (the Code) sets out principles of good governance for premium listed companies in the areas of board composition and development, remuneration, shareholder relations, accountability and audit.

Read more
Blog

GMAC's strategy for limiting VAT payments proved lawful in ECJ

Published on 16 October 2014. By Robert Waterson, Partner

The following is taken from an article by Robert Waterson and Nigel Brook, originally published in International Tax Review (12 September 2014).

Read more
Blog

FOS is not unfair; it just doesn't apply the law

16 October 2014

The new CEO of FOS, Caroline Wayman, gave evidence to the Treasury Select Committee yesterday, including (reportedly) in response to a poll that revealed 58% of advisers considered FOS unfair in its decisions on financial advice.

Read more
Blog

Content Clergy, Satisfied Solicitors, and Bitter Barmen

Published on 15 October 2014. By William Jones, Senior Associate

A recent study by the Cabinet Office has found that the Solicitors' profession is the 44th most content in the UK*. We will all be pleased to hear that accountants trail behind at 45th.

Read more
Blog

Content Clergy, Satisfied Solicitors, and Bitter Barmen

Published on 15 October 2014. By William Jones, Senior Associate

A recent study by the Cabinet Office has found that the Solicitors' profession is the 44th most content in the UK*. We will all be pleased to hear that accountants trail behind at 45th.

Read more
Blog

The importance of commercial considerations in contractual construction

Published on 13 October 2014. By Chris Ross, Partner

The principles governing contractual interpretation under English law are reasonably well-established.

Read more
Blog

Don't (Calder) bank on an analogy to the Part 36 regime

Published on 10 October 2014. By Laura Stocks, Senior Associate

When a party makes a Part 36 Offer, the consequences are clear. The rules and sanctions for failure to beat a Part 36 Offer are set out in the Civil Procedure Rules.

Read more
Blog

Market Misconduct Tribunal gives Tiger Asia the "cold shoulder"

Published on 10 October 2014. By Jonathan Cary, Partner

Hong Kong's Market Misconduct Tribunal (the MMT) has banned Tiger Asia Management LLC (a hedge fund based in New York) and one of its principal officers from dealing in Hong Kong securities for four (of a maximum five) years.

Read more
Blog

HMRC lose employment status case

Published on 09 October 2014. By Kristiana Reynolds, Senior Associate

In the recent case of EMS (Independent Accident Management Services) Limited v HMRC [2014] UKFTT 891 (TC), the First-tier Tribunal (Tax Chamber) ("FTT"), found in favour of the taxpayer on the question of whether or not an employment relationship existed.

Read more
Blog

New UK Procurement Rules Published for Consultation

Published on 09 October 2014. By Mark Crichard, Partner

Draft new Public Contracts Regulations 2015 and a Consultation Document on UK Transposition of the new EU Procurement Directives have recently been published by the Cabinet Office. This paves the way for the 2014 Directives to be implemented in the UK early next year.

Read more
Blog

FCA COMPLETES THEMATIC REVIEW OF MOBILE BANKING AND PAYMENTS

Published on 07 October 2014. By Mark Crichard, Partner

The Financial Conduct Authority (FCA) has recently published its findings following its thematic review of mobile banking and payments.

Read more
Blog

No loss of confidence – causation in confidential information claims

Published on 07 October 2014. By David Cran, Partner and Louise Morgan, Senior Associate

Richmond Pharmacology Ltd v Chester Overseas Ltd, Milton Levine and Larry Levine [2014] EWHC 2692 (Ch)

Read more
Blog

Leveling the playing field - SFC conclusions on professional investor regime and client agreements

Published on 03 October 2014. By Jonathan Cary, Partner

Despite the ongoing political noise coming out of Hong Kong, commercial life and the operation of the financial markets continue unabated.

Read more
Blog

Unlimited leave = unlimited productivity?

02 October 2014

‘We should focus on what people get done, not on how many hours or days worked. Just as we don’t have a nine-to-five policy, we don’t need a vacation policy.’

Read more