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<連載コラム・欧州M&A最前線>2018年3月

Published on 23 March 2018. By Nigel Collins, Partner, Head of Japan Desk

この原稿を書きながら窓の外を眺め、英国にもようやく春が来たのではないかと期待している。今年はずいぶん待たされた。これほど長く厳しい冬に耐えた後には、きっと暑くて長い夏が来ると思いたい。

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Blog

Using data to bring innovative products to the market … and keep them there

Published on 22 March 2018. By Peter Rudd-Clarke, Legal Director

There are now more and more opportunities to collect and use health data to innovate, improve efficiency and improve care. The same data could prove very useful in responding to the threat of litigation too

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Blog

Taylor Wimpey – Upper Tribunal clarifies the application of the 'builder's block' scheme

Published on 20 March 2018. By Michelle Sloane, Senior Associate

In Taylor Wimpey Plc v HMRC [2018] UKUT 55, the Upper Tribunal (UT) has allowed in part the taxpayer's appeal in relation to its claim to recover input VAT incurred on the provision of certain white goods, kitchen appliances and carpets installed in newly built houses.

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Blog

SFC requires ICO to be withdrawn from Hong Kong public

Published on 20 March 2018. By Jonathan Crompton, Partner and Jessica Wong, Associate

On 19 March 2018 the Securities and Futures Commission (SFC) announced that it had halted an initial coin offering (ICO) to the Hong Kong public by Black Cell Technology Limited (Black Cell).

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Publication

Enhancing the cross-border distribution of collective investment funds

Published on 16 March 2018. By William L. Jones, Senior Associate

The European Commission has published a draft Regulation and Directive on the cross-border distribution of investment funds. The aim is to establish a genuine internal capital market by addressing fragmentation and removing regulatory barriers (namely Member States’ marketing requirements, regulatory fees and notification and administrative requirements), which can all prevent the cross-border distribution of investment funds in the European Union.

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Blog

The High Court confirms the availability of Bankers Trust orders to trustee Claimants seeking to recover misappropriated assets

Published on 16 March 2018. By Jonathan Cary, Partner

The decision of the High Court in Miles Smith Broking Limited –v– Barclays Bank PLC has confirmed for the first time the availability of the commonly encountered Bankers Trust order to trustee Claimants of stolen/misappropriated property, highlighting the flexibility of the Court's equitable jurisdiction when presented with new situations. The decision also serves as a neat illustration of the Court's willingness to grant Norwich Pharmacal relief to facilitate the recovery of unlawfully dissipated assets and the types of complimentary interim remedies available to Claimants for that purpose.

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Blog

Litigation privilege: whose privilege?

Published on 15 March 2018. By Davina Given, Partner and Christopher Whitehouse, Associate

The claimants, companies in the corporate group of the mining company MMG, applied to inspect certain documents created in foreign proceedings over which the defendants, companies belonging to the mining company Glencore, asserted litigation privilege.

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Blog

Frederick & Others v Positive Solutions Limited – a win for principals on vicarious liability

Published on 14 March 2018. By David Allinson, Senior Associate and Lucy Joyce, Associate

The Court of Appeal has reinforced the idea that liability will only attach to a principal in cases where a tort committed by an agent can be shown to have been completed as an integral part of the business activities of the principal. Furthermore, all elements composing the tort must take place within the course of the agency. The case thickens the lines defining what conduct of an agent could lead to recovery from the principal.

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Blog

Bawa-Garba case exposes shortcomings in management of medical errors

Published on 14 March 2018. By Ella Shanks, Trainee Solicitor

Urgent government review of medical malpractice underway following conviction of Dr Bawa-Garba and the management of medical mistakes.

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Blog

Towers Watson – Tribunal confirms HMRC cannot raise new matters not covered in a closure notice

Published on 13 March 2018. By Alexis Armitage, Associate

In Towers Watson Limited v HMRC [2017] TC06241, the First-tier Tribunal (FTT) has held that HMRC cannot raise new matters which were not covered in the closure notice which it had issued to the appellant company.

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