The Legal 500

Legal Developments in the UK

• Finding the 
right words

  In the recent case of Newbury v Sun Microsystems [2013], the defendant argued that an offer to settle proceedings was ‘in principle' only and that a binding contract could not be formed until further terms had been agreed and a formal contract had been signed. It supported this argument by referring to a statement, in the offer letter, that the settlement was to be ‘recorded in a suitably worded agreement'. 

  - Macfarlanes

• Behind the corporate veil: is that all there is?

  That companies have an existence entirely separate to that of their shareholders and directors is a foundational principle of English law and commerce.

  - Macfarlanes

• Restoring environmental damage: putting a price on ecosystem services

  On 7 August 2009 a 40-inch pipeline ruptured, spilling 5,400 cubic metres of crude oil into the soil and groundwater of La Crau nature reserve in southern France, a habitat protected under French and European law. The operator had to excavate and replace 60,000 tons of soil, install 70 wells to pump and treat groundwater and 25 pumps to skim oil from surface water, at a cost in the region of €50m. However, this was just the primary remediation (that is, restoring the site to the state it would have been if the damage had not occurred). The operator was also required to compensate for the damage to the habitats and the loss of the ecosystem services that would otherwise have been provided by La Crau nature reserve. Measures included purchasing land outside of the nature reserve and contributing to its management for a period of 30 years (over €1m), monitoring the water table for 20 years (over €500,000), monitoring fauna over three years (€150,000) and rehabilitation in accordance with best available ecological techniques (nearly €2m). Overall, the compensatory restoration (to compensate for the amount of time that the ecosystem was impacted) and complimentary restoration (to compensate for elements of the ecosystem that had been permanently lost) came to more than €6.5m. 

  - Burges Salmon LLP

• The role of arbitrators in EU antitrust law

  In May 2014, it will be ten years since Regulation No 1/2003 entered into force. When the legislator of the European Union adopted this Regulation on 16 December 2002, its main objective was to decentralise the enforcement of the two main provisions of EU antitrust law, Articles 81 and 82 of the Treaty establishing the European Community (now Articles 101 and 102 of the Treaty on the Functioning of the European Union (TFEU)). Where do the arbitrators fit in this picture?

  - Arnold & Porter (UK) LLP

• New Immigration Bill, October 2013: cause for concern or appeasing public sentiment?

  The year 2013 has seen a string of reforms to the immigration system by the current coalition government. On 10 October, the government published a Bill aimed at continuing its drive to reduce net migration figures. 

  - Magrath LLP

• New Schengen EU Regulations: impact on short-stay visa visitors

  The publication on 26 June 2013 of the European Union Regulation EU 610/2013 modified the incumbent Regulation EU 562/2006 in relation to third country nationals (ie non-EU citizens) and those travelling on a short-stay visitor visa, as well as those who do not require a visa to enter the Schengen area, Romania, Croatia and Bulgaria. Exceptions include EU and EEA nationals travelling to other EU/EEA states within the Schengen area together with foreign nationals holding either long-stay or residence permits for their destination Schengen countries.

  - Magrath LLP

• New revised guidelines for administrators in pre-pack sales

  Pre-pack sales by administrators are now used frequently enough for most people in business to be aware of them and many have come across them in their business lives. A small amount of controversy still attaches to pre-packs, but it is probably right to say that they are now an accepted part of the UK business scene as a useful means of rescuing a business in difficulty and preserving some or all of the jobs connected with the business.
  - Druces

• Silence is not always golden

  In PGF II SA v OMFS Company 1 Ltd [2013], the Court of Appeal considered, for the first time, whether a failure by a party to respond to an invitation to mediate should be treated as an unreasonable refusal to mediate - previous cases having focused on situations where there had been an express refusal to do so. 

  - Macfarlanes

• Continued uncertainty for international manufacturers in the US

  For manufacturers that export, a key strategic issue for in-house counsel is assessing the risk of being sued in another jurisdiction - particularly the US. 

  - Shook, Hardy & Bacon International LLP

• Parking rights: here to stay? Consent might be the surprising answer 


  In the field of the acquisition of easements by prescription, little has caused more consternation over the last decade or so than the question of whether a right to park cars can be acquired by twenty years user as of right. The types of property capable of being adversely affected range from individual residential units all the way up to major development sites. The establishment of such a right can have a devastating impact on the value of the burdened land.

  - Falcon Chambers