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