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  • Article

    Compromise Agreements: Employee´s Breach Causes Windfall For Employer

    Compromise agreements, if properly drafted, constitute a valid waiver of statutory and contractual claims that an individual may have against their employer or former employer, in return for almost invariably a cash payment.
    United KingdomEmployment and HR
    Barlow Lyde & Gilbert LLP
    Barlow Lyde & Gilbert LLP
  • Article

    Anti-Suit Injunctions In Favour Of Arbitration Agreements Reinforced

    The Court of Appeal confirms that English courts may impose anti-suit injunctions in respect of foreign proceedings to prevent a breach of an arbitration agreement even in circumstances where there is no actual or intended arbitration.
    United KingdomLitigation, Mediation & Arbitration
    Barlow Lyde & Gilbert LLP
    Barlow Lyde & Gilbert LLP
  • Article

    From On Fire To Under Fire: Marketplace Lending Enters 2018 Taking On Flak

    Familiarity might breed contempt, but it seems nothing brings out the detractors like success
    United StatesFinance and Banking
    Davis+Gilbert LLP
    Davis+Gilbert LLP
  • Article

    Aviation Focus on Latin America

    Mexico's national air transport chamber (Canaero) has reported that the country's load factor reduced between 10 per cent and 15 per cent in 2009.
    GlobalTransport
    Barlow Lyde & Gilbert LLP
    Barlow Lyde & Gilbert LLP
  • Article

    Aircraft Maintenance: Commercial Court ruling on ETOPS compliance

    A recent unreported Commercial Court decision has illustrated difficulties which may arise on the drafting and assignment of a "power by the hour" engine maintenance agreement.
    SingaporeTransport
    Barlow Lyde & Gilbert LLP
    Barlow Lyde & Gilbert LLP
  • Article

    Protection of Rights of Passengers Using Thai Airlines for Domestic Flights

    On the 24th December 2003, the Ministry of Communications in Thailand announced a new regulation governing the rights of passengers whose domestic flights are delayed or cancelled or suffer an accident. The measures are applicable to scheduled domestic airlines only and took effect on 24th December.
    ThailandTransport
    Barlow Lyde & Gilbert LLP
    Barlow Lyde & Gilbert LLP
  • Article

    Corporate Manslaughter – Court Of Appeal Upholds First Conviction Under The Corporate Homicide Act 2007

    Under section 1 of the Corporate Homicide Act 2007, which came into force in April 2008, an organisation is guilty of corporate manslaughter if the way in which it manages or organises its activities causes a person's death and amounts to a gross breach of a relevant duty of care owed by the organisation to the deceased.
    United KingdomCorporate/Commercial Law
    Barlow Lyde & Gilbert LLP
    Barlow Lyde & Gilbert LLP
  • Article

    Directors' Regulatory Exposures - a Global Explosion

    Regulatory and criminal investigations into companies and their management are a growing source of exposure for both those involved in the investigation and their D&O insurers.
    United KingdomCorporate/Commercial Law
    Barlow Lyde & Gilbert LLP
    Barlow Lyde & Gilbert LLP
  • Article

    Letters of Comfort Readdressed

    United KingdomCorporate/Commercial Law
    Barlow Lyde & Gilbert LLP
    Barlow Lyde & Gilbert LLP
  • Article

    Policy Wordings for the Insurance of Stock Held for Third Parties

    Stuart Hall and Andrew Forsyth recently acted in a Court of Appeal hearing on behalf of the Insurers of a warehousing and retail business. The Insurers successfully opposed the Assured’s appeal against a decision of the Commercial Court on a preliminary issue of policy construction which concerned the insurance of stock that had been bailed to the Assured by third parties.
    United KingdomCorporate/Commercial Law
    Barlow Lyde & Gilbert LLP
    Barlow Lyde & Gilbert LLP
  • Article

    Brook Street Bureau (UK) Ltd v Dacas: The Practical Consequences

    The Court of Appeal has radically changed the established law relating to workers provided by employment agencies. This article explores the consequences.
    United KingdomEmployment and HR
    Barlow Lyde & Gilbert LLP
    Barlow Lyde & Gilbert LLP
  • Article

    Outsourcing Disputes - The Dangers Of Ambiguity

    A successful outsourcing arrangement ideally requires an agreement which provides an unambiguous structure for the parties’ ongoing relationship. Theoretically, clarity should obviate dispute.
    United KingdomEmployment and HR
    Barlow Lyde & Gilbert LLP
    Barlow Lyde & Gilbert LLP
  • Article

    Coalition Speaks on Energy (again) – Devil in the Detail

    Following the brief UK government coalition statement published on 12 May, further details were added in another coalition publication on 20 May. Despite a re-ordering and tidying, little extra substantive flesh is added to energy policy upon a first reading but the devil may be in the detail.
    United KingdomEnergy and Natural Resources
    Barlow Lyde & Gilbert LLP
    Barlow Lyde & Gilbert LLP
  • Article

    Connected Lender Liability

    In Office of Fair Trading ("OFT") v Lloyds TSB Bank plc, Tesco Personal Finance Limited Ltd and American Express Services Europe ("Respondents") (2006), the OFT appealed against a decision that credit card transactions entered into abroad did not attract connected lender liability under s75(1) of the Consumer Credit Act 1974 (the "Act").
    United KingdomFinance and Banking
    Barlow Lyde & Gilbert LLP
    Barlow Lyde & Gilbert LLP
  • Article

    DVT Update: Air Carriers Winning the Argument on Failure to Warn

    Despite concerns as to the possible ramifications for DVT claims of the US Supreme Court’s judgment in Husain v Olympic Airlines, DVT decisions around the globe are currently going in favour of the airlines in finding no cause of action based on failure to warn.
    United KingdomInsurance
    Barlow Lyde & Gilbert LLP
    Barlow Lyde & Gilbert LLP
  • Article

    A Duty of Care in Claims Adjustment?

    In the recent Court of Appeal decision in <B>Drake v Provident </B>(2003), the Court once again had to consider the extent to which the duty of good faith continued post contract, this time from the insurer’s stand point.
    United KingdomInsurance
    Barlow Lyde & Gilbert LLP
    Barlow Lyde & Gilbert LLP
  • Article

    Payment Protection Insurance - Attacked on All Sides?

    The PPI sector is currently receiving unprecedented regulatory scrutiny. The possible consequences of this scrutiny are as yet unclear but it seems likely that both the terms on which this insurance is offered and the way in which it is sold will need to change significantly.
    United KingdomInsurance
    Barlow Lyde & Gilbert LLP
    Barlow Lyde & Gilbert LLP
  • Article

    Reinsurance And Internationl Risk - Known Knowns, Known Unknowns And Unknown Unknowns

    There can be no doubt how hard the sub-prime crisis and the ensuing credit crunch have hit the financial markets. Similarly, insurers and reinsurers have been damaged (some critically so) by their investment strategies.
    United KingdomInsurance
    Barlow Lyde & Gilbert LLP
    Barlow Lyde & Gilbert LLP
  • Article

    Asbestos

    The legal battle that has raged in recent months in relation to the actionability of pleural plaques is almost at an end. The House of Lords heard the appeals in "Rothwell v Chemical & Insulating Co Ltd" and a number of other cases in June 2007.
    United KingdomLitigation, Mediation & Arbitration
    Barlow Lyde & Gilbert LLP
    Barlow Lyde & Gilbert LLP
  • Article

    Clearing Up West Tankers

    Although the ECJ decision in Allianz SpA and Another v West Tankers Inc Case 185/07 of 10 February 2009 (“the West Tankers decision”) confirmed that under European Council Regulation No 44/2001 (“the Regulation”) any EU member state court, even one having supervisory jurisdiction over an arbitration, could not order the court of another member state to halt proceedings issued there in breach of the arbitration agreement, it did not deal with how the potential problems arising from parallel proce
    United KingdomLitigation, Mediation & Arbitration
    Barlow Lyde & Gilbert LLP
    Barlow Lyde & Gilbert LLP
  • Showing 201–220 of 1780 results

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