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  • Article

    A Cold Wind Blowing?

    The Commercial Court has been busy with a plethora of judgments involving freezing orders being handed down over the summer months.
    United KingdomLitigation, Mediation & Arbitration
    Shoosmiths
    Shoosmiths
  • Article

    Guidance From The Supreme Court On Liquidated Damages

    The Supreme Court provided some welcome clarification on the law relating to liquidated damages in the recent judgment of Triple Point Technology Inc (Respondent) v PTT Public Company Ltd (Appellant) (2021).
    United KingdomReal Estate and Construction
    Shoosmiths
    Shoosmiths
  • Article

    RPDT With Six Months To Go - The Shape But Not The Rate Of The Residential Property Developer Tax

    This week the government has published the draft legislation for the residential property developer tax ("RPDT") for technical consultation.
    United KingdomTax
    Shoosmiths
    Shoosmiths
  • Article

    China On The Move

    John Buyers of Stephenson Harwood explores some of the key issues surrounding China’s determination to be an offshore services giant.
    ChinaEmployment and HR
    Shoosmiths
    Shoosmiths
  • Article

    Court Of Appeal Rules Investor Has No Contractual Right Of Action Against Issuer In Respect Of Bearer Notes

    The Court of Appeal has ruled that an investor with an interest in promissory Notes does not have a direct claim against the issuer for breach of contract in respect of allegedly misleading statements made in the issuance documentation.
    United KingdomCorporate/Commercial Law
    Shoosmiths
    Shoosmiths
  • Article

    Forfeiture Of Pensions Arrears – A Drafting Lottery?

    In a case concerning the validity and effect of certain deeds relating to pension increases, the High Court has handed down its judgement.
    United KingdomEmployment and HR
    Shoosmiths
    Shoosmiths
  • Article

    Operating Forklift Trucks: LOLER And The Wider Legal Framework

    Forklift trucks present significant workplace hazards requiring careful regulatory compliance. This article examines the Lifting Operations and Lifting Equipment Regulations 1998 (LOLER) and related health and safety legislation, explaining key duties around equipment strength, thorough examination requirements, and practical compliance measures for organizations operating lifting equipment.
    United KingdomEmployment and HR
    Shoosmiths LLP
    Shoosmiths LLP
  • Article

    Construction Of A Series Of Agreements

    In Royal Bank of Scotland PLC v Highland Financial Partners LP & Ors [2010] EWCA Civ 809, the Court of Appeal considered points of construction of agreements entered into in respect of a proposed collateralised debt obligation.
    United KingdomLitigation, Mediation & Arbitration
    Shoosmiths
    Shoosmiths
  • Article

    Recent Developments In Finance Litigation: Guarantees – Primary Or Secondary Liability?

    In IIG Capital LLC v Van Der Merwe & Anor [2008] EWCA Civ 542, the Court of Appeal upheld the decision of the High Court that a director’s guarantee was a primary obligation that was payable on demand.
    United KingdomLitigation, Mediation & Arbitration
    Shoosmiths
    Shoosmiths
  • Article

    CAPITAL Letters - Issue 27

    The remittance rules used to be both easy to understand and apply but, following the 2008 reforms to the taxation of non-doms, significant revisions were mad ...
    United KingdomCorporate/Commercial Law
    Shoosmiths
    Shoosmiths
  • Article

    COT's Top Four Commercial Issues - February 2018

    Welcome to February's edition, which no doubt finds you huddled around a heater with your colleagues until the Siberian blanket of snow lifts.
    United KingdomCorporate/Commercial Law
    Shoosmiths
    Shoosmiths
  • Article

    Pensions Snapshot - June 2018

    This edition of snapshot summarises some of the key legal and regulatory developments that occurred up to the end of May 2018 in relation to occupational pension schemes.
    United KingdomEmployment and HR
    Shoosmiths
    Shoosmiths
  • Article

    Article 29 Data Protection Working Party GDPR Guidelines On Breach Notification

    Article 33 the GDPR introduces the requirement for a personal data breach to be notified to the competent national supervisory authority or in the case of a cross-border breach, to the lead authority.
    United KingdomPrivacy
    Shoosmiths
    Shoosmiths
  • Article

    Levelling Up – A Compelling Case For CPO?

    The powers of each Mayor and Combined Authority vary but a common thread is the use of devolved planning powers to accelerate housing delivery.
    United KingdomReal Estate and Construction
    Shoosmiths
    Shoosmiths
  • Article

    Is The Aviation Sector Primed For Take-off?

    Shoosmiths latest SAMBA aviation webinar on 20 May attracted around 50 delegates to listen to our panel guests share their views on how recent events, including COVID, Brexit and climate change,...
    United KingdomTransport
    Shoosmiths
    Shoosmiths
  • Article

    Pensions Snapshot - January 2018

    This edition of snapshot summarises some of the key legal and regulatory developments that occurred up to the end of December 2017 in relation to occupational pension schemes.
    United KingdomEmployment and HR
    Shoosmiths
    Shoosmiths
  • Article

    Recent Developments In Finance Litigation: Privity Of Contract Between Principal And Collecting Bank

    In Grosvenor Casinos Limited v National Bank of Abu Dhabi [2008] EWHC 511 (Comm) it was held that the Uniform Rules for Collection 522 did not create privity of contract between a principal and collecting bank.
    United KingdomLitigation, Mediation & Arbitration
    Shoosmiths
    Shoosmiths
  • Article

    Consultation On The Withholding Tax Regime: What You Need To Know

    The UK Government has launched a consultation proposing significant changes to the withholding tax regime on interest payments to overseas lenders. The proposed reforms would shift from HMRC's current gatekeeping role to a self-assessment system where UK borrowers independently determine treaty relief eligibility, fundamentally altering compliance responsibilities and risk allocation in cross-border lending arrangements.
    United KingdomTax
    Shoosmiths LLP
    Shoosmiths LLP
  • Article

    Maintaining The Validity Of Guarantees

    In Bank of Scotland Plc v (1) Constantine Makris (2) Ben O'Sullivan (2009) (Ch D), the Court considered the validity of a guarantee in light of a variation to the underlying facility agreement between the bank and the borrower company in the form of a reduction in the amount of the facility.
    United KingdomFinance and Banking
    Shoosmiths
    Shoosmiths
  • Article

    Can Use Of A Company Name Be Trade Mark Infringement?

    In Céline SARL v Céline SA, the European Court of Justice (“ECJ”) considered a reference from the French Court of Appeal in relation to use of a term as a company name and whether it could amount to trade mark infringement.
    United KingdomIntellectual Property
    Shoosmiths
    Shoosmiths

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