ArticleFocus Antitrust - 28 August 2014Details of appeals by The Goldman Sachs Group and six other companies fined by the European Commission for their cartel participation have been published.United KingdomAntitrust/Competition LawCharles Russell Speechlys LLP
ArticleFocus Antitrust - 29 April 2015The CMA has formally cleared the completed acquisition by Xchanging of certain companies comprising all of the European operations of Agencyport. United KingdomAntitrust/Competition LawCharles Russell Speechlys LLP
ArticleProperty Misdescriptions Act 1991 RepealedFrom 1 October 2013, the government has repealed the Property Misdescriptions Act 1991.United KingdomConsumer ProtectionCharles Russell Speechlys LLP
ArticleContract Can Be Made In Two JurisdictionsA dispute arose over misuse of confidential information of CIT (an English company) by UPD, (a Texan company) which was alleged to be in breach of an NDA.United KingdomCorporate/Commercial LawCharles Russell Speechlys LLP
ArticleFurther Confirmation That A "Take Or Pay" Clause Can Be A PenaltyThis case concerned a clause in a contract (not drafted by lawyers) which stated that: "The [Department] hereby undertakes to purchase a minimum of 500 days of Consultancy from [E-Nik] per year based on project requirement…". United KingdomCorporate/Commercial LawCharles Russell Speechlys LLP
ArticleHMRC's Crackdown On Contractors: Government Publishes Draft Legislation Reforming IR35 Rules In The Private SectorIn the recent draft Finance Bill published on 11 July, the Government has confirmed that the proposed changes to the off-payroll working rules (commonly known as "IR35" United KingdomCorporate/Commercial LawCharles Russell Speechlys
ArticlePublic Company Update - May 2013The May edition of our biannual PLC Update, aimed at directors and in-house counsel of listed companies, nomads/brokers and sponsors, and other interested corporate finance professionals and intermediaries.United KingdomCorporate/Commercial LawCharles Russell Speechlys LLP
ArticleRecital Creates An EstoppelA discussion on the judicial findings in Prime Sight Limited v Lavarello (Official Trustee) [2013] UK PC 22.United KingdomCorporate/Commercial LawCharles Russell Speechlys LLP
ArticleSignature Was In Personal CapacityWhere a person signed above the trading name of his company, he was held to have signed personally because there was nothing to indicate that the trading name was that of a company.United KingdomCorporate/Commercial LawCharles Russell Speechlys LLP
ArticleThird Party Rights Where There Is An Arbitration ClauseArbitration clauses have a special status in relation to third party rights. United KingdomCorporate/Commercial LawCharles Russell Speechlys LLP
ArticleConsultancy Charges To Be Banned In Auto Enrolment SchemesPensions minister Steve Webb released a ministerial statement on 10 May which confirmed the government's intention to ban consultancy charging "as soon as possible".United KingdomEmployment and HRCharles Russell Speechlys LLP
ArticleFlexible Working - Less Than A Week To GoFrom 30 June, the right to make a flexible working request is being extended to all employees with at least 26 weeks' service.United KingdomEmployment and HRCharles Russell Speechlys LLP
ArticleHigh Court Dismisses Appeal Against Ruling That Changing The State Pension Age For Women From 60 To 66 Is Not Unlawful DiscriminationEarlier this week, the High Court dismissed two women's appeal against a ruling that the Governments introduction of the same state pension age for men United KingdomEmployment and HRCharles Russell Speechlys LLP
ArticleHoliday Pay – Should Commission Be Included?The ECJ has held in Lock v British Gas Trading Ltd that commission should be included in holiday pay as under the Working Time Directive ("WTD") a worker is entitled to receive their "normal remuneration" and should not suffer any financial disadvantage which would discourage him/her from taking holidayUnited KingdomEmployment and HRCharles Russell Speechlys LLP
ArticleIt's Pensions Awareness WeekThis week is Pensions Awareness Week. It is often not understood that the majority of domestic pensions (excluding the basic state pension and new state pension) are capable of being shared...United KingdomEmployment and HRCharles Russell Speechlys LLP
ArticleTUPE And Pension Rights - Some ChangesTUPE transfers give rise to very complex pension issues, as illustrated in the case of Proctor & Gamble Company v Svenska Cellulosa Aktiebolaget SCA & Other [2012] EWHC 1257 (Ch), which we reported on in August. United KingdomEmployment and HRCharles Russell Speechlys LLP
ArticleDatacentres And Hydrogen: A New DawnDiesel powered generators have long provided support to data centres if there are power outages or other disruptions to service – they are expensive and rarely used.United KingdomEnergy and Natural ResourcesCharles Russell Speechlys LLP
ArticleIT Suppliers May Not Be Able To Terminate On Customer InsolvencyThe Government is considering extending this protection to IT supplies on the basis that they are equally critical to the continued operation of an insolvent business. United KingdomInsolvency/Bankruptcy/Re-StructuringCharles Russell Speechlys LLP
ArticleAnother Blow For The Rent Deposit Burdens Of Ast LandlordsLandlords of any assured shorthold tenancy ("AST") have been dealt another blow by the courts, following the decision in Gardner v McCusker.United KingdomReal Estate and ConstructionCharles Russell Speechlys LLP
ArticleImportant Changes To UK Taxation Of Residential PropertyThe Chancellor of the Exchequer's Autumn Statement on 3 December 2014 announced radical changes to the stamp duty land tax (SDLT) regime.United KingdomTaxCharles Russell Speechlys LLP