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The Court said that the restriction on assignment did not prevent a company from paying amounts actually received by it to the bank...

Witnesses can, in various circumstances, be subpoenaed by the Courts of overseas jurisdictions to attend to give evidence by way of depositions within that jurisdiction. So why not take that one step further and ask a foreign court to subpoena the witness to give evidence by live satellite video link to a Court in London? This would be the next best thing to having the witness present in Court. Indeed, the Commercial Court is increasingly amenable to evidence being given in this way (albeit on a

Is an agreement to negotiate in good faith or an agreement to mediate without any defined mediation procedure enforceable? Is an agreement not to arbitrate or litigate enforceable or is it against public policy to oust the jurisdiction of the courts?

Further changes to the Stamp Duty Land Tax (SDLT) legislation in this year's Finance Bill have once again changed the possibilities for effective SDLT planning. In particular, ‘JPUT schemes’ are no longer available, but structures using partnerships may offer a new alternative.

Many changes are expected in South Africa's company law, with the public hearings on the proposed amendments to the Act scheduled to commence on 20 February.

Employers commonly believe that they can forgo payment of a bonus by terminating the employment relationship before the payment due date, particularly where the employment contract makes payment conditional upon the employee remaining in service and not being under notice at that date.

The Office of Fair Trading (OFT) has just announced that during 2005, the construction and housing market, including services related to them, will be one of its five top priority areas for competition law enforcement. The OFT has announced that public procurement will be another. The OFT investigations will extend to and affect manufacturers of construction products.

No one can have escaped the stark warnings on climate change and the need for those responsible for funding, procuring and building new infrastructure to have one eye on "sustainable development".

The recent decision of the Court of Session in the case of Ardmore Construction Limited v Taylor Woodrow Construction Limited is a useful reminder that while it remains the courts' stated policy not to interfere with adjudication awards, where there has been a clear breach of natural justice, they will refuse to enforce the decision.

New standards will be developed to help major banks and insurers to collaborate with fledgling financial technology (fintech) companies, the UK government has announced.

Last year we advised you in a series of factsheets of the meaning and potential impact of the Information and Consultation Regulations (the Regulations).

Kirklees Council has been praised by the Employment Appeal Tribunal (EAT). This was for the 'measured, careful and sensitive way' in which a headteacher and the Education Authority handled a difficult issue concerning a devout Muslim bi-lingual support worker (the employee) who had been suspended for disobeying an instruction not to wear a veil when assisting a male teacher.

Trusts and Inheritance Tax - Finance Bill Changes The following is a summary of the changes introduced by the Finance Bill. Many of these are now in force but they could change if amendments are made whilst the Finance Bill is being debated by Parliament. The final position will therefore only be clear on Royal Assent (usually mid July).

The European Commission has taken its first step in encouraging greater private enforcement of competition law. In its recent Green Paper, it highlights the main obstacles to bringing damages actions for breach of EC competition law and explores various options that could be implemented to facilitate successful litigation.

The Scottish Court of Session has upheld the EAT's decision that an employer was entitled to reduce an employee's bonus pro rata to reflect her absence on maternity leave. The employee was not entitled to make a claim under the Sex Discrimination Act 1975 (the Act) since section 6(6) of the Act prevents monetary benefits regulated by a contract of employment from falling within the ambit of the Act.

The Finance Act was given Royal Assent on 19 July 2006. A number of amendments have been made to the proposed new rules as the Bill has gone through Parliament. The principal changes are documented within this update.