ArticleEU-U.S. Data Transfers Post Schrems IIn July, the EU-US Privacy Shield was invalidated by the Court of Justice of the European Union.GlobalPrivacyDavis+Gilbert LLP
ArticleBeneficial Interests in Loan AgreementsThe question of beneficial interests in rights under loan agreements has been considered recently by the English courts in two different contexts. In both cases the underlying transactions involved comparatively familiar structures – secondary market debt trading and conduit lending to take advantage of double tax agreements. However, both decisions highlight the need to consider carefully the operation of “boilerplate” provisions in the light of actual circumstances.United KingdomCorporate/Commercial LawBarlow Lyde & Gilbert LLP
ArticleCarbon Reduction Stick v Renewable Generation Carrot – Opportunities"By running our business responsibly and efficiently we reduce C02 emissions and costs - making progress on the environment and helping our customers save money" - Sir Terry Leahy (CEO, Tesco plc).United KingdomCorporate/Commercial LawBarlow Lyde & Gilbert LLP
ArticleRecent Changes To Execution Of Deeds And DocumentsA look at certain changes to the execution of deeds and documents came into effect on 15 September 2005. United KingdomCorporate/Commercial LawBarlow Lyde & Gilbert LLP
ArticleAre You Planning For Automatic Enrolment?The Pensions Act 2008 is a significant change as for the first time employers will be required to contribute to their employees’ pensions. United KingdomEmployment and HRBarlow Lyde & Gilbert LLP
ArticleChanges To The Moral Hazard PowersThe Government has announced changes that will extend the scope of the Pension Regulator's "moral hazard" powers introduced by the Pensions Act 2004 to protect the Pension Protection FundUnited KingdomEmployment and HRBarlow Lyde & Gilbert LLP
ArticleThe Default Retirement AgeThere has been much press coverage of the recent High Court decision in the Heyday case (brought by the charity now known as Age UK) with respect to the finding that the Default Retirement Age (DRA) of 65 in the Age Regulations is lawful. United KingdomEmployment and HRBarlow Lyde & Gilbert LLP
Article2011 Budget – Implications for the UK’s Energy SectorOn 23 March 2011 the Chancellor of the Exchequer, George Osborne, delivered his Budget statement to the House of Commons. United KingdomEnergy and Natural ResourcesBarlow Lyde & Gilbert LLP
ArticleEnergy Efficiency In BuildingsIn respect of non-dwellings, the key requirements of the Energy Performance of Buildings (Certificates and Inspections) (England and Wales) Regulations 2007 are summarised below.United KingdomEnergy and Natural ResourcesBarlow Lyde & Gilbert LLP
ArticleHow Not to Prejudice Your Future Job Prospects!The FSA can make orders which may have the effect of preventing individuals working in the financial services sector again.United KingdomFinance and BankingBarlow Lyde & Gilbert LLP
ArticleRecent Changes To Execution Of Deeds And DocumentsCertain changes to the execution of deeds and documents came into effect on 15 September 2005. The objective was to standardise the formal requirements for execution by companies, corporations and individuals in England and Wales. Whilst the changes are technical in nature, they have brought clarity in this area which should assist in the completion of transactions.United KingdomFinance and BankingBarlow Lyde & Gilbert LLP
ArticleThe Curious Tale Of The Lord Justices And The RampIn Smith, the House of Lords has given guidelines as to the extent of liability imposed on employers under the Provision and Use of Work Equipment Regulations 1998, for defective work equipment which is not owned, or under the immediate control of a defendant employer.United KingdomGovernment, Public SectorBarlow Lyde & Gilbert LLP
ArticleWhen Is A Company Insolvent?A new judgment of the Court of Appeal has made more complex and subjective the determination of whether a company is insolvent by reason of the so-called balance sheet test in section 123(2) Insolvency Act 1986.United KingdomInsolvency/Bankruptcy/Re-StructuringBarlow Lyde & Gilbert LLP
ArticleD&O Insurance On The Rise In BrazilDirectors and Officers (D&O) insurance is on the rise in Brazil. Depending on where you obtain the information, sales of D&O insurance in the first quarter of 2010 have grown by between 41 per cent and 45 per cent when compared to the same period in 2009.United KingdomInsuranceBarlow Lyde & Gilbert LLP
ArticleDoubt as to Whether Sex Discrimination in the Insurance Industry is to be OutlawedIn November 2003 the European Commission presented a proposal for a Council directive (the ‘‘Draft Directive’’) on equal treatment for men and women outside the workplace.United KingdomInsuranceBarlow Lyde & Gilbert LLP
ArticleEnglish Law Prevails in International Reinsurance DisputeA case on the governing law and jurisdiction of a reinsurance policy which did not contain a choice of governing law clause.United KingdomInsuranceBarlow Lyde & Gilbert LLP
ArticleProduct Recall Insurance – an "Airbag" to Soften the ImpactProduct recalls are not isolated events. Recalls range from lawnmowers; to bacteria infected fruit juices, to pharmaceutical products and to children's toys that can cause suffocation. Even the Reader's Digest was forced to recall 600,000 of its magazine because it published a dangerously faulty recipe! United KingdomInsuranceBarlow Lyde & Gilbert LLP
ArticleThe Streamlined Market - Electronic Claims FilesAfter some false starts the market is embracing electronic platforms. RI3K is reported to be handling an increasing amount of business, and the G6 Group at Lloyd's is going live with its "peer to peer" electronic system.United KingdomInsuranceBarlow Lyde & Gilbert LLP
Article‘‘Happy Litigators …Happy Mediators’’ The Court of Appeal MediatesThe issues surrounding the relationship between ADR and Mediation in the Civil Litigation arena.United KingdomInsuranceBarlow Lyde & Gilbert LLP
ArticleA Greek Tragedy in Central LondonThis trial of claims for police misfeasance, which rose from a three-day trial estimate to a seven-day hearing thanks to a combination of snowbound jurors and verbose claimant witnesses, had all the hallmarks of a Greek tragedy as a tale of family discord was played out in the unprepossessing surroundings of Central London County Court.United KingdomLitigation, Mediation & ArbitrationBarlow Lyde & Gilbert LLP