Alerts
Alerts archive 2009

Companies Act 2006: provisions coming into force on 1 October 2009

October 2009 will see the final round of implementation of the Companies Act 2006. This will bring to an end almost three years of changes in company law.

Litigation survival guide - part 5. Responding to the threat of winding-up

Although service of a statutory demand or winding-up petition on a company is a blunt and unsophisticated debt recovery tool, it will often have the desired effect for a creditor as they are seldom ignored and ignored only at the company's peril.

Opinions of the House of Lords in Generics (UK) Limited & others v. H Lundbeck A/S

The House of Lords has today handed down its opinions in the patent revocation battle between Generics and Lundbeck relating to Lundbeck's patent for the (+) enantiomer of citalopram, a leading anti-depressant drug.

Guilty until innocence proved for health and safety breaches

Following the decision of the House of Lords in R v Chargot Limited and Others, it has never been more important for companies and company officers to take health and safety seriously.

To buy or not to buy - when is the question

The headlines can make it feel as though hanging on for dear life is the only thing left to do in this economy. However, the same economic cycle that's brought us to this point can bring up some useful opportunities for those that spot them.

Banking update: report and review on recent cases and issues

Charging orders and intervening bankruptcy, enforcement of undertakings, disclosure under the Proceeds of Crime Act, Wragge & Co's banking and finance experts bring you the latest on the cases and issues affecting the lending industry.

To buy or not to buy - when is the question

The headlines can make it feel as though hanging on for dear life is the only thing left to do in this economy. However, the same economic cycle that's brought us to this point can bring up some useful opportunities for those that spot them.

London calling? - ECJ judgment delivered in West Tankers

The European Court of Justice has now delivered its decision in Allianz SpA v West Tankers Inc. It endorses the Advocate-General's Opinion.

The Pensions Regulator's latest statement on scheme funding: revolution or evolution?

The Pensions Regulator has issued a follow-up statement to the one it issued last autumn on scheme funding in the current economic climate. The statement as reported in the press appeared to give grounds for serious concerns.

Litigation survival guide - part 4. Winding-up your corporate debtor

The threat of insolvency proceedings against a corporate debtor can greatly assist a creditor's primary objective of getting paid, preferably in advance of everyone else.

Research scientist becomes a millionaire following first ever successful UK employee inventor compensation scheme claim

The UK High Court has granted its first-ever award of compensation under section 40 of the Patents Act 1977.

The ECJ provides further re-packaging guidance in the ZOVIRAX parallel imports case

The European Court of Justice has ruled on The Wellcome Foundation Ltd v Paranova Pharmazeutika Handels GmbH, 22 December 2008 (C-276/05).

Acting, noting and watching

Pension schemes sit in the wider economic context so it's understandable that much attention is being placed on how they should respond to the current financial turmoil.

What you need to know about climate change law

In October 2008, the UK Government created the Department for Energy and Climate Change, recognising the central role of energy in the climate change agenda. It's a global issue, to which global solutions (such as the Kyoto Protocol) have been proposed.

Heart valve case by-passes experimental-use exemption

There is a dearth of UK case law on the application and scope of the experimental-use defence since the 1985 Monsanto v Stauffer decision.

An A-Z of Islamic finance

Do you know your Maliki from your Muamalat? Or your Bai al ina from your Bay? Read a glossary of need-to-know terms from Wragge & Co's Islamic finance specialists.

Something for nothing... and your dividends for free

Practical tips for action to take from Wragge & Co's Tax team: get something for nothing and your dividends for free.

Notable changes in the Third Amendment to China's Patent Law

In January 2009, China's National People's Congress finally approved the third amendment of China's Patent Law after more than two years' deliberation.

Do smell-a-likes and look-a-likes take unfair advantage?

Advocate General Mengozzi of the European Court of Justice (ECJ) has delivered his opinion on the dispute between L'Oreal and Bellure relating to "smell-a-like" perfumes and "look-a-like" packaging.

Litigation survival guide - part 3. Retention of title: sellers beware!

With the effect of the global credit crunch hitting national and international trade, sellers should take a close look at their standard terms and conditions of sale to ensure that they have a valid retention of title (ROT) clause.

Property update - February 2009

Wragge & Co's real estate experts bring you the latest property law issues. Read their comment on these issues and take note of any action points that will help you and your organisation.

Planning an Annual General Meeting (AGM) in 2009

Companies on the Official List of the London Stock Exchange need to consider the latest regulatory changes and best practice guidance when planning their 2009 AGM.

Social networking sites sign up to EU code on child safety

Seventeen social networking websites have signed up to a European Commission voluntary code of practice. The code is designed to stamp out online bullying of children and raise awareness of how children can protect their personal information.

An opportunity for Insolvency Practitioners: no TUPE in pre-pack administrations?

The EAT has taken TUPE in a radical and, to Insolvency Practitioners, perhaps a welcome direction. The effect of the decision in Oakland v Wellswood (Yorkshire) Ltd is that it does not apply where a business is bought out of a pre-pack administration.

Waiving goodbye to a 'no-waiver clause'?

A party with the right to terminate an agreement for the other party's breach can lose that right even if that agreement contains a "no-waiver clause".

Don't take shortcuts: Ensure your deeds and documents are properly executed

Proper execution of deeds and documents is of absolutely fundamental importance. It is even more so in the current economic climate when parties, including insolvency practitioners, may seek to avoid legal obligations.

Employees: to employ or not to employ? And should we all be making sacrifices now?

The headlines can make it feel as though hanging on for dear life is the only thing left to do in this economy: however, the same economic cycle that's brought us to this point can bring up some useful opportunities for those that spot them.

Research & Development tax credits - can you make or defend a claim?

The Research & Development (R&D) tax credits help companies to invest more in R&D either by reducing a company's tax bill or, for some loss-making small or medium sized companies (SMEs), by providing a cash sum.

Litigation survival guide - part 2. Keep your friends close, keep your suppliers/customers closer - avoiding problems in the supply chain

Surviving the economic downturn is not just about looking after your own business. Monitoring the performance of significant customers/suppliers can be crucial to your financial performance.

Google fined for adwords policy

Google has been fined 350,000 euros by a French court for trade mark infringement resulting from its "adwords" policy. Kate Swaine, director in Wragge & Co's brands team, says "This issue is not going anyway for Google."

Low fat, high risk? BCAP consultation on nutrition and health claims

The Nutrition and Health Claims Regulations 1925/2006, effective from 1 July 2007, are the first piece of specific legislation that places controls on the use of nutrition and health claims in the advertising and labelling of foods.

Reclaiming tax from the Netherlands

UK pension funds which received dividends from Dutch companies on or before 31 December 2006 can now reclaim tax that was withheld on those dividends by the Netherlands tax authorities - claims will be possible for tax withheld as far back as 2003.