Alerts
Alerts archive 2010

Rights of residency of child's primary carer

The European Court of Justice has handed down two key decisions regarding the rights of residency for primary carers of children in education.

Through the Looking Glass: make sure your liability clause means what you want it to mean

"When I use a word," Humpty Dumpty said in a rather scornful tone, "it means just what I choose it to mean, neither more nor less" (Lewis Carroll, Alice, Through the Looking Glass).

Banking update: report and review on recent cases and issues

Obtaining information despite stay of enforcement, the need to act in good faith, recoverability of costs in small claims, penalty for destroying documents and a consultation on orders for sale for Consumer Credit Act debts.

Two contracts, two clauses - what happens?

On 12 February 2010, the English Commercial Court handed down a helpful judgment in Norscot Rig Management PVT Limited -v- Essar Oilfields Services Limited.

Defined Contribution - focus on investment governance

Although nine years have passed since the Myners' Principles were first introduced, concerns remain about investment governance in pensions.

Dilution of vodka prevented by High Court

In the Diageo North America, Inc r v Intercontinental Brands case the owners of the famous 'Smirnoff' brand of vodka have succeeded in establishing extended passing off against InterContinental Brands in respect of its Vodkat alcoholic beverage.

Before you charge in - part 2. Governing law and jurisdiction - how to save yourself a headache at the outset

Any contract of substance, and certainly one with an international element, should contain both a governing law and a jurisdiction clause. Consider the following tips on what to think about when drafting these clauses.

Property Update - February 2010

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.

Upstream without a paddle

The Court of Appeal has found in Eli Lilly and Company v Human Genome Sciences Inc that HGS' patent for a protein called by HGS "Neutrokine-a", antibodies to it and the polynucleotide sequence encoding for it was invalid for lack of industrial application.

Not so fine! £500,000 fine for corporate manslaughter and £100,000 fine for health and safety offences causing death.

Fines of seldom less than £500,000 and £100,000 respectively will be handed out to organisations guilty of corporate manslaughter and health and safety offences causing death under the Sentencing Guidelines Council's guidelines published on 10 February.

'Fit notes' to be introduced from 6 April

The demise of the sick note as we have known it for more than 60 years is nigh! The existing sick note will be replaced with a new Statement of Fitness for Work, the so-called 'fit note'.

Reporting under POCA - the need for a human process and clear audit trail

The decision of the Court of Appeal in Shah & another v HSBC Private Bank (UK) Ltd will give lenders some cause for concern.

Feathering the NEST egg - the final shape of workplace pension reform

Costly changes are coming which will affect employers and pension schemes.

Public equity financing: a new era?

2008 and 2009 were notoriously lean years for public listings in the UK. However, 2010 could bring a new era of popularity for initial public offerings (IPOs) as companies look for alternatives to the continuing challenging debt market.