This primer provides an overview of Dispute Resolution in England and Wales and includes:<br />court procedure; legal practice which includes conflicts of interests and information barriers; and Money laundering, proceeds of crime and funds related to terrorism; documents and the protection of privilege; production of documents in civil litigation; alternatives to litigation that includes arbitration, mediation and alternative dispute resolution.
The aim of a liquidated damages clause is to specify in advance the indemnification for a party that suffers from a breach of contractual obligations. Non-performance of a contract, without any evidence of actual damage, is grounds for pre-estimated compensation. This clause obviously limits the necessity to seek indemnification in court and is in demand in business contracts. However, if challenged, its efficiency may be greatly reduced by the intervention of a judge who has the power to modify the amount of the compensation determined in the contract. The distinction between liquidated damages and penalty clauses has a greater impact in common law countries than in those influenced by Civil Code tradition. This QuickCounsel assesses several court decisions in various European countries that bring to light these differences.
In this briefing we look back at some of the most noteworthy market and legal developments in restructuring and insolvency in 2013.
This due diligence questionnaire is intended to assist you in understanding a risk assessment of proposed business partners before you engage any third party to perform services on behalf of the Company.
This risk assessment framework is intended to assist you in identifying the key internal and external competition risks facing our business.
This risk assessment framework is intended to assist you in identifying the key internal and external bribery risks facing your business.
This brief article reviews regulations applicable to crowd-funding in France, the United Kingdom, and Italy, with some discussion of the practical application of the rules.
The draft Finance Bill 2014 proposes a number of changes to the approval process for employee share schemes. The changes include the introduction of an electronic notification process and online annual return filing system and the replacement of the HMRC approval process by a self-certification regime. Enactment of the Bill is expected by summer 2014. The following article summarizing the impact of the Bill as currently proposed and the steps companies will need to take.
This primer provides an overview of how the competition legislation is currently enforced in the UK by the OFT. The OFT has noted that detecting and taking enforcement action against cartels is a priority and there is likely to be high financial penalties for taking part in cartel activity.
This primer provides an overview of cooperation with other jurisdictions in the application of the EU competition rules together with an understanding of the jurisdictional limitations, affirmative defences and exemptions. It discusses in detail the framework principles for the Commission’s leniency policy set out in the Commission Notice on Immunity from Fines and Reduction of Fines in Cartel Cases (the Leniency Notice).