The majority of people with a mobile phone or access to the internet have received unsolicited emails or calls from telemarketers (cold marketing). While the practice of cold marketing is decades-old, the recent awareness in data protection and privacy has affected this concept in recent times, particularly in relation to access to the data of consumers ...
The Department for Business, Energy and Industrial Strategy (BEIS) recently published a consultation on implementing a ban on the appointment of corporate directors. The proposed ban on appointing corporate directors to the board of UK companies is not new – the statutory provision for this is contained in the Small Business, Enterprise and Employment Act 2015 (SBEEA) – but this particular provision has not yet been brought into force ...
In the state of Ohio, a light-duty job offer is a strategic way to either bring an injured worker back to the workforce or bar temporary total compensation, should the injured worker reject a valid offer. Either way, it can aid employers in eliminating, minimizing, and/or stopping temporary total disability compensation from being paid in a claim ...
BackgroundSection 466(1)(a) of the Companies Act 2016 (“CA 2016”) provides that a company is deemed unable to pay its debts if it is indebted in a sum exceeding an amount prescribed and neglects to pay the sums stipulated in the notice of demand within 21 days of being served with the said notice.Through the issuance of the Prescription of Amount of Indebtedness of Company published on 26 January 2017 (“2017 Threshold Order”), this amount was fixed at RM10,000 ...
BackgroundOn 23 October 2020, the Malaysian government gazetted the Temporary Measures for Reducing the Impact of Coronavirus Disease 2019 (Covid-19) Act 2020 (“Covid-19 Act”). This Act, as evident from its name, is meant to provide temporary measures to ease the impact of Covid-19 on various sectors and industries in Malaysia. Areas addressed by the Covid-19 Act include inability to perform contracts, insolvency and limitation periods ...
Key issues The EU Insolvency Regulation has ceased to apply to the UK The English court acquires new grounds for jurisdiction under the EU EXIT Regulations Insolvency proceedings opened in an EU Member State may be recognised by the UK courts based on the UNCITRAL Model Law Cross-border insolvencies between the EU and the UK will likely become more time consuming, complex and expensive Recognition of UK scheme of arrangements is subject to the Hague Choice of Court Convention or t
The outlook for the year ahead is uncertain with the effects of post-Brexit rules to contend with and COVID-19 continuing to restrict the way we live and work. We look at what the year may have in store for the construction industry. COVID-19 There is no doubt that the pandemic has caused challenges for the construction industry and is likely to have a significant impact into 2021 ...
If parents cannot agree whether their children should be vaccinated, they can make an application under Section 8 of the Children Act 1989 to ask a judge to determine the issue. In M v H (Private Law Vaccination) [2020], the mother objected to the parties' two children aged six-years-old and four-years-old being given routine childhood vaccines in accordance with the NHS vaccination schedule ...
Although the start of 2020 also shook up the M&A world, the market recovered especially in the second half of the year. At Van Doorne, the M&A specialists experienced this in the number of transactions: 32 of them. This puts the firm in 8th place in the Mergermarket Benelux League Table, based on the number of deals. In 2020, in Europe almost $850 billion was spent on a total of 6,658 transactions. This is an increase of 5.6% compared to 2019 ...
This is a summary of the Annual Report. Click here to access the full guide. The 2020 proxy season shareholder proposals were already submitted before the COVID-19 shadow loomed large over the season; however, such shadow likely impacted how shareholders voted on the proposals themselves, impacted business throughout 2020, and continues to jolt 2021 and the forthcoming 2021 proxy season ...
In Changfeng Shipping Holdings Limited v Sinoriches Enterprises Co., Limited HCCT 59/2019; [2020] HKCFI 2703, the Hong Kong Court of First Instance laid down the principles applicable to service out of the jurisdiction of examination orders on officers of corporate judgment debtors pursuant to Order 48 rule 1 and Order 11 rule 9(4) of the Rules of the High Court (Cap. 4A) (RHC) ...
To boost the economy post-Brexit the government is committed to establishing up to 10 freeports across the UK and published a bidding prospectus at the end of last year. In our bitesize articles we provide a high-level overview of some of the key considerations if you are planning to participate in a bid and/or are considering the potential benefits of locating (or relocating) all or part of your business within a freeport (when established) ...
The Court of Protection is a specialist Court, focussing solely on supporting vulnerable individuals. This past year has acutely highlighted the needs of those most vulnerable in our society and their dependency on others to help manage their affairs. The Court has had to adjust its practices in order to ensure that help and solutions are found for those lacking capacity with minimal delay ...
In an admiralty action, can an intervener, not being the proper defendant, apply to set aside a warrant of arrest of a vessel on non-traditional grounds. The traditional grounds of setting aside warrant of arrest are, inter alia: in excess or lack of jurisdiction ...
2020 was a year of unprecedented circumstances and change, and more change is coming in 2021—this time, in the form of significant modifications to the nationwide permitting program. On September 15, 2020, the Army Corps of Engineers (Corps) published a notice of proposed rulemaking to reissue and modify nationwide permits (NWPs), ahead of the usual five-year reauthorization schedule for the current 2017 NWPs ...
How does one resolve a dispute involving thousands of individual items where it is impractical to deal separately with each one? A recent decision in the Technology and Construction Court provides some guidance - but raises further questions. The case is Standard Life Assurance Limited v Gleeds (UK)(a firm) and Others (December 2020, TCC). Standard Life had engaged Costain as its main contractor for the development of a large residential and retail development in Berkshire ...
On November 27, 2020, mainland China and the Hong Kong Special Administrative Region (“HKSAR”) signed the Supplemental Arrangement Concerning Mutual Enforcement of Arbitral Awards between the Mainland and the Hong Kong Special Administrative Region (the “Supplemental Arrangement”) ...
The Court of Appeal has overturned a decision by the Upper Tribunal and confirmed that a property guardianship scheme did not mitigate liability for business rates. Background Property guardians are individuals who temporarily live in empty property at reduced rents, ostensibly to protect it from damage and squatters. Typically, they are students, key workers or young professionals looking for cheap living space ...
Sometimes a claimant realises that it has made a mistake. Its case may be pleaded incorrectly, elements of its claim may be unsustainable or stronger claims could be available to it. With permission, amendments can be made but when do these changes become something more than a simple amendment? R G Carter In the recent case of R. G ...
A recent court of appeal decision has definitively clarified the test for assessing the enforceability of liquidated damages clauses in Singapore. Contracting parties intending to incorporate liquidated damages clauses must be mindful of the type of damages that may be recovered in the event of default, especially when exercising a contractual right to terminate the contract ...
A case note by Rajasingam Gothandapani and Lynnette Tan Hui Ling. INTRODUCTION It is trite that a declaration in Form D under section 8(1) of the Land Acquisition Act 1960 (“LAA”) lapses and becomes ineffective by effluxion of time if no award is made within two years from the date of its publication in the Gazette ...
In this article, Gan Shao Qi discusses some of the recent measures announced to facilitate fund raising by listed issuers through a rights issue in Malaysia to assist companies and businesses that require access to immediate funding due to Covid-19 ...
To avoid a complete halt in critical functions in society, the government proposed a new law, the Corona Law, which provided the government with the authority to give regulations that were contradictory to statutory law. The most prominent feature on the field of litigation was the court’s new ability to decide that an oral hearing should be held by the use of videoconference. Furthermore, the Supreme Court also showed their ability to adapt quickly to the new situation ...
For several years, pursuant to the Food Drug and Cosmetic Act and Federal Trade Commission Act,[i] the Food and Drug Administration (FDA) and Federal Trade Commission (FTC) have issued joint warning letters to CBD companies alleging labeling claims they made are false or misleading. According to the agencies, the claims being made by these CBD companies include assertions that their CBD products will treat or cure serious health conditions ...
