In Fishbourne Developments Limited v Stephens, the Court of Appeal emphasised the importance of applying commercial common sense and considering the relevant factual background to a case when interpreting contracts. Fishbourne, a developer, had the benefit of an option to acquire a 117 acre farm in West Sussex ...
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 ...
The Oregon Supreme Court recently reversed a decision of the Oregon Court of Appeals and determined that the lease of a vested hydroelectric water right to the state for instream uses did not qualify as the “use of water under a hydroelectric water right” under Oregon Revised Statute 543A.305(3). WaterWatch v. Oregon Water Resources Department, 369 Or. 71 (2021) (hereafter referred to as Warm Springs Hydro, after intervenor respondent Warm Springs Hydro LLC) ...
The Oregon Supreme Court recently reversed a decision of the Oregon Court of Appeals and determined that the lease of a vested hydroelectric water right to the state for instream uses did not qualify as the “use of water under a hydroelectric water right” under Oregon Revised Statute 543A.305(3). WaterWatch v. Oregon Water Resources Department, 369 Or. 71 (2021) (hereafter referred to as Warm Springs Hydro, after intervenor respondent Warm Springs Hydro LLC) ...
OSHA requires that covered employers record certain work-related injuries and illnesses on their OSHA 300 log. Under OSHA’s recordkeeping requirements, COVID-19 is a recordable illness, and employers are responsible for recording cases of COVID-19, if all of the following are met: The case is a confirmed case of COVID-19; The case is work-related, as defined by 29 CFR 1904.5; and The case involves one or more of the general recording criteria set forth in 29 CFR 1904 ...
No fault divorce is due to come into effect in England and Wales on 6 April 2022. From this date couples will be able to get divorced without one person needing to lay blame on the other. This change will also apply to civil partnership dissolution ...
Many separating parents use the Government’s online calculator to agree their child maintenance payments. We are fully supportive of parents reaching their own agreements, however using the online calculator may not always result in the right payment if parents are not fully conversant with the rules. Even parents who formally apply for an assessment by the Child Maintenance Service (previously The Child Support Agency) need to be on their guard ...
As we continue through Lockdown 3, we are seeing how children can be caught in the middle of family disputes involving separated parents trying to navigate living arrangements between different family bubbles. With that in mind, it appears to be more important than ever within the context of private law children proceedings for the courts and authorities to be alert to the views of the children when determining what should happen ...
A spectacular smash-up always draws a crowd. In the outsourcing world, where the wreckage is nearly always kept under wraps, that’s even more true. When a problem deal does break into view, it’s always worth watching for lessons in how to manage – or how not to manage – these complex transactions ...
The European Insurance and Occupational Pensions Authority (“EIOPA”) is entrusted with 1 issuing guidelines and recommendations to Member States’ supervisory authorities on how insurance and reinsurance undertakings should apply the Solvency II Directive 2 in order to (i) establish consistent, efficient and effective supervisory practices and (ii) ensure the common, uniform and consistent application of Union law ...
States’ responses to the global pandemic may, however well-intended, harm the interests of inward investors. Under international public law, those investors have rights and so a spate of investor-State arbitral claims may well be a legacy of the pandemic. Across the world, governments have responded to Covid-19 by introducing emergency measures, which have inhibited social interaction and hampered economic activity ...
In recent months, the European courts have again decided numerous state aid cases. The following decisions deal with the criteria for determining a secondary activity required for a SGEI, the classification of an enterprise as an SME in case of control by public authorities, the point of time when de minimis aid is granted as well as the prerequisites for funds being considered as state resources ...
In light of the sanctions imposed, ALRUD experts have prepared an Overview of Russian Counter-Sanctions measures that have been taken in response to the actions of unfriendly countries since 24 February 2022. The overview focuses on: Russian counter-sanctions measures Liability Prospects for foreign business Recent trends in litigation and arbitration Assumptions and limitations The review is updated on an ongoing basis. Follow the link to learn more ...
In light of the sanctions imposed, ALRUD experts have prepared an Overview of Russian Counter-Sanctions measures that have been taken in response to the actions of unfriendly countries since 24 February 2022. The overview focuses on: Russian counter-sanctions measures Liability Prospects for foreign business Recent trends in litigation and arbitration Assumptions and limitations The review is updated on an ongoing basis. Follow the link to learn more ...
January 31, 2022 By: Tracy A. Warren and Yvonne A. Ricardo 2022 has many California employers suffering from PAGA fatigue. Too many times, plaintiffs’ attorneys use the Private Attorneys General Act of 2004 (“PAGA”) to drive up settlement demands, gaining large attorneys’ fees, over what are seemingly nuisance claims ...
Motivated by the desire to optimize all matters concerning arbitration and to adapt our previous legislation to the principles set by the United Nations Commission of International Trade Law (UNCITRAL), the Panamanian National Assembly enacted the Law No. 131 of 31st December 2013 on National and International Commercial Arbitration (the “Arbitration Act”). A summary thereof follows. Scope This Act applies to arbitrations, both national and international, with seat within Panamanian territory ...
Creating a family using surrogacy is a popular option for male same-sex couples. Surrogacy is when a woman carries and gives birth to a baby for a couple, or another person. Altruistic surrogacy is available in the UK and preliminary considerations are likely to include, which of the couple will be biologically linked to the child and what type of surrogacy will be used ...
Parents of children with special educational needs who are moving to further education should consider all options and make sure their local authority sticks to its deadlines, says Shoosmiths’ Guv Samra. The advice from the education law specialist comes as an important deadline looms for young people with Education, Health and Care plans (EHCPs)who are transitioning to post 16/19 placements ...
Since the decision of the House of Lords in the case of Moncrieff v Jamieson, it has been settled in Scots law that a servitude right of parking can exist as an ancillary right to a servitude right of vehicular access. A recent decision of the Sheriff Appeal Court (Johnston v Davidson & Milne [2020] SAC (Civ) 22 FFR/A103-18) provided welcome further guidance from the Sheriff Appeal Court as to when such an ancillary right will be implied ...
A long-running legal dispute in the USA involving the brand Louis Vuitton is interesting. Not only does it deal with parody as a defence to trade mark infringement, but it also deals with trade mark bullying.What happened here was that Louis Vuitton sued a company called My Other Bag for selling cartoon-style tote bags bearing the name Louis Vuitton, claiming trade mark and copyright infringement. The case failed, with the alleged infringer successfully raising the defence of parody ...
The recent anti-suit injunction decision in Axis v Absa Group demonstrates the importance of considering the practical effect of jurisdiction clauses when a suite of contracts or (re)insurance policies are entered into ...
On Tuesday September 12, Patterson Belknap Partner Bill Cavanaugh delivered the opening statement on behalf of a coalition of the Attorney Generals from 38 states and other jurisdictions in the trial of a historic monopoly antitrust lawsuit against Google involving its search engine. Bill was appointed by the Attorney Generals of Colorado and Nebraska, the lead plaintiffs in the states' case, to serve as lead trial counsel ...
A tech entrepreneur recently publicly condemned men who opt to take longer periods of paternity leave. It is crucial that this outdated narrative is dispelled to ensure greater equality in relation to maternity, paternity and other types of parental leave. A prominent US entrepreneur recently branded men that take six months paternity leave “losers” and claimed that the “correct masculine response” is for men to work harder to provide for their children ...
