Showing 397-408 of 481 results

Does negotiated procedure allow authorities to negotiate mandatory tender requirements?

In Nordecon v Rahandusministeerium, The European Court was asked whether an authority is free to revise mandatory technical requirements included in its tender documentation.
09 December 2013

Winding up petitions on disputed debts

Whenever there is an apparent monetary debt, common practice is for a claimant to threaten a winding up petition as part of the tactics to get a potential defendant to pay up.
06 December 2013

Publication

The National Crime Agency ; a British FBI?

The Serious Organised Crime Agency has been replaced by the National Crime Agency as the UK’s national crime fighting agency. We look at the NCA’s role in investigating and preventing economic crime.
06 December 2013

Trustee wins important victory in battle to obtain contribution notice

The Trustees of the Desmond & Sons pension scheme have successfully overturned a decision by the Upper Tribunal to strike out a case against a shareholder.
05 December 2013

Sued for criticising a competitor’s products – malicious falsehood

Is comparative advertising worth the potential downsides?
02 December 2013

Clients in proceedings can be personally punished for signing untrue pleadings

Makdessi v Cavendish: A reminder from the Court of Appeal about the importance of clients being sure documents are true before signing statements of truth.
02 December 2013

Publication

Challenge the appointment of administrators

Can directors challenge an administrator’s appointment and is the defence of that challenge an expense of the administration?
02 December 2013

Company sales – is forfeiture of earn out an unenforceable penalty?

The Court of Appeal has cast some doubt on whether forfeiture clauses and forced 'call options' are enforceable in Makdessi v Cavendish Square.
29 November 2013

Disclosure of Defendant’s Insurance

Insured parties entering disputes and insurers generally should take note of the potential shift in balance between parties arising from a judge having the policy.
29 November 2013

Publication

English Disclosure and the French Blocking Statute

The Court of Appeal recently handed down a judgment concerning the interaction between the "French Blocking Statute" and French companies' disclosure obligations in English Courts.
29 November 2013

Security for costs

Can you make a claimant put up some funds at the start of a case to cover any cost award in your favour? The Court has formal rules governing when a judge can require security for costs.
28 November 2013

Copyright protection for computer software - Court of Appeal holds firm

In SAS Institute Inc v World Programming Ltd, the Court of Appeal recently dismissed an appeal by SAS concerning the extent to which copyright protection can be granted to computer software.
26 November 2013

The Burges Salmon blog

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