Issues

John Flood rectangular

A brave new regulatory world

Can international law firm regulation keep up with the seismic legal market changes? It won’t be easy. Law is a global practice and yet its regulation is mostly domestic. There are international codes of practice such as those promulgated by the International Bar Association, but they say little about international practice and more about the […]

DLA Piper building
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DLA Piper to managers: start billing or stop earning

DLA Piper is planning to ringfence management pay among its sector and group in a bid to increase fee-earning levels amongst its senior lawyers. The move is understood to be aimed at quelling partner discontent over the number of non-fee earning managers at the firm. The plan is expected to be aired at the DLA’s […]

More comfort for public authorities on resource allocation decisions

LB Islington is the latest in the line of cases challenging cuts to services as a result of the straitened circumstances in which public bodies now find themselves. Here, Wragge & Co outlines the background to the case and the court’s decision and provides a comment on its impact for public bodies. In July 2013, the second […]

Getting your priorities in order — precedence clauses in commercial contracts

The Court of Appeal case of RWE Npower Renewables Ltd v J N Bentley Ltd [2014] EWCA Civ 150 acts as a reminder to draftsman not to place too much reliance on these clauses and highlights the risks when all contractual documents are not properly reviewed before finalising agreements. RWE engaged Bentley to carry out civil engineering […]

FCA guidance on proportionality in the operation of certain remuneration provisions

In January 2014, the FCA issued guidance on proportionality in the operation of certain remuneration provisions. The remuneration provisions have been among the Alternative Investment Fund Managers Directive’s (AIFMD’s) most controversial elements. Three of these provisions in particular have attracted industry attention: retained structures, deferral and performance adjustment. Subject to various conditions, the retained structures rules […]

ESMA publishes Q&A regarding the application of the AIFMD

In February 2014, the European Securities and Markets Authority (ESMA) published a question-and-answer (Q&A) document regarding the application of the Alternative Investment Fund Managers Directive (AIFMD). This Q&A should not be confused with the answers that the European Commission has issued to questions received by it relating to the transposition of the AIFMD. ESMA’s Q&As are chiefly […]

Case update — performance bonds

The Court of Appeal has reinforced the position that the primary liability to pay under a performance bond is entirely separate from the relationship between the parties to the underlying contract. The case in question was the Court of Appeal hearing of the Wuhan Guoyu Logistics Group v Emporiki Bank of Greece [2013] EWCA Civ 1679. The […]

Gateley’s Manchester corporate team advises on Incanthera’s acquisition of Onco-NX

Gateley’s Manchester corporate team has advised on a recent deal that saw oncology business Incanthera acquire University of Salford drug discovery spin-out Onco-NX. Both businesses will now combine their skills to develop a new therapeutics pipeline for anti-cancer drugs. Incanthera has developed a therapy that selectively targets solid tumours without harming healthy cells, while Onco-NX […]

Sale of part — sharing the burden of positive covenants

By Richard Willcox The Court of Appeal has held that a purchaser who obtains part of a property that has the benefit of a right of way must assume the burden of contribution to that right of way, appropriate to the part of the property that he has acquired. Dobson Park Properties Ltd (DPPL) owned […]

Further reform of the Community Infrastructure Levy

By Matthew Stimson Further changes were made to the Community Infrastructure Levy Regulations 2010 (CIL Regulations) on 24 February 2014. They present opportunities for developers to better manage their CIL liability, but also add new complexities with which developers and local authorities will need to grapple. The Community Infrastructure Levy (Amendment) Regulations 2014 address a […]