Defendants in arbitration proceedings are often reluctant to pay their share of the advance on costs ordered by the arbitral institution. The temptation not to pay and to force the claimant to choose between paying the defendant’s share or letting the arbitration grind to a halt can be a strong one, especially if the health […]
By Edward J Johnsen The Financial Industry Regulatory Authority (FINRA) has issued Regulatory Notice 14-09 soliciting comments on a proposed new regulatory structure for firms that limit their activities to advising companies and private equity funds on capital raising and corporate restructuring. The proposal, published on 26 February, is one of the most important advanced […]
By Cassandra Cartwright When negotiating heads of terms for a transaction, it is quite common for the parties to agree various matters based on the date of completion of the deal. What will be the liability period under any construction warranties, for example? When will the tenant’s rent-free period start and finish? For how long […]
By Mary B Langowski and Tiffani V Williams First Lady Michelle Obama and the Food and Drug Administration (FDA) have released two long-awaited proposed regulations that would for the first time in 20 years make significant changes to the nutrition information found on food and dietary supplement labels. The proposals would make a number […]
Once again, the issue of whether an easement has been created on a sale off of part of a larger site, with the seller retaining the unsold land, has come before the courts. The law generally deals more favourably with a buyer to whom not all of the necessary rights were granted than a seller […]
By Adele Parsons In the case of Hillcrest Homes Ltd v Beresford and Curbishley Ltd (February 2014), the Technology and Construction Court (TCC) decided that claims that had been advanced in negligent misstatement and misrepresentation could not be adjudicated. Hillcrest was a property developer. It entered into a JCT Design and Build Contract 2005 with […]
By Sirathorn BJ Dechsakulthorn, Paul Flignor and Eric D Ryan The US Internal Revenue Service has released its Transfer Pricing Audit Roadmap, a 26-page outline of the two-year transfer pricing audit process, emphasising upfront planning and a fact-based approach for examiners. The roadmap, released on 14 February, is part of an ongoing effort by the […]
By Dale Roberts The 2001 Law Commission Report (Law Com No. 271), ‘Land registration for the 21st century: a conveyancing revolution’, led to the introduction of the Land Registration Act 2002 (LRA 2002). This replaced the 1925 version of that act. The fundamental objective of the title register system, as detailed in the report, is to […]
By Miguel Baz Spain’s autonomous Basque Country region has extended its participation exemption regime (applicable to foreign participations) to capital gains derived from the transfer of shares in Spanish companies (dividends were already exempted). The Basque Country’s participation exemption regime took effect on 1 January 2014. It exempts dividends and capital gains derived from the transfer of shares […]
By Jan Hebblethwaite In R (on the application of Thakenham Village Action Ltd) v Horsham District Council [2014] EWHC 67 (Admin), Lindblom J considered the validity of a section 106 planning agreement that required a payment to be made by the applicant. The issue was that the payment would, however, be applied to a site not included […]
By Martin Thomas On 24 February 2014, the Court of Appeal issued its judgment in the Game case: Jervis & Anr v Pillar Denton Ltd & Ors. The court overturned the law relating to an administrator’s liability to pay rent on leasehold premises, as set out in the 2009 case of Goldacre (Offices) Ltd v Nortel Networks […]
Parmjit Singh, head of the food and drink group at Eversheds, has praised Oxfam for its rankings of food and drink companies in terms of social and environmental policies. Singh said: ‘After the horsemeat scandal in Europe, other food scandals around the world over the last 12 months and the death of hundreds of workers in a factory […]