Issues

Shoosmiths appoints Simon Edwards as partner in its national commercial team

Shoosmiths has hired Simon Edwards to its national commercial team. Edwards brings with him extensive commercial contracts expertise and specific experience in a number of sectors, including automotive, food and drink and facilities management. Joining from Wragge & Co, where he was a senior associate, Edwards specialises in commercial contract work and has been lead […]

Deloitte granted partial permission to appeal MG Rover tribunal decision

On 20 November 2013, the FRC announced that it has granted Deloitte partial permission to appeal the decision of the independent Disciplinary Tribunal relating MG Rover Group. In its report issued in September 2013, the tribunal found that Deloitte and its former corporate finance partner, Maghsoud Einollahi, had failed to adequately consider the public interest […]

Eversheds advises Kuala Lumpur Kepong Berhad on cash offer for EPO

Eversheds has advised Malaysia’s third-largest listed plantation company, Kuala Lumpur Kepong Berhad (KLK), on a $21.3m (£13m) cash offer for Equatorial Palm Oil (EPO), which will enable it to gain a foothold in Liberia’s palm oil sector. KLK had originally acquired a 20.1 per cent stake in London-listed EPO and a 50 per cent stake […]

No5 Chambers successfully defends planning permission for Morrison’s

No5 Chambers’ Timothy Jones and Victoria Hutton have successfully defended planning permission for a Morrison’s supermarket in the face of a judicial review application. On 4 December 2013 Mr Justice Hickinbottom handed down judgement having presided over a rolled-up hearing in the case of R (on the application of Midcounties Co-operative Limited) v Swindon Borough Council […]

Can a contract be made in two different jurisdictions? Yes, says the High Court

In Conductive Inkjet Technology Ltd v Uni-Pixel Displays Inc, the court has confirmed that, where the negotiations are complex, a contract can be made in two jurisdictions, applying the decision of Mann J in Apple Corps v Apple Computer from 2004 ([2004] EWCH 768 (Ch)). Conductive Inkjet Technology (CIT) was an English technology company operating in the field […]

Holiday pay to include commission according to the advocate-general

By Adele Hayfield The rules surrounding the calculation of holiday pay are notoriously complex and have resulted in a number of claims before the Employment Tribunal. Given the advocate-general’s recent opinion, this situation is unlikely to change any time soon. Under Regulation 16 of the Working Time Regulations 1998 (WTR), a worker is entitled to […]

The 12 cases of 2013

By Charles Rae As Christmas approaches and another year draws to a close, Shoosmiths looks back at some of the most notable cases of 2013. The most unexpected decision of 2013 has to be that of USDAW and ors v WW Realisation 1 Ltd and ors, where the Employment Appeal Tribunal (EAT) held that the […]

Is US-style class action litigation coming to the EU?

By Ludger Giesberts and Andreas Tiedge The European Commission is calling for European Union (EU) member states to introduce an injunctive and compensatory collective redress mechanism to their national procedural rules by 26 July 2015. In many respects, the concept of a European collective redress scheme is similar to that of US-style class actions. The new […]

Cayman Islands signs FATCA agreement with US

On 29 November, the US and the Cayman Islands signed a ‘Model 1’ intergovernmental agreement (IGA) on the Foreign Account Tax Compliance Act (FATCA). The US considers this IGA already to be in effect, despite the need for implementing measures in the Cayman Islands. This IGA is the second such agreement with a country that is […]

Trade Dress Watch: a case for counterfeit trade dress

By Gina Durham Can a product that imitates the look and feel of another product, but does not use the trademarked brand name, still be considered a ‘counterfeit’ product under US law? Owners of popular brands (such as Louis Vuitton and Tiffany) are well acquainted with the counterfeiters’ practice of applying their brand name or logo […]

Spain increasing pressure on criminal courts against IP rights infringements

By Ceyhun Pehlivan and Jorge Monclús The Criminal Court number 4 of Castellón (Spain) has recently sentenced a peer-to-peer file sharing webmaster to 18 months’ imprisonment for a continued offence against intellectual property (IP) rights. In addition, the court has also banned him from exercising any activity related with websites for three years. He shall […]