Data Privacy: Challenges, Enforcement and Unification

Data Privacy: Challenges, Enforcement and Unification

Question one – Challenges  What do you see as the biggest challenges for data privacy in your jurisdiction during the next decade? Is technology a factor? Uncertainty provided by Brexit extends to data protection. At the time of writing, the provisions of the...
Relying on Written Resolutions? Directors, take care to ensure validity

Relying on Written Resolutions? Directors, take care to ensure validity

Companies must note that ‘resolutions’ which have been agreed by the company’s shareholders by way of written resolution must have been circulated on the authority of the company’s board – otherwise the resolutions will be invalid.  A company discovered this to its...
The End of LIBOR- What to expect?

The End of LIBOR- What to expect?

The globally recognised and crucial London Interbank Offered Rate (LIBOR) is understood to be the benchmark interest rate for a reported US $300 trillion worth of financial contracts worldwide, including around $30 trillion worth of financial contracts in GBP....
VAT, Commercial Property and the Option to Tax

VAT, Commercial Property and the Option to Tax

The default position is that commercial properties are exempt from VAT.  This means that the purchase or leasing of the property would not attract VAT on the purchase price or rent. However, it is not as simple as that and an owner of commercial property can elect to...
Avoiding dirty tricks in contract negotiations

Avoiding dirty tricks in contract negotiations

Businesses must exercise caution when negotiating new contracts, particularly on the issue of costs and pricing. If costs are misrepresented or over-estimated, there is a risk that the other party could rescind the contract and claim fraudulent misrepresentation, as a...
Commercial contracts: It’s a mistake – but what then?

Commercial contracts: It’s a mistake – but what then?

Where a mistake has been made during the course of formalising commercial contractual arrangements, when will the court be prepared to rectify it and on what basis? Rectification takes place when the court amends the terms of a legal document which does not accurately...