‘In this post, Richard Bamforth, Jessica Foley, and Julia Czaplinska-Pakowska of CMS comment on the UK Supreme Court’s decision in Kabab-Ji Sal (Lebanon) v Kout Food Group (Kuwait) [2021] UKSC 48, which delivered further guidance to commercial parties and arbitration practitioners on the issue of the governing law of arbitration agreements.’
UKSC Blog, 16th November 2021
Source: ukscblog.com
‘The FII Group Litigation (‘FII’) was established by an Order made on 8 October 2003 with the purpose of determining common or related questions of law arising out of the tax treatment of dividends received by UK resident companies from non-resident subsidiaries. The Test Claimants’ basic allegation was that their tax treatment (under domestic legislation long-since repealed), as compared to that of wholly-resident UK companies, breached TFEU provisions on freedom of establishment and free movement of capital. The Test Claimants therefore sought repayment of tax paid insofar as it was unlawful under EU law; in some cases, dating back to the UK’s accession in 1973.’
Hardwicke Chambers, 24th February 2021
Source: hardwicke.co.uk
‘The Supreme Court has given judgment in a high-profile appeal which raises important issues regarding the proper approach to jurisdictional challenges and the potential liability of parent companies in respect of damage caused by their subsidiaries.’
Blackstone Chambers, 12th February 2021
Source: www.blackstonechambers.com
‘Paragraph 144 of the Immigration Rules was simple. It placed great trust in the parent company. From the amendments in response to the anxieties, we can see that re-orientation is from the parent company to the sole representative. The Home Office will consider the representative’s skills, knowledge, experience, the ownership and control held by the sole representative and their partner, and refuse if it considers the application is merely a way to facilitate the sole representative’s entry or stay.’
Richmond Chambers, 28th May 2020
Source: immigrationbarrister.co.uk
‘Compared to other routes under the Rules the requirements for a representative of an overseas business were relatively simple. For at least the past year, the Home Office sought to remedy this through unlawfully reading in an additional requirement: ‘genuineness’. From 4 June 2020, the Rules will be amended to explicitly refer to this requirement, by inserting the word ‘genuinely’ before listing the requirements for entry clearance.’
Richmond Chambers, 21st May 2020
Source: immigrationbarrister.co.uk
‘In the Statement of Changes in Immigration Rules presented to Parliament in May 2020, released last week, the Secretary of State has made clear that she will significantly tighten the sole representative of an overseas business visa category from 4 June 2020.’
Richmond Chambers, 18th May 2020
Source: immigrationbarrister.co.uk
‘Disclosure of documents held by a subsidiary company of a party to litigation may be ordered in certain circumstances under the terms of the pilot disclosure scheme currently running in the Business and Property Courts (BPC) of England and Wales, a judge has ruled.’
OUT-LAW.com, 5th March 2020
Source: www.pinsentmasons.com
‘You may or may not have heard that one of the largest Property Guardian firms put itself (and all its related companies) into voluntary liquidation on 6 November 2019. But that is what Camelot did.’
Nearly Legal, 5th December 2019
Source: nearlylegal.co.uk
‘The first respondent (“Koza Ltd”) was a private company incorporated in England in March 2014. Koza Ltd was a wholly owned subsidiary of the sixth appellant (“Koza Altin”), a publicly listed company incorporated in Turkey and part of a group of Turkish companies known as the Koza Ipek Group (“the Group”). The Group was formerly controlled by the second respondent (“Mr Ipek”).’
Hardwicke Chambers, 22nd August 2019
Source: hardwicke.co.uk
‘Internal investigations are increasingly being conducted by companies not only on regulatory grounds but also in response to employment issues such as whistleblowing and discrimination allegations. In SFO v ENRC [2018] EWCA Civ 2006, the Court of Appeal has significantly widened the scope of legal professional privilege in the context of an internal company investigation. It will now be easier for the employer to assert privilege over employees’ witness statements and other documents generated in an investigation.’
Littleton Chambers, 26th November 2018
Source: www.littletonchambers.com
‘Coventry City Council has won a Court of Appeal case in the latest round of a four-year long litigation saga over the city’s sports stadium the Ricoh Arena.’
Local Government Lawyer, 15th October 2018
Source: www.localgovernmentlawyer.co.uk
‘The recent decision of the High Court in Vattenfall AB v Prysmian SpA [2018] EWHC 1694 (Ch) is another example of claimants being allowed to use non-addressee English subsidiaries as anchor defendants for their competition damages claims. It is also another example of the court considering but not actually having to decide the interesting legal points around attribution of liability which potentially arise in such cases.’
Competition Bulletin from Blackstone Chambers, 7th September 2018
Source: competitionbulletin.com
‘A Guernsey-registered online gambling company can pursue a conspiracy claim against a group of Peruvian-resident customers in the English courts, the Court of Appeal has ruled.’
OUT-LAW.com, 10th August 2018
Source: www.out-law.com
‘The liability of parent companies for the extraterritorial human rights abuses committed by their subsidiaries has increasingly become a critical topic for both corporate and human rights litigators. The absence of national and international laws comprehensively addressing this issue created a space for creative arguments for and against holding parent companies of multinational groups incorporated in home States accountable for the human rights abuses committed by their subsidiaries in host States.’
Oxford Human Rights Hub, 24th July 2018
Source: ohrh.law.ox.ac.uk
‘The Court of Appeal has dismissed a claim brought by two Nigerian community groups against Royal Dutch Shell (RDS) for environmental damage caused by one of its subsidiaries.’
OUT-LAW.com, 21st February 2018
Source: www.out-law.com
‘An insurance broker has been fined over £4 million by the Financial Conduct Authority (FCA) for failing to adequately manage potential conflicts of interest involving its parent company.’
OUT-LAW.com, 12th December 2017
Source: www.out-law.com
‘In its recent decision in Koza Ltd v Akcil [2017] EWCA Civ 1609, the Court of Appeal interpreted the scope of Article 24 (2) Brussels I Recast, which governs exclusive jurisdiction “in proceedings which have as their object the validity of the constitution, the nullity or dissolution of companies or other legal persons or associations of natural or legal persons, or the validity of the decisions of their organs, the courts of the Member State in which the company, legal person or association has its seat”.’
Jurisdiction and Conflict of Laws, 10th November 2017
Source: jurisdictionandconflicts.net
‘A UK-registered mining company, which is now part of Glencore, is facing claims in a London court that it hired security forces to mistreat environmental activists protesting about a copper mine in Peru.’
The Guardian, 31st October 2017
Source: www.theguardian.com
‘Permitting judicial review of the issue of a diverted profits tax (DPT) charging notice would “undermine parliament’s intent”, the High Court has decided in a case concerning oil and gas distributing company, Glencore Energy.’
OUT-LAW.com, 11th July 2017
Source: www.out-law.com
‘What happens when a party to proceedings refuses to give disclosure of documents held by its subsidiary? Can the parent company simply refuse to give disclosure on the basis that the subsidiary is a separate legal entity? CPR 31.8 provides that a party is obliged to give disclosure of documents in its “control.” In Ardila v ENRC [2015] EWHC 3761 (Comm) Males J sought to reconcile the competing first instance and appellate decisions on whether a parent company can be said to control the documents of its subsidiary.’
New Square Chambers, 11th April 2016
Source: www.newsquarechambers.co.uk
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