Jurisdiction and choice of law clauses in international contracts
Oct 27, 2022 — Jurisdiction refers to the geographical limits of a court’s authority, which is not necessarily the same as national boundaries. Jurisdiction clauses, therefore, relate to which courts will hear a dispute. Parties should carefully consider how the court system operates in different countries when negotiating jurisdiction clauses.
Defamation in England and Wales - Pinsent Masons
May 9, 2023 — The law of defamation aims to protect reputation, and applies to both individuals and companies. There are two different types of civil claims for defamation: libel - which relates to the publication of a statement in permanent form, such as in writing, but also includes broadcasts or stage productions; slander - which relates to the transient ...
The role of the board, chairman and non-executive directors – the …
Jan 2, 2010 — The UK Corporate Governance Code sets out its own view of the role of the board. This can be summarised as: providing entrepreneurial leadership; setting strategy; ensuring the human and financial resources are available to achieve objectives; reviewing management performance; setting the company’s values and standards;
The UK Bribery Act 2010: principles, offences and penalties
Aug 18, 2023 — The government guidance sets out a risk-based approach to compliance around six principles, which are: Principle 1: Proportionate Procedures. Principle 2: Top Level Commitment. Principle 3: Risk Assessment. Principle 4: Due Diligence. Principle 5: Communication (including Training) Principle 6: Monitoring and Review.
UK copyright law: the basics
Jun 21, 2024 — In the UK, provided the work is 'original', copyright will arise automatically as soon as the work is created and fixed in material form without any need for registration. It is important to note that ideas are not protected by copyright; only the expression of those ideas as fixed in a material form are protected.
Assignment and novation - Pinsent Masons
Aug 19, 2011 — If you want to transfer the burden of a contract as well as the benefits under it, you have to novate. Like assignment, novation transfers the benefits under a contract but unlike assignment, novation transfers the burden under a contract as well. In a novation the original contract is extinguished and is replaced by a new one in which a third ...
Basic guide to TUPE - Pinsent Masons
Jan 6, 2023 — TUPE stands for the Transfer of Undertakings (Protection of Employment) Regulations and its purpose is to protect employees if the business in which they are employed changes hands. Its effect is to move employees and any liabilities associated with them from the old employer to the new employer by operation of law.
The substantial shareholding exemption - Pinsent Masons
17 Apr 2024, 3:41 pm. Follow Corporate tax. The substantial shareholding exemption (SSE) applies to companies and exempts certain gains that would otherwise be subject to UK corporation tax following a disposal of shares. Where the conditions for the SSE are met but the transaction results in a loss, that loss is not allowable for corporation ...
Limitation periods under English law - Pinsent Masons
Aug 2, 2011 — Limitation periods under English law. A limitation period is the period of time within which a party to a contract must bring a claim. In construction contracts, limitation periods are often relevant in relation to defects claims brought against contractors. Most construction contracts provide for a 'defects liability period', which may run ...
Part 36 offers to settle - Pinsent Masons
Sep 29, 2022 — In respect of counterclaims and any additional/third party (Part 20) claim. Part 36 offers to settle can be made by both a claimant and a defendant in a dispute, at any stage of a dispute before or after proceedings have commenced and in appeal proceedings. Part 36 offers to settle can be made prior to the commencement of court proceedings.