Allen & Overy LLP

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A New Spanish Corporate Governance Code For Listed Companies

The new Spanish Corporate Governance Code for listed companies, approved by resolution of the board of the National Securities Market Commission (CNMV) on 18 February 2015, dispenses with the recommendations that currently are…more
| Commercial Law & Contracts, Securities Law

Review Of FCA And PRA Enforcement Processes: HM Treasury Findings And Recommendations

On 18 December 2014, HM Treasury published a final report following the review that it has undertaken of enforcement decision-making processes at the FCA and the PRA. Originally published in Practical Law on February 16,…more
| Finance & Banking, Taxation

Effect Of Cross-Border Insolvency On Contractual Time Bar

In Bank of Tokyo-Mitsubishi UFJ Ltd v Owners of the MV Sanko Mineral [2014] EWHC 3927 it was held that, as a matter of English law, a claimant should have commenced arbitration within 12 months, in accordance with contractual…more
| Alternative Dispute Resolution (ADR), Bankruptcy, Civil Procedure, Commercial Law & Contracts, International Law & Trade

Standard Of Reasonableness In Contract With Public Body: Wednesbury Not Applied

In David Krebs v NHS Commissioning Board (As successor body to Salford Primary Care Trust) [2014] EWCA Civ 1540 The Court of Appeal ruled that the NHS Commissioning Board (NHSCB) had not acted unreasonably in terminating a…more
| Civil Procedure, Civil Remedies, Commercial Law & Contracts, Health

Top Ten Finance Litigation And Regulatory Decisions Of 2014

A summary of the most interesting banking litigation and regulatory decisions from 2014. The selection is necessarily subjective and draws from a wide range of cases and developments that are of direct relevance to finance…more
| Civil Procedure, Commercial Law & Contracts, Finance & Banking, Business Torts, International Law & Trade

Part 36 Offer Taken Into Account On Costs Even Though Beaten At Trial

In Sugar Hut Group Ltd & ors v AJ Insurance [2014] EWHC 3775 (Comm) Eder J applied the court's general discretion to decide on the appropriate costs payable to a successful claimant. CPR Part 44 was applied to take into account…more
| Civil Procedure, Civil Remedies, Commercial Law & Contracts, Insurance

Claim Which Was Time-Barred From Continuing In The Employment Tribunal May Still Be Pursued In The High Court

In Nayif v The High Commission of Brunei Darussalam [2014] EWCA Civ 1521 the Court of Appeal allowed a personal injury claim to be pursued in the High Court, even though a discrimination claim based on the same facts was…more
| Civil Procedure, Civil Rights, Labor & Employment Law, Personal Injury

Review Of Authority's Decision To Cancel Tender Process

In Croce Amica One Italia Srl v Azienda Regionale Emergenza Urgenza [2014] EUECJ Case C-440/13, 11 December 2014, the European Court of Justice ruled that EU Member States can grant public authorities broad discretion to exclude…more
| Administrative Law, Civil Procedure, International Law & Trade, Government Contracting

Contractual Warranty Claims: When Does Time Begin To Run?

In The Hut Group Ltd v Oliver Nohabar-Cookson & anr [2014] EWHC 3842 (Comm) it was held that the interpretation of a limitation of liability clause imposing a time limit on the buyer for serving notice of a breach of warranty…more
| Civil Procedure, Commercial Law & Contracts, Mergers & Acquisitions

Antitrust in China: NDRC v. Qualcomm – One All

On 10 February 2015, China fined Qualcomm CNY6.08 billion (approx. USD975m or EUR870m) for abusive patent licensing practices and imposed several remedies on the company…more
| Antitrust & Trade Regulation, Communications & Media Law, Consumer Protection, Intellectual Property

Employment Issues For Multinationals: What To Expect In 2015

In this issue: Asia, China, Hong Kong, Japan, Europe, Belgium, Czech Republic, France, Germany, Italy, Netherlands, Poland, Slovak Republic, Spain, UK, Middle East, Qatar, North America, U.S. An excerpt from China:…more
| Civil Rights, Commercial Law & Contracts, Labor & Employment Law, International Law & Trade, Taxation

Application Of The New European Regime On International Litigation And The Abolition Of Exequatur: Scope Of The Reform

Regulation (EU) 1215/2012 applies from 10 January 2015 and replaces Regulation 44/2001 from that date. Its main achievement is the abolition of exequatur although a party may invoke the same grounds that under the previous…more
| Alternative Dispute Resolution (ADR), Civil Procedure, International Law & Trade

German Federal Court Of Justice Decides On Limitation Period For Consumers Reclaiming Administrative Fees In Loan Agreements

In May 2014, the German Federal Court of Justice (the BGH) held that clauses in consumer loan agreements charging a non-recurring “administrative fee” are invalid (see June 2014 Risk Note)…more
| Civil Procedure, Civil Remedies, Commercial Law & Contracts, Finance & Banking, Consumer Protection

A&O Decision Report: High Court Provides Guidance As To How Sums Paid Pursuant To A Restitution Order Should Be Distributed To The Depositors Of A Ponzi Scheme

In this report, Sarah Hitchins and Andrew Lee, associates in Allen & Overy LLP's Banking, Finance and Regulatory Litigation Group, consider the High Court's judgment in Financial Conduct Authority v Anderson [2014] EWHC 3630…more
| Civil Procedure, Civil Remedies, Commercial Law & Contracts, Finance & Banking, Business Torts

A Personal View: Magna Carta And International Trade

This is not a history lesson about the origins, context and subsequent amendments to Magna Carta, nor about how far it was or was not put into practice. It is a view from within the four corners of the 1215 version about the…more
| Commercial Law & Contracts, Constitutional Law, International Law & Trade
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