Miller Rosenfalck

Ferrari Faces the Music – Legality

Emma — Thu, 29 Jul 2010 10:31:14 +0000

This is a reprint of an Article published in Autosport on 29 July 2010

AUTOSPORT consulted leading European business law firm Miller Rosenfalck to look at the issues. Motorsport specialist John Kenneally responded

How Strong Is The Evidence?

Apparently engineer Rob Smedley saying…

Ferrari Faces the Music – Legality

Emma — Thu, 29 Jul 2010 10:25:14 +0000

This is a reprint of an Article published in Autosport on 29 July 2010

AUTOSPORT consulted leading European business law firm Miller Rosenfalck to look at the issues. Motorsport specialist John Kenneally responded

How Strong Is The Evidence?

Apparently engineer Rob Smedley saying…

Company Pays Price When Contract Terms Do Not Reflect Current Law

Emma — Wed, 21 Jul 2010 14:26:59 +0000

‘Pay when paid’ clauses in construction contracts came under the microscope in a recent case¹, with unfortunate results for a company that did not keep its contract terms up to date.

The case involved a contractor which was carrying out work…

Beneficial Owner Owed Duty of Care

Emma — Wed, 21 Jul 2010 14:25:59 +0000

The law of negligence is often confusing, especially where the issue of whether party A owes party B a ‘duty of care’ is subject to dispute. Where no such duty exists, if party B suffers a loss through party A’s…

HMRC – A Case for a Disaster Recovery Plan?

Emma — Wed, 21 Jul 2010 14:25:29 +0000

The powers of HM Revenue and Customs (HMRC) are considerable, as a recent case makes clear. It involved a company that HMRC suspected of Excise Duty evasion. A raid on its premises was undertaken and HMRC officers found quantities of…

It’s Good to Talk

Emma — Wed, 21 Jul 2010 14:25:01 +0000

Litigation can be expensive and there are good reasons in many cases for achieving a resolution by mediation when possible. The best course of action will depend on the individual circumstances of the case.

Recently, a court case¹ was settled after…

Speak Now or Forever Hold Your Peace

Emma — Wed, 21 Jul 2010 14:24:34 +0000

People often think of time limits for bringing claims as something imposed by law, as indeed they are. However, there can be other time limits which apply, including those imposed by contract.

Insurance contracts normally include time limits for making claims…

Without Prejudice Challenge Fails

Emma — Wed, 21 Jul 2010 14:24:06 +0000

A company that sought to give as evidence in court ‘without prejudice’ comments made by the company with which it was in dispute met with a firm rebuff from the Court of Appeal¹ recently.

Without prejudice material is material which is…

The Government’s New Working Time Plans In Perspective

Emma — Mon, 19 Jul 2010 14:46:46 +0000

This is a reprint of an Article published in Management InBrief – Issue 12

The Conservative Liberal Democrat coalition government has stated in its agreement of 11 May 2010 that it will ‘work to limit the application of the Working Time…

Sickness and Annual Leave

Emma — Thu, 15 Jul 2010 15:37:17 +0000

The question as to whether employees who are off work due to sickness for more than a year are entitled to paid statutory holiday under the Working Time Regulations 1998 (WTR) was dealt with in the case of Stringer and…