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Archive for April, 2013

Tuesday 16 April 2013

MH Update Spring 2013

Welcome

These are exciting times for the firm as I welcome you to the first issue of MH Update issued by Marriott Harrison LLP. The firm became a limited liability partnership on the 1st April 2013. At the same time I am delighted to announce that, this month, a new partner has joined the firm.

Tuesday 16 April 2013

MH Commercial and Media

Data Protection – the Changing Landscape

In early 2012, the EU Commission issued draft proposals for a new General Data Protection Regulation (“DP Regulation”) to replace the existing Directive 95/46/EC. It is being implemented directly in EU member states via a Regulation in order to ensure consistent implementation in each member state. At present the DP Regulation is going through a consultation period and will need to be approved by member states and ratified by the European Parliament before coming into force. The earliest it is likely to come in to law will be 2016.

Tuesday 16 April 2013

MH Corporate

 

An important reminder of the need for careful drafting in agreements

The recent case of Sycamore Bidco Ltd v Breslin [2012] EWHC 3443 (Ch), highlights the importance of precise drafting in ensuring that warranties and representations are only given where intended.

The case related to the sale of a company (the “Company”), where in the sale agreement (the “Agreement”), the sellers gave an express warranty that certain pre-transaction audited accounts (the “Accounts”) were accurate. After completing the purchase, one of the buyers claimed there had been errors in the Accounts which meant the Company’s turnover had been overstated.

 A Chairman’s Obligations – Polls & Proxies

When a shareholder is required to appoint a proxy for an upcoming general meeting it will often be the chairman of that general meeting, as the default proxy, that is appointed. If the shareholder has provided clear instructions to the proxy about his voting preferences for a given resolution then the proxy is under a duty to vote in accordance with those instructions. However, when that proxy is also the chairman of a general meeting, there are additional obligations that most be borne in mind, in particular, the obligations of a chairman to ascertain the true meaning of any general meeting.

Tuesday 16 April 2013

MH Dispute Resolution

The Jackson Reforms

Reforms to the civil litigation costs and funding regime, based on Lord Justice Jackson’s recommendations (the “Jackson Reforms”), were implemented on 1 April 2013.

The reforms include the introduction of damages-based agreements, significant changes to the rules governing conditional fee agreements, offers to settle and the introduction of costs management procedures for multi-track cases in most courts.

Tuesday 16 April 2013

MH Employment

Government’s proposed ‘employee-shareholder’ scheme – who does it really benefit?

The Government is seeking to introduce a new “employee-shareholder” status under section 27 of the Growth and Infrastructure Act (the “Act”). Initially due to take effect from 6 April 2013, this scheme is currently due to come into force on 1 September 2013. The scheme is intended to provide small to medium businesses with more flexibility and also to reduce the likelihood of employment claims being brought against employers in the Employment Tribunal. Whether it will have these effects is, however, highly debatable.

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