Top 10 Headlines from Europe The recent High Court ruling in G and G v Wikimedia Foundation Inc [2009] serves as a warning to any applicants for interim injunctions who may seek to rely on derogations from the open justice principle. The directive on alternative investment fund managers ("AIFMs") proposed by the European Parliament (the "EU Directive") continues to create uncertainty and controversy in the alternative investment funds ("AIFs") world. The Advertising Standards Authority, the UK’s independent advertising regulator, adjudicates on complaints about advertising made under the Advertising Codes. These days everyone, especially in the insurance industry in Germany, talks about "cloud computing" when the discussion deals with the current trend regarding how companies use IT. The settlor applied to court to set aside the Lochmore Trust (the "Trust") on the grounds of the settlor’s mistake, and all beneficiaries of the Trust had confirmed their consent to the application. There has been heated and passionate debate in academic circles and industry publications about the pros and cons of the Rotterdam Rules. One of the many "golden rules" when negotiating commercial contracts is to avoid, wherever possible, agreeing to do or deliver something which isn't wholly within your control (as you could end up being sued for breach of contract through no fault of your own). In the following case, the court had to consider whether the grant of an interim injunction should be upheld to prevent a contracting authority proceeding with the award of a framework agreement. In the following case, the court had to consider the construction of a contract, and in particular the effect of a clause concerning the priority of documents, in order to determine which of two conflicting provisions relating to the payment mechanism was to prevail. ONE OF THE PURPOSES OF INCORPORATION is to absorb and contain liability within the corporate shell: the so-called corporate veil, behind which directors used to feel reasonably safe. |