By: Jayson Schwarz LLM With assistance from Evonne Finnegan LLB Toronto was the “hottest” city in the world last year, among the growing number of rich and sometimes famous looking to purchase local real estate. According to Christies International Real Estate, a survey of luxury real estate Toronto saw a staggering 37% surge in high […]
The Chinese Government says it is planning new restrictions on foreign investment deals, aimed at transactions by investors looking to move money out of China. The Chinese Foreign Exchange Regulator says that the measures are not intended to affect genuine overseas investment. There have been comments that the rules would be tightened for overseas investments […]
The Court of Appeal has given useful clarification1 on when a contract can be formed through acceptance by conduct – even when the written contract states it was not binding until signed by both parties, and one party had not signed it. The draft contract (a ‘deal memo’) included a provision requiring both parties to […]
TalkTalk, the national phone and broadband operator, has been fined a record sum by the Information Commissioner’s Office (ICO) following last year’s ‘significant and sustained cyber-attack’ on its website. Around 4 million customers were potentially affected following serious, but avoidable, contraventions of the Data Protection Act 1998 (DPA). Whilst the numbers of customers affected were […]
When does a lender lend “by way of business”? Useful guidance has been given in a recent ruling1 on when occasional lending by lenders must be authorised by the Financial Conduct Authority “FCA” (and therefore enforceable under the Financial Services & Markets Act 2000 “FSMA”) – even though their primary business may not be financial […]
What’s new? The Act applies to all commercial contracts of insurance, as well as variations to existing commercial insurance contracts. It creates a flexible framework of principles applicable to all business organisations, with requirements on the insurer to seek further information when required. Key changes include: • Insurers to seek clarificationWhilst commercial organisations have been obliged […]
The inquiry follows high profile corporate governance failures such as at BHS, and serious failings at Sports Direct. What will the inquiry consider? Executive Pay: should executive pay take into account companies’ long-term performance? This will be considered by the Committee, along with whether such pay should reflect the value added by executives relative to […]
The facts of the case are complex, but involved the purchase of a brewing business in Central and Eastern Europe for €1.475 billion. There was a highly complicated Contingent Value Right (CVR) agreed between the parties, however, the CVR contained an Anti-Avoidance provision in relation to “any transaction” specified within the provision. The question was […]
On October 8, 2012, a new legal regime was introduced in Portugal allowing citizens of Third States, i.e.States that are neither members of the EU nor of the Convention that implemented the SchengenAgreement, to obtain a Portuguese residence permit, subject to said citizens making certain types ofinvestment in the country. This residence permit goes by […]
The Decree-Law no. 128/2014, of August 29 has established the legal regime of the operation of the local lodging, by empowering of this type of establishment. The existing legal framework has recently been amended by Decree-Law No. 63/2015, of April 23,although its entry into force only occurs 60 days after its publication. Of the amendments introduced […]
Contract (applicable to all sales) A contract is entered into between a seller and buyer when an offer is made by one party and accepted by the other. An advertisement (an invitation to treat) is not necessarily an offer and any sale should be confirmed in writing. While a contract can be written and/or oral […]
Contract & Misrepresentation (applicable to all sales of horses) The law of contract and misrepresentation apply to sales of horses regardless of whether the seller is conducting a private sale, say a one off sale, or is in the business of selling horses. A purchaser can sue on the contract or in relation to any […]