Cranes have come to epitomise modern industrialisation and urbanisation in construction, mining, engineering, manufacturing, production and infrastructural development. These mega-structures tower above us, tall and high up into the urban skyline. They are the mechanical behemoths which, all too familiar in our environment, play a central role in the construction of our new age metropolitan concrete jungles. As a health and safety lawyer I have learnt a lot about the risks they pose.
April 21, 2016
Contractual disputes and important decisions of the Supreme Court feature heavily in this edition.
A recent decision of the Supreme Court has brought into focus the continuing importance of the ‘proper purpose rule’, which applies to directors of English companies under s171(b) of the Companies Act 2006.
Section 7 of the Data Protection Act 1998 (DPA)provides individuals (or ‘data subjects’) with a right of access to their personal data by making data subject access requests (DSAR) of ‘data controllers’ – namely persons (including organisations) who either alone or with others determine how and for what purpose the personal data of others is processed.
The ability to restore a dissolved company to the register can be a useful tool for a party seeking relief after wrongful conduct comes to light.
The Court of Appeal has confirmed that where there has been surreptitious dealing by an agent with the other party in a contractual arrangement during the contract period, the innocent principal should be entitled to terminate the contract from the point of discovering the fact of the bribe. However, the contract will be avoided for the future only and not from the outset.
In recent times, an important focus of the cases concerning Limited Liability Partnerships (LLPs) has been the status of LLP members and, speci cally, whether an individual can have the dual status of member and employee (or worker) under certain circumstances. Many of these cases have also involved the more commonplace LLP agreement construction and breach of contract issues to which the expulsion of a member can give rise.
In 2013 the Minister of Justice of North Rhine Westphalia, Thomas Kutschaty, presented a first draft of a corporate criminal code (Verbandsstrafgesetzbuch) for Germany. Since then, although the need for a German corporate criminal code has been discussed extensively, no corporate criminal law has been enacted.
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