Retales Issue Nine - Corporate manslaughter: it could be you!
It will have taken over 12 years, but April 2008 will see the introduction of a statutory criminal offence of corporate manslaughter.
Retales Issue Nine - Tougher penalties for underage sales
New legislation has recently come into force which
introduces tougher penalties to those who are caught
persistently selling alcohol to children.
Retales Issue Nine - Increase in statutory leave entitlement
The Government has estimated that 5.9 million workers will
benefit from the forthcoming increase to statutory leave
entitlement under the Working Time Regulations. Caroline
Havard reports on the practicalities and pitfalls for
employers.
Retales Issue Nine - Use of best and reasonable endeavours
in contracts
The difference between an obligation to use ‘best
endeavours’ and ‘reasonable endeavours’ in a contract has
long been the subject of debate. However, it is now well
established that ‘best endeavours’ is a more onerous
obligation than ‘reasonable endeavours’.
Retales Issue Nine - Term Sheets - Some key considerations
Most businesses will operate some form of debt facilities
with a bank or financial institution in the ordinary course
of business. It may be an overdraft for working capital
purposes, or a structured term or revolving credit facility
for the acquisition of a company, property or other assets.
Retales Issue Eight (Companies Act Special) -
Directors' duties
One of
the most significant aspects of the Companies Act 2006 is
the codification of directors’ duties. They will apply to
all directors, including shadow directors and, in some
cases, former directors.
Retales Issue Eight (Companies Act Special) -
Derivative claims and proceedings by members
The current common law principle is that a shareholder
cannot bring an action on behalf of the company for a wrong
done to the company. The company is the injured party and
therefore any right of action rests in the company.
Retales Issue Eight (Companies Act Special)
Authorised share capital
The Act abolishes the requirement for a company to have an
authorised share capital. If shareholders wish to restrict
the number of shares that the company can issue they will
need to include a restriction by passing a special
resolution to amend the company’s articles of association.
Retales Issue Eight (Companies Act Special)
Changes to auditors' liability
The Act retains the prohibition contained in the Companies
Act 1985 against a company indemnifying its auditors against
negligence or other default. This is subject to section 533,
which allows the company to indemnify auditors against the
costs of successfully defending a claim.
Retales
Issue Eight (Companies Act Special) Transparency
directive
The Act gives the FSA the power to implement the EU
Transparency Directive in the UK, through the FSA
Transparency Obligations Directive (Disclosure and
Transparency Rules) Instrument 2006. At the same time, the
FSA Disclosure Rules have been renamed the FSA Disclosure
and Transparency Rules and a new sourcebook came into force.
Retales Issue Eight (Companies Act Special) Implementation
overview
David Burbridge looks at the Act's timetable for
implentation.
Retales Issue Seven (Article One)
Flu pandemic
Retales Issue Seven (Article Two)
The London Olympics - are you
ready?
Retales Issue Seven (Article Three)
Corporate manslaughter - will
the new offence make any difference?
Retales Issue Seven (Article Four)
Age discrimination - how will
the regulations impact on retirement?
Retales Issue Seven (Article Five)
To rebrand or not to rebrand
Retales Issue Seven (Article Six)
WEEE update
Retales Issue Six (Article One)
Home Office pledges
tough new crackdown on licensed trade
Retales Issue Six (Article Two)
Employers are liable for
vicarious harassment
Retales Issue Six (Article Three)
BRC campaign for a
change in rental payments in leases continues to gain
support.
Retales Issue Six (Article Four)
“Asda Price” for home
buyers
Retales Issue Six (Article Five)
Topshop brand endangered
by US trade mark dispute
Retales Issue Five (Article One)
What can I say about my competitors? Part 2
Retales Issue Five (Article Two)
Real Estate Investment Trusts 'REITS'; A new way of holding
property portfolios.
Retales Issue Five (Article Three)
OFT refers the UK grocery market to the Competition
Commission.
Retales Issue Five (Article Four)
Takeover of Ottakar by HMV backed by the Competition
Commission.
Retales Issue Five (Article Five)
OFT inquiry into internet shopping
Retales (Issue Four) Article One
OFT proposal to refer the UK
grocery market to the Competition Commission
Retail affiliate scheme falls foul of trade mark infringement laws
Retales (Issue Four) Article Three
Can inducements be offered to deter trade union membership?
Retales (Issue Four) Article Four
Smoking kills?
Retales (Issue Four) Article Five
Final salary pensions schemes no longer in fashion on the high street
Retales (Issue Four) Article Six
Takeover of Ottakar by HMV provisionally backed by The Competition Commission
Retales (Issue Three) Article One
Delay in introduction of new Fire Safety Regulations
Retales (Issue Three)
Article Two
OFT guidance for mail order and .com businesses
Retales (Issue Three) Article Three
When is a grievance a grievance?
Retales (Issue Three) Article Four)
UK competition watchdog branded meek
Retales (Issue Two) Article One
Retales (Issue Two) Article Two
Retales (Issue Two) Article Three
Retales (Issue Two) Article Four
Retales (Issue Two) Article Five
Sara Woffenden reports on the Government's decision to scrap operating and financial reviews.
Retales (Issue One) -
Violence against retail employees highlighted
Retales (Issue One) -
Intellectual Property - What can I say about my competitors?
Retales (Issue One) - Health & Safety - Corporate manslaughter
Please note: The information in Knowledge is for
guidance only. As every legal issue has its own unique
characteristics, we always advise you to check with us
before taking action.

