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Possible legal effects of Brexit
The United Kingdom's withdrawal from the European Union is coming. Although the legal form of Brexit has not yet been determined, a date has already been set. The provisional date is 29 March 2019.
While there is still controversy about a possible transitional period until 31 December 2010 or possibly 2021, during which the UK would remain a member of the European Single Market and Customs Union but would have no political say, you should start thinking about the impact of Brexit on your relationship with the UK.
Warning! New scam of fraudsters who are instructing bank transfers in-house
Recently, cases have accumulated in which fraudsters order transfers on behalf of a third party.
The scammers e-mail instructions to employees of various companies where they pretend to be supervisor. The sender name displays the actual name of the supervisor, but the e-mail address differs from the original. […]
The General Data Protection Regulation (2016/679 EU) coming into force in May 2018 – why should you prepare your business?
The new General Data Protection Regulation (GDPR) will apply from 25 May 2018 and will supersede the UK Data Protection Act 1998. The GDPR expands the rights of individuals concerning the collection and processing of their personal information by third parties. […]
Uber drivers are working for Uber as “workers”. Employment Appeal Tribunal decides landmark case - Aslam v Uber B. V & others
On 10 November 2017 the Employment Appeal Tribunal rejected Uber’s appeal and ruled that Uber drivers are in fact workers. Being classified as workers strengthens drivers’ rights immensely. Drivers should now be entitled to receive the national minimum wage as well as holiday pay for instance. […]
New corporate offence in the Criminal Finances Act 2017 tightens duty of care for companies to fight tax evasion – also effects German companies
On 30th of September 2017 a new corporate offence came into force under Part 3 of the Criminal Finances Act 2017 (“CFA”) that makes it easier to hold domestic and foreign companies to account with regard to tax offences. […]
Supreme Court establishes new test for “dishonesty” in criminal matters
The test for “dishonesty” used to be different for criminal and civil matters. In criminal matters R v Ghosh  EWCA Crim 2 had established a two stage test. Firstly the action had to be objectively dishonest according to the standards of reasonable and honest people. Secondly the defendant himself had to realise subjectively that what he was doing was by those standards dishonest. […]
Enforcement Post Brexit
In the UK it is suggested that EU Regulations can be transposed into domestic law via the so-called “Great Repeal Bill” or The European Union (withdrawal) Bill. English courts will continue to apply an essentially similar regime post-Brexit. This would be applicable for the Rome I and II Regulations. In contrast, the Brussels I Recast Regulation depends upon reciprocity and sincere cooperation between member states. If the UK is not a member of the agreed scheme then transposing the Brussels I rules into UK domestic law is of no assistance. […]
BREXIT - Implications for the different areas of law
Since Prime Minister Theresa May triggered Article 50 of the Lisbon Treaty on 29 March 2017, beginning the formal process of negotiating the UK’s withdrawal from the European Union, the primary question is what impacts Brexit will have to contractual parties and different areas of law. It is already foreseeable that international performance may become more difficult and costly […]
ZIMMERs is on TV – about the issue of “Insolvency tourism”
ZIMMERs Solicitors is regularly engaged in problems concerning “insolvency tourism”. ZIMMERs mainly represents creditors who - for various reasons - feel that insolvency procedures in the UK are inappropriate. In this context Mr Zimmer, Senior Partner of ZIMMERs Solicitors, was interviewed by a major German public broadcaster, ZDF, in connection with insolvency proceedings of an investor adviser who - according to the German courts - had defrauded a great number of private investors of an eight figure Euro sum. Please open this link to watch the interview.
The Legal Consequences Following the “Brexit” Vote
On 23 June 2016 British voters by a majority of 51.9% voted in favour of the UK leaving the European Union (EU). In the face of potential uncertainties following from this result one must not forget […]
What constitutes an “accident” under Art. 17 Montreal Convention 1999?
One of the three requirements for a carrier by air to be held liable under Art. 17 of the Montreal Convention for death and injury of passengers, is that the death or injury was caused by an accident […]
New Court of Appeal decision – interpretation of “harmful events” under Art 5 (3) EC Regulation 44/2001
Reform of the Brussels I Regulation
The reform of the Brussels I Regulation is about to come into place on 10 January 2015 with a view of saving litigants costs and time of enforcing judgments obtained abroad […]