11 May 2018
Court of Appeal upholds policyholder’s right to recover costs of ‘voluntary’ remediation works
The NSW Court of Appeal has recently confirmed that a policyholder is entitled to recover under its liability policy the costs of ‘voluntarily’ remediating accidental damage in compliance with statutory obligations, even where there had been no prosecution or third party claim against the...
03 May 2018
Latest developments of the mining industry in Latin America
In view of the rise in commodity prices, especially metals, mining activity in South America has increased in 2017 compared to the last few years. Expectations are that 2018 will build on last year's positive trend. In this article we give a snapshot of the main Latin America mining markets,...
03 May 2018
South African mining outlook for 2018: Environmental and climate change resilience
The South African government has committed to reducing greenhouse gas ( GHG ) emissions to meet its nationally-determined contribution commitments in accordance with the Paris Agreement. In order to achieve these objectives, the South African government needs to implement regulatory and other...
03 May 2018
Protecting against wrongful state actions: structuring investments to allow a real possibility of recourse
Mining companies are no strangers to risky environments and threats of political upheaval. In an era of growing resource nationalism and increased environmental and populist activism, these risks are augmented – particularly in jurisdictions where governmental stability is uncertain.
03 May 2018
Exit by minority participants
As a result of the recent full or partial exits by a number of major mining companies from the Australian coal industry, a number of minority participants have also considered how the sell part or all of their interest. The recent experiences of these minority participants has highlighted the key...
19 April 2018
Insurer on notice of potential indemnity waives compliance with duty of disclosure
A recent decision of the New South Wales Court of Appeal 1 reminds us that (1) contractually assumed exclusions of liability must be carefully considered in the context of the other bases on which the policyholder may have been liable in any event, and (2) disclosure of some relevant but general...
13 April 2018
Senate backs further foreign bribery reform: Senate Committee hands down report on Australia's Anti-Bribery regime
The long-awaited Senate Economics References Committee report into foreign bribery was released on 27 March 2018. The report recommends ways in which Australia’s foreign bribery framework can be strengthened.
09 March 2018
SPAIN'S NEW PUBLIC PROCUREMENT LAW ENTERS INTO FORCE
Today sees the entry into force of practically all provisions of Law 9/2017, of 8 November 2017, on Public Procurement, which transposes Directives 2014/23/EU and 2014/24/EU of the European Parliament and of the Council, of 26 February 2014, into Spanish law.
05 March 2018
The Temperature’s Rising on Corporate Crime in Australia: Expected Developments in 2018 and Implications for Business
Proposed Australian regulatory developments place a higher onus on Australian businesses to self-manage corporate crime risk, and to have in place robust systems to address ethics and compliance within their organisations.
16 February 2018
Wrongful acts do not have to be unintentional for cover to apply
The Full Federal Court has confirmed that loss resulting from a policyholder’s deliberate decision to leave a construction site was a “wrongful act” covered by a professional indemnity policy, despite the fact that it was not unintentional.
14 February 2018
The UK's access to the EU's preferential trade arrangements
The position of the UK under the EU's preferential trade agreements following Brexit is likely to become a major complicating factor in the negotiations. UK-based companies that rely on such agreements should be warned of the potential difficulties that may arise. The EU has approximately 60...
02 October 2018
Hashing out the Implications of Smart Contracting under English Law
Distributed Ledger Technology (DLT), commonly known as blockchain technology, is driving a new wave of innovation across many industries. Blockchain is often billed as a technology able to revolutionise how businesses operate, by improving reliability, security and speed due to the decentralisation...
28 September 2018
An industry divided: Proposed reform of retentions in the UK
The UK construction industry is currently engaged in a heated debate about the future of cash retentions in construction projects. Indeed, the issue of retentions is a hot topic throughout the construction industry globally, with a number of countries having taken steps to reform cash retentions in...
27 September 2018
“Holding” DOCAs confirmed as valid by High Court of Australia
On 12 September 2018, the High Court of Australia ( High Court ) gave judgment in the case of Mighty River International Limited v Hughes ( Mighty River ). 1 In that decision, the High Court (by a 3:2 majority) held that a “holding” deed of company arrangement ( DOCA ) is valid.
26 September 2018
Private equity real estate: the new trend for real estate investment in France
The French Private Equity and Real Estate ("PERE") market is becoming increasingly more sophisticated. For years the PERE market centred on the US and the UK, while in France, indirect investment was seen as a mainly opportunistic strategy restricted to non-French investors. Now US investment funds...
26 September 2018
Brexit “no deal” technical notices published on intellectual property and life sciences sector issues
The latest tranche of “no deal” technical notices was released yesterday afternoon by the UK Government. Amongst them are several notices that highlight the Brexit issues faced by intellectual property right owners and, in some cases, confirm the Government’s approach to resolving them. The...
21 September 2018
European Private Equity Review, Autumn 2018 Edition
The Herbert Smith Freehills European Private Equity Review highlights legal developments of particular significance for European financial sponsors and shares our experience of trends across the European private equity landscape and opportunities for growth.
20 September 2018
Impact Investment: Generating positive returns
All over the globe, entrepreneurs are devising innovative commercial solutions to social and environmental challenges. The growth of the sustainable investment market has been buoyed by a revolution in the use of technology to tackle the world's greatest problems. At Herbert Smith Freehills, we are...