Articles by ‘Milan Kapadia’

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Environmental reputation is perhaps not yet the factor that can make or break your brand, but it’s playing an increasingly important role.

As retail and restaurant brands struggle to adapt to an increasingly uncertain economic environment, Company Voluntary Arrangements (CVAs) have become more common, and more prominent in the news. But what does this even mean for retailers and landlords? Are they a vital lifeline, or are they just adding pressure to a sector that is already showing concerning signs?

India has long been protective about opening up its legal industry to foreign practitioners. The question of whether foreign law firms or lawyers can practice in India was left in limbo until it was considered in March 2018 by the Supreme Court of India following an appeal by the Bar Council of India of the decision of the Madras High Court in February 2012 and by the ‘Global Indian Lawyers’ organisation of the decision of the High Court in Bombay in December 2009.

Following on from the introduction of the EC ADR (Alternative Dispute Resolution) Directive in 2015 (which in the UK designates the Financial Ombudsman (FOS) as the appropriate mediator for financial services disputes), the European Court of Justice has held that it is possible for national legislation to require a consumer to attempt to mediate a dispute before allowing a court claim to proceed.

RBS are no longer in the clear in their case against the Property Alliance Group, as the Court of Appeal authorises the borrowing company’s appeal.

The Court of Appeal has handed down judgment in the case of African Export-Import Bank & Ors v Shebah Exploration & Production Company Ltd & Ors [2017] EWCA Civ 845 about whether the standard terms found in the industry standard form syndicated loan documentation are “another’s written standard terms of business” for the purpose of the Unfair Contract Terms Act 1977 (UCTA) and therefore susceptible to a “reasonableness test” for the purposes of considering whether any of the terms are unfair and therefore not enforceable.

The Act received Royal Assent on 27 April 2017. This legislation is intended to overhaul the Proceeds of Crime Act 2002 (POCA) and the anti-money laundering and confiscation regime.

The Banking Industry standards organisation, the Wolfsberg Group, made up of 13 leading banks, which aims to develop frameworks and guidance for the management of financial crime risks has issued new guidance on Anti-Bribery and Corruption (ABC) compliance for financial institutions. These form the current measure of best practice for banks and other financial services businesses.

UK Top 100 law firm RWK Goodman has been instructed to advise on the compulsory liquidation of a national chain of 122 clothing retail shops, known as Store Twenty One by its liquidators, Simon…

RWK Goodman has partnered with market leader QLP to offer commercial clients a facility to financially strengthen their claims and manage the cost of litigation.