Monthly Archives: August 2012

ILN Today Post

Chocks away in Blackpool – even outside normal opening hours

Parties negotiating contracts can find themselves spending a great deal of time refining their contractual obligations, be they “reasonable endeavours”, “best endeavours”, “all reasonable endeavours” or some other standard. However, as a recent case highlights, the most important way of avoiding unwanted repercussions is certainty in the obligation itself.

The Court of Appeal had to consider a clause requiring the use of “best endeavours” and “all reasonable endeavours” to decide whether Blackpool Airport Limited (BAL) was in breach of contract when it declared that it would no longer accommodate’s wish to operate outside the normal hours of the airport. The contract itself was silent on the operation of flights outside such hours and BAL was incurring a loss accepting those arrivals and departures. More…

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ILN Today Post

Getting your service charge demands correct

As owners of residential properties will be aware, the Landlord and Tenant Act 1987 states that any written demands for service charge must contain “the name and address of the landlord”. A recent decision of the Upper Tribunal (Lands Chamber) may well be important to them.

In that case the service charge demand contained the name of the landlord but gave the address of the landlord’s managing agents. That situation may well be common. Managing agents normally run service charge funds and whilst demands may be sent in the landlord’s name, the agent’s address would be used. More…

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ILN Today Post

Recent Developments in the Regulatory Landscape of India

Reported here are the recent developments in the regulatory landscape of India, that are relevant for the medical professionals as well as the pharmaceutical and allied healthcare industry (“Industry”).

Tax on Freebies to the Doctors

The Central Board of Direct Taxes, Ministry of Finance, India (“CBDT”) has on August 1, 2012 directed, in effect, that the Industry as well as medical practitioners would be liable to income tax on the value of any freebies given by the Industry to the medical practitioners.

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Week of August 6, 2012 on ILNToday – A Roundup

It’s been another busy week here at the ILN, and we’re very much looking forward to our 2012 European Regional Meeting at the end of September in Madrid!

But in the meantime, here are this week’s top posts from ILNToday:

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Ohio Statehouse Update: Week in Review — August 10, 2012

1. Modified electric security plan adopted for AEP Ohio

The Public Utilities Commission of Ohio (PUCO) has approved a modified electric security plan (ESP) for AEP Ohio that establishes generation rates through May 31, 2015. The plan also sets a schedule for AEP to expeditiously transition to a competitive market, in which generation rates will be fully set through a competitive bidding process beginning in June 2015.

During the term of the ESP, base generation rates will be frozen at current levels. AEP will conduct an energy-only auction for 10 percent of its standard service offer (SSO) load upon the completion of its pending corporate separation plan. On June 1, 2014, AEP will conduct an additional energy auction for 60 percent of its SSO load. A third energy auction will be held by January 1, 2015 for 100 percent of AEP’s SSO load. Under the terms of the order, AEP is directed to file with the PUCO a detailed competitive bidding process by December 31, 2012.

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HEALTH REFORM: Providers: Do Your Managed Care Participation Agreements Apply to New Insurance Exchange Products?

As enacted in the Patient Protection and Affordable Care Act (“ACA”), states are required to have established operational health benefit exchanges by January 1, 2014, or the federal government will implement one for them. These exchanges will allow individuals[1] and small businesses[2] to buy health care coverage and are expected to add approximately 30 million currently uninsured persons to the health insurance market. Most of the health plans that will be offered on such exchanges will be managed care plans with networks of participating providers. Thus, the resulting new business will be covered by hospital, physician, and other provider participation agreements with such managed care plans.

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Construction company fined over multiple safety failings

An Ammanford construction company has been fined after a routine inspection at one of its sites revealed a number of dangerous failings.

Swansea Magistrates’ Court heard that on arrival, HSE’s inspectors were informed that the site manager was on holiday. Construction sites need a site manager to ensure that risks to health and safety are adequately controlled.

Washing facilities were found to be inadequate and workers were found not to be wearing protective glasses or gloves, which was of particular concern as lime mortar was being used. Use of lime mortar creates a serious risk to health and can lead to the loss of sight, skin burns or dermatitis.

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Plaintiff Spoliates Self And Her Case Dismissed

On August 7, 2012, the New York Law Journal reported that the lawsuit of a woman, who disobeyed three court orders directing her to undergo a physical examination by a defense medical expert in a personal injury lawsuit before she underwent spinal surgery, was dismissed due to spoliation of evidence.  The evidence that was spoliated was plaintiff’s pre-surgery physical condition!  The decision in Mangione v. Jacobs (2012 NY Slip Op 22211) is attached.

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Lidings’ Counsel Stepan Guzey commented on the initiative of Ministry of Justice

Stepan Guzey, a Counsel of Corporate and Tax practice at Lidings, participated in the discussion dedicated to a draft Federal law introduced by the Ministry of Justice of the Russian Federation stating that citizens now obtain the right to apply to court with collective claims. Mr. Guzey has shared his views and opinions on perspective application of this innovative change live on ExpertTV.

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Majority confident their job is secure

A recent survey has found that despite gloomy stories that UK job creation has fallen to a three year low, British workers are feeling very positive about their job security.

Legal & General’s new quarterly Job Security Index found that Brits’ confidence in their future job prospects is strong across the board. Working adults employed in full time employment are slightly more confident about their job security (77%) than those engaged in part time employment (67%), but the overall message would appear to be that people are not currently worried about their job security or risk of redundancy.

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