General counsel update: 22 June 2011

This is the twenty-fifth in our series of general counsel updates which aim to summarise major developments in key areas.

This summary covers the following hot topics (please click here to read the full briefing):

Developments of general interest

Corporate

• European Commission Green Paper on EU corporate governance
• Definition of subsidiary – Supreme Court decision confirms narrow interpretation

Employment

• Statutory default retirements: pre-6 April notices may be invalid
• New paternity rights and other legislative changes
• Final agency worker guidance

Intellectual Property

• ECJ rejects the latest pan-European patent litigation proposals, but the Council authorises use of the cooperation procedure to allow the creation of a Community patent and the EU presidency promotes an alternative litigation system
• The Hargreaves Review of IP and growth – more than Gowers revisited, a “Digital Opportunity”

Litigation

• Legal advice privilege: Law Society to intervene in Prudential appeal to Supreme Court
• Supreme Court abolishes expert immunity
• Brussels Regulation: The UK has decided to opt into negotiations relating to important changes to EU wide rules on jurisdiction and the enforcement of judgments

Tax

• Further details about proposed patent box released

Sector specific developments

Construction

• Nuisance claim needs negligence in order to succeed – Barr v Biffa Waste Services Limited [2011] EWHC 1003 (TCC)
• Court allows a party to reject an adjudicator
• New Guidance on the Selection of Construction Materials

Consumer

• Court of Justice of the EU delivers judgment on the territorial effect of sanctions under the Community Trade Marks Regulation

Financial services regulation

• Next steps in reform of UK financial services regulatory architecture
• Market abuse – a top regulatory priority

Insurance

• Step closer to reform of law of non-disclosure
• First conviction for corporate manslaughter
• Mesothelioma claims to be considered a lost cause for defendants where there has been culpable exposure

Pensions

• HM Treasury announces new provisions to close a loophole for UK residents transferring their pension savings overseas

TMT

• Electronic Communications and Wireless Telegraphy Regulations 2011 and the Privacy and Electronic Communications (EC Directive) (Amendment) Regulations 2011 come into effect
• Judicial review of the Digital Economy Act 2010 upholds online infringement provisions but lets Internet Service Providers (ISPs) off the hook on costs