Latest updates
Procedural decisions relating to Herceptin under amended PMNOC Regulations
Smart & Biggar/Fetherstonhaugh- Healthcare & Life Sciences
- Canada
- June 27 2018
Two recent decisions addressed procedure under the 2017 amendments to the Patented Medicines (Notice of Compliance) Regulations. In the first case, Prothonotary Aylen ruled that the court lacked jurisdiction to consider a motion under Section 5(3.7) of the regulations to vary confidentiality rules imposed by a party that has served a notice of allegation under Section 5(3.5). In the second case, Aylen dismissed Pfizer's motion to dismiss, adjourn or delay a motion filed by Amgen under Section 6.08.
Decline in turnover as grounds for dismissal
Schoenherr Attorneys at Law- Employment & Benefits
- Hungary
- June 27 2018
Hungarian law generally requires employers to justify the termination of an employment relationship, and economic grounds generally serve as valid grounds for dismissal. A recent Supreme Court case clearly shows that even when an employer has a rightful interest in dismissing certain employees for economic grounds, the justification of the dismissal must be formulated correctly in accordance with the law. Otherwise, employers may have difficulties protecting themselves in court.
New IR35 rules coming to the private sector
Lewis Silkin- Employment & Benefits
- United Kingdom
- June 27 2018
The government has launched a consultation to tackle non-compliance with the IR35 regime in the private sector. If the main proposal is implemented, businesses engaging individuals who supply their services via their own company or partnership (intermediary) will be responsible for determining whether the IR35 rules apply. If so, the party paying the intermediary will be responsible for operating pay-as-you-earn tax and national insurance contributions on the fees that it pays to the intermediary.
No compensation for missed flight due to security check delays
Arnecke Sibeth Dabelstein- Aviation
- Germany
- June 27 2018
In its latest decision, the Federal Court of Justice has reiterated that passengers are responsible for their own schedules and must allow sufficient time for airport security checks. The decision may lead to more flexible case-by-case judgments and suggests that airports, airlines and the state are not solely responsible for losses incurred from delays at airport security, but that every passenger has their own obligations and responsibilities.
Health Canada to propose post-market amendments to Medical Devices Regulations
Smart & Biggar/Fetherstonhaugh- Healthcare & Life Sciences
- Canada
- June 27 2018
Health Canada recently issued a notice of intent to "propose regulatory changes to strengthen the post-market surveillance and risk management of medical devices in Canada". Among other things, the amendments will provide the minister of health with the authority to request analytical issue reports from a manufacturer when there is a suspicion of a safety concern and require manufacturers to notify Health Canada of any significant change in the safety of a medical device.
Exploiting aviation industry's economic potential
George Etomi & Partners- Aviation
- Nigeria
- June 27 2018
For the aviation sector to generate more income, the government must address a number of challenges to maximise the sector's full potential. Such challenges include compliance with the International Civil Aviation Organisation global standards, the difficulties experienced by aviation stakeholders wanting to access funds or ensure financing for the modernisation and expansion of their infrastructure, the slow implementation of the Yamoussoukro Decision and Nigeria's requisite skill shortages.
Bill 174: Ontario's take on cannabis legalisation
Fasken- Employment & Benefits
- Canada
- June 27 2018
The Cannabis, Smoke-Free Ontario and Road Safety Statute Law Amendment Act has received royal assent and serves as the provincial framework in anticipation of the enactment of federal legislation relating to the cultivation, sale, distribution and consumption of cannabis. The act brings significant changes for employers, including with regard to the prohibition on the use of products in several locations, the right to a smoke-free workplace and the prohibition against smoking while driving.
Aviation sector overview 2018
George Etomi & Partners- Aviation
- Nigeria
- June 27 2018
For the Nigerian aviation industry 2018 began on a relatively high note. In 2017 the sector experienced a number of milestones which should serve as leverage for building success as the country becomes an air travel hub in West Africa. These developments include the country's increased ranking in the Level 3 State Safety Programme Implementation Process, the International Civil Aviation Organisation certification of two airports and the signing of the Executive Order on Ease of Doing Business in Nigeria.
Spotlight on false self-employment and gig economy
Mason Hayes & Curran- Employment & Benefits
- Ireland
- June 27 2018
The Department of Employment Affairs and Social Protection recently launched an ad campaign on what they term 'false self-employment'. If an individual is deemed to be an employee instead of self-employed following assessment, it could have serious employment law, tax or social welfare implications for the employers concerned. Businesses that engage individuals on a self-employed basis should take steps to ensure that their work practices are appropriate.
Travel time is working time: Supreme Court confirms EFTA Court's approach
Homble Olsby Advokatfirma AS- Employment & Benefits
- Norway
- June 27 2018
The Supreme Court recently concluded that time spent travelling on an employer's orders constitutes working time. This conclusion is in line with a recent European Free Trade Association Court advisory opinion and has ended a four-year legal battle. The judgment will have a broad impact on the Norwegian labour market, as it raises the level of protection available for employees.
Severe uncertainty regarding procedural value of survey reports
ThomannFischer- Shipping & Transport
- Switzerland
- June 27 2018
Survey reports are an essential part of any claims handling process and an important factor in court proceedings. The Code on Civil Procedure provides for numerous clauses of admissible means of evidence. However, party assertions are not listed among these means of evidence. A recent Federal Supreme Court decision suggests that survey reports, at least if prepared by one party alone, could be considered as mere party assertions, thus rendering them useless in court.
Maritime and Commercial Court finds that stevedore contract exists despite lack of written instructions
WSCO Advokatpartnerselskab- Shipping & Transport
- Denmark
- June 27 2018
A manufacturer of wind turbine equipment instigated court proceedings before the Maritime and Commercial Court against a port terminal for damage to wind turbine blades. It follows from the judgment that a contract for the performance of stevedore work, including storage, can be deemed to exist irrespective of the fact that no written instructions or booking from a principal has been issued or received.
Supreme Court rules that borrowing money from customer is just cause for termination
Gün + Partners- Employment & Benefits
- Turkey
- June 27 2018
The Supreme Court recently issued a decision concerning an employee's dismissal for borrowing money from their employer's customer. The Supreme Court reversed the first-instance labour court decision and ruled that the termination was lawful based on the fact that the employee had acted against the rule of integrity and honesty and damaged the employer's reputation.
Spiritual healing – no (illegal) quackery
Preslmayr Attorneys at Law- Healthcare & Life Sciences
- Austria
- June 27 2018
The delineation between medical treatment and quackery is not always easy to draw. A recent Supreme Administrative Court decision has brought some clarifications as to what constitutes legitimate medical treatment as opposed to illegal quackery.
Visual contracts and pitfalls of employment agreements
Lander & Rogers- Employment & Benefits
- Australia
- June 27 2018
Visual contracts, in which an employment agreement is conveyed partially or wholly by pictures, are now a thing – but what are their benefits and risks? In addition to concerns over certainty and variation, there are a number of key issues that businesses should consider before getting out the watercolours to update their employment agreements.
Supreme Court of Canada rules that religious association decisions not open to judicial review
Dentons- Litigation
- Canada
- June 26 2018
A recent Supreme Court of Canada decision concerning a religious association has confirmed that judicial review is not available to review decisions made by private entities that are not exercising statutory authority. While the courts may still review decisions of private entities where causes of action are based on a contract or other underlying legal right, the Supreme Court of Canada has closed the door on judicial review for all private entities by holding that it is available solely for exercises of statutory authority.
Insurance Distribution Directive – a revolution?
DLA Piper Studio Legale Tributario Associato- Insurance
- Italy
- June 26 2018
The new EU Insurance Distribution Directive was recently transposed into the Italian legal system. The Italian insurance regulator also recently published separate consultation papers on its website regarding implementing measures on (re)insurance distribution, pre-contract information for the marketing and manufacturing of insurance products and new procedural rules for the application of fines in case of breach of insurance regulations.
Court clarifies admissibility of mainland court judgment
RPC- Litigation
- Hong Kong
- June 26 2018
The High Court recently analysed the rationale behind the common law principle in Hollington v F Hewthorn & Co Ltd when determining the admissibility of parts of an earlier judgment of a Beijing court arising out of criminal proceedings. The court clarified that under Hong Kong common law, the Hollington principle did not prevent the courts from admitting factual evidence referred to in an earlier judgment of another court or tribunal.
Supreme Court rules on penalty clauses in lease agreements
Pérez-Llorca- Litigation
- Spain
- June 26 2018
The Supreme Court recently analysed the differences between compensatory and punitive penalty clauses in lease agreements and established the requirements for the latter to be valid. The court also ruled that a punitive penalty clause's amount cannot be reduced simply because the lessor enters into a new lease agreement immediately after recovering possession of the commercial premises.
Freezing injunction: what is a good arguable case?
- Litigation
- British Virgin Islands
- June 26 2018
The BVI Commercial Court has provided helpful guidance as to the threshold for a good arguable case, dismissing an application to discharge a worldwide freezing injunction obtained by a claimant. The court held that where there is a good arguable case that a defendant has acted fraudulently or dishonestly, or with "unacceptable low standards of morality giving rise to a feeling of uneasiness about the defendant", further evidence is often unnecessary to justify a freezing injunction.
