The Pit of Permanent Establishment – Part 1

When technology businesses have exhausted the market in the UK, the next logical step is to start exporting services. Exporting to EEA countries has its own challenges, including differences of language and sometimes also of culture, but exporting beyond the European Single Market may bring some more interesting additional legal and fiscal challenges, including the spectre of “permanent establishment”. A …

Governing Law (Does the Contract do what it says on the Tin?)

Why not just give in when a customer or supplier wants a contract to be governed by the laws of the country they are based in? Well it might work and it might not, and whilst this is not an exhaustive list, here are a few things to think about….. 1. The Biggest Show in Town Problem If you are …

Legal Agreements are for Life and not Just for Christmas…..

The Court of Appeal case of Dixon and another v Blindley Heath Investments Limited (2015) EWCA Civ 1023 is an interesting decision about what happens when a business (or its lawyers) prepare a set of legal documents, which are intended to govern the rights of the stakeholders in the business, but then the business ignores or forgets about those documents …

Contract Translations (A Rose by any other name….)

Next time you are negotiating a contract with a business based in a country where English is not the first language, always try to put language in there which makes clear that the language of the Agreement is English and that in the event of any conflict between the English version and a translation, the English version will take precedence. …

Is a public authority an “economic operator” for the purposes of the EU public procurement rules?

(Case C-203/14: Consorci Sanitari del Maresme v Corporació de Salut del Maresme i la Selva) was a case referred to the European Court of Justice (ECJ) by the Spanish authorities. The question they wanted answered was whether a public authority such as a local council could be considered as an “economic operator” for the purposes of the Public Sector Directive …