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By Virginia Rylatt
Yukos S.A.R.L. v. OJSC Rosneft Oil Company [2012] EWCA Civ 855
Lord Justices Rix Longmore and Davis gave judgment on 27 June 2012 and used the opportunity to review and reformulate the law concerning the Act of State Doctrine.
The review began with Lord Justice Russell in the case of Princess Paley Olga v. Weisz [1929] 1KB 718 who stated that, “ This Court will not inquire into the legality of acts done by a foreign government against its own subjects in respect of property situate in its own territory.”
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By Virginia Rylatt
Under Section 7(2) of the Act it is a defence for a relevant commercial organisation (i.e. one incorporated in the UK or carrying on business in the UK) to prove it had in place adequate procedures designed to prevent persons associated with it from bribing another person intending to obtain or retain business for the company or to obtain or retain an advantage in the conduct of the business for the company. Section 9 of the Act requires the Minister to issue Guidance as to what are adequate procedures.
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By Francis Chubb
If you are thinking of making an investment in another country, you will naturally want to know what can be done if something goes wrong. What happens if, for example, your investment is nationalised? Or, what remedies do you have if the tax structure changes in the country in which you are operating, making your investment uncommercial? It is possible in such circumstances that the redress available locally will not be sufficient, or even be able to consider the losses concerned.
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By Mark Ibbitson
In a recent judgment of Mr Justice Foskett on 23 May 2011, the former Deputy Prime Minister Lord Prescott, the former Scotland Yard Deputy Assistant Commissioner Brian Paddick, the Labour MP Chris Bryant and the journalist Brendan Montague were granted permission to apply for a judicial review into how the Metropolitan Police Service (“MPS”) handled their cases regarding the News of the World phone-hacking scandal.
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