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EUROPE - United Kingdom 

30.7.09
Marks a historic constitutional and legal date in the UK – the transference of the House of Lords' appellate functions to the Supreme Court. From October 2009 there will no longer be Law Lords but Justices wielding judicial power. Some commentators suggest another check & balance to the executive's predominance in the political system has been removed. Others extol the development of a (physically) independent and impartial judicial branch. It remains open to conjecture as to whether the beast from within or the brains from without develops.

21.7.09
To save costs, Pinsent Mason, has followed Rio Tinto to become one of the first UK firm to outsource legal work to South Africa. Its lawyers will undertake first reviews of documents at around 50% saving. Pinsents Head of Dispute Resolution and Litigation Nigel Kissack said: “Does it need some of the best brains in Britain to do that work? We wanted to offer an alternative to our clients – it’s the same work and the same quality, but at a lower cost.”

2.7.09
Following a Court of Appeal judgment, UK courts could be forced to recognise pre-nuptial agreements - similar to the binding effect they have in the rest of Europe & Thailand. Thorpe LJ ruled in Katrin Radmacher: “Due respect for adult autonomy suggests that, subject of course to proper safeguards, a carefully fashioned contract should be available as an alternative to the stress, anxieties and expense of a submission to the width of the judicial discretion.”

Question: UK law is out of step with the rest of the world as statute needs to be amended to reflect societal needs or apportioning finances before the matrimonial wedlock is offensive? Discuss it on the blog......


ASIA - Thailand

Feb 2009
The Liability for Damages Caused by Unsafe Goods Act B.E. 2551 holds  “entrepreneurs” jointly liable for damages caused by unsafe goods sold to consumers. This effectively increases the potential liability exposure for companies; including retailers, manufacturers and suppliers. Practically, however, this would require the judicary and Committee to stringently enforce it with severer penalties for breaches  - which has not been forthcoming.