Not exact matches
The EU competition authority said in 2014 the Amazon subsidiary paid a tax deductible royalty to a Luxembourg - based limited
liability partnership
which was not subject to the country's tax
regime.
In the first place, most major corporate misconduct implicates senior corporate officials, such that a
regime of personal — rather than corporate —
liability would provide them with incentives to cause the corporate entity to insure against the risk of such losses,
which satisfies the goal of compensation.
But would that actually be any more unfair on an employer than the strict
liability regime in Stark
which appears to be accepted as fair?
The new additional bonus will be on top of the defendant's existing
liability in this situation to pay the claimant interest post - offer on the whole or part of damages of up to 10 % above base rate; indemnity costs post-offer (and indemnity costs trump the proportionality argument
which will be runnable with a vengeance under the new
regime); and interest on costs at up to 10 % above base rate.
This legal
regime is very similar to criminal
liability,
which is very questionable in terms of constitutionality, as the Brazilian Constitution predicts criminal
liability for legal entities only in cases of environmental crimes.
Trustees contemplating action pre-5 April 2008 will in many cases also have to consider how to take advantage of the current more benign CGT rules for non-domiciliaries without triggering CGT
liability for beneficiaries who are both resident and domiciled in the UK and the need to analyse the trust's income records to ensure that all retained income (as well as gains
which may give rise to
liability in the future) is fully distributed — the catch being that distributions to UK resident beneficiaries always draw down relevant income under the Income Tax Act 2007, s 732
regime in priority to gains under TCGA 1992, s 87.
The Product
Liability Directive (PLD), which created the strict liability regime in the EU, has had a 30 year lifespa
Liability Directive (PLD),
which created the strict
liability regime in the EU, has had a 30 year lifespa
liability regime in the EU, has had a 30 year lifespan so far.
In its 2005 report, the Commissions proposed extending the existing
regime to include «notices
which purported to exclude or restrict business
liability resulting from negligence».
The Court of Appeal's decision reflects an appropriately nuanced approach to the impact of the purposes of the Act —
which include investor protection and efficient capital markets and confidence in capital markets — on the interpretation of the secondary market
liability regime.