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Hogan Lovells News

What is the "MLI" and why is it important in the context of the South African tax system?

13th April 2018 The Base Erosion and Profit Shifting (BEPS) Project of the OECD was launched with the publication of the OECD BEPS Action Plan in 2013. The BEPS Project comprised various "Actions" aiming to fight tax avoidance strategies that exploit gaps and mismatches in tax rules to artificially shift profits... 

Digital money set to disrupt the banking industry

14th March 2018 Natoshi Nakamoto – the creator of bitcoin – had a vision for the new age of commerce and that vision is being realised at a rapid pace as with all financial services, people all around the world desire financial platforms that are convenient, safe, reliable and trustworthy. Cryptocurrency has... 

Does time heal the wound? Loni v MEC for Health discussed

7th March 2018 Yet again, the Constitutional Court (CC) was called upon to determine the meaning of deemed knowledge in terms of section 12(3) of the Prescription Act 68 of 1969 (the Prescription Act) in respect of a medical negligence claim in Loni v MEC for Health, Eastern Cape [2018] ZACC 2 delivered on 22... 

Referring certain disputes to arbitration with organs of state

30th January 2018 Parties often agree to arbitration as an alternative dispute resolution procedure for various reasons, including that it can be quicker and more effective than an ordinary court process. The current trend is that organs of state, including some state-owned entities, are becoming increasingly... 

Draft Fee Regulations – Attempts to address incentivising loopholes

19th December 2017 Section 18A of the South African Medicines Act (the Medicines Act) prohibits the supply of any medicine, medical device or in-vitro diagnostic device, according to a bonus system, rebate system or any other incentive scheme. Although no definitions in respect of these prohibited activities have... 

The legal requirement to think about global warming

22nd August 2017 During March 2017 the High Court of South Africa in Pretoria, handed down a decision that has been hailed in some quarters as a victory in the fight against dirty energy and global warming. The court's decision in isolation isn’t a decisive victory for the proponents of clean energy, but it does... 
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