Articles

Report into whether franchising can help create quality jobs in London

The International Centre for Social Franchising (ICSF) has released a new report ‘Franchising: The Potential to Create Quality Jobs in London’ which looks at the potential of franchises to provide quality employment for low income groups in...

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Why it's sensible to consider a Lasting Power of Attorney for ageing parents

It’s hard when your ageing parents need more and more of your help. Coping with the emotional and practical stresses of caring for elderly parents can be very challenging, especially when vital decisions about healthcare and finances need to be made. ...

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Au revoir to LIBOR?

All good things must end sometime and so the same would appear to be true of LIBOR. On 27 July, the Chief Executive of the UK’s Financial Conduct Authority (“ FCA ”), Andrew Bailey, delivered a speech on the future of LIBOR and announced...

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5 key questions that a private company should consider before an own share purchase

Last week HSBC began the process of buying back up to $2bn (£1.5bn) of its own shares, increasing the amount returned to its shareholders to $5.5 billion this year alone.  Share buybacks are a useful tool for various reasons, but require careful...

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Airbnb agrees to amend online review system

Airbnb has agreed with the Competition and Markets Authority ( CMA ) to change its online review system. The change means guests who decided not to stay at a property will be able to leave reviews. This comes as part of the CMA’s on-going work to...

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Government Outlines Plans for New Data Protection Bill

The Government has issued a Statement of Intent outlining its plans for the new UK data protection law.  The new law will update existing rules, replace the Data Protection Act 1998 ( DPA ), and implement the provisions of the EU General Data...

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Tribunal rules Addison Lee cycle courier was a worker

There has recently been another defeat for employers in the gig economy who are seeking to classify those working for them as independent contractors instead of workers. The London Central Employment Tribunal has recently ruled that a former cycle courier...

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Court of Appeal rejects suggestion that validity of floating charge depends upon availability of uncharged assets

The Court of Appeal has recently determined that a floating charge will be valid even if, at the time when it is created, there are no unencumbered assets for it to attach to. The relevant case can be read in full at the following link: ...

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Brexit and EU Data Protection Reform: House of Lords Report

The House of Lords EU Home Affairs Sub-Committee recently published a report on the EU Data Protection reforms and the impact of Brexit. The report acknowledges the importance of maintaining unhindered personal data flow between the EU and UK post-Brexit and...

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Are documents generated in internal investigations privileged?

The question of legal professional privilege has been considered again by the Court, which has maintained its narrow scope and has approved the approach taken most recently on the topic as part of The RBS Rights Issue Litigation. In the case of Serious...

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New Guidelines on Privacy Impact Assessments under the GDPR

Some organisations are already familiar with using ‘data protection impact assessments’ or ‘privacy impact assessments’ (“PIAs”) as a way to identify and mitigate risks associated with personal data processing.  PIAs...

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Luxury suppliers may ban sales on internet marketplaces?

AG opinion in Coty case: A luxury supplier may ban its authorised resellers from selling its products on an internet marketplace provided selective distribution criteria are met On 30 March, the Court of Justice of the European Union (the...

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Equality of survivor's pensions for same-sex partners confirmed

The Supreme Court has recently ruled that survivor’s pensions, available under many occupational defined benefit pension schemes, should be available to same-sex surviving spouses and civil partners without limiting the pension to a scheme...

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FCA bans restrictive contractual clauses in financings

On 27 June the Financial Conduct Authority (FCA) published Policy Statement 17/13 setting out its final rules to ban contractual clauses that restrict competition without being clearly beneficial to clients. This Policy Statement, including the FCA’s...

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Patents - UK Supreme Court broadens the scope of protection

The claims of a patent are sometimes thought of as being like a fence, which encloses and defines the scope of the monopoly granted by the patent.  If so, the exact position of the fence is often a key subject of contention in patent litigation. In a...

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Brexit: EMA is on the move; Life Sciences industry's united front

We reported last month on the guidance for MA holders which was issued by the European Commission and the European Medicines Agency (“EMA”) (see our note Location, Location, Location…. ). This month we focus on the location of the EMA...

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New guidance for employers on data processing

Given the rapid adoption of new workplaces technologies and ahead of the General Data Protection Regulation (“GDPR”), the Article 29 Working Party has released a new opinion on processing personal data in the context of the workplace.  The...

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Employment tribunal fees unlawful

Employment Tribunal fees have been declared unlawful and indirectly discriminatory by the Supreme Court in the case of R (Unison) v Lord Chancellor . Employment Tribunal fees are therefore no longer payable and the government has committed to reimbursing...

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What type of equity financing is right for your business?

Financing a start-up through its initial development and into the growth phase is a key concern for entrepreneurs. Finding the right type of funding, in sufficient quantity, when it's needed is one of the biggest challenges a new business faces. Equity...

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Loan facility agreements: when does one party deal on the other's written standard terms of business?

In a recent case, African Export-Import Bank and Others v Shebah Exploration & Productions Co Ltd & Others [2017] EWCA Civ 845, the Court of Appeal provided some clarity on when negotiation and amendment of “written standard terms of...

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Attorney General's opinion could mean large historic liabilities for gig economy workers' holiday pay

The Attorney General (“AG”) has recently given his opinion in the case of King v Sash Window Workshop Ltd. His opinion states that employers must provide an ‘adequate facility’ for workers to exercise their right to paid...

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Developments in the online sale of pharmaceuticals in the EU

In this article, Gustaf Duhs, Partner and Head of Competition and Regulatory Law at Stevens & Bolton LLP, sets out a brief summary of the recent case before the CJEU relating to fixed pharmacy prices involving online pharmacy DocMorris and what this...

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New voluntary capped costs pilot for claims up to £250,000

Further to our May 2017 update on fixed recoverable costs, a new voluntary capped costs pilot scheme is soon to be introduced in the High Court for claims up to £250,000 proceeding in the London Mercantile Court or the Mercantile, Chancery or...

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Controlling the Drugs Bill

The NHS drugs bill (reportedly over £15.2 billion in 2015-16) recently came into sharp focus following news reports highlighting dramatic price increases for longstanding generic drugs. Examples frequently cited include the anti-epilepsy drug...

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Store Twenty One is the latest casualty of the retail sector as company enters liquidation

The West Midlands company, Grabal Alok (UK) Limited, better known as ‘Store Twenty One’ entered liquidation on 11 July 2017 on the making of a winding up order by the High Court. This is the latest casualty in the retail sector amongst...

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Out of tune?

The development of streaming services such as Spotify and Tidal, alongside a society that actively shares content across social media, has changed the landscape for those working in the music industry. In 2017, streaming is projected to overtake physical...

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Changes to the Subject Access Code of Practice

The Information Commissioner’s Office has updated its Subject Access Code of Practice to reflect two recent Court of Appeal judgements which examined the obligations to comply with a subject access request. Background The Data Protection Act 1998...

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Should a tribunal consider a Claimant's long-term future loss of earnings if they did not expressly assert it?

In the case of Small v Shrewsbury and Telford Hospitals NHS Trust , the Court of Appeal found that a Claimant was entitled to long-term loss of earnings even though they did not advance such a claim. This was in the context of a whistleblowing claim where...

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Data Protection and Launch of New Fundraising Preference Service

On 6 July, the Fundraising Regulator launched the Fundraising Preference Service (FPS), a new scheme which enables members of the public to request that selected charities stop sending direct marketing communications to them. The FPS allows members of the...

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Amazon, Brands and the War on Counterfeits: A Guide to Protecting your Rights

Given its extensive media coverage, few of you will have let the third annual Amazon Prime Day pass you by unnoticed.  However, Amazon’s success is down to more than just flash sales and impressive marketing campaigns.   From its...

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