Articles

Monitoring employee's emails interfered with Article 8 privacy rights

In the case of Barbulescu v Romania , the Grand Chamber of the European Court of Human Rights (“ECtHR”), has found that the monitoring of Mr Barbulescu’s Yahoo Messenger communications infringed his Article 8 privacy rights. This decision...

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Injury to feelings: Vento bands increased

The President of the Employment Tribunals has recently confirmed an increase in the compensation bands (known as the Vento bands) awarded for injury to feelings in discrimination cases.  In discrimination claims, claimants can seek an award for injury...

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Data Protection Bill put before Parliament

The new UK Data Protection Bill was introduced to the House of Lords on 13 September 2017, starting off its journey towards becoming law. The Bill is a complete data protection system, covering general data processing, law enforcement data and national...

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Bank's attempt to point finger at project monitor fails because its wider lending decisions were botched

In this update Caroline Carmichael and Jonathan Porteous consider the recent case of Bank of Ireland & Anor v Watts Group Plc , in which the High Court rejected the bank’s claim that a monitoring surveyor was negligent when reporting on a...

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European Commission takes robust position on intellectual property

On 6 September 2017 the EU Commission published its Position Paper on Intellectual Property for the purposes of the Brexit negotiations. Its primary focus is on ensuring that existing holders of EU IP rights (whether based in the remaining EU27 states or in...

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CAP to issue new standards on gender stereotyping in advertising

The Committee of Advertising Practice (CAP) will issue new standards on gender stereotyping in advertising. These will aim to address concerns about the harmful effects that gender stereotyping can have on children, young people and adults. The CAP...

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Supreme Court Rules on Conflicting Contractual Standards

In MT Højgaard A/S v E.ON Climate and Renewables UK, the Supreme Court has found the contractor liable to comply with a more onerous “fitness for purpose” obligation contained in a technical schedule despite less onerous obligations...

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Costs risk on serving a statutory demand - a cautionary tale from the Court of Appeal

In Dunhill v Hughmans (A Firm) [2017] EWHC 2073 (Ch ), the Court of Appeal held that the appellant (Dunhill) was entitled to be paid her costs for her successful application to set aside a statutory demand served on her by Hughmans.   The Facts Ms...

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Anna Perry Interview

In this bulletin we interview Anna Perry, who recently joined Stevens and Bolton’s Restructuring and Insolvency practice as a Senior Associate.   Anna trained at Clifford Chance LLP and spent almost five years in its Restructuring and Insolvency...

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Trade marks: Supreme Court confirms that criminal sanctions apply to grey market sales

A person selling fake branded goods not only risks a civil action for trade mark infringement but may also commit a criminal offence punishable by up to ten years imprisonment or a substantial fine (S.92 Trade Marks Act 1994). In the case of companies, the...

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Andrew Dodds Interview

In this bulletin we interview Andrew Dodds, Managing Associate in the Banking & Finance team at Stevens & Bolton LLP. Andrew trained at the international law firm, Freshfields Bruckhaus Deringer LLP, and joined their structured finance team on...

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How far can a garage go in using the marque?

A brand owner cannot prevent an unauthorised dealer or maintenance service from using its registered trade mark to indicate that it sells or repairs the branded goods or that it is a specialist in such goods. However, if it goes further and uses the trade...

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"Not small beer: challenging collection fees charged by asset based financiers"

Many asset based lenders charge collection fees as part of making available asset based facilities to companies.    What is asset based lending / invoice discounting? Asset based lending (more particularly, invoice discounting) is a financing...

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New rules on portability of online content services

Many online content services such as Netflix and Spotify already provide the facility for subscribers to access the service from abroad. This will become a legal requirement within the EU from 20 March 2018 under new EU rules (Regulation 2017/1128). The new...

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Pharmaceutical patents: High Court strikes out health service claim for compensation

In a decision handed down on 2 August 2017 the High Court has held that alleged fraudulent misrepresentations made by Servier during prosecution and enforcement of a patent relating to the anti-hypertensive prescription drug perindopril (Coversyl) did not...

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UK Government sets out its position on civil judicial cooperation post Brexit

On 22 August 2017 the UK Government published its position paper on judicial cooperation between the UK and the EU after Brexit. IP Partner Tom Lingard and IP PSL Astrid Arnold discuss the issues. Where commercial arrangements operate across borders it is...

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Hole in 1.45m

The CMA has fined Ping £1.45m for preventing 2 UK retailers from selling its golf clubs on their websites, notwithstanding that the CMA found that “Ping was pursuing a genuine commercial aim of promoting in-store custom fitting.” EU...

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Duomatic Principle: Practical Law note considering the common law principle

Restructuring & Insolvency senior associate, Rebecca Walker, and corporate PSL Kathryn Saunders, have prepared a guidance note considering the scope, application and limitations of the common law principle of shareholder decision-making, by informal...

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Voluntary overtime included in holiday pay

The Employment Appeal Tribunal in Dudley Metropolitan Borough Council v Willetts has recently held that voluntary overtime pay should be taken into account when calculating holiday pay for 4 weeks of a worker's holiday. Background The EU Working...

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Whistleblowing: Court of Appeal considers the public interest test

In the recent case of Chesterton Global Ltd and another v Nurmohamed and another , the Court of Appeal considered the extent of the public interest test in the context of whistleblowing claims. This case confirms that the concept of public interest should...

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The Great Repeal Bill: The law of unintended consequences?

The Government published its European Union (Withdrawal) Bill, otherwise known as the ‘Great Repeal Bill’, (the “Bill”) on Thursday 13 July 2017.     As set out in the government’s Explanatory Notes, the Bill...

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The liquidators of BHS file claims against Arcadia Group

BHS first entered administration on 25 April 2016. At the insistence of its major unsecured creditor, the Pension Protection Fund (“PPF”), it subsequently entered liquidation on 2 December 2016.  It is now reported that Anthony Wright and...

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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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Employer pension contributions included in a week's pay

In the recent case of University of Sunderland v Drossou, the Employment Appeal Tribunal has held that employer pension contributions should be included in the calculation of a week’s pay under the Employment Rights Act 1996 (“the ERA”)....

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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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