Articles

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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Could a lender owe a higher duty of care to its customers beyond simply conveying the correct information?

Could a lender owe a higher duty of care to its customers rather than one simply not to misstate facts, even where no advisory relationship exists? A recent case, Philip Thomas, Helen Thomas v Triodos Bank NV [2017] EWHC 314 (QB), has highlighted that,...

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The Competition Appeals Tribunal finds that the Law Society abused its dominant market position

The Competition Appeals Tribunal (the “CAT”) found in its ruling of 26 May 2017 that the Law Society of England and Wales (the “Law Society”) abused its dominant market position by requiring law firms accredited under its Conveyancing...

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Aviation's cyber conundrum

Cyber crime and threats loom in the aviation industry. Cyber-crime and cyber threats are very much a topic du jour and was certainly a talking point at the recent Paris Air Show I attended. Following allegations of interference in recent elections around...

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High Court implies public law limitations on a contractual discretion

In a case which may surprise (and possibly alarm) lenders and their advisers, the recent decision of the High Court in Watson v Watchfinder.co.uk [2017] EWHC 1275 illustrates the potential pitfalls for commercial parties with a (seemingly absolute)...

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Article 50: what next for international contracts?

The UK government set the clock ticking as it served notice of departure from the European Union (EU) on 29 March, with negotiations likely to start in earnest soon after the general election on 8 June. As the nation braces itself for what could be a bumpy...

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European Commission fines Google 2.42 billion Euros for breaching EU competition law by abusing its dominant position

The European Commission (the “Commission”) has fined Google €2.42 billion, the largest EU fine imposed on a company for infringing EU competition law. The Commission considers that Google abused its dominant position as a search engine by...

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Location, location, location... European Medicines Agency Brexit guidance published

With the uncertainty that comes with considering the impact of the “B” word, guidance has recently been published by the European Commission and the European Medicines Agency (EMA) with regard to centrally authorised medicinal products for human...

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Important changes to the People with Significant Control (PSC) regime

On Monday 26 June the Information about People with Significant Control (Amendment) Regulations 2017 (“Regulations”) came into force.  The Regulations modify and extend the existing national PSC register measures in order to complete the...

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Discrimination risk when providing references

The recent tribunal case of Mr P Mefful v Citizens Advice Merton and Lambeth serves as a reminder of the risks when giving references to prospective employers. The tribunal found that an employee was discriminated against by their former employer after the...

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International Commercial Transactions, Franchising, and Distribution - The Year in Review

Nicola Broadhurst, Head of Franchising, reviews the Modern Slavery Act in the American Bar Association's Section of International Law annual publication. This article reviews 2016 legal developments to the field of international...

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Recast European Insolvency Regulation (2015) comes into effect - 26 June 2017

The recast European Insolvency Regulation (EIR) applies to all insolvencies commencing on or after 26 June 2017. It replaces the EC Regulation on Insolvency Proceedings (2000)(the “EC Regulation”), although the EC Regulation will still apply to...

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Queen's Speech confirms UK will implement GDPR

The Queen’s Speech yesterday shed further light on how the General Data Protection Regulation (GDPR) will be implemented in the UK.  The speech confirmed that the UK would implement the GDPR as well as the new European Directive on processing by...

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6 July share schemes reporting deadline - Time to act

This briefing discusses HMRC’s upcoming 6 July deadline for certain filings relating to share schemes and other employment-related securities. HMRC will not issue reminders for these reporting requirements. Even if there has been no activity for the...

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Non-compete clause: consideration given to expectations of future promotions when determining reasonableness

The recent High Court case of Egon Zehnder Ltd v Mary Caroline Tillman has found that, although the reasonableness of a non-compete clause should be assessed at the time the contract is entered into, the parties’ expectations of future promotions...

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Construing limitation and exclusion of liability clauses in construction contracts

Persimmon Homes Ltd & Ors v Ove Arup & Partners Ltd [2017] EWCA Civ 373 Case Summary A property development consortium comprising Persimmon Homes, Taylor Wimpey and BDW brought a claim for damages against Ove Arup (a civil engineering firm) for...

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Dismissing a whistleblower: is the employer's belief that the disclosure is not protected relevant?

The recent Court of Appeal case of Dr Beatt v Croydon Health Services NHS Trust has found that, in a whistleblower dismissal case, the question of whether a disclosure is protected is an objective one. Facts Dr Beatt, a consultant cardiologist, was...

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New UK law to control generic drug prices - implications for pharma

In an article which first appeared in Pharmaphorum , Charlotte Tillett and Astrid Arnold outline the aims and implications of the new legislation. Drug pricing legislation update The UK’s Health Service Medical Supplies (Costs) Act 2017 obtained...

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Corporate Borrowers: PLC checklist for negotiating a debenture

Head of Banking and Finance, Jonathan Porteous, and Senior Associate, Matthew Padian, have prepared a checklist for leading legal publisher, Practical Law, covering the key points for corporate borrowers to consider when granting security over assets...

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Beds and Sheds - a viable solution for retailers?

Howard Lupton, examines the need for joint ventures between industrial and residential developers to keep up with the demand for warehousing and homes within the M25.  Retailers need more last-mile logistics capacity within the M25, but will the market...

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Winding up petitions rarely appropriate to recover sums due under a construction contract

In the recent case of Breyer Group plc v RBK Engineering Ltd [2017] EWHC 1206 (Ch), the High Court confirmed that winding up proceedings will rarely be an appropriate forum to recover sums due under a construction contract, particularly in circumstances...

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Disability discrimination: what happens if an employee's sick leave results in the identification of a redundancy situation?

In the recent case of Charlesworth v Dransfields Engineering Services Ltd , the Employment Appeal Tribunal (“EAT”) has concluded that, where an employee’s sickness absence allows his employer to identify that his role is no longer needed...

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Election roundup - what the manifestos tell us about immigration and HR

Immigration takes centre stage again with the general election around the corner.  Jackie Penlington takes a closer look at what each Party is proposing in their manifestos and what impact these policies may have on UK businesses. Conservatives ...

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European Commission publishes its final report on the e-commerce sector enquiry

On 10 May 2017, the European Commission (the “Commission”) published its final report on the e-commerce sector inquiry. The report deals with factual findings and competition concerns in relation to consumer goods and separately digital content....

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