Articles

'No oral modification' clauses are binding - Supreme Court

In Rock Advertising Limited v MWB Business Exchange Centres Limited [2018] UKSC 24, the Supreme Court  held that a contract containing a provision that “all variations to this licence must be agreed, set out in writing and signed on behalf of...

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Levi's called a 'trademark bully' in their dispute with Barbour

Our IP team provides their expertise on Levi's trademark dispute with Barbour in the following publications: Drapers  (requires subscription) Retail Gazette     ...

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UK Supreme Court rules in favour of a heating engineer in gig economy case

The Supreme Court has today rejected an appeal by plumbing company Pimlico Plumbers in a decision that is set to have further implications for workers’ rights. S&B's Boma Adoki provides her legal view on the judgement...

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ISP intermediaries protected by ruling in Cartier counterfeit case

S&B's Elaine O'Hare shares insight on the UK Supreme Court's ruling in favour of ISP intermediaries in the Cartier case in World Intellectual Property Review. Please see the full article here .  ...

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The EU Court of Justice rules in favour of Louboutin over red soles

Elaine O’Hare helps explain the 12 June ruling by the EU Court of Justice on the Louboutin case in a number of publications. Please see the following: Business Matters Drapers  (requires subscription) Financial Times (requires...

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How to use technology to diversify and enhance a physical store

Nicola Broadhurst and Angelica Lovell cover essential ways to use technology to diversify and enhance a physical store in their recent article in Essential Retail. Please see the full article here ....

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New rules on taxation of termination payments

New rules came into force on 6 April 2018 which changed the taxation of termination payments where both employment ends and the termination payment is received on or after that date. The new rules are designed to simplify the taxation of termination...

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UK implementation of the new Trade Secrets Directive

The EU Trade Secrets Directive (2016/943) (the “Directive”), the implementation deadline for which is this month - June 2018, was drafted with the intention of harmonising the law governing trade secrets and providing a common standard of...

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The Brexit transition and EU employees

S&B's Kerry Garcia and Jackie Penlington provide their expertise on whether Brexit will affect your employees’ immigration status in their recent article in HR Zone.   Please see the full article here ....

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The Supreme Court considers when contractual notice of termination takes effect

In the case of Newcastle upon Tyne Hospitals NHS Foundation Trust v Haywood , the Supreme Court held that, where notice of dismissal is sent by post and the employment contract is silent on when notice takes effect, the contractual period of notice only...

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Last straw may give right to terminate despite affirmation of previous conduct

The recent Court of Appeal case of Kaur v Leeds Teaching Hospitals NHS Trust provides some helpful guidance on constructive unfair dismissal claims. In particular, the Court has held that an employee can resign and claim constructive unfair dismissal...

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Dominant, substantial or merely sufficient... When is a purpose not a 'purpose' for section 423 of the Insolvency Act 1986?

JSC BTA Bank v Ablyazov [2018] EWCA Civ 1176 (Court of Appeal) The Court of Appeal has provided further guidance on when a transaction can be said to be made with the purpose of “putting assets beyond the reach of creditors” such that it is...

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Proximity to the transfer is an important factor in deciding whether a dismissal is automatically unfair under TUPE

The Employment Appeal Tribunal (“EAT”) confirmed in Hare Wines Ltd v Kaur UKEAT/0131/17 that where an employee is dismissed immediately prior to a TUPE transfer, the proximity of the dismissal to the transfer will be an important factor in...

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Asking a Muslim employee whether they support a terrorist group is not religious discrimination or harassment when taken in context

In Bakkali v Greater Manchester Buses (South) Ltd (t/a Stage Coach Manchester) [2018] UKEAT/0176/17 the Employment Appeal Tribunal (EAT) found that conduct cannot be taken out of context when determining whether a statement amounts to religious...

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Tier 2 visas - a challenge for the tech sector

S&B's Kerry Garcia and Jackie Penlington provide practical actions to take to safeguard your Tier 2 sponsor licences in this recent article in Computer Weekly . Please see the full article here .  ...

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Property fraud ruling by the Court of Appeal

Naomi Campbell shares her expertise on a recent property fraud ruling by the Court of Appeal in Prime Resi . Please see the full article here  (requires membership)....

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Risk to insurers of solicitors acting for conned buyers

Insurance providers to solicitors will want to read Catherine Penny's recent article on the Dreamvar vs Mishcons case published by Insurance Day. Please see the full article here (requires registration)....

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No deal Brexit: contingency planning

The negotiations for an agreement for the withdrawal of the UK from the EU continue. With the date of departure (midnight on 29 March 2019) looming on the horizon, the focus at the moment is on reaching agreement for an implementation period so as to...

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Lyrica second medical use patent case and plausibility

Charlotte Tillett and Camille Arnold share their expertise in their recent co-authored article published in Pharmaphorum. Please see the full article here ....

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Obtaining documents held by the European Medicines Agency - the Transparency Regulation in the Life Sciences Industry

The Transparency Regulation (Regulation EC 1049/2001, the “Regulation”) governs public access to European Parliament, Council and Commission documents. The Regulation applies to all EU institutions and their agencies, giving the right for third...

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Hotel Chocolat and Waitrose in IP dispute

Tom Collins comments in  World Intellectual Property Review on the dispute between Hotel Chocolat and Waitrose. Please see the full article here ....

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Purchaser considerations when buying property from a company in administration

Partner and Co-Head of the Restructuring & Insolvency practice at Stevens & Bolton LLP, Tim Carter, has recently contributed a practice note to LexisNexis which looks at the practical considerations purchasers should bear in mind when buying real...

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Why breaking up is never easy - key issues with distressed asset sales

Partner and Co-Head of the Restructuring & Insolvency practice at Stevens & Bolton LLP, Tim Carter, has recently contributed a practice note to LexisNexis which looks at the different legal and practical considerations which commonly arise whenever...

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Changes to Medical Device Regulations

S&B's Gustaf Duhs brings you up to speed on changes to Medical Device Regulations in the May issue of Pharmaceutical Market Europe. Please see the full article here  (registration required)....

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Loss of light issues from new development

Stephen Rockhill helps a homeowner with loss of light issues from new development in the Home Help section of The Sunday Times. Please find the full article here ....

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Claim struck out where witness discussed her case with a journalist whilst under oath

The Employment Appeal Tribunal in the recent case of Chidzoy v British Broadcasting Corporation has upheld a strike-out ruling on the basis that the claimant had discussed her case with a journalist whilst under oath. Ms Chidzoy brought several claims...

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EFTA Court holds that travel time to temporary work place is working time

In the case of Thorbjorn Selstad Thue v The Norwegian Government , the European Free Trade Association (EFTA) Court held that the time a police officer spent travelling between his home and his temporary place of work was working time for the purposes of...

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Employee claim for negligent misstatement in reference fails

In the recent case of Hincks v Sense Network Ltd the High Court has considered the duties that an employer has when providing references. The Claimant, Mr Hincks, worked as an Independent Financial Adviser. His employer acted as an appointed...

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Article 29 Working Party issues final guidance on Transparency

The Article 29 Working Party (WP29) has recently published its final guidance on Transparency under the General Data Protection Regulations (“GDPR”). The final guidance can be found here. Transparency is one of several overarching obligations...

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Failure to match shared parental pay with enhanced maternity pay is not direct discrimination

The recent Employment Appeal Tribunal decision in Capita Customer Management Ltd v Ali and another UKEAT/0161/17 confirms that an employer who offered 14 weeks enhanced maternity pay to mothers but only statutory shared paternal pay to male and female...

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