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S&T v Grove - What might have been?

The case of S&T (UK) LTD v Grove Developments Ltd is one of the most important cases of recent years for the construction industry. Judgement in the Court of Appeal was handed down in November 2018, but the decision is recognised as being a...

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The TeCSA Low Value Dispute Adjudication Service made permanent

"A horse, a horse, my kingdom for a horse" Shakespeare - Richard III I blogged in July about low cost adjudication services  and how three bodies, TeCSA, the RICS and the CIC were launching or were considering launching low cost...

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EU General Court nips cannabis trade mark in the bud

The General Court of the European Union has rejected an application to register a logo which presented the word ‘CANNABIS’ on a background of cannabis leaves. The Court took the view that consumers would perceive the logo as referring to cannabis...

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Brexit and intellectual property - what you need to know

As the UK now moves towards the certainty of Brexit at midnight in Brussels on 31 January 2020 and the probability of a transition period up to 31 December 2020, right holders will wish to ensure they are ready to deal with the changes that Brexit will...

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Court of Appeal confirms Gilead's Truvada SPC invalid

Unresolved legal issues concerning when a pharmaceutical patent owner can claim the extended protection of a Supplementary Protection Certificate (SPC) continue to cause much uncertainty. In this decision [i] , handed down on 19 December 2019, the Court of...

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Bye Bye, Babybel

The English High Court has confirmed that the red Babybel cheese mark - owned by Fromageries Bel SA (“FBSA”) since 1997 - is invalid. The decision arises as a result of a challenge by J Sainsbury Plc (“Sainsbury”) and reflects a...

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Life sciences legal A to Z - D is for Data Exclusivity

The data exclusivity period is relevant to authorised medicines. It protects the originator’s investment in clinical trials. The way it works: 8 + 2 (+1) In order to obtain authorisation for a new medicine, originator companies must present...

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Standard contractual clauses to transfer EU personal data to the US are valid

The standard contractual clauses (SCCs) remain appropriate safeguards for transferring personal data out of the EEA, according to the Advocate General of the Court of Justice of the European Union (CJEU) in his opinion in the Facebook Ireland...

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Will airline insolvency reforms take off this year?

Despite discussion in 2019 about corporate insolvency reforms and the reintroduction of the Crown Preference for certain tax debts, the Queens Speech on 19 December 2019 did not indicate any concrete plans to legislate for these areas this year. Airline...

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Ethical veganism data as special category personal data

A UK employment tribunal has ruled that ethical veganism is a “philosophical belief” under discrimination law. The ruling was made in a case brought by a vegan Jordi Casamitjana against his former employer League Against Cruel Sports. Mr...

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IR35 - off-payroll working rules review launched, but reforms still due to come into force on 6 April 2020

On 7 January 2020, the government announced that it was launching a review of the changes to the off-payroll working rules. This follows from the comments made by Sajid Javid, the Chancellor, during the election campaign, indicating that he wanted a review...

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National Living Wage and National Minimum Wage to rise significantly in April 2020

As of 1 April 2020, the National Living Wage for workers aged 25 and over will increase by 6.2% to £8.72 in what the government is calling its “biggest cash increase ever”. The changes in the minimum wage rates were recommended by the Low...

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Improper motivation of investigating manager meant employer liable for automatic unfair dismissal

In the case of Cadent Gas Limited v Singh , the Employment Appeal Tribunal held that an employer can be found liable for automatic unfair dismissal where a manager motivated by resentment over the claimant's trade union activities played a leading...

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Unfair dismissal: the reason for the dismissal can be other than that given to the employee by the decision-maker

In a significant decision, the Supreme Court has held in Royal Mail Group Ltd v Jhuti that in an unfair dismissal claim, where the real reason for dismissal is hidden behind an invented reason that the decision-maker adopts, the hidden reason can be deemed...

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The Adjudication Society Report 18

“For last year’s words belong to last year’s language. And next year’s words await another voice. And to make an end is to make a beginning.” - T S Eliot (Little Gidding) My first article of 2020 takes a look at the...

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Employee's right to freedom of expression triumphs over confidentiality obligations to employer

In the case of Herbai v Hungary , the European Court of Human Rights held that an employee’s right to freedom of expression had been violated when the courts in Hungary upheld his dismissal by his employer for breach of confidentiality provisions. ...

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Is there still a buzz about electric cars?

On 19 December 2019, the Department for Transport released its vehicle licensing statistics for quarter 3 (July to September). During this period, 22,596 ultra-low emission vehicles were registered for the first time in Great Britain, an increase of 39% on...

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Court of Justice backs copyright holder in eBooks case

In a judgment [i] issued on 19 December 2019, the Court of Justice (CJEU) has confirmed that readers may not pass on eBooks ‘second hand’ without the authorisation of the copyright holder. This principle will also apply to music and video...

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Employers should take care when relying on the employers' checking service

In the recent case of Badara v Pulse Healthcare , the Employment Appeal Tribunal held that the employer was wrong to rely on a negative verification notice following a right to work check using the Home Office’s Employer Checking Service when...

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Can Coty hold Amazon to account on infringements?

A legal opinion [i] issued by the Court of Justice (CJEU) in a dispute between Amazon and luxury goods house Coty is giving renewed hope to brand owners in their battle to police infringements on Amazon and other online marketplaces. The proposals made in...

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Procuring infrastructure for the life sciences sector - part 3

Part 3 – Using Technology We have previously discussed how management of the pre-construction phase can help overcome some of the obstacles encountered when embarking on a complicated infrastructure project, involving high specification...

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Statement on the legal status of cryptoassets and smart contracts

The UK Jurisdiction Taskforce (UKJT), led by Sir Geoffrey Vos (Chancellor of the High Court and Chair of the UKJT) recently published an authoritative statement on the legal status of cryptoassets and smart contracts under English Law. The statement was a...

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Life Sciences Legal A to Z - C is for Clinical Trial Agreements

The effective negotiation of a clinical trial agreement (CTA) is an essential driver for getting new drugs and devices to the market. Parties should ensure that an executed CTA is in place before undertaking any work on a clinical trial. Whilst the...

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Bank held liable for breach of Quincecare duty

The Supreme Court has handed down the first judgment upholding a claim against a bank for breach of the “Quincecare” duty owed to its customer.   The “Quincecare” duty The “Quincecare” duty originated from  ...

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Out-of-hours appointment of administrators - judicial calls for reform

Following on from our recent update , judicial pressure is mounting to reform the manner in which qualifying floating chargeholders (“QFCs”) may appoint administrators outside of court hours.   By way of reminder: The High Court...

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Life Sciences Legal A to Z - C is for Cannabis

Cannabis and its regulation have recently received increased attention in the press and in the legal and business worlds. This is due in particular to changes in the legal status of cannabis globally, the increased availability of new cannabis treatments...

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First case ordering a disqualified director to pay compensation

In Re Noble Vintners Ltd; the Secretary of State for Business, Energy and Industrial Strategy v Eagling [2019] EWHC 2806 (Ch) , the first case brought by the Secretary of State under the new compensation order regime (the “Regime”), the...

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Japanese Knotweed and surveyors' negligence claims

“And so the one in our garden continued its growth peacefully, as did thousands like it in neglected spots all over the world. It was some little time later that the first one picked up its roots and walked”. John Wyndham – The Day of the...

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Brexit update - where are we now?

To recap, the UK has agreed a Withdrawal Agreement in principle with the EU and the date for the UK to leave the EU has been extended until 31 January 2020. Although the immediate concern about a no deal Brexit on 31 October 2019 has passed, as the...

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Corporate borrowers: plc checklist for reviewing a deed of release of security

Matthew Padian (Managing Associate), Andrew Dodds (Partner) and Estelle Macleod (Professional Support Lawyer) have prepared a new checklist for leading legal publisher, Practical Law, covering the key points for corporate borrowers to consider when reviewing...

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