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CAT upholds CMA's decision regarding Ping's ban on online sales of golf equipment

The Competition Appeal Tribunal (CAT) has issued a judgment in Ping’s appeal of the Competition and Markets Authority's (CMA) decision regarding Ping’s online sales ban. The CAT upheld the CMA's findings that the actions of...

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LMA publishes note on implications of Brexit for its loan documents

The LMA recently published a supplemental note on the implications of Brexit for LMA loan documentation. Its primary focus is the loss of financial services passports associated with Brexit. Here we zone in on the documentary tools the LMA recommends to...

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A further update for employers on the MAC report on immigration

On 18 September 2018 the Migration Advisory Committee (‘MAC’) finally published its long awaited report on the impact on the UK labour market of the UK’s exit from the European Union.  The MAC was commissioned by the Government to...

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National Minimum Wage penalties now enforceable against the new employer in TUPE transfers

HMRC have announced a change in approach when enforcing national minimum wage (NMW) liabilities following a TUPE transfer. The new employer will now be liable for all NMW liabilities, including the full penalty amount, even when it is referable to...

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Employee on zero hours contract found to be an agency worker

In the case of Brooknight Guarding Ltd v Matei , the Employment Appeal Tribunal (“EAT”) has provided guidance on the test for determining whether or not an individual is an agency worker. This case is interesting as the individual was found to...

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Immigration law 2018 report covers topical issues from six global experts

Our Kerry Garcia is one of 6 global immigration law experts featured in the new CorporateLiveWire Immigration Law 2018 Virtual Roundtable report, covering topical issues such as the crackdown of undocumented workers and immigration post-Brexit. Read more by...

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BEIS produces a report on gender pay gap reporting

The Department for Business, Energy and Industrial Strategy (BEIS) has produced a report on Gender Pay Gap reporting, reflecting on the results of the first set of statistics published by employers in April this year and considering how the regulations can...

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Influencer marketing: Competition and Markets Authority investigation

The Competition and Markets Authority (CMA) recently launched an investigation into concerns that social media stars are not properly declaring when they have been paid, or otherwise rewarded, to endorse goods or services. Such endorsements are referred to...

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The MAC report on immigration - what employers need to know

The Migration Advisory Committee (MAC) has finally published its long awaited report on the impact on the UK labour market of the UK’s exit from the European Union.  The MAC was commissioned by the Government to assess the impact of EEA migration...

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Technical Notices for IP in a no-deal Brexit

On 24 September 2018 the UK Government published four brief technical notices setting out the implications of a no-deal Brexit for intellectual property rights (IP) in the UK and the Government’s response. ‘No deal’ means that the UK would...

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Combination products: SPC for Gilead's Truvada invalid

Following a recent decision from the Court of Justice on the circumstances in which a supplementary protection certificate may be granted for a combination product, the English High Court has held that Gilead’s SPC for Truvada is invalid. In July 2018...

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The Pensions Regulator gets tough

For many schemes, trustees and employers, the only interaction they have with the Pensions Regulator (“TPR”) is the occasional communication about automatic enrolment, submission of a yearly scheme return and an annual chair’s statement...

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Landmark NHS Legal Battle: High Court supports off-label use of Avastin

On 21 September 2018, the NHS won a landmark case against Bayer and Novartis, who were seeking to prevent the off-label use of Avastin to treat wet age-related macular degeneration (“wet AMD”), a leading cause of sight loss in the elderly. This...

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Data protection post brexit

The Department for Digital, Culture, Media & Sport (DCMS) has published a technical notice on data protection if there is no Brexit deal . The notice sets outs that if the UK leaves the EU in March 2019 without an agreement with the EU in respect of...

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Court of Appeal clarifies scope of legal privilege

The decision of the Court of Appeal in the awaited SFO v ENRC case has provided some relief to both solicitors and corporate organisations that documents prepared during the course of regulatory investigations will not have to be disclosed if a prosecution...

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End of the road for fault based divorce?

The current fault based system in England & Wales has been much criticised. The issues this creates have been well publicised by the recent case of Mr & Mrs Owens. Mrs Owens' divorce petition, based upon Mr Owens behaviour, was rejected by...

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The Brexit immigration report: What does it mean for employers?

Kerry Garcia and Jackie Penlington provide their expertise on the new report and its implications for employers in Personnel Today. Please read the full article here ....

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IP in a no-deal Brexit

As the possibility of a ‘no deal’ Brexit continues to dominate the headlines, IP owners are increasingly focusing on contingency planning.  ‘No deal’ means that the UK would leave the EU at 11pm GMT on 29 March 2019 without a...

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European trade marks - Court of Justice raises the bar for distinctiveness based on use

A ruling by the European Court of Justice (CJEU) in July 2018 confirmed that applicants trying to obtain an EU trade mark (EUTM) based on use must prove distinctiveness in every Member State. The ruling arose in connection with Nestlé’s four...

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Can an online rental and registration service for IP addresses rely on safe harbours?

In a reference originating in Estonia the CJEU has held that the exemptions from liability in the eCommerce Directive (2000/31)  in respect of ‘mere conduit’, ‘caching’ and ‘hosting’ may, in principle, be relied on by...

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Patent licensing - a recent High Court case highlights the limits of the exclusive jurisdiction and law clause

Where a patent licence covers more than one country the royalty clause may provide for royalties to be paid for each country according to whether the licensed product would infringe the licensed patent(s) in that country. This reflects the fact that patents...

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Reposting: Is it copyright infringement?

On 7 August 2018 the Court of Justice of the European Union (CJEU) confirmed that the reposting online of a photograph from another website, without the copyright owner’s consent, constitutes an infringement. This will be the case even if there were no...

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Yes you can have a website blocking order, but it will cost you

In a decision which will interest Internet Service Providers (ISPs) and owners of trade marks, the Supreme Court has recently handed down its judgement in the case of Cartier International AG and others v British Telecommunications Plc and another (2018). ...

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Wait a minute Mr Postman - Royal Mail fined £50m for breach of competition law

The UK’s communications regulator Ofcom has issued a decision finding that Royal Mail breached competition law and has fined the company £50m.  This is the highest fine imposed by a sector regulator with competition powers and is the first...

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Individual was employee despite contract for services and intermediary personal service company

In Sprint Electric Ltd v Buyer’s Dream & Another the High Court held that an individual was an employee rather than an independent contractor. This conclusion was reached despite the fact that the individual provided services to the company under...

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Belief in copyright over own creative works did not amount to a philosophical belief protected under the Equality Act 2010

In Gray v Mulberry Company (Design) Ltd the Employment Appeal Tribunal (EAT) considered whether an employee’s belief in copyright in her own creative works could amount to a philosophical belief deserving of protection under the Equality Act 2010....

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Dealing with mixed personal data in subject access requests

A recent case ( Dr B v General Medical Council ) has provided some welcome clarity on the position of mixed personal data (i.e. information that contains the personal data of more than one person) in the context of data subject access requests ( SARs...

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Five month cessation of economic activity does not preclude the existence of a TUPE transfer

In Colino Sig üenza v Ayuntamiento de Valladolid and others (Case C-472/16) , the European Court of Justice (ECJ) found that a relevant transfer within the meaning of the Acquired Rights Directive had potentially occurred despite a five month...

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High Court upholds clause excluding liability for loss of profits and leaves suffering party with no remedy

The recent case of Motortrak Ltd v FCA Australia Pty Ltd [2018] EWHC 990 (Comm) served as a useful reminder of the importance of context when the court is deciding whether or not to give effect to a clause limiting a party's liability under a...

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Charging orders - a false sense of security?

A charging order is a useful mechanism often employed by unpaid judgment creditors to obtain secured status by entering a restriction against title of the debtor’s property. But how much protection is afforded by a charging order and how does the...

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