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Articles

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CJEU clarifies the position on online trade mark jurisdiction

After much anticipation, the Court of Justice of the European Union (CJEU) has clarified the position on cross-border jurisdiction for online trade mark infringements.  In a decision which will be welcomed by trade mark owners, the Court has confirmed...

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CJEU pushes ahead on harmonisation of copyright

Three copyright decisions issued by the Court of Justice (CJEU) at the end of July this year explore the relationship between copyright and fundamental rights. They emphasise that Member States may not expand on or limit the permitted exceptions included in...

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Charlotte Tilbury prevails against 'look-alike' Aldi face powder design

Luxury make-up brand Charlotte Tilbury, reported to be one of the Duchess of Sussex’s favourites, has obtained summary judgment against Aldi for copying its powder designs. The case [i] , heard by Deputy Master Linwood in the High Court, illustrates...

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The end of the line for second hand eBooks?

Advocate General Szpunar has advised that the supply of eBooks by download online is to be regarded as a ‘communication to the public’ rather than a distribution. This means that, for copyright purposes at least, it is to be regarded as a service...

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Latest changes to sponsor guidance for Tier 2 and 5 sponsors and to record keeping requirements

The Home Office has published its most recent updates to sponsor guidance and Appendix D, which sets out the record keeping obligations which sponsors must abide by.  We have set out the details of the key changes.   Level 1 Users and...

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EU Settlement Scheme - Update

Given all the uncertainty surrounding Brexit, the Home Office recently clarified that there will be no change to the EU Settlement Scheme in relation to those EEA and Swiss nationals already resident in the UK by the date of Brexit, whether the UK leaves the...

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Law Commission gives green light to electronic signatures

Earlier this month, the Law Commission published a report confirming that electronic signatures may be used to execute legal documents. Stevens & Bolton has been encouraging the use of electronic signatures for some time now, including the use of...

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Europe's new SPC manufacturing waiver: how is the patient served?

In 1992 the position of European pharmaceutical patent owners was much strengthened by the introduction of patent extensions known as Supplementary Protection Certificates (SPCs), part of a policy aimed at making the European Union one of the best places...

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Two year post study work visa to be re-introduced

The Government has announced that the two year post study visa is to return. This has been welcomed by universities as this would allow overseas students to remain in the UK and work for up to two years after finishing their degrees. The Tier 1 (Post-Study...

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Treatment of an employee during and following maternity leave found to be discriminatory

In the case of Commerzbank AG v Rajput , the Employment Appeal Tribunal found that Commerzbank’s strong discouragement of Ms Rajput attending meetings whilst on maternity leave and the diminution of her role on her return to work to be acts of...

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What employment tribunal documents can a non-party see?

In an article recently published on our website here , our Commercial Litigation team examined the question of what court documents a non-party can access – the answer to which, according to the Supreme Court in the recent case of Cape Intermediate...

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Employing students - key points for employers

Employers should be aware that there are a number of restrictions in relation to employing non-EEA nationals who are studying in the UK with leave under Tier 4 (General). In some cases, Tier 4 students may not be permitted to undertake the role and...

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Government announces changes to the Tier 2 shortage occupation list

Earlier this year the Migration Advisory Committee (‘MAC’) recommended that a significant number of jobs should be added to the Tier 2 (General) shortage occupation list. This list sets out those jobs and occupations where it is recognised there...

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Will they, won't they? No deal Brexit and the end of freedom of movement on 31 October? The current position

In August the government unexpectedly reported it effectively planned to end freedom of movement immediately after Brexit if the UK leaves the EU without a deal. This led to a lot of confusion among EEA nationals and employers. The Home Office then clarified...

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Expired visa did not render employment contract unenforceable

In Okedina v Chikale , the Court of Appeal has held that an employer could not rely on the doctrine of illegality to defend employment claims brought by a former employee who no longer had the right to work for them. Background Broadly, the doctrine of...

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Covert recording of meetings

In Phoenix House Ltd v Stockman , the Employment Appeal Tribunal (EAT) has confirmed that covert recording of a meeting is not necessarily an act of gross misconduct entitling the employer to dismiss summarily.   Background The claimant, Ms...

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The extension of redundancy protection for women and new parents?

The government has recently consulted on the extension of redundancy protection for pregnant women and new parents on their return to the workplace following the birth or adoption of a child.   Government’s response Following the consultation,...

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Crossing the Rubicon - can you guarantee that you understand the terms of your guaranteed obligations?

Julius Caesar proclaimed “let the die be cast” as he crossed the Rubicon river, precipitating the Roman Civil War and the imperial era of Rome.  The recent Rubicon case ( Rubicon Vantage International Pte Ltd v Krisenergy Ltd [2019]...

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Potential pitfalls of using ePassport gates ('eGates') when entering the UK

Nationals of an EU country, Australia, Canada, Iceland, Japan, Liechtenstein, New Zealand, Norway, Singapore, South Korea, Switzerland or the USA (as well as British nationals) are able to use an eGate when they arrive in the UK as long as they have a...

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New gender stereotyping rules applied by the ASA

Shortly after the introduction of CAP’s new rule and guidance regarding harmful gender stereotyping in adverts, the ASA has made its approach clear in its first round of decisions. Following a public consultation, CAP’s new rule providing that...

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Your lender has agreed to write off your debts - or has it? A cautionary tale

When settling an existing debt with a lender, it is important to ensure that the intention of both parties is clear and that you have taken all the necessary steps to ensure the full discharge of the debt in question. If you are dealing with a...

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Resisting "Code Rights": lessons for developers and landowners

The recent decision in EE Limited & Hutchison 3G UK Limited v Sir James HE Chichester & Others [2019] https://www.bailii.org/uk/cases/UKUT/LC/2019/164.html  highlights the challenges involved in trying to free land from existing...

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Fishy business: always make demand before serving a statutory demand

Serving a statutory demand for guaranteed amounts without submitting a prior written demand under the related personal guarantee sounds a bit fishy*. The High Court agrees, in the case of Martin v McLaren Construction Ltd [2019] EWHC 2059 (Ch) ...

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The life of a contract - smooth ride or bumps in the road?

When entering into contracts one hopes for a smooth ride, but sometimes it turns into a bumpy one! In this article, we signpost common problem areas to help you navigate around, or avoid, some of the larger potholes that businesses can encounter.   ...

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Direct disability discrimination claim based on a perceived disability upheld

In the recent case of Chief Constable of Norfolk v Coffey the Court of Appeal has upheld a claim for direct discrimination based on perceived disability (rather than actual disability). This case is significant because it is the first case to address in...

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Schrems II...the complaint continues

The Court of Justice of the European Union (the “CJEU”) has heard arguments from Facebook Ireland Ltd. and Maximillian Schrems, concerning whether US surveillance activities can violate the fundamental rights of EU citizens and hence affect the...

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Disciplinaries and the right to privacy

On occasion, an employer can find itself in possession of material evidencing potential misconduct, which was created or communicated outside of work or which relates to private matters. The question is, can the employer rely on this material as the basis...

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Disclosure duties following a Data Subject Access Request

In the case of Dawson-Damer v Taylor Wessing LLP, the High Court has confirmed that, when considering whether personal data is held as part of a “relevant filing system”, the focus has changed from considering the burden on the data controller to...

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Can an employer be liable for harassment caused by an employee's Facebook post? Yes - when the post is made in the course of employment.

In the recent case of Forbes v LHR Airport Ltd, the Employment Appeal Tribunal (‘EAT’) upheld an Employment Tribunal’s (‘ET’) finding that an employee had not posted an offensive image on her private Facebook page ‘in the...

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First ICO significant fines for data breaches of GDPR

In July 2019, the Information Commissioners Office (the “ICO”) issued notices that it intends to fine Marriot International £99.2 million and British Airways £183.4 million for infringements under the General Data Protection...

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