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Articles

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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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Consultation on draft data sharing code of practice launched by the ICO

The draft data sharing code of practice consultation, was launched on 16 th July 2019 by the Information Commissioners Office (the “ICO”) and comes just one year after the General Data Protection Regulation (“GDPR”) and Data...

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There's something about directors declaring dividends - part 2

Earlier this year we commented upon the widely-reported Sequana case, in which the Court of Appeal considered whether in paying a dividend the directors of a company had (i) unlawfully put assets beyond the reach of creditors and (ii) failed to consider...

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Hirers do not need to provide agency workers with equivalent weekly hours as permanent members of staff

The recent Court of Appeal case of Kocur v Angard Staffing Solutions Ltd [2019] EWCA Civ 1185 has confirmed that hirers do not need to provide the same number of weekly hours of work to agency workers as they provide to their full time permanent members of...

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ICO updates guidance on cookies

The Information Commissioners Office (ICO) has updated its guidance on the use of cookies and similar technologies (Guidance), giving further detail on the applicable legal landscape. Cookies are small pieces of information (often in the form of an encrypted...

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Onwards and upwards for Permitted Development rights

Following the Government’s response to the consultation it launched in October last year, the Town and Country Planning Regulations 2019 are now in effect. The majority of the Government’s proposals, which aim to support the high street and...

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What court documents can a non-party see?

The Supreme Court has answered this in Cape Intermediate Holdings Ltd v Dring [2019] UKSC 38 – and the answer is potentially everything! The public should have access… The starting point is that all courts and tribunals have inherent...

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EU throws spotlight on competition issues for the syndicated loan markets

Competition and finance lawyers aren’t natural bedfellows, but things may be about to change following the European Commission’s recent publication on “EU loan syndication and its impact on competition in the credit markets” (the...

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Set-off... as if!

One criticism often levelled at lawyers (not us of course) is that legal documents are too long. And that we deliberately make them that way so that we can charge more.  But the truth is that if we include something in a legal document, it is usually...

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EU cybersecurity certification framework on the way

New EU Regulations have been published recently with the aim of strengthening cybersecurity across the EU, including the creation of a new cybersecurity certification framework. Regulation (EU) 2019/881 concerning ENISA (European Union Agency for...

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Trade marks and clinical trials - not the right kind of use

In a case [i] involving the trade mark BOSWELAN for pharmaceutical and health care products, the Court of Justice (CJEU) has held that the trade mark owner’s use of the mark in relation to clinical trials did not qualify as genuine use for the purpose...

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ECJ provides ruling on contact information obligations of online traders

The European Court of Justice (the “ECJ”) has clarified the requirements under the Consumer Rights Directive last week - confirming that businesses using a telephone number and/or email address are not obliged to provide such information to...

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Information Commissioner's Office report into adtech and real-time bidding

The Information Commissioner’s Office has recently published its report into the data protection practices in the advertising sector, specifically looking at adtech and real-time bidding (RTB), following research and discussions with various industry...

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Northern Ireland Court decides a series of holiday pay deductions is not broken by a three-month gap

In the recent case of Chief Constable of Northern Ireland Police v Agnew the Court of Appeal in Northern Ireland has considered the controversial issue of historic underpayment of holiday pay. The court has held that a series of holiday pay deductions is...

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Good faith obligations in franchise agreements

A duty of good faith is likely to be implied in all ‘relational contracts’, such as franchise agreements, unless there is an express term in the contract that would prevent such a duty being implied – this conclusion can be drawn from the...

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Corporate Borrowers: PLC checklists for negotiating loan facility agreements and a debenture

Head of Banking and Finance, Jonathan Porteous; Partner, Andrew Dodds; and Managing Associate, Matthew Padian have prepared two checklists for leading legal publisher, Practical Law, covering the key points for corporate borrowers to consider...

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Landlords victim of CVA rescue culture?

Stevens & Bolton associate Stephanie White asks whether a tipping point has been reached for landlords. First published in CoStar here . A raft of new company voluntary arrangements (CVAs) have hit the UK high street in the last few months. House of...

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No way, DUDE? 99 days to go (again!)

Boris Johnson has taken over as Prime Minister from Theresa May and there are 99 days to go until the latest date for the UK’s exit from the EU of 31 st October 2019. Individuals and businesses wait with anticipation, and in some cases apprehension,...

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NIP Problems in the bud

Fast-growing businesses have many competing demands on their valuable time and (often limited) resources. It isn't surprising therefore, that developing an intellectual property (IP) strategy and investing in IP protection is often put off to another...

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Tricked into sending money to a fraudster?

It is becoming increasingly common for people to be tricked into authorising a payment to an account that they believe belongs to a legitimate payee, but is in fact controlled by a scammer. Such scams are becoming very sophisticated, with fraudsters hacking...

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Businesses must ensure that customer returns policies are appropriate

The recent ECJ case of Christian F ülla v Toolport GmbH (Case C-52/18) (referred from German courts) highlighted the importance of businesses ensuring that their customer returns policies do not significantly inconvenience customers. In July...

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Removing defamatory content from social network sites - what can the court order?

As providers of ‘hosting’ services, social network platforms such as Facebook generally enjoy immunity from liability for illegal content on their platforms as long as they remove such content expeditiously when they are made aware of it [i] ....

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Seriously defamatory - the Supreme Court raises the bar

In a decision [i] handed down in June 2019, the Supreme Court has made it clear that in order to succeed in an action for defamation the claimant must show serious reputational harm “by reference to the actual facts about [the statement’s]...

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Will the new Hague Judgments Convention help enforcement of English judgments after Brexit?

When reading Brexit-related news, you may have heard about the UK’s accession to the Hague Convention on Choice of Courts which is due to take place on the UK’s exit from the EU. This Convention makes it easier to enforce a court judgment...

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Severance of unreasonable part of a non-compete restrictive covenant allowed by the Supreme Court

The long awaiting judgment of the Supreme Court in the case of Tillman V Egon Zehnder Ltd has recently been published. The court has allowed an unreasonable part of a non-compete restrictive covenant to be severed from the remainder of the clause, allowing...

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