Articles

FRC unveils Wates Principles for private company governance

On Monday (10 December) the Financial Reporting Council (FRC) published the Wates Corporate Governance Principles for Large Private Companies (Wates Principles). These principles are part of a number of changes made this year to the UK corporate...

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No disability discrimination when dismissed employee manifested a tendency to steal

In a preliminary hearing in the case of Wood v Durham County Council the Employment Appeal Tribunal has considered whether an employee who was dismissed for admitted shoplifting could bring a disability discrimination claim. The ‘tendency to...

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A letter giving one month's notice was not a resignation

When is a resignation not a resignation? In East Kent Hospitals University NHS Foundation Trust v Levy , the Employment Appeal Tribunal held that context should be considered when determining whether an employee’s apparent resignation was unambiguous....

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Addison Lee drivers are workers

The Employment Appeal Tribunal has confirmed the Employment Tribunal’s finding that Addison’s Lee’s drivers were ‘workers’. This decision is unsurprising on the facts and is in line with previous decisions on individuals...

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Brexit: full legal advice released

The document described as the summary legal advice (read here ) put out ahead of the parliamentary contempt proceedings is a useful summary of the content of the withdrawal agreement. The actual advice published today (found here ) will be read...

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A 'disappearing' dismissal

In the recent case of Patel v Folkestone Nursing Home Ltd, the Court of Appeal held that where an employee has been dismissed but then successfully appealed that decision under a contractual disciplinary procedure, the employee’s employment can be...

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Employer found vicariously liable for historic abuse by an independent physician

In the case of Barclays Bank plc v Various Claimants the Court of Appeal has upheld the High Court’s finding that Barclays Bank was vicariously liable for historic acts of abuse by an independent physician that the Bank had appointed to examine job...

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CAP Code changes to reflect GDPR

Introduction The Committee of Advertising Practice (CAP) who is responsible for the UK Code of Non-broadcast Advertising and Direct & Promotional Marketing (CAP Code), announced changes to the CAP Code on 6 November. The changes, to take effect...

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European consultation on driverless cars

The European Commission has recently issued a public consultation to consider issues arising from the use of driverless cars. This latest public consultation invites the general public and relevant industry stakeholders to comment on the main challenges...

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EU Blockchain Industry Roundtable

An EU Blockchain Industry Roundtable was held on 20 November 2018, marking an important step towards creating a European community that supports the deployment of blockchain technology. As part of Roundtable discussions, industry leaders and innovative...

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Force majeure clause does not excuse non-performance of contract but force majeure event can prevent award of damages

In Classic Maritime Inc. v Limbungan Makmur SDN BHD & Anor [2018] EWHC 2389 the High Court found that a force majeure clause did not excuse the defendant’s non-performance of a contract but that the occurrence of a force majeure event did mean...

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Life Sciences Brexit Update: Deal or No Deal?

We are now at the next stage of Brexit. After nearly two-and-a-half years of negotiations, a ‘Brexit deal’ has been agreed. If this is ratified by the UK and EU parliaments, the UK will leave the EU on 29 March 2019 with an agreement in place. A...

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Lyrica - Supreme Court judgment raises the bar on repurposing

Finding new uses for existing medicines is an important area of pharmaceutical research which boasts many success stories. The Supreme Court’s recent ruling in the Lyrica case relating to the use of pregabalin for pain is, however, disappointing news...

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Lender's failure to protect other security offers no get out of jail free card for guarantors

In a recent appeal against summary judgment, the Court of Appeal, Civil Division, dismissed the guarantor and principal debtor’s appeal and held that any duty of a creditor to preserve or maintain a security cannot be onerous: General Mediterranean...

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The Return (or Part 3) of "So when is an administrator appointed?"

Can you name three great trilogies?  How about: Francis Ford Coppola's “The Godfather Trilogy” (The Godfather, The Godfather: Part II and The Godfather: Part III) John le Carré's “The Karla Trilogy” (Tinker,...

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Introducing a new species of easement: recreational rights

In our insight article on 11 June 2018 ( available here ) we set out the legal requirements to qualify the existence of an easement.  The Supreme Court’s decision in Regency Villas Title Ltd and other v Diamond Resorts (Europe) Ltd and others...

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How to survive the current property challenges in the hospitality industry

S&B's Helen Wheddon provides her expertise to hospitality businesses looking to reduce property overheads to survive the current industry challenges. Please see the recent guest blog published on the UKHospitality website....

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Shall we or shan't we? - Court of Appeal holds no obligation imposed by use of "shall" in a commercial referral agreement

It is common practice in commercial agreements for parties to use the word “shall” where they intend to impose a binding contractual obligation to do, or not to do, something. However the recent decision of the Court of Appeal in PM Law Ltd v...

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ICO Issues guidance on encryption and passwords

On 1 November 2018 the Information Commissioner’s Office ( ICO ) issued new guidance in relation to the use of encryption and passwords as security measures. Article 32 of the GDPR suggests encryption of personal data as a potential method of...

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So when is an administrator appointed? - Part 2

Following the controversial High Court decision in Re NJM Clothing Ltd [2018] EWHC 2388 (Ch) which we wrote about last month here , the question of when an administrator is appointed using the out-of-court procedure had been left open to doubt. Thankfully,...

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Crowdfunding: FCA seeks balance between encouraging innovation and protecting investors with latest consultation paper

Having introduced its crowdfunding rules in 2014, the Financial Conduct Authority (the “ FCA ”) commenced a post-implementation review of its regulation of the sector in July 2016. Two years later, the FCA is finalising its consultation paper...

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ASA Ruling - Influencer Tweet An Ad

The recent ASA ruling upheld against Unibet serves as a reminder to businesses that social media posts by their brand ambassadors may be considered by the Advertising Standards Agency (“ASA”) to be adverts. Where this is the case the social...

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UK trade mark law is changing from 14 January 2019

Changes are being introduced to UK trade mark law to give effect to the Trade Marks Directive 2015 (EU 2015/2436). The changes largely mirror those previously introduced for EU trade marks (EUTMs). They amend the UK Trade Marks Act 1994 (TMA) and will form...

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Geographical Indications schemes for the UK post Brexit

On 4 October 2018, The Department for the Environment, Food and Rural Affairs (DEFRA) opened a consultation on ‘Establishing a UK Geographical Indications (GI) scheme’ post-Brexit.  The consultation sought feedback on the proposed UK Scheme...

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Company vicariously liable for managing director's drunken assault on an employee

In the recent case of Bellman v Northampton Recruitment Limited , the Court of Appeal has found that an employer was vicariously liable for a drunken assault carried out by the managing director on an employee. The employer was liable despite the fact that...

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High Street Retailers - complacent or competing with e-commerce giants?

A recent report by RELEX Solutions suggests that the majority of retailers feel that the UK retail market is more competitive than ever. E-commerce giants such as Amazon are posing a further threat to high street retailers who are already under pressure...

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Co-workers can be personally liable to whistleblowers for post dismissal losses

In the recent case of Timis and another v Osipov , the Court of Appeal has considered whether two non-executive directors (NEDs) could be personally liable for losses suffered by a whistleblower after his dismissal (amounting to approximately...

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Court of Appeal confirms that global patent licences can be FRAND

For over four years, patent licensing company Unwired Planet (UP) has been locked in a battle in the English court with handset maker Huawei over the grant of a licence to use UP’s mobile phone technology, which is essential to a number of...

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Respect for family life cannot be used to evade liability for copyright infringement

Although EU Member States may exercise freedom in their implementation of the Copyright Directive (2001/29), Article 8 requires that all sanctions and remedies resulting from infringement be effective, proportionate and dissuasive. In the case of Bastei...

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De-branding grey goods - does it avoid infringement?

The Court of Justice of the European Union (CJEU) has held that the de-branding of products, without consent and for the purpose of importing or trading those products in the European Economic Area (EEA), is an infringement of the trade mark owner’s...

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