Articles

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...

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...

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...

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...

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...

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...

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...

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...

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...

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...

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...

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...

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...

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...

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...

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...

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 ....

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...

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...

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...

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...

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...

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). ...

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...

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...

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....

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...

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...

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...

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...