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Litigation privilege not applicable to internal purely commercial discussions concerning settlement

Litigation privilege is restricted to documents concerning legal advice or information sought for the purpose of conducting litigation, it will not cover internal purely commercial discussions concerning settlement of that dispute, according to the Court of...

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Court of Appeal clarifies scope of professional adviser liability for incorrect advice

The Court of Appeal has confirmed the correct approach to be taken when assessing the extent to which a professional adviser will be liable for losses suffered when a transaction is entered into based on its incorrect advice. The Court will first consider...

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How will the EU Settlement Status Scheme work in practice?

Regardless as to whether there is deal or no deal when we leave the EU, EU nationals and their non-EU national family members living in the UK who arrived in the UK before 11pm on 29 March 2019 will have to apply for either ‘settled’ or...

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Naturalisation applications- changes to the good character requirement guidance

In many cases, after obtaining indefinite leave to remain or permanent residency, non-UK nationals wish to apply for naturalisation as a British citizen.  Individuals applying for naturalisation must be of ‘good character’.  In...

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Itemised payslips for all workers

Background Under the Employment Rights Act 1996 employees have the right to be given a written itemised pay statement detailing gross salary, the amounts of any deductions and the net salary. Any deduction which an employer has made without explanation on...

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Government sets out plans for EU nationals arriving after 29 March 2019 if there is a no-deal Brexit

If there is no-deal the Government plans to end free movement as soon as possible. However, the Government has set out transitional arrangements which will apply to EU nationals who arrive in the UK after 11pm on 29 March 2019 but before midnight on 31...

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Employer to make reasonable adjustments for a disabled employee when it has actual or constructive knowledge of the disability

An employer who does not know and could not reasonably be expected to know that an employee has a disability is under no duty to make reasonable adjustments.  In the recent case of Lamb v The Garrard Academy , the Employment Appeal Tribunal considered...

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Law Society restrictions on Non-disclosure Agreements and Confidentiality Clauses

The Law Society has published guidance on the drafting of confidentiality clauses within settlement agreements and/or COT3 agreements. Although this is aimed at solicitors, this has implications for all employers and employees in what they can legitimately...

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Retail company directors: key duties to avoid risks

The recent crisis at Patisserie Valerie, which has now been placed into administration, provides a timely reminder that directors must carefully consider their duties under the Companies Act 2006 (the Act). Although the on-going investigations into...

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Open justice means tribunal judgement must be made public even where painful or humiliating to the claimant

The recent Employment Appeal Tribunal case of Ameyaw v Pricewaterhousecoopers Services Ltd has highlighted the reputational risks that claimants and respondents run in proceeding with litigation in the Employment Tribunal. Facts Since February 2017, all...

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Court of Appeal upholds finding that Uber drivers are workers

In the recent case of Uber BV and others v Aslam and others , the Court of Appeal upheld the finding that Uber drivers are workers and therefore entitled, amongst other things, to paid holidays and the minimum wage.  Background In this case, the...

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Defamation allegations can amount to a protected disclosure under whistleblowing legislation

In the case of Ibrahaim v HCA international Ltd , the Employment Appeal Tribunal has held that an employee’s complaint about damage to his reputation was capable of being a qualifying disclosure for whistleblowing claim purposes.  However, as the...

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Consumer prepayments and retailer insolvency: BEIS response to Law Commission recommendations

Hot on the heels of the second administration of HMV over the Christmas period, the Department for Business, Energy and Industrial Strategy (“BEIS”) has published its response to the Law Commission’s recommendations for improving the...

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Gonna miss EU? So many Brexit developments

As the European Medicines Agency closed its doors in London on 25 January, Brexit preparations in the UK continued apace. Here is a summary of some of the recent developments.   On 26 November 2018 (letter publicly published on 31 December 2018) the ...

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All Change - Fundamental Overhaul of the Disclosure Process

Introduction of a mandatory disclosure pilot from 1 January 2019 in the Business and Property Courts. In addition to the introduction of a completely new procedure for disclosure, with which all parties to a dispute will have to become familiar, this...

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No bad deed goes unpunished

Why bother with deeds? It is not always obvious but perhaps the most common reason to use a deed in a loan context is because the relevant document (typically an intercreditor agreement or a security document) includes a power of attorney. It remains good...

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Reports from the trenches - recent court cases on interesting loan issues

There’s been a flurry of recent court cases concerning finance matters which have caught our attention. Below we highlight just a few which are worth bearing in mind when undertaking a loan transaction. In each case, we’ve highlighted the key...

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Landlords beware tenants' waste operations

A landowner has been fined and ordered to pay costs as a result of illegal waste operations undertaken by his tenants. Facts Mr Joyner leased land to two individuals who used it to operate a wood recycling business. Although approximately 10,000 tonnes of...

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Financial collateral arrangements: tricky issues and practical considerations

Partner and Co-Head of the Restructuring & Insolvency practice at Stevens & Bolton LLP, Tim Carter, together with Managing Associate, Andrew Dodds, and Associate, Lucy Walker, has recently written an article for the Butterworths Journal of...

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PPF issues new and updated guidance to IPs

The Pension Protection Fund (PPF) has issued new and updated guidance materials setting out its position on key pensions-related issues that might arise during insolvency proceedings. The PPF was established to compensate those individuals who belong to...

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Company directors liable for nuisance calls under amendments to e-privacy regulation

The Information Commissioner’s Office (ICO) has been granted additional powers to hold company director’s directly responsible for breaches of the Privacy and Electronic Communications Regulations (PECR). Entering into force in December 2018,...

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Sampling - parasitic behaviour or human right?

On 12 December 2018, Advocate General Szpunar (AG) advised that unlicensed sampling - however small - should be regarded as an infringement of the copyright in a sound recording. This will be welcomed by copyright owners, but does it go too far in...

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Flybe or not Flybe, that is the question - Consumer protection in the age of airline insolvency

Over the last few years, we have witnessed a number of both new and established airlines suffering financial difficulties and entering into insolvency processes. For the UK, the most significant airline insolvency in recent years has been the entry of ...

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Litigation costs payable by loser to winner can be capped

From today, if you have a claim with a value of £250,000 or less, you may be able to take advantage of the new Capped Costs List (CCL) which caps the amount of litigation costs you have to pay your opponent if you lose (and vice versa). The total cap...

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Consultation on new permitted development rights

In October 2018, the Government released proposals addressing the difficulties facing Britain’s high streets and the need for more housing. The ‘Planning Reform’ consultation suggests modifications to current permitted development rights...

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Digital services tax: a lifeline for bricks and mortar retail?

The government plans to introduce a new digital services tax targeting big technology companies with revenues over £500m. A consultation on the detailed design and implementation of the tax is under way and is due to conclude on 28 February 2019. The...

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Banking and Finance predictions for 2019

Our colleagues in our Restructuring & Insolvency team recently published an alert setting out their predictions for the UK’s Restructuring & Insolvency market during 2019. You can read their insights here . Meanwhile, we on the brighter side...

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Restructuring and Insolvency predictions for 2019

This past week has seen the return to work for many with attention now focusing to the year ahead. But what does 2019 promise for UK restructuring and insolvency specialists? Here we dust off our crystal ball and highlight a few immediate observations. 1....

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Trade marks: national protection, global online infringement

National protection, global online infringement The protection provided by a registered trade mark is limited to preventing infringing use in the country (or countries) of registration.  A recent High Court case involving the EASYJET trade mark...

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5AMLD - one year for trustees to consider their obligations

Recent years have seen an ever increasing drive on a global scale to combat the threats of tax evasion, money laundering and terrorist financing. The latest EU Directive (2018/843) known as the Fifth Anti-Money Laundering Directive (“5AMLD”)...

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