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Articles

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UK SCC's - the future

The Information Commissioner’s Office (ICO) is working to create new UK Standard Contractual Clauses (SCC’s) for international data transfers, which should be released for consultation this summer. What are SCC’s? SCC’s are...

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Westminster City Council v Sports And Leisure Management Ltd - Risk allocation and COVID-19

“ The inevitable is no less a shock just because it is inevitable .” – Jamaica Kincaid When it comes to contract negotiation, the allocation of risk is (usually) at the forefront of the parties’ minds. Obviously in the construction...

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Court orders re-trial for inexcusable delay in delivering judgment

The Court of Appeal in Natwest Markets Plc and another v Bilta (UK) Ltd and others [2021] EWCA Civ 680 made an unusual decision to order a re-trial. This is a rare example of a situation where an appellate court has expressed serious concerns as to...

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Which of my workers need to self-isolate? An employers' guide to surviving the "pingdemic"

There are currently hundreds of thousands of workers self-isolating in England, which is putting a strain on many businesses. There is also a lot of misinformation circulating about which individuals are now required to self-isolate. Recent...

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Fraud and dissolution: Insolvency Service to gain new powers to pursue rogue directors

Rogue directors will find themselves in the firing line if and when The Rating (COVID-19) and Directors Disqualification (Dissolved Companies) Bill, which is currently making its way through parliament, comes into force. The proposed bill will enable the...

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Financial certainty in divorce - but at what cost?

Baroness Deech’s controversial Divorce (Financial Provision) Bill was re-introduced to the House of Lords on 19 July 2021. A date for its second reading has yet to be set. The controversial Bill has been around in various forms for many years and...

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Reducing the risk of COVID-19 spreading in your workplace: a practical guide for employers

The government has published new guidance on working safely as we embark on Stage 4 of the Roadmap and, specifically, how to open workplaces while reducing the risk of spreading COVID-19. The guidance aims to provide employers with advice on sensible...

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Lessons for investors when starting out with a joint venture

In the excitement of starting a joint venture or deciding to invest in a new company, don’t overlook the importance of turning any verbal agreement into a written contract. Not only that, but advice should be taken on the terms of that...

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Supreme Court restores conventional approach to liquidated damages clauses

The Supreme Court has handed down the highly anticipated judgment in the case of Triple Point Technology, Inc v PTT Public Company Ltd [2021] UKSC 29 . The decision is likely to be a welcome one to those in the industry, restoring the conventional approach...

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Trade marks - the importance of being the right way up

A trade mark dispute between Chanel and Huawei involving a sideways view of Huawei’s "H" logo (pictured below) underlines the importance of protecting logos and other figurative marks in all relevant orientations. The dispute...

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How employers should plan for a gradual return to the workplace

On 12 July 2021, the Prime Minister confirmed that Step 4 of the government’s Roadmap will go ahead on Monday, 19 July. The government is removing its instruction to work from home if you can, but does not expect that “the whole country will...

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Getting the right credit on IMDb

As the “world’s most authoritative source for movie, TV and celebrity information”, getting the right credit on IMDb is important to the celebrity career. After her success in obtaining recognition for her contribution to the screenplay of...

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Amber quarantine rules "ready to depart" on 19 July: changes to the quarantine requirements for arrivals from amber countries

Along with the planned lifting of all national Covid-restrictions, 19 July 2021 will see significant changes to the quarantine requirements for those returning to England from "amber" countries. From 4am on 19 July 2021, the government will...

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The Modern Slavery Statement Registry and Modern Slavery Bill

The first of potentially numerous reforms towards strengthening corporate transparency and accountability under s.54 Modern Slavery Act 2015. Earlier this year (11 March 2021) the government launched the Modern Slavery Statement Registry. This is an...

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Someone in our business hasn't applied under the EU settlement scheme - what can we do?

The deadline for applications under the EU Settlement Scheme (the Scheme) was 30 June 2021. But what if it comes to light that an employee has not submitted their application by the deadline? Transitional measures The updated employer guidance on...

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Right to work checks for EEA nationals

From 1 July 2021, EEA passports and national ID cards alone no longer demonstrate that an EU, EEA or Swiss national has the right to work in the UK. Below we explore the different approaches that may need to be taken to right to work checks in respect of EU,...

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Key issues for employers: preparing for "Freedom Day" on 19 July

The Prime Minister has announced that, subject to a final review of data, most legal restrictions in place to prevent the spread of COVID-19 will end on 19 July 2021. Although much of the detail is missing, and further announcements and guidance...

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Safety doesn't happen by accident: the new Building Safety Bill

Earlier this week (Monday 5 July 2021), the long-awaited "Building Safety Bill" (the Bill) was introduced to the House of Commons and given its First Reading. Background Following the Grenfell Tower fire in 2017, which tragically took the...

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It's official: women less able to accommodate flexible working patterns because of childcare responsibilities

The Employment Appeal Tribunal (EAT) has confirmed that women still bear the greater burden of childcare and that this can limit their ability to work certain hours. This “childcare disparity” is well established and must be taken into account by...

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When will content sharing platforms be liable for user-uploaded copyright infringements?

On 22 June 2021, the Court of Justice of the European Union (CJEU) handed down its long-awaiting judgment concerning the liability of online platform operators such as YouTube and Uploaded. In a decision that will largely be well received by content...

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COVID-19: tribunal decisions on serious and imminent danger in the workplace

Employment tribunals in England are now starting to hear more cases relating to COVID-19. A number of these cases focus on the protection under the Employment Rights Act 1996 for employees who are dismissed in circumstances of danger which they reasonably...

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Lloyd v Google - access to justice or an opening of the "opt-out" floodgates?

Class actions and privacy Earlier this year, the Supreme Court heard Google’s appeal against the Court of Appeal’s finding that it should answer a claim for breach of the UK Data Protection Act 1998 (DPA). With its decision set to have...

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Sustainability linked loans - coming to the mid-market soon

Quick recap Sustainability linked loans (SLLs) contain provisions which incentivise borrowers to achieve improvements in their own ESG targets. Typically these incentives are implemented by way of a margin ratchet, either symmetric or downwards only,...

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"What a difference a day makes" - The Supreme Court confirms calculation of limitation periods for "midnight deadline" cases

In its recent decision in Matthew & Others v Sedman & Others the Supreme Court found that where a cause of action accrued at midnight the following day should be included in the calculation of the six-year limitation period under the Limitation Act...

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"The level playing field abandoned": the effect of expert witnesses' breach of a court order and the CPR

In a recent case brought before the Technology and Construction Court, Mrs Justice Joanna Smith excluded the defendant’s expert evidence because both the defendant and its experts had committed clear breaches of both a previous court order and the...

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CMA consultation on greenwashing claims

The Competition and Markets Authority (CMA) recently published a consultation regarding its draft guidance for businesses making environmental claims about their goods and services. The consultation closes in July 2021 and the CMA intends to issue its final...

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Life sciences A to Z: T is for telemedicine

Whilst efficiency, convenience and access to healthcare may be improved by telemedicine, regulation in this area can be a minefield. COVID-19 has altered our lives in many ways, one of which being the significant increase in accessibility and use of...

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Life sciences A to Z: T is for trade marks

Trade marks are extremely important in the life sciences sector. A strong brand name can endure, and sustain a market leading position, long after a patent has expired. However, due to the nature of the sector, trade mark protection is highly regulated with...

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CVAs - friend or foe?

The past week has been frustrating for landlords, with the High Court rejecting a landlord challenge to New Look’s CVA (Lazari Properties 2 Ltd and others v New Look Retailers Ltd and others [2021] EWHC 1209 (Ch)) and days later sanctioning Virgin...

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Technical breaches of directors' disclosure duty - do they matter?

The Court of Appeal decision in the case of Fairford Water Ski Club v Cohoon & Anor [2021] EWCA Civ 143 is a useful reminder to directors of the need to declare their interest in a contract or proposed contract with their company. The case also serves...

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