Articles

Employment Appeal Tribunal held employee's failure to provide evidence of his right to work does not mean his employment is a contravention of statute

The Employment Appeal Tribunal has recently held in the case of Baker v Abellio London that an employer which dismissed an employee who was not subject to immigration control, but who could not provide documentary evidence of his right to work in the UK,...

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Airline insolvencies: a review

Following the high profile reports of Monarch entering administration in October 2017, there have been a number of key developments of interest to both officeholders and consumers. Most recently, on 22 November 2017 the Court of Appeal confirmed (in ...

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​Update on privilege: Law Society intervenes in the Serious Fraud Office case, which is set for appeal

Further to our August 2017 article on the ruling in Serious Fraud Office (SFO) v Eurasian Natural Resources Corporation Ltd (ENRC) , ENRC has been granted permission to appeal to the Court of Appeal. The appeal will consider Mrs Justice Andrews’...

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Holiday pay: workers have the right to unlimited back pay

There has been yet another complicated and potentially far reaching decision in the never ending saga of holiday pay. In King v The Sash Window Workshop Ltd , the European Court of Justice (“ECJ”) has held that where an employer has failed to...

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The European Court of Justice held that weekly rest periods may be given at any time in a seven-day period

Background Mr Maio Marques da Rosa was employed as a casino operative from 1991 to 2014 in Portugal.  The casino was open seven days a week.  Mr da Rosa’s worker’s agreement stated that he was entitled to two days’ consecutive...

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Employee fined over £1,800 for taking personal data from his employer

A charity employee pleaded guilty to unlawfully obtaining personal data under s.55 of the Data Protection Act 1998 and was ordered to pay £1,860.25. What happened? On 22 February 2017, an employee of Rochdale Connections Trust sent 11 emails to his...

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European Medicines Agency will relocate to Amsterdam

On 20 November 2017, in a hotly contested vote, the General Affairs Council decided that the EMA, which has been based in London since its creation in 1995, will relocate to Amsterdam on 30 March 2019.  Out of the 18 other candidate cities, other close...

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Will the Government's plans to double "exceptional talent" visas be enough?

Jackie Penlington considers the Government's recent announcement to double "exceptional talent" visas. Please see the full article online here at IT ProPortal....

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Dosage regimes - "obvious to try" rides again

In a decision which is likely to make it more difficult to patent dosage regimes in future, the Court of Appeal has overturned the High Court’s finding that a patent for a dosage regime for CIALIS was valid.  CIALIS is used, among other things,...

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High Court considers claim interpretation and novelty following Supreme Court's recent judgment on equivalents

In July 2017 the UK Supreme Court clarified the circumstances in which the monopoly granted by a patent could be widened beyond the normal interpretation of the claim to cover variants which have no material effect on the way the invention works. This...

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Your opinion counts! The role of legal opinions on banking & finance transactions

The City of London Law Society has recently published an updated guide on the questions and issues to be considered and addressed when law firms are providing legal opinions to lenders on banking & finance transactions (the CLLS Guide ).   What...

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ASA rules on the meaning of "control" in relation to advertorial vlogs

The Advertising Standards Agency (ASA) has ruled that two vlogs posted on the YouTube channel Global Cycling Network (GCN) were advertorials, rather than merely sponsored content. Under the Committee of Advertising Practice (CAP) Code, a vlog will be an...

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Finding the best investors for your growing business

Need to find the right investor for your growing business? Jenny Robertson of S&B provides help in this article in  Fresh Business Thinking . Please see the full article here .  ...

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Life Sciences: In other Brexit news...

With March 2019 fast approaching, there have been more Brexit-related developments in the Life Sciences sector which we wanted to highlight to you. UK Parliament’s briefing paper on Brexit and medicines regulation The briefing paper, which was...

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Resolving home damp from a neighbour's garden work

S&B's Stephen Rockhill provides expert Q&A on home damp from a neighbour's garden work in yesterday's home help section of The Sunday Times. Please see the full article here ....

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Budget analysis: What is in it for Life Sciences?

In late October the UK Chancellor announced that there would be £17 million of new life sciences funding to help create benefits for the NHS and patients. Looking at the Budget which was published on 22 November 2017, there are some interesting...

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Logistical issues for online retailers this Christmas

Charles Maurice of S&B explains the unique challenges online retailers face this busy shopping season in the latest article from RetailTechNews. Please see the full article available here ....

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High Court exercises its powers to remove an arbitrator in a recent case and a reminder of the importance of precedent

Tonicstar Limited v Allianz Insurance and Sirius International Insurance Corporation [2017] EWHC 2753 Arbitration is often favoured by parties because it offers more flexibility, including the fact that parties are able to choose the arbitrator/s to...

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Uber loses appeal on worker status in the Employment Appeal Tribunal

The Employment Appeal Tribunal has recently given its decision in the case of Uber BV and others v Aslam and others holding that Uber drivers are workers and therefore entitled, amongst other things, to paid holidays and the minimum wage.   Facts ...

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Less revenue and control for landlords from the new Electronic Communications Code

Louise Kellaway and Jonathan Cope from our Real Estate Team review how forthcoming changes to The Electronic Communication Code will impact landlords in a recent article in Landlord Today. Please see the full article here .  ...

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European Medicines Agency gets ready for relocation

It is not long now until the EMA announces its new host city, with applications from Amsterdam to Zagreb. See our note EMA: Preparing for Brexit for the full list of cities and the selection criteria. After the announcement on 20 November 2017, the EMA...

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Knowledge of whistleblowing and fairness of dismissal

The fairness of a dismissal should be based on what the decision-maker knew and not what they should have known. In Royal Mail Ltd v Jhuti [2017] the Court of Appeal considered whether an employee had been automatically unfairly dismissed on grounds of...

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New draft guidelines on GDPR mandatory breach notifications

One of the key changes under the GDPR will be the change to reporting personal data breaches. Under the current legislation, most organisations are not generally legally required to report personal data breaches, albeit it is good practice to...

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Court confirms the late payment legislation does not provide automatic entitlement to costs in adjudication

There has been some debate as to whether or not legal costs incurred in pursuing debt claims in adjudication might be recoverable under the Late Payment of Commercial Debts Interest Act 1998. In an article published last year , I counseled against any...

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The only way is up...what the Base Rate change means for corporate borrowers

Last week the Bank of England increased its Base Rate from 0.25% to 0.50%. This is the first such rate change since 2007, reversing the 0.25% cut that was made last summer following the Brexit referendum result. For many the rate change comes as no...

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Risk assessment for breastfeeding mothers

In the case of Ramos v Servicio Galego de Saude , the European Court of Justice has recently held that a failure by an employer to carry out an appropriate workplace risk assessment, based on the individual circumstances of a breastfeeding worker, was...

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New corporate offence: failing to prevent the facilitation of tax evasion

A new corporate offence of failing to prevent the facilitation of tax evasion came into force on 30 September 2017 under the Criminal Finances Act 2017 (the “CFA 2017”). Employers will commit an offence under the CFA 2017 if they fail to prevent...

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Mondolez drops litigation against Poundland over trademark infringement

Mondolez has recently agreed to drop its trademark infringement litigation against Poundland.  The confectionery company had filed a legal challenge over the budget chain's version of Toblerone. S&B's Elaine O'Hare comments in...

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Employment Tribunal refund scheme starts

The government has launched the first phase of the employment tribunal fee refund scheme following the Supreme Court decision in July that Tribunal fees were unlawful. In this initial phase, approximately 1,000 eligible parties will be contacted to apply for...

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Employment Tribunal fees refund scheme starts

The government has launched the first phase of the employment tribunal fee refund scheme following the Supreme Court decision in July that Tribunal fees were unlawful. In this initial phase, approximately 1,000 eligible parties will be contacted to apply for...

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