Articles

Pre-export finance and prepayment finance - overview

Despite recent political and economic events we have seen an increase in volume of trade finance facilities, especially in pre-export finance and pre-payment finance over the months. This overview explains the structure, parties and risks that are involved...

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Free movement of people will end with the UK leaving the EU

A government white paper has confirmed an end to the free movement of people with Brexit. S&B's Jackie Penlington comments on how this may affect people and employers in recent articles listed below. HRZone Personnel Today People Management ...

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Status of EU citizens in the UK: new details of settled status scheme revealed

Further details have recently been published regarding the rights of EU citizens and their family members after Brexit, including details about the process for applying for settled or pre-settled status.  Broadly, EU citizens and their family members...

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Are you doing all you can to avoid a civil penalty?

Recent guidance from the Home Office shows civil penalties for illegal working totalling over £11 million were issued to businesses in just one quarter last year. How do you get a civil penalty and how can they be avoided?

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UK Supreme Court rules in favour of ISPs in landmark decision

S&B's Elaine O’Hare and Kate Maguire explain the ruling and implications for ISPs and brand owners in their recent article in ITProPortal. Please see the full article here ....

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Restricted COS crunch- some good news at last

It has been far more difficult in recent months for UK businesses to recruit non-EEA nationals. This is because, for the 7 th consecutive month, the quota on the number of people who can be sponsored by their employers for skilled roles requiring a...

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MEESly claims? What do Minimum Energy Efficiency Standards (MEES) mean for dilapidations claims for commercial property?

Landlords and tenants have been preparing to navigate the MEES regulations for some time, but since the regulations now apply to all new leases landlords and tenants can expect arguments about the MEES obligations to form part of the discussion over...

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EAT confirms that right of appeal should be given to employees who fail to demonstrate their continued right to work

In Afzal v East London Pizza Ltd t/a Dominos Pizza UKEAT/0265/17 the Employment Appeal Tribunal confirmed that where an employee was dismissed after he failed to evidence he still had the right to work in the UK, the employee should be given the right to appeal to allow an opportunity for him to prove that an extension application had in fact been made before his leave expired and that he therefore had the right to work in the UK.

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Duty to Report on payment practices legislation: a round table discussion

With Duty to Report in effect now for just over a year, S&B's Oliver Kidd joins a discussion panel organised by SAP Concur on the impact of this legislation, and what could be coming next. Please see the article summarising the panel's...

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An update on Brexit and IP rights for pharmaceutical companies

Charlotte Tillett and Kate Maguire with S&B provide an update on where we are with Brexit and IP rights in the pharmaceutical sector. Please see their  recent article in Pharmaceutical Market Europe (PME)....

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New London court designed to tackle cybercrime, fraud and economic crime

A brand new 18 courtroom building will be built in the City of London specifically designed to tackle cybercrime, fraud and economic crime, the government announced recently. It will be built on the site of Fleetbank House and is expected to be completed in...

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Discrimination Arising from Disability: A cautionary tale for employers

In the case of City of York Council v Grosset the Court of Appeal considered whether an employer was liable for discrimination arising from disability when it dismissed a disabled employee for gross misconduct without knowing that the misconduct arose from...

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GDPR is here: Is your house in order?

All employers, whatever their size, should have certain critical documents in place now the GDPR and the Data Protection Act 2018 are in force. With significant fines for non-compliance and an increased emphasis on demonstrating compliance, getting the basic...

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Addison Lee courier held to have worker status

In a further example of employment status in the gig economy being successfully challenged, the Employment Appeal Tribunal has upheld an Employment Tribunal’s decision that a cycle courier was a worker, despite his terms of engagement stating that he...

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Company named in employment contract was not the true employer

In  Dynasystems for Trade and General Consulting Ltd and others v Moseley , the Employment Appeal Tribunal upheld an employment tribunal’s decision that an employment contract that identified a Jordanian company as the individual’s employer...

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ECJ holds that administrator of a fan page hosted on a social network is a "controller" for the purposes of the EU Data Protection Directive

The European Court of Justice (ECJ) has held than an administrator of a Facebook fan page was a controller, and was therefore jointly responsible with Facebook Ireland for the processing of that data.   Background A German company that was a...

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Managing sickness absence and avoiding unlawful discrimination

In DL Insurance Services Ltd v O’Connor , the EAT has upheld an employment tribunal’s decision that disciplining a disabled employee for having taken 60 days’ sickness absence was unlawful disability discrimination.   Background ...

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Brexit and IP - the story continues

As we reported in our last issue, on 19 March 2018 the EU and UK published a draft Withdrawal Agreement indicating the points which had been agreed so far at the negotiating level. This was updated on 19 June 2018. Although strictly ‘nothing is agreed...

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IFRS 16 and its impact on EBITDA/debt and financial covenants

IFRS 16 – the new lease accounting standard – will take effect from 1 January 2019. IFRS 16 introduces a new lease accounting model, removing the distinction between operating and finance leases. Currently operating leases are off balance sheet...

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The Supreme Court confirms Pimlico plumber is a worker

In the case of Pimlico Plumbers Ltd and another v Smith , the Supreme Court upheld the finding that Mr Smith, a plumber engaged by the company, was a worker for the purposes of the Employment Rights Act 1996 and the Working Time Regulations 1998, and was an...

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Overcoming the challenges direct lenders face when seeking recourse

Jonathan Porteous and Matthew Padian recently wrote for the  Butterworths Journal of International Banking and Financial Law  on the challenges direct lenders commonly face (and the potential solutions which they may consider using) when seeking...

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Cartier loses to ISPs in landmark UK Supreme Court decision

The long-awaited judgment in the case of Cartier International AG and others (Respondents) v British Telecommunications Plc and another (Appellants) was handed down by the UK Supreme Court last month, and BT and EE’s appeal that they should not have...

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U.S. Spotlight: The emerging role of the ITC in pharmaceutical disputes

Provided by Josh Pond & Matthew Meyer Kilpatrick Townsend Washington D.C. & Silicon Valley International Trade Commission The U.S. International Trade Commission (ITC) acts as an independent, quasi-judicial government agency with the power to...

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Pharma patent injunctions - in search of a proportionate solution

The general rule is that if patent infringement is found the patentee will be entitled to an injunction to prevent future infringement, and in the vast majority of cases this is what happens in practice.  The injunction is, however, a discretionary...

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Medical devices - parallel importer free to add a small label without triggering obligation to notify

The European Court of Justice (CJEU) has held that a parallel importer of wound dressings was free to add a small label to the outer packaging of the goods without infringing the brand-owner’s trade mark. It follows from this that the parallel trader...

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The death of schemes of arrangement for non-UK companies?

Rebecca Walker, a senior associate in the Restructuring & Insolvency team at Stevens & Bolton has collaborated with Sebastian Mielke and Bertram Bombe at German law firm, Menold Bezler, on an article, which was first published in April 2018 in...

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New guidance on whether guarantees and loans are distributions

The accountants sent the lawyers into somewhat of a panic last year when the Institute of Chartered Accountants in England and Wales (ICAEW) together with their Scottish counterparts published a Technical Release suggesting that companies which guarantee the...

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Condition precedent drives a coach and horses through MF Global CVA

There has been a huge amount of recent press attention on the increasing use by struggling retailers and casual dining operators of company voluntary arrangements (CVAs). Several household names, including the likes of House of Fraser, Jamie’s Italian,...

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More rulings impacting the gig economy

Boma Adoki provides her expertise in this article on gig economy cases in the Daily Mail, highlighting Hermes recently losing its battle with 65 drivers. Please see the full article here ....

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Transfers outside the EEA - derogations guidance from the European Data Protection Board

The European Data Protection Board (EDPB) has now published its final guidelines on derogations under the GDPR. The EDPB is an independent European body composed of representatives of the national supervisory authorities of each EU member state and the...

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