Articles

Article 29 Working Party issues final guidance on Consent

The Article 29 Working Party (WP29) has recently published its final guidance on Consent under the General Data Protection Regulations (“GDPR”). The final guidance can be found here. Consent is one of the six lawful bases on which personal data...

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A Q&A on CVAs

  1. What is a CVA? A CVA is a form of insolvency process which allows a company to continue trading whilst it seeks concessions from its creditors. A CVA typically provides for a rescheduling of debts or reduction in payment to unsecured creditors...

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The importance of "consent not to be unreasonably withheld"

Earlier this year we wrote about a recent case in which a bank failed to act reasonably when withholding its consent to the release of a secured asset. At the time of our previous commentary (click here to read that more fully), the full case transcript...

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Unified Patent Court One Step Closer after UK Ratification

In a significant development for international patent litigation, on 26 April 2018, the UK announced its ratification of the Unified Patent Court Agreement (“ UPCA ”). If implemented, this will create an international court with jurisdiction over...

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Minimum Energy Efficiency Standards (MEES)

Minimum Energy Efficiency Standards (MEES) apply to both residential and commercial properties but the two regimes are different - this briefing covers commercial properties, described by the regulations as “non-domestic” properties. What is...

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Jonathan Porteous' half-term report

Earlier this year, I put my neck on the line by forecasting my top tips for the loan markets in 2018. It's this sort of behaviour that sets a Stevens & Bolton lawyer apart from the average lawyer - a willingness to opine rather than simply report....

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Government launches insolvency and corporate governance consultation

On 20 March 2018, the Department for Business, Energy & Industrial Strategy, in conjunction with The Insolvency Service, opened a consultation which proposes a number of measures to improve corporate governance in companies that are in or approaching...

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ICO publishes draft guidance on Data Protection Impact Assessments for consultation

The ICO has recently published draft guidance relating to Data Protection Impact Assessments (DPIA) under the General Data Protection Regulation (GDPR) which can be found  here  (PDF download). It has been published for consultation, with the...

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Employer not obliged to revisit decision to dismiss after notification of pregnancy

In  Really Easy Car Credit Ltd v Thompson  the Employment Appeal Tribunal (“EAT”) considered whether an employer, having decided to dismiss an employee, is required to revisit their decision if, prior to communicating the decision, the...

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Time spent "on call" to be viewed as working time when the worker's ability to undertake non-work activities is significantly restricted

In Ville de Nivelles v Matzak (C-518/15) the European Court of Justice determined that time spent on stand-by counts as working time under the Working Time Directive when the obligations placed on a worker during that stand-by time significantly restrain...

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"Pre-cancerous" condition a deemed disability under the Equality Act 2010

The Employment Appeal Tribunal (“EAT”) has confirmed, in Lofty v Hamis (trading as First Café), that a “pre-cancerous” skin lesion is a deemed disability for the purposes of paragraph 6 of Schedule 1 to the Equality Act 2010...

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Employment Appeal Tribunal considers timing of obligations for collective consultation

In the case of Keeping Kids Company v Smith and others, the Employment Appeal Tribunal (“EAT”) looked at whether a charity breached its collective redundancy consultation obligation in the lead-up to its insolvency.  The EAT dismissed an...

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Update: Capped costs pilot for claims up to £250,000

The new voluntary capped costs pilot referred to in our earlier note was due to become operational on Monday 4 December 2017. Almost a year on from our first update on fixed recoverable costs, as at April 2018 we are still waiting for a commencement date...

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The ICO publishes guidance on legitimate interests for GDPR

The ICO has recently published new and welcome guidance on legitimate interests as a basis for processing personal data. The detailed guidance was published on 22 March 2018 and can be found here  (PDF download). These pages sit alongside the already...

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A unicorn that turned into a nag: the VE Interactive pre-pack and administrators' conflicts of interest

Pre-packaged administration sales have aroused the interest, opprobrium and ire of many a politician and the press in recent times. It was only a couple of months ago that Jamie Oliver's upmarket Barbecoa steakhouses went into administration and the...

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Pop-up shops for retailers

S&B's Rebecca Walker and Helen Wheddon provide their expertise to retailers thinking of using pop-up shops. Please see their recent article published in FashionCapital....

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Resident Labour Market Test must be a genuine attempt to recruit from the settled workforce

A recent High Court decision in judicial review proceedings emphasises the importance of ensuring that the Resident Labour Test is carried out correctly.  In particular, it is crucial that sponsors consider all applications received against the...

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An update on the rights of EU citizens post Brexit

As the Brexit deal begins, ever so slowly, to take shape, the UK Government has made welcome concessions on the position of EU migrants already in the UK or who are thinking of coming to the UK to live and work after Brexit. The Government has recently...

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Draft Withdrawal Agreement sets out proposed post-Brexit landscape for EU-wide IP Rights

Following a period of negotiations between the UK and the EU Commission, a draft Withdrawal Agreement on the UK’s exit from the European Union was published on 19 March 2018. The draft sets out plans for a transition period of 21 months ending on 31...

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Round up of recent immigration changes

Please see the following recent changes in immigration law. Application fee increases from 6 April 2018 As we’ve come to expect, Home Office application fees will increase from 6 April 2018.  Most application fees have been increased by around...

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Reminder - Annual Certificate of Sponsorship Allocation date approaching

Sponsors are granted an allocation of unrestricted certificates of sponsorship each year and these cover the period from April of that year until April of the following year. In some cases the Home Office allocates these automatically.  However, those...

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To guarantee, or not to guarantee, that is the question

Ever given a guarantee? Many a company director has likely been asked to give one and most, given the choice, would probably rather not. Sadly life isn’t always that easy. Some companies struggle to borrow without their directors offering some kind of...

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Disparity of agency worker working conditions to be judged on a term-by-term basis

Regulation 5(1) of the Agency Workers Regulation 2010 (“AWR”) entitles an agency worker, after 12 continuous weeks in the role, to the same basic working and employment conditions that they would have had if they been recruited directly by the...

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ICO to introduce Data Protection Fees under the General Data Protection Regulation

The UK has announced plans to introduce a three tier Data Protection Fee, which will replace the current two tier system of registration for data controllers. The new fee structure is set out in The Data Protection (Charges and Information)...

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Court of Appeal considers whether software supplied electronically is "goods"

The Court of Appeal considers whether software is “goods” for the purposes of the Commercial Agents (Council Directive) Regulations 1993. In a decision that will be of interest to those in the IT industry, the Court of Appeal has held that...

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How you can ask for equal pay at work

Hannah Ford shares her tips on navigating pay gap negotiations in this recent article featured in The Telegraph. Please read the full article online. ...

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Changes to EU medical device regulations

Changes to EU medical device regulations are here: S&B's Gustaf Duhs explains what Pharma businesses need to do in PharmaTimes. Please see the full article here ....

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Corporate criminal liability for failure to prevent tax evasion

The Criminal Finances Act 2017 introduces two new corporate criminal offences of failure to prevent the facilitation of tax evasion. The two new offences, one for failure to prevent UK tax evasion and the second for failure to prevent facilitation of foreign...

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Can't safely back out of your driveway?

Can't safely back out of your driveway? S&B's Stephen Rockhill let's you know what you can do in the The Sunday Times home help Q&A section. Please see the full article here (free registration required)....

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The CMA considers its post-Brexit role

The Competition and Markets Authority (“CMA”) has given some indications of how it sees its role in enforcing competition law following the UK’s withdrawal from the EU.  Its draft annual plan, which has gone out to consultation and...

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