Articles

Employers vicariously liable for deliberate misuse of personal data by rogue employees

The recent Court of Appeal decision in the case of Wm Morrisons Supermarkets Plc v Various Claimants shows that employers may now be vicariously liable for data breaches caused by the deliberate acts of rogue employees, even where the employer is otherwise...

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Sir Tim Berners-Lee announces a new 'Contract for the Web' at Web Summit in Lisbon

Nicknamed by many as the ‘Magna Carta for the Web’, the new global campaign launched by the World Wide Web Foundation (set up by Berners-Lee in 2008) has already received support from over 50 organisations including Google and Facebook. At a Web...

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Pay first, adjudicate later: appeal court decision has significant ramifications for payment practices in the construction industry

S&T (UK) Limited v Grove Developments Limited [2018] EWCA Civ 2448 In our insight article published on 28 February 2018, we discussed the decision of Grove Developments v S&T (UK) Limited [2018] EWHC 123 (TCC) , which was decided by Coulson J...

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Bakery's cake order refusal not direct discrimination

The Supreme Court has held in Lee v Ashers Baking Company that the Christian-owned bakery did not directly discriminate against a gay customer when it refused to fulfil his request to bake a cake with a slogan supporting gay marriage.  Background ...

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Employer owes no duty of care to employees when conducting civil litigation

In James Bowen and others v Commissioner of Police of the Metropolis the Supreme Court considered the effect of the implied duty of trust and confidence in relation to the conduct of litigation by an employer or quasi employer. The Court concluded that the...

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Removal of contractual travel allowance following a TUPE transfer was not void

In the recent case of  Tabberer and others v Mears,  the Employment Appeal Tribunal (“EAT”) held that the removal of a contractual travel allowance following a TUPE transfer was not void. The EAT found that the allowance was removed...

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Can restrictive covenants survive a repudiatory breach of contract by the employer?

In the recent case of  Brown v Neon Management Services Ltd,  the High Court has considered whether the employees’ restrictive covenants were enforceable following a repudiatory breach of contract by their employer. The wording of the...

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No such luck - attempt by stakeholders to avoid debt by placing company into liquidation fails

One of the beautiful things about the law is that if you and I decide to create a company, then that company boasts separate legal personality from each of us. Company founders seem to like this principle because if all else fails, and the company goes...

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Proving in liquidation as a guarantor - is it easy (like Sunday morning)?

It is not unusual for a company (the “Guarantor”) to guarantee a debt of a related company (the “Principal Debtor”) and subsequently to be asked to pay out sums owed by the Principal Debtor in the event of the latter’s...

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Frustration and Brexit

Canary Wharf T1 Limited and the European Medicines Agency (EMA) are currently involved in litigation surrounding the EMA’s lease of office premises and the impending relocation by the EMA to Amsterdam.  The EMA case highlights the issues arising...

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FAQs on Loan Notes

Head of Banking and Finance, Jonathan Porteous, has prepared a note for leading legal publisher, Practical Law, with answers to some queries which commonly arise when using general purpose loan note instruments. Practical Law provides legal know-how for...

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Corporate governance reforms

During the long hot summer of 2018, whilst we were seeking dappled shade in which to count our sunny blessings, the Government’s Department for Business, Energy & Industrial Strategy (BEIS) was busy preparing and publishing a bumper set of...

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Watch this space - insolvency reform is coming

Just as Summer was closing for business for another year, the UK Government announced some sweeping insolvency reforms. In late August the Department for Business, Energy & Industrial Strategy (BEIS) published its response to its 2016 Review of the...

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Fraud doesn't always trump all - mortgagee can still enforce its equitable charge

Mention the concept of a “trust” to your average lawyer, and many will recall some dark times during law school finals and search for a cold towel. And yet it was the transfer of a property into a trust which was at the heart of a recent case...

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Progress made on tackling late payments with further steps being taken

Over recent years the government has taken steps to tackle the problem of late payment between businesses in the UK - a particular issue for SME suppliers. Recent measures As part of promoting a ‘responsible payment culture’, April 2017 saw the...

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No Supplementary Protection Certificates for drug-device combinations

The Court of Justice of the European Union (CJEU) has held that supplementary protection certificates (SPCs) are only available for medicinal products and not for medical devices incorporating medicinal products. SPCs extend patent protection for authorised...

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Skinny labels and marketing authorisations

A ‘carve out’ of the patented indications from the Summary of Product Characteristics (SmPC) for a generic product has the effect of limiting its marketing authorisation. In such circumstances the authority should not publish the full label on...

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Comparing the "market" when selling a mortgaged asset

A recent case demonstrates the difficulties for a mortgagee when embarking upon the sale of a mortgaged asset, where there is no readily available market for the asset in question. It is settled law that if a mortgagee exercises its power of sale, it owes...

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So when is an administrator appointed?

This question has been left in doubt following the recent High Court case, Re NJM Clothing Ltd [2018] EWHC 2388 (Ch) . The legal framework Paragraph 31 of Schedule B1 to the Insolvency Act 1986 (“Sch B1”) provides that the appointment of...

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Successful misrepresentation claim - Vision Express franchise

It is unusual for franchise disputes to make it all the way to the courts, so when they do it provokes a stir amongst the franchise community. Such cases provide valuable direction as to what should be avoided or addressed in franchise practice and...

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CAT upholds CMA's decision regarding Ping's ban on online sales of golf equipment

The Competition Appeal Tribunal (CAT) has issued a judgment in Ping’s appeal of the Competition and Markets Authority's (CMA) decision regarding Ping’s online sales ban. The CAT upheld the CMA's findings that the actions of...

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LMA publishes note on implications of Brexit for its loan documents

The LMA recently published a supplemental note on the implications of Brexit for LMA loan documentation. Its primary focus is the loss of financial services passports associated with Brexit. Here we zone in on the documentary tools the LMA recommends to...

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A further update for employers on the MAC report on immigration

On 18 September 2018 the Migration Advisory Committee (‘MAC’) finally published its long awaited report on the impact on the UK labour market of the UK’s exit from the European Union.  The MAC was commissioned by the Government to...

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National Minimum Wage penalties now enforceable against the new employer in TUPE transfers

HMRC have announced a change in approach when enforcing national minimum wage (NMW) liabilities following a TUPE transfer. The new employer will now be liable for all NMW liabilities, including the full penalty amount, even when it is referable to...

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Employee on zero hours contract found to be an agency worker

In the case of Brooknight Guarding Ltd v Matei , the Employment Appeal Tribunal (“EAT”) has provided guidance on the test for determining whether or not an individual is an agency worker. This case is interesting as the individual was found to...

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Immigration law 2018 report covers topical issues from six global experts

Our Kerry Garcia is one of 6 global immigration law experts featured in the new CorporateLiveWire Immigration Law 2018 Virtual Roundtable report, covering topical issues such as the crackdown of undocumented workers and immigration post-Brexit. Read more by...

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BEIS produces a report on gender pay gap reporting

The Department for Business, Energy and Industrial Strategy (BEIS) has produced a report on Gender Pay Gap reporting, reflecting on the results of the first set of statistics published by employers in April this year and considering how the regulations can...

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Influencer marketing: Competition and Markets Authority investigation

The Competition and Markets Authority (CMA) recently launched an investigation into concerns that social media stars are not properly declaring when they have been paid, or otherwise rewarded, to endorse goods or services. Such endorsements are referred to...

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The MAC report on immigration - what employers need to know

The Migration Advisory Committee (MAC) has finally published its long awaited report on the impact on the UK labour market of the UK’s exit from the European Union.  The MAC was commissioned by the Government to assess the impact of EEA migration...

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Technical Notices for IP in a no-deal Brexit

On 24 September 2018 the UK Government published four brief technical notices setting out the implications of a no-deal Brexit for intellectual property rights (IP) in the UK and the Government’s response. ‘No deal’ means that the UK would...

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