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Articles

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Life sciences A to Z - I is for immigration

The UK life sciences industry relies heavily upon a European workforce. With the end of the implementation period looming, the immigration implications of the UK’s withdrawal from the EU should be considered urgently. Existing European workforce...

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Mistakes in security documents registered at Companies House - is rectification needed?

The recent High Court case of Pathway Finance S.À.R.L v London Hanger Lane Centre Ltd [2020] EWHC 1191 (Ch) has been welcomed by practitioners as it confirmed that security documents registered at Companies House containing incorrect...

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New environmental liability study for the European Commission

The European Commission has published a study by Stevens & Bolton’s environmental expert, Valerie Fogleman, on improving financial security in the context of the Environmental Liability Directive (ELD). Valerie wrote the study, which totals over...

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Managing a workforce in the new COVID-19 era

The government has introduced two new measures in response to the COVID-19 pandemic that may have a significant impact on working life: the NHS’ Test & Trace system* and the new quarantine rules for travellers entering the UK. We discuss the...

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Latest reports suggest British Airways to mount legal challenge against the UK government over Covid-19 quarantine restrictions - judicial review and how to pursue it

Background The owners of British Airways, IAG, have joined forces with Ryanair and EasyJet in an attempt to overturn the UK government’s decision to introduce new quarantine measures for travellers to the UK. The new measures, which came into force on...

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DocuSign: 10 FAQs

Lockdown and social distancing measures have led to an increase in the use of e-signature platforms. Without the ability to meet in person to put pen to paper, or to access scanners and printers to sign and return legal documents remotely, e-signature...

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Cryptocurrency - is it recognised as "property" under English law?

What is “Cryptocurrency”? Cryptocurrency is a virtual or digital currency based on blockchain technology (i.e. technology used to keep a record of all transactions which take place over peer to peer networks). Cryptocurrency is used as a...

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Courts review their response to the COVID-19 pandemic

The Civil Justice Council has produced a comprehensive report, based on over 1,000 court user responses, looking at user experience of the civil courts during the COVID-19 pandemic and making recommendations for improvement. According to the CJC Rapid...

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Innocuous acts can trigger constructive dismissal

In the case of Williams v Governing Body of Alderman Davies Church in Wales Primary School , the EAT held that an event which itself is entirely innocuous but, which ‘tips’ an employee into resigning after a prior fundamental breach by their...

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COVID-19: ICO publishes guidance for employers on workplace testing

The ICO has published guidance for employers on the data protection implications of workplace testing for COVID-19. The guidance answers questions frequently asked by employers as they contemplate workplace testing, including how much information they...

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How does the furlough scheme apply to directors?

The Government announced basic details of the new Coronavirus Job Retention Scheme (CJRS) on 20 March 2020. This scheme enables business whose operations have been severely affected by the current COVID-19 pandemic to furlough employees and apply for a...

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Sweet 'Midsummer night' dreams?

Traditionally, Midsummer’s Day marks a time for festivities and optimism. But, as 24th June approaches, commercial landlords and tenants are unlikely to enjoy such sanguinity.  This article was first published by CoStar News on 5 June 2020...

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Homophobic remarks about hypothetical recruitment processes can still be considered a breach of EU equal treatment law

The European Court of Justice has decided that remarks made by a senior Italian lawyer on the radio that he would not hire a gay lawyer, even though his firm was not recruiting, could still amount to unlawful discrimination under the Equal Treatment...

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Can company money be used to fund a dispute between a company's shareholders? No!

In the recent case of Michael Gott v Rune Hauge and Ors [2020] EWHC 1152 (CA) , the Court re-affirmed the well-established principle that company funds should not be used to pay legal and professional costs in disputes between the company’s...

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Cross border co-operation taken to a new level - courts around the world unite

The world’s commercial courts have come together to discuss their experiences of delivering justice in the COVID-19 pandemic and to identify issues that need to be addressed. The Standing International Forum of Commercial Courts...

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Non-compete clause declared reasonable despite lack of set-off during garden leave

In the recent case of Square Global Limited v Leonard, the High Court has held that the absence of a garden leave set-off clause in an employment contract does not automatically make any non-compete clauses unreasonable.   Background After an...

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Lifting of restrictions - limited UK visa and immigration application centres and services are beginning to resume

While the Government has confirmed that a 14-day quarantine period will be imposed on most people arriving in the UK on or after 8 June 2020, visa application centres are starting to gradually reopen overseas. This is on a country by country basis, depending...

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Beneficial variations to an employment contract held to be void where the principal reason is a TUPE transfer

In the recent case of Ferguson & Ors v Astrea Asset Management Limited , the Employment Appeal Tribunal (‘ EAT ’) held that both beneficial and adverse variations to the employment contract of a transferring employee are void under...

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Extension of Home Office concession for non-EEA nationals whose leave expires on or before 31 July 2020

The Home Office has published updated guidance to its concessions which allow individuals to have their leave extended temporarily until 31 July 2020 or, if they are applying to remain in the UK under a long term immigration category, to submit the...

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Appointing administrators: failure to obtain and file with the court FCA consent prior to the appointment of administrators leads to void appointments

In his judgment handed down on 7 May 2020 in the case of  Gregory v ARG (Mansfield) Ltd [2020] EWHC 1133 (Ch), HH Judge Davis-White QC, sitting as a Judge of the High Court, commented (on an obiter basis) that where a company regulated by the Financial...

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Confidentiality clauses - worth the paper they are written on?

Confidentiality is key to the settlement of many disputes – most parties don’t want the wider world to know the details of the settlement reached with their counterparty. But how effective are confidentiality clauses? A recent case highlights...

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Group actions in the time of COVID-19; reducing the risk

Group actions (brought by groups of either individuals or companies) have been possible under the English legal system for some time and have their attractions. Whilst one individual or business might not be motivated to pursue a claim alone, a group can...

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Changes to the Coronavirus Job Retention Scheme are announced

On 12 May 2020, the Chancellor announced that the Coronavirus Job Retention Scheme (CJR Scheme) would be extended until the end of October 2020. On 29 May 2020, he announced further details of the changes the extended scheme encompasses, including a tapering...

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What should contracting parties do when COVID-19 is claimed as: Force Majeure, or a cause of disruption or when rent is not paid?

This was a question raised in the webinar held by the Chartered Institute of Arbitrators on 28 May 2020 entitled “Question Time: Disputes in a COVID-19 World” . Stevens & Bolton partner Michael Frisby, a panellist on the webinar, sets...

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Updated Treasury Direction on Coronavirus Job Retention Scheme

On 22 May 2020, the Chancellor of the Exchequer issued an updated Treasury Direction in relation to the Coronavirus Job Retention Scheme (CJRS). The updated Treasury Direction sets out how HMRC should administer the CJRS and is largely in line with...

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Life sciences A to Z - H is for Human Medicines Regulations

The Human Medicines Regulations 2012 (the “Regulations”) is the main legislation in the UK covering the manufacture, importation, distribution, advertising, labelling, sale and supply of medical products for human use and pharmacovigilance...

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Blurred liens - recent case brings them into focus

The recent High Court case, Sheianov and another v Sarner International Ltd [2020] EWHC 1214 (QB) raised queries over a party exercising a common law lien and highlights the need to be aware of how a lien can potentially act as security in certain...

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Breach of confidence - bringing a competitor to book

What can you do if a competitor obtains your confidential information through a third party and uses it in their business? A recent English High Court case [1] reviewed your rights against a competitor in this situation: When is your competitor liable? ...

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Time to update your company's constitution?

A recent case has highlighted the importance of having modern, up to date articles of association. It may seem an unnecessary expense to ask professional advisers to review your articles. However, it can save cost and inconvenience in the long run,...

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Can an employer take the decision to start disciplinary action part-way through an investigation?

In the case of Sattar v CitiBank , the Court of Appeal held that a decision to take disciplinary action part-way through an investigation did not render the dismissal unfair, as long as the employee had a full and fair opportunity to engage with any new...

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