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Articles

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LIBOR: going, going, gone...

In September 2020 we summarised some key LIBOR transition developments in our article entitled “ Update on LIBOR transition ”.    LIBOR transition continues apace in 2021, with the Financial Conduct Authority (FCA) confirming...

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Home Office publishes new guidance on right to work checks for European nationals

Free movement under EU law ended on 31 December 2020 and there are now different immigration rules applicable to EU, EEA and Swiss nationals (European nationals) depending on whether the European national first arrived in the UK before or after 31 December...

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What employers need to know about Step 1B: working from home and clinically extremely vulnerable employees

Step 1B of the government’s roadmap to the easing of national restrictions came into effect on 29 March 2021. There is no longer a legal requirement to work from home, although employers should consider carefully before permitting staff to return...

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Stay in the UK: impact for employers in relation to business travel

On Monday 29 March 2021, the "stay at home" restrictions ended and are replaced by "stay in the UK" restrictions. Under new regulations , it will remain unlawful to leave the UK unless you fall within one of the specified...

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Succession planning: prepare for the death of a sole director and shareholder

Succession arrangements are vital to protecting a business on the death of a shareholder or director. While surviving directors can take over the running of a company, the position is complicated for companies with only a sole director and, even more so,...

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Employer guide: how to implement COVID-19 workplace testing

The government is encouraging employers across all sectors to introduce workplace testing if they have staff who cannot work from home. There is no legal requirement for employers to implement testing, but there are many benefits for employers of doing...

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CIGA 2020: further extension to temporary COVID-related measures

As the UK slowly emerges from the second wave of the COVID-19 pandemic, the government has announced the further extension of the duration of certain temporary measures initially introduced pursuant to the Corporate Insolvency and Governance Act 2020...

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Life Sciences A to Z - R is for research and development

Research and Development (R&D) refers to a specific project aimed at developing new products or processes that make an advance in science or technology. Commonly, carrying out a full R&D project is beyond the capabilities of a single entity, either...

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Transfers of personal data to the UK - EU Commission issues positive draft decision on UK adequacy

You may recall that the basic position under Articles 44 onwards of the GDPR is that personal data may not be transferred or processed outside the EU to third countries unless a derogation or adequacy or appropriate safe guards apply. Following the...

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Website framing of copyright works - can this be restricted?

On 9 March 2021, the European Court of Justice (CJEU) ruled on the latest case concerning the boundaries of the "communication to the public" right in the online environment. 1  The decision clarifies that: Embedding copyright works on...

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High Court blocks cyberlocker and stream-ripping websites

In the recent and related cases of Capitol Records and others v British Telecommunications plc and others , and Young Turks Recordings Ltd and others v British Telecommunications plc and others , the High Court ordered the six main internet service...

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High street occupants - are you ready for the fallout?

Summer may be around the corner, but chill economic winds are forecast to blow through many a UK high street for a good while yet. According to a recent report published by PwC and the Local Data Company, store closures hit a record of 48 per day during...

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UK research and development tax reliefs under review

At Budget 2021 the government announced a review of research and development (R&D) tax reliefs, supported by a consultation seeking views from stakeholders. The government hopes that, by reducing the costs of innovation, R&D tax reliefs will play a...

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Apple v Lancaster and the need for vigilance

Apple’s recent law suit against its former employee, Simon Lancaster [1] , is an illustration of how vulnerable highly innovative companies are to employee trade secret theft.   Secrets provided to a journalist Apple alleges that Lancaster used...

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Witness evidence - a lesson in what not to do

Findings made against the claimant’s witnesses in the recent High Court decision of PJSC Tatneft v Gennady Bogolyubov and others [2021] EWHC 411 (Comm) underline the importance of taking the correct approach to oral and written witness evidence. ...

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Updated Home Office guidance published as to what evidence of recruitment must be kept when sponsoring Skilled Workers

Certain rules around sponsoring individuals were relaxed when the new immigration system came into force on 1 December 2020. Previously, in many cases the employer had to advertise the vacancy in a very specific way to the resident population and employers...

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Continued recognition of EU/EEA batch testing confirmed by UK regulator

The industry has this week welcomed new guidance published by the Medicines and Healthcare products Regulatory Agency (MHRA), which confirms that recognition by the UK of EU/EEA batch testing of imported medicines will not be ending on 1 January 2023 as...

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Home Office publishes changes to the Immigration Rules

On 4 March 2021, the Home Office published a Statement of Changes to the Immigration Rules detailing changes that will take effect on 6 April 2021 (unless otherwise specified). The changes mostly relate to work and study routes and include the introduction...

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The draft Pre-Pack Regulations: who evaluates the evaluator?

On 24 February 2021, the government published new draft Administration (Restrictions on Disposal etc. to Connected Persons) Regulations 2021 (the Regulations), following the consultation process conducted in late 2020. The Regulations are still to...

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International supply contracts: supplying Peter and snubbing Paul?

The recent and very public skirmish between the European Commission and AstraZeneca over the Covid-19 vaccine demonstrates the difficulties suppliers face when demand for their product exceeds supply. This is often a problem for life sciences companies,...

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The Courtroom Cat: a cautionary tale...

The sight of a Texan lawyer having to deny he was a cat during a live court hearing last month was the source of much hilarity (and no doubt many a meme) across the world. For those in the legal sector however, that cat’s curiosity should act as a...

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New UK immigration system - plans for further reforms announced in the budget to attract highly skilled individuals to the UK and to assist businesses

The Chancellor announced in his budget on 3 March 2021 further details of proposed changes to the UK immigration system. The reforms aim to attract and keep highly skilled individuals and entrepreneurs in the UK. The government also hopes that the reforms...

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Software created by employees - who owns the copyright?

There is a widely held belief that an employee who creates software outside normal working hours is entitled to the copyright in that software. While this may be true in some cases, the correct position is that, subject to contrary agreement, the copyright...

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Employer's roadmap out of lockdown 3

An essential guide for employers in England to prepare for each stage of the easing of restrictions.

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Supreme Court hands down landmark ruling on Jurisdiction and Parent Company Liability

In its recent judgment in the case of Okpabi v Royal Dutch Shell plc, the Supreme Court has considered again the extent to which a UK-domiciled parent company may be responsible for the actions of one of its overseas subsidiaries. Traditionally English law...

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The new normal: changes to the IBA Rules on the taking of evidence in international arbitrations suggest remote hearings are here to stay

Frequently parties involved in international arbitration come from jurisdictions with varying approaches to the production and presentation of evidence. Questions of how to deal with such evidence (in its various forms) would be left to the discretion of the...

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Key announcements from Spring Budget that affect entrepreneurs

With all the speculation around changes to personal tax in the run up to the Spring Budget, in the end, very little was said. No rate-change in capital gains tax, nor an introduction of a wealth tax or inheritance tax reforms. Instead, we saw a...

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Immigration update: COVID-19 rules and concessions

Since the start of the pandemic, COVID-19 has had a significant impact on the UK’s immigration system and particularly on those seeking to move to the UK. We have set out below some of the key updates that both businesses and individuals should be...

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Choose wisely: Jurisdiction, Admissibility and Waiver in Arbitral Proceedings

The recent High Court decision in The Republic of Sierra Leone v SL Mining Limited [2021] WLR(D) 102 ] serves as a useful reminder of the importance of choosing the correct procedure to deal with pre-arbitration issues and ensuring that a right under a...

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EDPB publishes response to European Commission on processing personal data for health-related research

Beverley Flynn, head of data protection comments on The European Data Protection Board (EDPB) recently issued response to the questions raised by the European Commission (EC) clarifying the application of the GDPR in respect of processing personal data...

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