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Articles

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Pre-nups: a solid foundation for a marriage?

An interesting piece of research commissioned by the Marriage Foundation has confirmed that pre-nups are on the rise. For couples entering their first marriage, about one in five will now have signed one. The prevalence of pre-nups varies...

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Virtually held to ransom: worrying reports of data breaches and cyber fraud

Governments and businesses are being forced to treat ransomware as an urgent threat. DarkSide, the cyber-criminal gang responsible for the recent Colonial Pipeline hack, is said to have made $90m from ransom payments since August 2020. Despite publishing a...

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Draft EU AI regulation and the impact on UK businesses

The European Commission has published its proposal for harmonised rules on artificial intelligence (AI) regulation. As currently drafted, it imposes considerable obligations on AI providers and users. This is separate from the recent European Think Tank ...

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One month left to respond to the government's Reforming Competition and Consumer Policy consultation

The UK government has published a consultation on extensive reforms to UK competition and consumer policy ( available here ), which includes proposed changes to the UK merger control thresholds – if approved, the jurisdictional tests for UK merger...

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Telecoms reform - government to get power to block vendors from public communications market

The UK government has launched its new legislative programme with the Queen’s Speech. This included the Telecommunications (Security) Bill (the Bill), which will introduce a new legislative framework for the security of telecoms, including empowering...

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Privilege preserved, privilege lost - two recent decisions on privilege

Although as a general concept the principle of legal privilege is relatively straightforward (see two recent videos we have recorded here and here as part of our “Dispute Resolution: A Survivor’s Guide” series), knotty issues can arise...

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Move to compulsory use of the HMCTS online divorce platform

From 4 October 2021, the use of HM Courts and Tribunal Service’s online service will become mandatory. Divorce applicants and/or their representatives currently have the option to lodge a divorce petition by post or online, although the postal option...

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Employers must be proactive in tackling sexual harassment

While sexual harassment in the workplace has been unlawful for decades, the rise of the #MeToo movement has empowered more people to share their experiences of sexual harassment, bringing to the fore that it remains a significant problem in UK...

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Call for action: computer misuse?

We are awaiting feedback from the Home Office call for information launched in early Spring on the Computer Misuse Act 1990 (CMA). The consultation aims to identify potential weaknesses or gaps in the current legislation and is relevant to UK...

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Commercial Court considers interplay between new witness statement rules and admissibility of opinion evidence

The Business and Property Courts recently introduced new rules governing the preparation of witness evidence in Practice Direction 57AC of the Civil Procedure Rules (PD 57AC) which require a revised approach to planning and preparing witness evidence. ...

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Shareholders' agreements and good faith

Minority shareholders may be assisted in demonstrating unfair prejudice by the presence of a requirement for all parties to act in good faith in their shareholders’ agreement The recent case of Faulkner & Ors v Collin Holdings Ltd & Ors [2021...

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Life sciences - the price you pay for an injunction

The interim injunction is of fundamental importance in defending the life sciences patent holder’s market position when faced by a challenge from a potential generic entrant. But it comes at a high price in the form of the cross-undertaking in damages...

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Recovery Loan Scheme: Bridging the gap?

April 2020 saw the government’s launch of the recovery loan scheme (RLS), hailed as an additional avenue of support for businesses affected by the pandemic. The coronavirus business interruption loan scheme (CBILS) and bounce back loan scheme (BBLS)...

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Transfers of personal data to the UK for the GDPR European Commission adequacy announcement

Recently, the European Commission formally adopted two adequacy decisions for the United Kingdom under the EU General Data Protection Regulation (EU 2016/679) and the Law Enforcement Directive.   The decisions will allow for the free flowing of data...

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Can party names constitute "information provided in confidence" for the purposes of The Freedom of Information Act 2000?

In a recent hearing, the Upper Tribunal held that the names of the parties to a settlement agreement with a local authority had been obtained from them and did not constitute mutually agreed contractual terms, so the local authority was exempted from...

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Is it fair to make an employee redundant when furlough is an option?

Two recent employment tribunal cases have considered the fairness of redundancy dismissals when there was the option to furlough the employee under the Coronavirus Job Retention Scheme (CJRS). The extent to which the employer considered the alternative of...

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EDPB Guidance on Controller and Processor and Joint Controller

On 7 July 2021, the European Data Protection Board (EDPB) published the final draft of its guidelines concerning the “concepts of controller and processor” in the EU General Data Protection Regulation.   The document provides a more...

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Got a spare EUR500,000? No? Then make sure you have a representative under GDPR

A significant fine recently imposed on a non-EU company by the Dutch Data Protection Authority (DPA) for lack of representative under the EU GDPR suggests the stepping-up of enforcement against non-EU companies. A representative is separate to a...

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The impact on Life Sciences of the new National Security and Investment Act 2021

Under the new National Security and Investment Act 2021 (the NSI Act), which will come into force on 4 January 2022, a new standalone statutory regime will enable the UK government to intervene in acquisitions and investments to protect national security. ...

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Dwyer v Fredbar & Another - a salutary reminder on post termination non-compete clauses and the Braganza Duty

The enforceability of post termination non-compete clauses in franchise agreements has long been the subject of judicial scrutiny and remains a source of some uncertainty for franchisors and franchisees alike. Finding the balance between protecting a...

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Provident SPV Limited scheme of arrangement: Sitting on the fence not an option for the FCA

On 4 August the High Court of Justice sanctioned a scheme of arrangement under Part 26 of the Companies Act 2006 proposed by Provident SPV Ltd, a special purpose vehicle set-up for the purpose of assessing and paying compensation claims brought against ...

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Life Sciences A to Z - U is for Unified Patent Court

As a tool for protecting innovation, patents are an important asset for research-based life sciences companies, and high-stakes, high-cost litigation in multiple jurisdictions is common where “blockbuster” drugs are concerned. The proposed EU...

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How the construction industry can survive the "pingdemic"

Further to our recent article providing guidance for businesses in all sectors on the government’s self-isolation rules (available here ), the Construction Leadership Council (CLC) has published updated construction specific guidance on the rules for...

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UK SCCs - the future

The Information Commissioner’s Office (ICO) is working to create new UK Standard Contractual Clauses (SCCs) for international data transfers, which should be released for consultation this summer. What are SCCs? SCCs are standard sets of...

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Westminster City Council v Sports And Leisure Management Ltd - Risk allocation and COVID-19

“ The inevitable is no less a shock just because it is inevitable .” – Jamaica Kincaid When it comes to contract negotiation, the allocation of risk is (usually) at the forefront of the parties’ minds. Obviously in the construction...

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Court orders re-trial for inexcusable delay in delivering judgment

The Court of Appeal in Natwest Markets Plc and another v Bilta (UK) Ltd and others [2021] EWCA Civ 680 made an unusual decision to order a re-trial. This is a rare example of a situation where an appellate court has expressed serious concerns as to...

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Which of my workers need to self-isolate? An employers' guide to surviving the "pingdemic"

There are currently hundreds of thousands of workers self-isolating in England, which is putting a strain on many businesses. There is also a lot of misinformation circulating about which individuals are now required to self-isolate. Recent...

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Fraud and dissolution: Insolvency Service to gain new powers to pursue rogue directors

Rogue directors will find themselves in the firing line if and when The Rating (COVID-19) and Directors Disqualification (Dissolved Companies) Bill, which is currently making its way through parliament, comes into force. The proposed bill will enable the...

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Financial certainty in divorce - but at what cost?

Baroness Deech’s controversial Divorce (Financial Provision) Bill was re-introduced to the House of Lords on 19 July 2021. A date for its second reading has yet to be set. The controversial Bill has been around in various forms for many years and...

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Reducing the risk of COVID-19 spreading in your workplace: a practical guide for employers

The government has published new guidance on working safely as we embark on Stage 4 of the Roadmap and, specifically, how to open workplaces while reducing the risk of spreading COVID-19. The guidance aims to provide employers with advice on sensible...

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