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Articles

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Website accessibility in the spotlight

Website accessibility in the spotlight On 7 October, the US Supreme Court denied an appeal by Domino’s Pizza and ruled in favour of a blind claimant who had sued the chain when he was unable to order pizza off its website and mobile app in the US....

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The Debenhams CVA and the high street

It can feel like barely a month goes by without a high street retailer proposing a CVA. The recent judgment on the challenge brought by landlords in respect of the Debenhams CVA highlights some major issues for landlords of retail premises, as well as...

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Assessing delays under the NEC4 contract amends

The risk of delay is ever-present during the course of a building project. Whether due to cash flow difficulties, slow decision making, a lack of labour or severe weather – there are plenty of circumstances in which a contractor may fail to complete...

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Assigning debts and other contractual claims - not as easy as first thought

Harking back to law school, we had a thirst for new black letter law. Section 136 of the Law of the Property Act 1925 kindly obliged. This lays down the conditions which need to be satisfied for an effective legal assignment of a chose in action (such as a...

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Thomas Cook in liquidation

On 23 September 2019 Thomas Cook Group Plc (together with various of its associated UK entities) entered into compulsory liquidation and its UK business ceased trading with immediate effect. Partners from KPMG and from AlixPartners have since been appointed...

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Functional and Markush patent claims - how far can SPC protection go?

Supplementary Protection Certificates (SPCs) – which extend the patent life of a medicine for up to five years - are a valuable prize in the lucrative pharmaceutical market. It is not surprising, therefore, that the conditions for grant of an SPC under...

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Partial disclosure of privileged documents was impermissible cherry picking

In Kasongo v Humanscale UK Ltd , the Employment Appeal Tribunal held that once a party has waived privilege over legal advice, it cannot cherry-pick which parts of the advice it wishes to disclose. Communications between a party and their legal advisers...

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Constructive Knowledge: When should an employer know that an employee is disabled?

Background Often cases of disability discrimination are won or lost on the question of whether the employer knew, or ought reasonably to have known, that the individual alleging disability discrimination was disabled for the purposes of the Equality Act...

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Holiday pay cannot be pro-rated for part-year workers

In the case of Harpur Trust v Lesley Brazel v Unison the Court of Appeal overturned an Employment Tribunal’s decision that holiday entitlement should be pro-rated for ‘part-year’ workers. This case is significant because it is likely to...

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Guarantees and On Demand Instruments: Issues to Consider

We recently published an article entitled “ Crossing the Rubicon – can you guarantee that you understand the terms of your guaranteed obligations ? ”, providing an insight into the recent Rubicon case. This follow-on piece explores...

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Out-of-hours GP providing services through a personal services company was a worker

In the recent case of Community Based Care Health Ltd v Narayan, the Employment Appeal Tribunal found that an out-of-hours GP who was providing her services via her personal services company was nevertheless a worker. Facts Community Based Care Health...

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S&T v Grove Development not going to the Supreme Court

In previous articles and at our annual case law review in April of this year, we discussed the importance of the Court of Appeal decision in S & T (UK) Limited v Grove Developments Limited [2018] and its impact on adjudications concerning the failure...

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Whistleblowing and data protection disclosures

In Okwu v Rise Community Action , the Employment Appeal Tribunal (EAT) has considered whether an employee’s disclosure of alleged breaches of data protection legislation was a qualifying disclosure for the purposes of whistleblowing protection. ...

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Finance Bill 2020 - preferential status for certain tax debts

New priority for HMRC The draft Finance Bill contains proposals which would enhance HMRC’s position in respect of certain debts (including VAT, PAYE, Employee National Insurance Contributions, and Construction Industry Scheme deductions), the “...

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Brexit and intellectual property - checklist for a no-deal Brexit

Updated from the original article previously written on 9 January, 2019 As the uncertainty about whether the UK will depart the EU with a deal or without a deal continues, we set out below a checklist of the practical issues which are likely to arise in...

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Norwich Pharmacal - 'speculative invoicing' and the rights of customers unknown

“Speculative invoicing” is a term used to describe the practice of obtaining details of alleged file sharers, usually by means of a Norwich Pharmacal order served on the Internet Service Provider (ISP), and then writing letters threatening...

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CJEU clarifies the position on online trade mark jurisdiction

After much anticipation, the Court of Justice of the European Union (CJEU) has clarified the position on cross-border jurisdiction for online trade mark infringements.  In a decision which will be welcomed by trade mark owners, the Court has confirmed...

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CJEU pushes ahead on harmonisation of copyright

Three copyright decisions issued by the Court of Justice (CJEU) at the end of July this year explore the relationship between copyright and fundamental rights. They emphasise that Member States may not expand on or limit the permitted exceptions included in...

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Aldi left red-faced after successful look-alike claim by Charlotte Tilbury

Luxury make-up brand Charlotte Tilbury, reported to be one of the Duchess of Sussex’s favourites, has obtained summary judgment against Aldi for copying its powder designs. The case [i] , heard by Deputy Master Linwood in the High Court, illustrates...

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AG shelves the possibility of second-hand eBooks

Advocate General Szpunar has advised that the supply of eBooks by download online is to be regarded as a ‘communication to the public’ rather than a distribution. This means that, for copyright purposes at least, it is to be regarded as a service...

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Latest changes to sponsor guidance for Tier 2 and 5 sponsors and to record keeping requirements

The Home Office has published its most recent updates to sponsor guidance and Appendix D, which sets out the record keeping obligations which sponsors must abide by.  We have set out the details of the key changes.   Level 1 Users and...

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EU Settlement Scheme - update

Given all the uncertainty surrounding Brexit, the Home Office recently clarified that there will be no change to the EU Settlement Scheme in relation to those EEA and Swiss nationals already resident in the UK by the date of Brexit, whether the UK leaves the...

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Law Commission gives green light to electronic signatures

Earlier this month, the Law Commission published a report confirming that electronic signatures may be used to execute legal documents. Stevens & Bolton has been encouraging the use of electronic signatures for some time now, including the use of...

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Europe's new SPC manufacturing waiver: how is the patient served?

In 1992 the position of European pharmaceutical patent owners was much strengthened by the introduction of patent extensions known as Supplementary Protection Certificates (SPCs), part of a policy aimed at making the European Union one of the best places for...

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Two year post study work visa to be re-introduced

The Government has announced that the two year post study visa is to return. This has been welcomed by universities as this would allow overseas students to remain in the UK and work for up to two years after finishing their degrees. The Tier 1 (Post-Study...

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Treatment of an employee during and following maternity leave found to be discriminatory

In the case of Commerzbank AG v Rajput , the Employment Appeal Tribunal found that Commerzbank’s strong discouragement of Ms Rajput attending meetings whilst on maternity leave and the diminution of her role on her return to work to be acts of...

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What employment tribunal documents can a non-party see?

In an article recently published on our website here , our Commercial Litigation team examined the question of what court documents a non-party can access – the answer to which, according to the Supreme Court in the recent case of Cape Intermediate...

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Employing students - key points for employers

Employers should be aware that there are a number of restrictions in relation to employing non-EEA nationals who are studying in the UK with leave under Tier 4 (General). In some cases, Tier 4 students may not be permitted to undertake the role and...

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Government announces changes to the Tier 2 shortage occupation list

Earlier this year the Migration Advisory Committee (‘MAC’) recommended that a significant number of jobs should be added to the Tier 2 (General) shortage occupation list. This list sets out those jobs and occupations where it is recognised there...

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There's no such thing as a free lunch - how about a nice cup of JCT instead?

“I was always brought up to have a cup of tea at halfway up a rock face”.  - Bear Grylls Construction projects are complicated things. Whatever you are building is probably unique, probably nobody has ever built anything exactly the same...

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