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Articles

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The Cornerstone cases: the Court's jurisdiction on Code rights

The Electronic Communications Code (“ the Code” ) came into force on 28 th December 2017 and it is incorporated into the Digital Economy Act 2017. At the time of its introduction, many landowners were concerned by the potential wide scope of...

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Tier 2 - the expansion of the shortage occupation list

There have been a number of recent amendments to the Immigration Rules. In particular, the Tier 2 shortage occupation list has been significantly expanded so that many more roles are now on this list. This has a number of advantages.  In particular,...

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Round-up of Junior Property Professionals Seminar: Development in Focus

Last Thursday marked the hosting of another successful Junior Property Professionals Seminar at Stevens & Bolton. These events are aimed at bringing together junior professionals based in Guildford and the surrounding area to discuss any number of topics...

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Stevens & Bolton LLP Sponsor of the Chartered Institute of Arbitrators and University of Law Student ADR Essay Competition 2019

Stevens & Bolton LLP is delighted to announce its sponsorship of the inaugural Student ADR Essay Competition organised by the Chartered Institute of Arbitrators South East Branch and The University of Law. The winners of the competition are due to be...

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Procuring infrastructure for the life sciences sector - part 2

Part 2 – managing the pre-construction phase At its simplest the standard procurement method is for the employer to put out an invitation to bid, various interested parties put forward their proposals, and the employer then enters into contract with...

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Employers' liability for third-party harassment is limited

In the recent case of Bessong v Pennine Care NHS Foundation Trust , the Employment Appeal Tribunal has held that employers cannot be liable for third-party harassment, except where the employer’s action or inaction is directly linked to a protected...

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Court of Appeal stands up for minor contributors

In a case relating to copyright in the screenplay for the 2016 blockbuster comedy film Florence Foster Jenkins, the Court of Appeal has considered what kind of contribution is enough to qualify for joint authorship and consequently a share of the...

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CJEU extends copyright protection for designs

A decision handed down by the European Court of Justice (CJEU) in September [i] indicated that EU Member States must now make full copyright protection available for all works that comply with certain basic requirements for copyright. This means that full...

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Protecting innovation in a changing landscape

Charlotte Tillett attended the Life Sciences Patent Network Europe 2019 in London on 21 November for some very interesting debates on the cutting edge legal issues impacting patents in the life sciences arena. Charlotte enjoyed hosting two roundtable...

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The High Court confirms receivers can seek possession against resident borrowers

Summary In Menon v Pask [2019] EWHC 2611 (Ch), the first High Court case of its kind, the Court has confirmed that (contrary to prior belief) receivers do have the right to bring possession proceedings in their own name in respect of a property owned...

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Life Sciences Legal A to Z - B is for Brexit

As it currently stands (pending the outcome of the general election): (1) the UK may leave the EU with an agreement on 31 January, (2) the UK may leave without an agreement after the end of any transitional period, currently the end of 2020, or (3) a new...

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New Global Talent visa proposed

New Global Talent visa proposed Earlier this year the Prime Minister announced the intention to introduce a new Global Talent visa designed to attract international talent in STEM subjects (science, technology, engineering and mathematics).  If the...

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Real estate development and construction workshop - November 2019

From acquisition and assembly to exit strategy – the risks and how to get it right “If you’re going through hell, keep going” Winston Churchill Imagine a property development project where nothing is straight forward and problems...

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Religious belief regarding transgenderism not protected under the Equality Act

In Mackereth v The Department for Work and Pensions and another , an Employment Tribunal held that a Christian doctor was not discriminated against on the grounds of religion or belief for refusing to address transgender patients by their chosen pronoun. ...

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Sky's the limit - Advocate General 'disrupts' trade mark strategies

In a recent opinion arising out of a dispute between broadcaster Sky and start-up cloud migration services provider SkyKick [i] , the Advocate General (AG) has taken a hard, critical look at strategies commonly used by brand owners to secure maximum...

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Small Manchester clothing firm prevails against Bentley Motors

Manchester-based ‘Bentley’ clothing’s recent trade mark victory over the world famous Bentley Motors has attracted much press attention as a David and Goliath story.  We consider the implications for brand owners.   The dispute ...

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High Court 'tunes in' to debate on linking and communication to the public

In November 2019, the High Court handed down judgment in the latest in a series of cases concerning communication to the public over the internet. In what has been labelled as a “test case” on copyright infringement in sound recordings, the Court...

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More details published on proposed new 2 year post study immigration route for graduates

The Government has announced more details on when the new proposed Graduate Immigration Route will come into effect and which international students will be eligible to apply.  Successful applicants will be able to remain in the UK for up to 2 years...

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Whistleblowing protection for non-workers?

Whistleblowing protection under the Employment Rights Act 1996 (“ERA”) is limited to employees and an extended category of workers. However, in the case of Gilham v Ministry of Justice , the Supreme Court has held that judges (who are not...

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Employing recent graduates in the UK

Employers often approach us for advice on retaining/hiring foreign nationals who are currently studying in the UK or who have recently graduated.  The good news is that there are currently a number of immigration options available. Tier 2 sponsored...

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Out-of-hours appointment of administrators - e-file with caution!

Two High Court judgments have recently been published concerning the e-filing of Notices of Appointment of Administrators (“ NOA ”) outside court hours. Given the relative novelty of e-filing, and some inconsistencies these recent cases highlight...

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Live facial recognition technology - ICO report and opinion

The ICO has issued a Report and Opinion on the use of Live Facial Recognition (LFR) technology by law enforcement in public places. See here for the Metropolitan Police’s description of what LFR includes. The ICO Report draws conclusions from the...

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Shanks v Unilever - Employee inventor awarded £2m after 13 year-long legal battle

A former employee of Unilever has been awarded £2m in compensation for an invention he created during the course of his employment almost 40 years ago. The case [1] was an appeal, heard in the Supreme Court which raised important issues concerning the...

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Executing deeds: the rules on witnessing

The report of the Law Commission in September 2019 addressed the question of electronic signatures, confirming that electronic signatures can be used to execute documents, including deeds.  See our briefing on the report.  The Law Commission also...

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Life Sciences Legal A to Z - B is for Brand Protection

When considering which intellectual property rights are important to businesses in the life sciences industry, it is likely that patents and confidential information will be top of the list.  Clearly, these can be vital as a basis for a life sciences...

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Irrevocable appointment of agent for service within a jurisdiction: a standard clause that may make a big difference

In an ideal world, where parties agree that the English courts will have jurisdiction to hear any disputes arising out of a contract, that agreement should also contain a clause providing for service of proceedings on a designated agent in England where any...

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Amending disciplinary investigation reports

In the recent case of Dronsfield v The University of Reading , the Employment Appeal Tribunal has confirmed that a dismissal was not unfair despite the fact that alterations were made to an investigation report following advice from an in-house lawyer. ...

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Massaging junior employee's shoulders was not sexual harassment

The Employment Appeal Tribunal has held that a female manager massaging a junior male employee’s shoulders did not constitute sexual harassment under the Equality Act 2010 as although it was unwanted and created an intimidating environment, it was not...

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New rules on section 1 statements from 6 April 2020

Section 1 of the Employment Rights Act 1996 sets out the minimum information that an employer must give an employee in relation to their working terms and conditions. Section 1 statements are generally given in the form of a contract of employment....

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Facebook fined a record-breaking $5 billion for data protection infringements

The Federal Trade Commission (FTC) has fined Facebook, Inc. (Facebook) a record-breaking $5 billion for infringements of the FTC’s order of 2012 and for deceptive practices under the Federal Trade Commission Act 1914 (FTC Act). The FTC’s new...

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