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Overhaul of European Data Protection Law backed by powers to impose substantial fines
The European Commission has published its proposals for the long awaited overhaul of European Data Protection law.
Date: 2012-01-30

Planning for the Olympics: what should HR be doing?
The Olympic Games are six months away. While this will bring commercial opportunities for many businesses it could also create headaches for HR, and not just those teams dealing with staff in London.
Date: 2012-01-27

Recruiting in 2012: Competitive recruitment and post-termination restrictions
In the face of continued economic uncertainty and competitive recruitment, employers should be mindful of post-termination restrictions in prospective employees’ contracts of employment.
Date: 2012-01-26

Winding-up companies: changes from 1 March 2012
Under current Revenue practices it is possible for a company to be dissolved and return its funds to its shareholders as capital, potentially saving shareholders significant amounts of tax.
Date: 2012-01-23

SOPA and PIPA: The long arm of US copyright law
Under proposed legislation from the US, content and copyright holders could restrict viewers' access to any website - whether hosted in the US or not - that they considered included infringing material.
Date: 2012-01-19

The High Pay Commission’s Final Report - Cheques with Balances: Why tackling high pay is in the national interest
The High Pay Commission was an independent inquiry established by Compass with the support of the Joseph Rowntree Charitable Trust to look into high pay and boardroom pay across the public and private sectors.
Date: 2012-01-19

Removal of VAT registration threshold for non-UK business
The Government has published draft legislation to be included in Finance Bill 2012, which would require non-UK businesses making supplies in the UK to register for UK VAT, irrespective of the value of supplies made.
Date: 2012-01-13

How to interpret contracts: Use commercial common sense
When the terms of a commercial contract are ambiguous or unclear, the courts will often be given the tricky task of ascertaining how the contract should be correctly interpreted.
Date: 2012-01-13

When is a dismissal automatically unfair under TUPE?
The Court of Appeal has clarified the case law relating to when a dismissal is automatically unfair under TUPE.
Date: 2012-01-09

Radical overhaul of workplace dispute framework in 2012
At the beginning of 2011, the Government launched a consultation, Resolving Workplace Disputes which set out detailed proposals on how workplace dispute resolution could be changed so that employment tribunals become the very last resort for parties.
Date: 2012-01-04

All I want for Christmas is Summary Judgment
The decision to litigate is not one that is generally taken lightly. The financial commitment, risks and management time involved in running a claim is often a sobering combination.
Date: 2012-01-03

Seed Enterprise Investment Scheme
The Finance Bill 2012 introduced a junior version of the Enterprise Investment Scheme, known as the Seed Enterprise Investment Scheme (SEIS).
Date: 2011-12-13

Public procurement: Revised thresholds
On 2 December 2011, the European Commission announced (Regulation 1251/2011) that it would be raising the advertising thresholds under the public procurement rules, with effect from 1 January 2012.
Date: 2011-12-12

The Doctrine of Frustration
We live in a time of economic and political instability, ratcheting fuel costs, commodity price volatility and industrial action. In addition, “exceptional” weather events seem to be becoming the norm.
Date: 2011-12-06

One man’s best endeavour is another man’s idleness?
Every commercial contract imposes obligations on the parties involved, which are often agreed by detailed negotiations.
Date: 2011-12-05

Pension auto-enrolment delayed for small businesses
In a statement to the House of Commons in advance of today’s Autumn Statement, Pensions Minister Steve Webb has confirmed that the requirement to auto-enrol employees into a pension scheme is to be delayed for small businesses.
Date: 2011-11-29

Autumn Statement 2011: Tax summary
The Chancellor delivered the Autumn Statement 2011 today (29 November).
Date: 2011-11-29

Law Commissions react to EU Common European Sales Law proposal
On 10 November 2011, the Law Commissions of England & Wales and Scotland published their joint response to the European Commission proposal for an optional Common European Sales Law.
Date: 2011-11-22

Consumer Rights Directive: Enhanced consumer protection on its way
The Consumer Rights Directive, which aims to harmonise consumer protection legislation across the EU, has been adopted by the Council of the European Union, and is expected to be implemented in the UK in 2013.
Date: 2011-11-22

Company sales: Failure to disclose - the costs of keeping silent
A recent case has shown that failing to disclose crucial information in the lead up to a company sale, leaving the buyer to rely on inaccurate sales forecasts in making its decision to purchase the company, can constitute fraudulent misrepresentation.
Date: 2011-11-14

BlackBerry fool or smartphone? How businesses can get it right
The recent outage of the BlackBerry service caused significant problems for many businesses relying on the smartphone, and it's not hard to see why.
Date: 2011-11-14

Social Media Update 2: Draft Defamation Bill and the Joint Committee
Super injunctions and online libel revisited
Date: 2011-11-10

Using the Companies Act to overcome boardroom deadlock
The recent decision in Smith v Butler & another (2011) is a reminder of some solutions the Companies Act 2006 offers for resolving boardroom disputes.
Date: 2011-11-07

Presenteeism: A clear and present danger?
A recent survey has found that just over half of British workers used up their full holiday entitlement last year. These figures illustrate the growing trend of ‘presenteeism” in the UK’s workforces; should employers be worried?
Date: 2011-11-03

Compulsory no fault dismissal: Could it catch on?
It was recently reported that the Prime Minister had commissioned Adrian Beecroft to report on what changes to employment law could be made to encourage growth and employment.
Date: 2011-11-03

Jury service: What's an employer's duty?
Jury deliberations in recent high profile criminal trials have made headlines, but what do employers faced with an employee summoned for jury service need to know?
Date: 2011-10-28

Unilateral notice: Ignore it at your peril
If you receive notification from the Land Registry (LR) that someone has registered a unilateral notice against your property, don't ignore it!
Date: 2011-10-26

Force majeure clauses: Traps for the unwary
Force majeure is a clause commonly found in commercial agreements, which states that one or both parties will not be liable for any delay in performance or non-performance of its obligations upon the occurrence of certain extraordinary events.
Date: 2011-10-25

EU Commission issues Staff Working Paper on public to public co-operation
As belts tighten and the pressure to cut expenditure mounts, more and more public bodies are looking to co-operate with each other to deliver savings.
Date: 2011-10-18

Derivative Actions - Falling at the second hurdle
When the derivative action provisions came into force, there was widespread concern that the provisions would be used by activist, ‘trouble-maker’, shareholders to hold companies to ransom.
Date: 2011-10-07

Taxing riots
Whilst the Government announced emergency measures to help businesses back on their feet following the recent riots, the longer term implications also need to be considered.
Date: 2011-10-04

Pub Landlady 1 v 0 BSkyB: Why TV football broadcasting is about to change
A six-year battle between a pub landlady and BSkyB could finally be over after the European Court of Justice (ECJ) ruled today on her use of a Greek decoder to screen Premier League football matches in her pub.
Date: 2011-10-04

Relaxing the Employer Debt Regulations - delayed but not forgotten
The Department for Work and Pensions announced on Tuesday that it will push back the date for its proposed amendments to the Occupational Pension Schemes (Employer Debt) Regulations 2005 (the ‘Employer Debt Regulations’) originally set for 1 October 2011.
Date: 2011-09-30

The Communications Bill: driving the economic recovery
Following hot on the heels of the Digital Economy Act 2010 is the proposal for a new Communications Bill.
Date: 2011-09-26

Rectification: re-writing history
Parties entering into contractual agreements are prevented from seeking the court's assistance to avoid or exit agreements which amount to a bad bargain.
Date: 2011-09-01

Copyright infringement: How far should an ISP go?
The recent Newzbin2 case - Twentieth Century Fox Film Corp & Others v British Telecommunications Plc - has posed a new digital-era dilemma for internet service providers (ISPs).
Date: 2011-08-24

Most negotiated contract terms 2011 - risk allocation versus relationship building commercials
The International Association for Contract and Commercial Management (IACCM) has published its 10th annual study results, which explores the most negotiated terms and conditions in contracts, compiling results from more than 1,000 organisations worldwide.
Date: 2011-08-17

OFT fines dairy cartel almost £50m
The OFT's long-running investigation into the retail pricing of dairy products has finally come to an end with the OFT issuing fines totalling £49.51 million to four supermarkets and five dairy processors.
Date: 2011-08-12

Social media : Marketing tool or legal nightmare?
There are numerous internet-based interactive platforms that may be referred to as social media outlets, for example Facebook, Linkedin or Twitter.
Date: 2011-07-21

Renewable energy: What's the catch?
You can hardly fail to have noticed the increasing interest in renewable energy, which is being driven largely by the Government's green agenda.
Date: 2011-07-11

Corporate hospitality and the Bribery Act
The Bribery Act 2010 came into effect on 1 July 2011. It is amongst the toughest anti-bribery and corruption legislation in the world.
Date: 2011-07-01

‘Stating the obvious’: execution of documents
When executing documents, forgetting formalities can lead to expensive days in court.
Date: 2011-06-29

Policing the internet: New law on the horizon?
Should the internet be free and open, with all internet traffic treated equally and no restrictions on transmitting content regardless of its type or size (so called 'net neutrality')?
Date: 2011-06-29

Bribery Act compliance: Only two weeks to go - how far have you got?
With the Bribery Act coming into force on 1 July 2011, many businesses are struggling to have all their procedures in place to ensure compliance. The message is, 'Don't panic'.
Date: 2011-06-17

Residential property: Recent developments in Stamp Duty Land Tax
The May Stamp Taxes Bulletin contains some useful guidance on HMRC's view on the application of the new 5% stamp duty land tax (SDLT) rate, where the chargeable consideration for the acquisition of residential property is more than £1million.
Date: 2011-06-14

Let's settle this once and for all - Part 36 V Calderbank offers
It is easy to feel on the edge of an abyss when a claim form listing your company as a 'defendant' arrives on your doorstep or if you believe an existing dispute has to go through the courts in order to reach a conclusion.
Date: 2011-06-13

Super-injunctions and online libel: Dangers for website users and hosts
The identities of a number of celebrities said to have taken out 'super-injunctions' to prevent the media reporting their private lives have been revealed on Twitter and shared with thousands of users.
Date: 2011-05-24

ICO guidance on 'cookie' use rule change
On 26 May 2011, the rules concerning how we use ‘cookies’ will change and the Information Commissioner’s Office (ICO) has issued guidance to help organisations using them to prepare for the change.
Date: 2011-05-16

Agreeing to resolution
The courts' enthusiastic support for Alternative Dispute Resolution (ADR) encourages parties to resolve disputes without using the formal court process.
Date: 2011-05-16

Terminating for breach of contract
Termination for breach of contract and the consequences of doing so depend on how the contract is terminated. Such decisions should never be taken lightly.
Date: 2011-05-05

Playstation network data loss: how can you protect your customers?
Just a week after Sony announced that personal data belonging to 77 million Playstation users had been stolen by hackers, it has announced that a further 25 million gamers have been affected.
Date: 2011-05-05

Confidential Information: Managing the risks
All businesses possess confidential information - trade secrets, customer lists, staff records - which could mean loss of business, reputational damage, or give competitors an advantage if leaked, whether deliberately or accidentally.
Date: 2011-05-03

New sanctions for unauthorised email, text and phone marketing
The Information Commissioner’s Office (ICO) was given additional powers yesterday to help deter organisations making unwanted marketing phone calls or sending unwelcome sales messages to consumers.
Date: 2011-04-21

PAYE change: Update
As previously discussed the treatment for PAYE purposes of termination payments made on or after 6 April 2011 has changed. However, the changes are more nuanced than at first thought.
Date: 2011-04-11

Website Accessibility: Is your website compliant?
The second of a two-part article gives helpful pointers to help assess whether your website is compliant.
Date: 2011-03-28

Budget summary 2011
Chancellor of the Exchequer George Osborne delivered the 2011 Budget yesterday (23 March). The following is a summary of the main tax points of interest.
Date: 2011-03-24

Protecting corporate reputations set to get more difficult
The Government's new draft Defamation Bill is set to make it harder for corporations and wealthy individuals to protect their reputations in court by suing for defamation unless 'substantial harm' has been done.
Date: 2011-03-23

Privilege: Why you should be prudent when getting legal advice
A recent decision by the Court of Appeal has re-affirmed that a party is unlikely to be able to assert that legal advice is privileged from disclosure to an opponent, or to the court, if the legal advice is provided by non-lawyers.
Date: 2011-03-10

How to run an effective board
This is a busy time for anyone involved in corporate governance issues.
Date: 2011-03-10

Terms and Conditions: They may be water tight but are they incorporated?
Whilst businesses are often rightly concerned about whether their terms and conditions offer enough protection, this is probably of secondary importance to the main issue - making sure they are incorporated in contracts to begin with.
Date: 2011-03-03

Tax safe plan: HMRC targets plumbers next
Following the amnesty offered to medical professionals last year, HM Revenue & Customs (HMRC) has now decided to target those who work in the plumbing, heating and gas installation trades.
Date: 2011-03-02

Signed, sealed and delivered? Executing deeds in corporate transactions
Since the rise of both electronic communications and the global economy, face-to-face completion meetings are becoming a thing of the past.
Date: 2011-02-23

More than one way to skin a cat: Alternative Dispute Resolution
The majority of disputes are settled before trial, and an increasing number are settled before proceedings are issued.
Date: 2011-02-23

Website accessibility: A legal requirement and good commercial sense
Website accessibility is a requirement of the Equality Act 2010. The first of a two-part article explains how the Equality Act 2010 applies to websites.
Date: 2011-02-22

Bribery Act Compliance: Should you delay?
New legislation described as the toughest anti-corruption measures in the world and due to come into force in April, has been delayed.
Date: 2011-02-09

Revised service charge code
A revised RICS service charge code for commercial leases is due to come into effect in October 2011.
Date: 2011-02-09

Guarantors and lease assignment: The AGA debate continues
A recent case has considered the judgment in Good Harvest Partnership LLP v Centaur Services Ltd but it does not offer any clarity on the issues it raises about guarantees and lease assignment.
Date: 2011-02-09

Litigators aren't just for Christmas
Those of us involved with litigation are quite familiar with the 'Christmas Eve phenomenon'.
Date: 2011-02-08

Bribery Act delay could cause more problems than it solves
It is being widely reported today that implementation of the Bribery Act 2010 will be delayed, though there has been no official announcement by the Government or the Ministry of Justice.
Date: 2011-02-01

IT tendering: Getting it right
In the second of a two-part look at issues arising out of the tender process we consider what can happen when that process is poorly run.
Date: 2011-01-25

Cloud computing: A risky business?
In a recent article we looked at some of the employment risks for customers associated with cloud computing.
Date: 2011-01-07

IT tendering: Leveraging the benefits
In the first of a two-part look at issues arising out of the tender process, we consider how to use the bargaining power arising from a tender process to the customer's advantage.
Date: 2010-11-29

Bribery Act 2010: Adequate procedures and personal liability
The consultation period set by the Ministry of Justice concerning its guidance for assessing whether adequate procedures are in place to combat bribery and corruption has now closed.
Date: 2010-11-09

Cloud computing: Employment law implications
We continue our review of cloud computing by focusing on some of the key issues for employers to consider.
Date: 2010-11-04

Public procurement and the spending cuts
We are told that the Government's Comprehensive Spending Review will affect everyone in the UK, and that includes public procurement, with the most notable effect being the need for public authorities and utilities to save money.
Date: 2010-11-03

OFT and Competition Commission to merge
The Government has announced that it is 'minded' to merge the Office of Fair Trading (OFT) and the Competition Commission into a single 'competition and markets authority'.
Date: 2010-10-14

Incoterms: Changes come into force 1 January 2011
The Incoterms® rules are a group of internationally recognised commercial terms used in international and domestic contracts for the sale of goods.
Date: 2010-10-12

IT projects: It’s a team game
IT projects have a knack of over-running for significant periods, requiring ‘out-of-scope’ changes half way through, and consequently going over budget.
Date: 2010-09-28

In-house lawyer privilege dealt further blow by European Court of Justice
On 10 May we reported on Advocate General Kokott's opinion on the appeal by Akzo Nobel Chemicals Ltd and Akcros Chemicals Ltd in relation to the status of communications with in-house lawyers, concerning European Commission competition law investigations.
Date: 2010-09-16

Dawn raids as OFT probes alleged truck price fixing
It has been reported that the Office of Fair Trading (OFT) has launched criminal and civil investigations into alleged price fixing by lorry manufacturers in the UK.
Date: 2010-09-16

National Insurance holiday for new businesses
Draft legislation giving new businesses a National Insurance holiday has recently been published.
Date: 2010-09-03

Software: Goods or services?
Software is an elusive product when it comes to determining whether supplying it should be classified legally as goods or as services.
Date: 2010-08-24

In litigation, the biggest risk may not be losing
The decision to bring a claim, or to fight one, can be one of the trickiest problems faced by any business.
Date: 2010-08-10

EDS v BSkyB: Businesses' salutary reminder as dust settles
As the dust settles on one of the longest and most talked about IT cases in recent history, it is time to look to the future and to consider whether or not the EDS v BSkyB case will lead to fundamental changes in business practices.
Date: 2010-07-27

Bribery Act delayed six months
The Government announced today that the Bribery Act will come into force in April 2011 - not October 2010 as previously expected.
Date: 2010-07-20

CPI, SPA, default retirement age: Ones to watch in the coming months
The Government has announced it will change the basis on which private sector pensions will be required to be increased.
Date: 2010-07-20

Ryanair: The dangers of inaccurate advertising
Ryanair and its chief executive, have issued an unreserved apology to easyJet founder and shareholder, Sir Stelios Haji-Ioannou, for depicting him as Pinocchio in an advertisement published in the Daily Telegraph, The Guardian and on Ryanair's website.
Date: 2010-07-16

Delivery charges do form part of the consumer's contract
Following this morning's announcement that Next will begin refunding delivery charges as well as the price of returned goods sold online, e-tailers should double check whether their returns policy complies with the Distance Selling Regulations.
Date: 2010-07-09

Emergency Budget 2010: Summary
The Chancellor delivered the 2010 Emergency Budget on 22 June. Here are the main tax points of interest.
Date: 2010-06-23

Privilege: Must you show your hand?
What is privilege? When the parties in dispute reach the stage of disclosure, they have to review their documents (both hard copy and electronic) in order to determine which they are obliged to disclose.
Date: 2010-06-16

Court of Appeal shifts burden of proof where client went to litigation on solicitor’s advice
The Court of Appeal has held that the normal inference is that a client whose solicitor advises him to fight rather than settle will generally rely upon that advice unless it is proven otherwise.
Date: 2010-06-07

The groceries sector: Addressing competing interests
Large supermarkets must act to address the anti-competitive effect of restrictive covenants and exclusivity agreements in the groceries sector.
Date: 2010-06-03

Website accessibility: Industry standards and best practice
In part one of this article, we explored the law on website accessibility as it stands and as it is likely to be when the Equality Act 2010 comes into force later this year.
Date: 2010-05-26

Flat conversions: Tax reliefs
On the conversion of commercial properties to flats, there are a number of potential reliefs or incentives that should be considered, although not all of them will be available in every case.
Date: 2010-05-24

Disclosure: A duty to seek, not hide
What is disclosure? It is the stage of a dispute when each party is required to disclose to the other party the documents relevant to the issues in dispute. It normally takes place after each party has set out its position in their statement of case.
Date: 2010-05-24

Shoosmiths joins Euro-wide battle against fake goods
Shoosmiths has joined a pan-European coalition aimed at fighting counterfeit goods and piracy
Date: 2010-05-19

Waste: Don’t rubbish it
Everybody knows that sending all waste to landfill is not going to help the environment in the long term.
Date: 2010-05-14

Invoice recovery in a difficult market: Strategy and options
Maintaining cash flow is a significant challenge in the current economic climate. What started as a 'credit crunch' is now a real squeeze for business - with customers trying to defer payment terms while suppliers apply pressure for earlier payment.
Date: 2010-04-28

Tax reliefs: There may be more than you think
There are a number of lesser known tax reliefs which can provide businesses with valuable savings. We consider some of them below.
Date: 2010-04-27

What do Lego bricks and Scottish terriers have in common?
The answer is that they were both the subject of two recent decisions which shed further light on the ability to register three-dimensional shapes as trade marks.
Date: 2010-04-23

Changing terms without consent: Ruling makes it possible
Like most types of contracts, employment contracts can usually only be varied by consent.
Date: 2010-04-22

Trade mark – what's in a name?
It would appear that Sir Alex Ferguson will be stepping back from the touchline at the end of next season, and of his many successors being mentioned in the media, Jose Mourinho's name continues to crop up.
Date: 2010-04-22

Online selling: Commission publishes new VRBE and Guidelines
On 20 April the European Commission published the new Vertical Restraints Block Exemption (VRBE) and Guidelines.
Date: 2010-04-21

Is your website accessible by the disabled? The law says it should be
Website owners have had a legal duty to make their websites accessible to the disabled for more than a decade.
Date: 2010-04-21

Making civil recovery work for retailers
The Citizens Advice Bureau (CAB) has reported an increase in the number of civil cases against individuals accused of shoplifting or employee theft.
Date: 2010-04-21

Digital Economy Bill set to become law
The music, film and broadcast industries look set to get the robust protection from illegal peer-to-peer (P2P) file-sharing they crave, as the Digital Economy Bill moves closer to becoming law.
Date: 2010-04-08

Happy new tax year: What do the next 12 months hold for UK pension schemes?
Welcome to the new tax year 2010/11. A new year is always an opportune time to make resolutions, and a new tax year is no exception.
Date: 2010-04-06

Liability caps include contractual interest
The High Court has ruled that contractual interest will form part of any agreed liability cap, but that statutory interest arising from the exercise of the court’s discretion will not.
Date: 2010-03-29

Should registered trade mark applications for product names be made before the product is launched?
This is a question we are often asked by our automotive and retail clients. BMW has recently made registered trade mark applications for a number of new, unlaunched product names.
Date: 2010-03-29

Is Google off AdWords hook? Maybe
The European Court of Justice (ECJ) has today given its decision on the question of whether or not Google AdWords are a trade mark infringement.
Date: 2010-03-23

Rigorous review leads to changes in advertising code
The rules governing non-broadcast and broadcast advertising will change significantly on 1 September, 2010.
Date: 2010-03-23

IT contracts: Friend or foe? Key considerations
Whether on the receiving end of poor performance or the party in breach of an IT contract, identifying objectives from the outset is essential.
Date: 2010-03-22

Beware of relying on indemnity in plant hire standard terms
A recent Court of Appeal case serves as a reminder of the importance of explicit language if a contractual indemnity is intended to apply even in cases where the indemnified party was negligent or otherwise at fault.
Date: 2010-03-05

Ain’t misbehavin’: Opening our ‘i’s’ to behavioural advertising
The United States' online advertising industry has developed a new symbol it proposes adding to online advertisements aimed at improving consumer awareness and enhancing their privacy.
Date: 2010-02-24

Re-certification of PPF guarantees: Deadline alert!
The deadline for the submission of documentation to the Pension Protection Fund for the certification of contingent assets is 31 March 2010.
Date: 2010-02-17

Procurement alert: remedies - just when you thought it was safe...
The new remedies rules may need to be interpreted in light of a very recent European Court of Justice (ECJ) Judgment in relation to limitation periods for bringing challenges for breach of the public procurement rules.
Date: 2010-02-11

IT suppliers: dotting the 'I's and crossing the 'T's following EDS v BSkyB
The verdict has finally arrived in the long-running IT dispute between EDS and BSkyB, for which the trial ended over a year ago.
Date: 2010-01-28

Source codes: MoD learns expensive drafting lesson
A costly mistake by the Ministry of Defence (MoD) has highlighted the importance of careful drafting to ensure access to a software program’s source code.
Date: 2010-01-27

Conflicting contracts terms: Who wins?
In a battle of the forms where two businesses seek to rely on their own terms and conditions of sale or purchase, who wins? And how do the courts decide?
Date: 2010-01-22

Offers under Part 36 of the Civil Procedure Rules: Offers that can't be refused?
Part 36 offers are a useful tactic to put considerable pressure on an opponent to settle a dispute.
Date: 2009-12-21

VAT groups: threat to current grouping rules
The European Commission (EC) argued in a communication earlier this year that current UK VAT group rules allowing non-taxable persons to be VAT group members were not in line with the correct application of the VAT Directive.
Date: 2009-12-04

Without prejudice: A useful tool, but when to use it?
The general rule is that statements made in a genuine attempt to settle an existing dispute should not be put before the court as evidence of admissions of wrongdoing and are privileged.
Date: 2009-12-01

Telecommunication Expense Management: Manage your way through the downturn
Telecommunications Expense Management (TEM) enables organisations to audit and manage telecoms budgets, freeing up resources and providing a strong base for future contract negotiations - a valuable tool in uncertain times.
Date: 2009-11-25

Be wary of pitfalls when restructuring pension schemes
The High Court’s judgment in HR Trustees Limited v (1) German (2) IMG (UK) Limited has held that a restriction in a pension scheme’s original power of amendment could not be bypassed by introducing a new amendment power.
Date: 2009-11-19

Limitation periods in relation to commercial claims
A key consideration in many claims is the limitation period. This is the time within which a party must issue proceedings.
Date: 2009-10-27

IT systems: Business continuity and disaster recovery planning
Businesses rely on IT systems to conduct their day to day business. Failure of these systems can be disastrous, so it is critical organisations have coherent and resilient business continuity strategies in place.
Date: 2009-10-26

Procurement Update: OGC Guidance on Jean Auroux
The OGC has been under pressure for some time to publish guidance on the unpopular Jean auroux / Roanne case.
Date: 2009-10-21

Website operators can owe duty of care to users
The first case to consider statements made on websites opens the door to claims for negligent misstatement.
Date: 2009-10-07

Interpretation of defined terms and recitals
Defined terms are used in agreements to create certainty and minimise ambiguity. However, a recent court judgment has highlighted that defined terms need not always be given their express meaning.
Date: 2009-10-07

Google AdWords don't infringe Trade Mark law
Google has been offering advertisers the right to buy keywords corresponding to well known trade marks. These AdWords allow businesses to ensure their web page appears whenever a relevant keyword is used by someone using Google's search engine.
Date: 2009-09-23

VAT cross border supplies: Are you ready for 2010?
If you supply cross-border services there are important VAT changes coming into force on 1 January 2010 that you must be aware of.
Date: 2009-09-17

Starting a new internet business?
There are many reasons for starting an internet business - low overheads, expansion plans, a new business concept or strategy.
Date: 2009-09-17

Social media and company websites
Businesses are beginning to incorporate social media functionality into websites to energise their online presence. But before taking the plunge, others should consider the commercial and legal risks.
Date: 2009-08-25

Court confirms consultant's breach of confidence
The Chancery Division of the High Court has ruled in favour of the Vestergaard Group of Companies after defendants - including two ex-employees and a consultant - went to work for a competing company to develop rival products.
Date: 2009-08-13

Status quo for construction of contracts
A House of Lords case has reaffirmed the principles courts will apply when interpreting a contract.
Date: 2009-08-13

eBay announces new minimum standards for sellers
From 1 October 2009 all eBay sellers will need to ensure that their number of transactions with detailed seller ratings (DSR) of 1 and 2 for 'item description' is below 3%.
Date: 2009-08-13

Encryption: Being used when it should...if at all?
Following several recent high profile losses of personal data, businesses are increasingly concerned about their duties under the Data Protection Act 1998.
Date: 2009-01-29

Easy access to contact details via .tel domains
New .tel domain names will allow businesses to store and manage their contact details in a directory accessible from any device connected to the internet.
Date: 2008-11-19

Goodbye statutory procedures, hello ACAS code of practice
The new ACAS Code of Practice (the Code has been approved by the Secretary of State for Business, Enterprise and Regulatory Reform, and will now go to Parliament for final approval.
Date: 2008-11-14

Pressetext case set to be landmark
When do changes to an existing public contract amount to the award of a new contract under EU procurement rules?
Date: 2008-11-12

Thresholds: Contracts of cross border interest
When do Part B or below the threshold contacts have to be advertised? This is a topical issue, touched on in our Summer 2008 newsletter.
Date: 2008-11-11

Prepare for more information access requests businesses told
Companies should be prepared for an increase in the use of subject access requests (SARs) by individuals affected by the economic downturn.
Date: 2008-11-11

Remedies Directive Consultation
The Remedies Directive was adopted by the EU Council of Ministers and the European Parliament on 11 December 2007 and published in OJEU on 20 December 2007.
Date: 2008-11-10

Redundancy rights and wrongs
With the UK economy continuing to be buffeted by the storm of the global financial crisis, the effects are now starting to be felt nearer to home in the real economy.
Date: 2008-11-10

Get ready for immigration system’s big shake-up
The biggest shake-up of the immigration system for 45-years happens at the end of November. Tiers 2 and 5 of the new Australian-style points-based system come into force on 27 November 2008.
Date: 2008-11-10

Internet expansion: the new .brand gTLD
The anticipated new registration scheme allowing companies to apply to register their own gTLD’s will see a huge change in the way in which the internet is structured.
Date: 2008-11-04

New serious crime offences for IP cheats
Trademark and copyright infringers face new punishments as a result of the Serious Crime Act 2007.
Date: 2008-11-03

Sales risks: how exposed is your business?
In the current climate stories are emerging daily of situations where suppliers can no longer obtain credit insurance in respect of particular customers.
Date: 2008-10-23

New regime for temporary agency workers approved by Europe
The European Parliament has approved the controversial temporary agency workers directive after six years of wrangling between EU members. The directive allows for temporary workers in the EU to be treated equally from day one.
Date: 2008-10-22

Stress in the workplace: reasons to be fearful
Employers owe a duty of care to staff, and must do all they can to protect employees’ health and safety at work. This extends to protecting employees’ mental health. Employers failing to do so can be liable for unlimited damages for psychiatric injury.
Date: 2008-10-20

Employers in tribunal claims will have details disclosed
The Information Commissioner has ordered the Department of Business Enterprise and Regulatory Reform (BERR) to disclose names and addresses of respondents to employment tribunal claims made since October 2004.
Date: 2008-10-20

Companies Act offers hope for defending company names
New legislation from 1 October 2008 will give the owners of goodwill in a mark a new weapon against those seeking to take advantage of the reputation of their brand.
Date: 2008-09-29

Review urged as regulators crackdown on non-compliant websites
With a crack-down on non-compliant online retailers under way, now is a good time for operators of e-commerce sites to give themselves a legal health-check.
Date: 2008-09-24

Government set to bypass competition rules and push through HBOS/Lloyds merger
The Government has announced that it intends to issue an “intervention notice” in the Lloyds TSB HBOS merger. This almost unprecedented step effectively bypasses the merger rules which allow regulators to scrutinise and even block anti-competitive deals.
Date: 2008-09-19

Think twice before ganging up on Google
Google prompted angry response when it allowed businesses to sponsor keyword search terms consisting of third-party trade marks via its online advertising facility AdWords.
Date: 2008-09-03

Bleak outlook demands updated contracts
Many contracts have been signed in better times. Now the economic outlook is not as bright. Whatever the nature of the agreement (IT, outsourcing, supply etc), there may be a feeling that a contract is no longer providing the value you expect.
Date: 2008-09-03

Time to get SaaS-y? - Considering Software as a Service
A few years ago cloud computing was something the early adopters said was going to be big but hadn't taken off. With the increasing use of Software as a Service, more and more companies are choosing to put their head in the clouds.
Date: 2008-08-28

BA bosses in price fixing charge
Four British Airways executives are facing prosecution for their part in a pact to fix fuel surcharges. If convicted, each could face a jail sentence of up to five years.
Date: 2008-08-08

Data security breaches and the Payment Card Industry Data Security Standard
The national news has featured many cases of serious data security breaches. In June it was the retail company Cotton Traders Ltd who illustrated the far reaching consequences of inadequate security systems.
Date: 2008-08-01

Information Commissioner launches his annual report - What your business needs to know
The IC has just released his annual report for 2008 and his message to businesses is clear: "He intends to be a force to be reckoned with" and "although we may have heard similar messages over the years, this time its worth sitting up and listening."
Date: 2008-08-01

Managing sales risk in a credit squeeze
When times are tough you need to know that you will be paid for the products or services you supply.
Date: 2008-08-01

Must you disclose internal investigations to regulators?
Following a serious accident or fatality in the workplace, an organisation will no doubt want to carry out an internal investigation to try and ascertain what the root causes of the incident were and prevent future accidents recurring.
Date: 2008-07-31

House of Lords changes the law on disability-related discrimination
The House of Lords has delivered a major judgement which will change the way in which the Disability Discrimination Act 1995 is interpreted and which is expected to make it harder for employees to succeed in claims of disability related discrimination.
Date: 2008-07-14

Commission leads by example and sues elevator cartel for damages
The European Commission has apparently decided to blaze a trail in the relatively untested area of private damages actions.
Date: 2008-07-08

Resolving a dispute? New rules for asking an expert
Alternative Dispute Resolution (ADR) is considerably less ‘alternative’ than it was five years ago. The Academy of Experts, the professional body for expert witnesses around the world, has just published new rules for expert determination.
Date: 2008-07-03

Data protection good practice on transfer of TUPE employee liability information
Good practice guidance for dealing with data transfers in the context of a business sale or service provision change has been published by the Information Commissioner
Date: 2008-07-01

Brands' frosty reception for keyword search policy change
Search engine Google has made a significant policy change to its online advertising facility - AdWords - in the UK and Ireland, allowing open bidding on all keyword search terms, including those protected by trademarks.
Date: 2008-06-12

Development agreements and the "OJEU" rules - a new case and a pause for breath
Last Thursday, the European Commission closed an investigation into a development in the German city of Flensburg. This gives us a chance, a year or so on, to look again at how the OJEU rules apply to development agreements.
Date: 2008-06-10

Treating customers fairly - Unfair commercial practices directive
The Consumer Protection from Unfair Trading Regulations 2008 primary objective is to harmonise consumer protection law across the EU by clamping down on unfair sales and marketing practices between businesses and consumers.
Date: 2008-06-09

Planning a new retail IT system
According to statistics, 76% of the leading 100 UK retailers have plans to replace at least one of their core IT systems in 2008.
Date: 2008-05-01

OFT Annual Plan 2008-09
The OFT has published its Annual Plan which sets out its priorities for the next three years.
Date: 2008-04-10

OFT offers cartel tip-off rewards
The OFT has announced that, for a trial period of 18 months, it will offer cash rewards to individuals that blow the whistle on cartels.
Date: 2008-04-10

Commission launches sector inquiry into pharmaceuticals
The Commission has launched an inquiry into the pharmaceuticals sector, using its powers under Article 17 of Regulation 1/2003 and conducting inspections at a number of pharmaceutical companies.
Date: 2008-04-10

Competition Commission publishes provisional supermarkets remedies report
In November 2007, we reported on the provisional findings of the Competition Commission (CC) in its groceries enquiry.
Date: 2008-04-04

The de minimis exception in merger cases
In November last year, the OFT raised the financial threshold in relation to markets of insufficient importance in merger cases.
Date: 2008-01-11

JJB agrees to pay damages for football shirt price-fixing
JJB Sports has settled the claim brought by Which? on behalf of consumers overcharged by a football shirt price-fixing cartel.
Date: 2008-01-10

CC final report on the Sky/ITV inquiry
Last May, the Secretary of State for Trade and Industry referred British Sky Broadcasting (Sky’s) acquisition of a 17.9 per cent share in ITV plc to the Competition Commission for a full investigation.
Date: 2008-01-10

OFT recommendations on private actions in competition law
Last November, the OFT published its recommendations to the government on private actions for competition law damages.
Date: 2008-01-10

Update on the supermarket and dairies OFT investigation
In September 2007, we reported that the OFT had found evidence suggesting that certain supermarkets and dairies had been engaging in price fixing.
Date: 2008-01-10

First charges in the UK under the criminal cartel offence
In June 2007 we reported that the OFT, the European Commission and the US Department of Justice were carrying out an investigation into a marine hose cartel. Marine hose is used for transporting oil between tankers and storage facilities.
Date: 2008-01-10

Groceries report: Competition update
The Competition Commission (CC) produced its provisional findings, on Wednesday 31 October, on the long-running groceries inquiry. This is an “interim” report, and still subject to consultation.
Date: 2007-11-02

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