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ECJ says downloaded software can be re-sold by purchaser

Tue, 10 Jul 2012 00:00 GMT

Europe's highest court has ruled that downloaded software can be re-sold by the purchaser.

Private damages awarded for a competition law infringement for the first time in the UK

Mon, 09 Jul 2012 00:00 GMT

It has been an established principle for some years that persons who have suffered loss as a result of competition law infringements may claim damages for the loss they have suffered as a result.

Supreme Court confirms trade mark owner can control first marketing of goods in EEA

Fri, 06 Jul 2012 00:00 GMT

In its judgment in Oracle v M-Tech, the Supreme Court confirmed that a trade mark owner can control the first marketing of its goods in the EEA without infringing European laws on the free movement of goods.

Ryanair v the competition authorities: the latest twist in the saga

Tue, 03 Jul 2012 00:00 GMT

Ryanair's announcement on 20 June 2012, to make a renewed offer for Aer Lingus, sparks the next phase in a six year regulatory tussle between the airline and the competition authorities.

Competition Commission flags issues in AkzoNobel/Metlac merger

Thu, 28 Jun 2012 00:00 GMT

On 27 June 2012, the Competition Commission published a so-called "Issues Statement" in its review of AkzoNobel's proposed acquisition of Metlac.

High value residential development: An update

Mon, 25 Jun 2012 00:00 GMT

As discussed in our earlier article, the Government launched an attack in Budget 2012 on high-value residential property and perceived tax avoidance.

New CEO of the OFT announced

Fri, 15 Jun 2012 00:00 GMT

Clive Maxwell will be the new CEO of the Office of Fair Trading (OFT). His appointment was announced on 14 June by Business Secretary Vince Cable.

Court rules in Jaguar Land Rover’s favour over quantitative selective distribution criteria

Fri, 15 Jun 2012 00:00 GMT

The European Court of Justice (ECJ) has upheld Jaguar Land Rover’s right to refuse dealers entry to its quantitative selective distribution system (operated under the Motor Vehicle Block Exemption (MVBE)), without publishing its entry criteria.

Enforcing EU judgments against assets located in England and Wales

Mon, 28 May 2012 00:00 GMT

An increasing number of EU Judgment Creditors are looking to enforce judgments obtained in other EU states against a Judgment Debtor's assets located in England and Wales, including corporate debts.

Is your side letter at risk of being non-binding?

Thu, 24 May 2012 00:00 GMT

The key component of a legally binding document is certainty of the drafted terms.

The cookies countdown

Tue, 22 May 2012 00:00 GMT

The grace period granted by the Information Commissioner's Office (ICO) to enable website operators to comply with the new laws relating to cookies ends in just four days' time.

Liability of parent companies and the actions of their subsidiaries

Fri, 04 May 2012 00:00 GMT

A long-awaited High Court appeal decision could have considerable implications for businesses.

EU Cookie Compliance in website development ... don't leave any crumbs

Fri, 27 Apr 2012 00:00 GMT

With the Information Commissioner's Office (ICO) grace period for enforcing the new cookies rules almost at an end, companies should work with their website developers at an early stage to ensure compliance.

Co-operation's what you need: outsourcing customer breaches duty of good faith

Thu, 19 Apr 2012 00:00 GMT

The High Court has found that a provider of catering services was entitled to terminate its contract with an NHS Trust for material breach, on grounds that the Trust breached its contractual duty to act in good faith.

Vicarious liability: Justification for the principle

Mon, 16 Apr 2012 00:00 GMT

Several reasons have been advanced as a justification for the imposition of vicarious liability, whereby the employer is held liable to third parties for the acts and omissions of employees.

OFT reacts to EU Alternative Dispute Resolution proposals

Mon, 02 Apr 2012 00:00 GMT

In its response to a call for evidence issued by the Department for Business, Innovation and Skills ('BIS') the Office of Fair Trading ('OFT') has criticised the European Commission's proposals for Alternative Dispute Resolution ('ADR').

Cartels in disguise: Fourteen freight groups fined €169 million

Fri, 30 Mar 2012 00:00 GMT

The European Commission has fined 14 international groups of companies a total of €169 million for their participation in four freight forwarding cartels.

Websites may not be a durable medium

Tue, 27 Mar 2012 00:00 GMT

Following the slower than anticipated uptake of e-commerce, the Distance Selling Directive 97/7/EC was implemented with the principal purpose of encouraging consumers to trust and use e-commerce by providing them with certain levels of protection.

OFT/CC merger to create single competition authority

Thu, 22 Mar 2012 00:00 GMT

Following an extensive consultation exercise, BIS has announced that the OFT and the CC will merge to form a single UK competition authority.

Foreign satellite boxes: Decoding the latest legal position

Thu, 22 Mar 2012 00:00 GMT

We have already reported that the way we watch Premier League football could be set for a shake-up, after the European Court of Justice (ECJ) ruled that an effective ban on using foreign decoder boxes was in breach of EU competition law.

How and when to deploy NPOs

Thu, 15 Mar 2012 00:00 GMT

The Norwich Pharmacal Order (NPO) (derived from the case Norwich Pharmacal v Commissions Customs & Excise [1974] UKHL 6) plays an important role in the administration of justice.

BEWARE! Olympic brand is fiercely protected

Fri, 09 Mar 2012 00:00 GMT

The Olympic Games is a huge "brand", commanding global media attention; for advertisers, it represents a golden opportunity for a marketing boost. However, it is also one of the most fiercely protected brands in the world, with complex legal protection.

Retailers: avoid a sting in the tail

Fri, 09 Mar 2012 00:00 GMT

Retailers should be aware that whether they are providing or receiving goods or services, it is best to ensure that when dealing with exclusion and/or limitation of liability clauses the issue of reasonableness is expressly covered in their contracts.

High Court rules on confidentiality agreement

Fri, 09 Mar 2012 00:00 GMT

Judgment was given in the case of in the High Court, on 2 March 2012.

Bribery Act misses may be caught by other legislation

Tue, 06 Mar 2012 00:00 GMT

Government guidance that suggests parent companies are unlikely to be snared by anti-bribery legislation that catches a subsidiary could lull businesses into a false sense of security.

Google's new privacy policy: what it means

Thu, 01 Mar 2012 00:00 GMT

Today, Google have made the very interesting (but arguably provocative) move of completely rejecting the French data protection regulator's request to put a hold on the implementation of proposed changes to its privacy policies.

HMRC’s latest targets: electricians, e-marketplace traders, missing tax returns, home improvements, direct selling

Tue, 28 Feb 2012 00:00 GMT

HM Revenue & Customs (HMRC) has announced the latest targets in its on-going campaigns against taxpayers who underpay tax.

Making the right exit: Lessons learned from AstraZeneca and IBM

Fri, 24 Feb 2012 00:00 GMT

After what must have been many hours negotiating their Master Services Agreement (MSA), AstraZeneca UK and IBM recently found themselves involved in a complex dispute on the meaning of the terms contained within it.

Court of Appeal endorses commercial common sense approach

Thu, 23 Feb 2012 00:00 GMT

In the case of Chalabi & Others v Agha-Jaffar & Another the Court of Appeal has followed the recent decision by the Supreme Court in Rainy Sky SA and others v Kookmin Bank (Rainy Sky).

Adequate procedures under the Bribery Act: New guidance and a British standard

Tue, 14 Feb 2012 00:00 GMT

Government announces proposals to reform civil justice process

Fri, 10 Feb 2012 00:00 GMT

On 9 February 2012, the Government published its long-awaited response to its consultation Solving Disputes in the County Courts.

Walking the Part 36 Tightrope When Making an Offer

Fri, 10 Feb 2012 00:00 GMT

Parties must be extremely careful when making Part 36 offers. Failure to ensure compliance with Part 36 runs the risk of rendering an offer to be worthless in terms of protection.

To mediate or not to mediate? That is the question

Fri, 10 Feb 2012 00:00 GMT

Justice Secretary Ken Clarke is urging couples struggling to reach agreement, to use mediation instead of resorting to the court process. Mediation is already widely used in a commercial context.

New cookies guidance: Time to get a move on!

Thu, 09 Feb 2012 00:00 GMT

In December 2011, the Information Commissioner's Office (ICO) published updated guidance for website owners on the implementation of The Privacy and Electronic Communications (EC Directive) (Amendment) Regulations 2011.

Overhaul of European Data Protection Law backed by powers to impose substantial fines

Mon, 30 Jan 2012 00:00 GMT

The European Commission has published its proposals for the long awaited overhaul of European Data Protection law.

Planning for the Olympics: what should HR be doing?

Fri, 27 Jan 2012 00:00 GMT

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.

Recruiting in 2012: Competitive recruitment and post-termination restrictions

Thu, 26 Jan 2012 00:00 GMT

In the face of continued economic uncertainty and competitive recruitment, employers should be mindful of post-termination restrictions in prospective employees’ contracts of employment.

Winding-up companies: changes from 1 March 2012

Mon, 23 Jan 2012 00:00 GMT

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.

The High Pay Commission’s Final Report - Cheques with Balances: Why tackling high pay is in the national interest

Thu, 19 Jan 2012 00:00 GMT

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.

SOPA and PIPA: The long arm of US copyright law

Thu, 19 Jan 2012 00:00 GMT

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.

How to interpret contracts: Use commercial common sense

Fri, 13 Jan 2012 00:00 GMT

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.

Removal of VAT registration threshold for non-UK business

Fri, 13 Jan 2012 00:00 GMT

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.

When is a dismissal automatically unfair under TUPE?

Mon, 09 Jan 2012 00:00 GMT

The Court of Appeal has clarified the case law relating to when a dismissal is automatically unfair under TUPE.

Radical overhaul of workplace dispute framework in 2012

Wed, 04 Jan 2012 00:00 GMT

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.

All I want for Christmas is Summary Judgment

Tue, 03 Jan 2012 00:00 GMT

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.

Seed Enterprise Investment Scheme

Tue, 13 Dec 2011 00:00 GMT

The Finance Bill 2012 introduced a junior version of the Enterprise Investment Scheme, known as the Seed Enterprise Investment Scheme (SEIS).

Public procurement: Revised thresholds

Mon, 12 Dec 2011 00:00 GMT

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.

The Doctrine of Frustration

Tue, 06 Dec 2011 00:00 GMT

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.

One man’s best endeavour is another man’s idleness?

Mon, 05 Dec 2011 00:00 GMT

Every commercial contract imposes obligations on the parties involved, which are often agreed by detailed negotiations.

Pension auto-enrolment delayed for small businesses

Tue, 29 Nov 2011 00:00 GMT

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.

Autumn Statement 2011: Tax summary

Tue, 29 Nov 2011 00:00 GMT

The Chancellor delivered the Autumn Statement 2011 today (29 November).

Consumer Rights Directive: Enhanced consumer protection on its way

Tue, 22 Nov 2011 00:00 GMT

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.

Law Commissions react to EU Common European Sales Law proposal

Tue, 22 Nov 2011 00:00 GMT

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.

BlackBerry fool or smartphone? How businesses can get it right

Mon, 14 Nov 2011 00:00 GMT

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.

Company sales: Failure to disclose - the costs of keeping silent

Mon, 14 Nov 2011 00:00 GMT

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.

Social Media Update 2: Draft Defamation Bill and the Joint Committee

Thu, 10 Nov 2011 00:00 GMT

Super injunctions and online libel revisited

Using the Companies Act to overcome boardroom deadlock

Mon, 07 Nov 2011 00:00 GMT

The recent decision in Smith v Butler & another (2011) is a reminder of some solutions the Companies Act 2006 offers for resolving boardroom disputes.

Compulsory no fault dismissal: Could it catch on?

Thu, 03 Nov 2011 00:00 GMT

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.

Presenteeism: A clear and present danger?

Thu, 03 Nov 2011 00:00 GMT

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?

Jury service: What's an employer's duty?

Fri, 28 Oct 2011 00:00 GMT

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?

Unilateral notice: Ignore it at your peril

Wed, 26 Oct 2011 00:00 GMT

If you receive notification from the Land Registry (LR) that someone has registered a unilateral notice against your property, don't ignore it!

Force majeure clauses: Traps for the unwary

Tue, 25 Oct 2011 00:00 GMT

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.

EU Commission issues Staff Working Paper on public to public co-operation

Tue, 18 Oct 2011 00:00 GMT

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.

Derivative Actions - Falling at the second hurdle

Fri, 07 Oct 2011 00:00 GMT

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.

Taxing riots

Tue, 04 Oct 2011 00:00 GMT

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.

Pub Landlady 1 v 0 BSkyB: Why TV football broadcasting is about to change

Tue, 04 Oct 2011 00:00 GMT

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.

Relaxing the Employer Debt Regulations - delayed but not forgotten

Fri, 30 Sep 2011 00:00 GMT

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.

The Communications Bill: driving the economic recovery

Mon, 26 Sep 2011 00:00 GMT

Following hot on the heels of the Digital Economy Act 2010 is the proposal for a new Communications Bill.

Rectification: re-writing history

Thu, 01 Sep 2011 00:00 GMT

Parties entering into contractual agreements are prevented from seeking the court's assistance to avoid or exit agreements which amount to a bad bargain.

Copyright infringement: How far should an ISP go?

Wed, 24 Aug 2011 00:00 GMT

The recent Newzbin2 case - - has posed a new digital-era dilemma for internet service providers (ISPs).

Most negotiated contract terms 2011 - risk allocation versus relationship building commercials

Wed, 17 Aug 2011 00:00 GMT

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.

OFT fines dairy cartel almost �50m

Fri, 12 Aug 2011 00:00 GMT

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.

Social media : Marketing tool or legal nightmare?

Thu, 21 Jul 2011 00:00 GMT

There are numerous internet-based interactive platforms that may be referred to as social media outlets, for example Facebook, Linkedin or Twitter.

Renewable energy: What's the catch?

Mon, 11 Jul 2011 00:00 GMT

You can hardly fail to have noticed the increasing interest in renewable energy, which is being driven largely by the Government's green agenda.

Corporate hospitality and the Bribery Act

Fri, 01 Jul 2011 00:00 GMT

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

Policing the internet: New law on the horizon?

Wed, 29 Jun 2011 00:00 GMT

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')?

‘Stating the obvious’: execution of documents

Wed, 29 Jun 2011 00:00 GMT

When executing documents, forgetting formalities can lead to expensive days in court.

Bribery Act compliance: Only two weeks to go - how far have you got?

Fri, 17 Jun 2011 00:00 GMT

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'.

Residential property: Recent developments in Stamp Duty Land Tax

Tue, 14 Jun 2011 00:00 GMT

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.

Let's settle this once and for all - Part 36 V Calderbank offers

Mon, 13 Jun 2011 00:00 GMT

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.

Super-injunctions and online libel: Dangers for website users and hosts

Tue, 24 May 2011 00:00 GMT

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.

ICO guidance on 'cookie' use rule change

Mon, 16 May 2011 00:00 GMT

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.

Agreeing to resolution

Mon, 16 May 2011 00:00 GMT

The courts' enthusiastic support for Alternative Dispute Resolution (ADR) encourages parties to resolve disputes without using the formal court process.

Playstation network data loss: how can you protect your customers?

Thu, 05 May 2011 00:00 GMT

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.

Terminating for breach of contract

Thu, 05 May 2011 00:00 GMT

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.

Confidential Information: Managing the risks

Tue, 03 May 2011 00:00 GMT

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.

New sanctions for unauthorised email, text and phone marketing

Thu, 21 Apr 2011 00:00 GMT

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.

PAYE change: Update

Mon, 11 Apr 2011 00:00 GMT

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.

Website Accessibility: Is your website compliant?

Mon, 28 Mar 2011 00:00 GMT

The second of a two-part article gives helpful pointers to help assess whether your website is compliant.

Budget summary 2011

Thu, 24 Mar 2011 00:00 GMT

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.

Protecting corporate reputations set to get more difficult

Wed, 23 Mar 2011 00:00 GMT

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.

Privilege: Why you should be prudent when getting legal advice

Thu, 10 Mar 2011 00:00 GMT

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.

How to run an effective board

Thu, 10 Mar 2011 00:00 GMT

This is a busy time for anyone involved in corporate governance issues.

Terms and Conditions: They may be water tight but are they incorporated?

Thu, 03 Mar 2011 00:00 GMT

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.

Tax safe plan: HMRC targets plumbers next

Wed, 02 Mar 2011 00:00 GMT

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.

Signed, sealed and delivered? Executing deeds in corporate transactions

Wed, 23 Feb 2011 00:00 GMT

Since the rise of both electronic communications and the global economy, face-to-face completion meetings are becoming a thing of the past.

More than one way to skin a cat: Alternative Dispute Resolution

Wed, 23 Feb 2011 00:00 GMT

The majority of disputes are settled before trial, and an increasing number are settled before proceedings are issued.

Website accessibility: A legal requirement and good commercial sense

Tue, 22 Feb 2011 00:00 GMT

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.

Guarantors and lease assignment: The AGA debate continues

Wed, 09 Feb 2011 00:00 GMT

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.

Bribery Act Compliance: Should you delay?

Wed, 09 Feb 2011 00:00 GMT

New legislation described as the toughest anti-corruption measures in the world and due to come into force in April, has been delayed.

Revised service charge code

Wed, 09 Feb 2011 00:00 GMT

A revised RICS service charge code for commercial leases is due to come into effect in October 2011.

Litigators aren't just for Christmas

Tue, 08 Feb 2011 00:00 GMT

Those of us involved with litigation are quite familiar with the 'Christmas Eve phenomenon'.

Bribery Act delay could cause more problems than it solves

Tue, 01 Feb 2011 00:00 GMT

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.

IT tendering: Getting it right

Tue, 25 Jan 2011 00:00 GMT

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.

Cloud computing: A risky business?

Fri, 07 Jan 2011 00:00 GMT

In a recent article we looked at some of the employment risks for customers associated with cloud computing.

IT tendering: Leveraging the benefits

Mon, 29 Nov 2010 00:00 GMT

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.

Bribery Act 2010: Adequate procedures and personal liability

Tue, 09 Nov 2010 00:00 GMT

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.

Cloud computing: Employment law implications

Thu, 04 Nov 2010 00:00 GMT

We continue our review of cloud computing by focusing on some of the key issues for employers to consider.

Public procurement and the spending cuts

Wed, 03 Nov 2010 00:00 GMT

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.

OFT and Competition Commission to merge

Thu, 14 Oct 2010 00:00 GMT

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'.

Incoterms: Changes come into force 1 January 2011

Tue, 12 Oct 2010 00:00 GMT

The Incoterms� rules are a group of internationally recognised commercial terms used in international and domestic contracts for the sale of goods.

IT projects: It�s a team game

Tue, 28 Sep 2010 00:00 GMT

IT projects have a knack of over-running for significant periods, requiring �out-of-scope� changes half way through, and consequently going over budget.

Dawn raids as OFT probes alleged truck price fixing

Thu, 16 Sep 2010 00:00 GMT

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.

In-house lawyer privilege dealt further blow by European Court of Justice

Thu, 16 Sep 2010 00:00 GMT

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.

National Insurance holiday for new businesses

Fri, 03 Sep 2010 00:00 GMT

Draft legislation giving new businesses a National Insurance holiday has recently been published.

Software: Goods or services?

Tue, 24 Aug 2010 00:00 GMT

Software is an elusive product when it comes to determining whether supplying it should be classified legally as goods or as services.

In litigation, the biggest risk may not be losing

Tue, 10 Aug 2010 00:00 GMT

The decision to bring a claim, or to fight one, can be one of the trickiest problems faced by any business.

EDS v BSkyB: Businesses' salutary reminder as dust settles

Tue, 27 Jul 2010 00:00 GMT

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.

Bribery Act delayed six months

Tue, 20 Jul 2010 00:00 GMT

The Government announced today that the Bribery Act will come into force in April 2011 - not October 2010 as previously expected.

CPI, SPA, default retirement age: Ones to watch in the coming months

Tue, 20 Jul 2010 00:00 GMT

The Government has announced it will change the basis on which private sector pensions will be required to be increased.

Ryanair: The dangers of inaccurate advertising

Fri, 16 Jul 2010 00:00 GMT

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.

Delivery charges do form part of the consumer's contract

Fri, 09 Jul 2010 00:00 GMT

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.

Emergency Budget 2010: Summary

Wed, 23 Jun 2010 00:00 GMT

The Chancellor delivered the 2010 Emergency Budget on 22 June. Here are the main tax points of interest.

Privilege: Must you show your hand?

Wed, 16 Jun 2010 00:00 GMT

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.

Court of Appeal shifts burden of proof where client went to litigation on solicitor’s advice

Mon, 07 Jun 2010 00:00 GMT

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.

The groceries sector: Addressing competing interests

Thu, 03 Jun 2010 00:00 GMT

Large supermarkets must act to address the anti-competitive effect of restrictive covenants and exclusivity agreements in the groceries sector.

Website accessibility: Industry standards and best practice

Wed, 26 May 2010 00:00 GMT

In 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.

Flat conversions: Tax reliefs

Mon, 24 May 2010 00:00 GMT

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.

Disclosure: A duty to seek, not hide

Mon, 24 May 2010 00:00 GMT

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.

Shoosmiths joins Euro-wide battle against fake goods

Wed, 19 May 2010 00:00 GMT

Shoosmiths has joined a pan-European coalition aimed at fighting counterfeit goods and piracy

Waste: Don’t rubbish it

Fri, 14 May 2010 00:00 GMT

Everybody knows that sending all waste to landfill is not going to help the environment in the long term.

Invoice recovery in a difficult market: Strategy and options

Wed, 28 Apr 2010 00:00 GMT

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.

Tax reliefs: There may be more than you think

Tue, 27 Apr 2010 00:00 GMT

There are a number of lesser known tax reliefs which can provide businesses with valuable savings. We consider some of them below.

What do Lego bricks and Scottish terriers have in common?

Fri, 23 Apr 2010 00:00 GMT

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.

Trade mark – what's in a name?

Thu, 22 Apr 2010 00:00 GMT

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.

Changing terms without consent: Ruling makes it possible

Thu, 22 Apr 2010 00:00 GMT

Like most types of contracts, employment contracts can usually only be varied by consent.

Making civil recovery work for retailers

Wed, 21 Apr 2010 00:00 GMT

The Citizens Advice Bureau (CAB) has reported an increase in the number of civil cases against individuals accused of shoplifting or employee theft.

Online selling: Commission publishes new VRBE and Guidelines

Wed, 21 Apr 2010 00:00 GMT

On 20 April the European Commission published the new Vertical Restraints Block Exemption (VRBE) and Guidelines.

Is your website accessible by the disabled? The law says it should be

Wed, 21 Apr 2010 00:00 GMT

Website owners have had a legal duty to make their websites accessible to the disabled for more than a decade.

Digital Economy Bill set to become law

Thu, 08 Apr 2010 00:00 GMT

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.

Happy new tax year: What do the next 12 months hold for UK pension schemes?

Tue, 06 Apr 2010 00:00 GMT

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.

Should registered trade mark applications for product names be made before the product is launched?

Mon, 29 Mar 2010 00:00 GMT

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.

Liability caps include contractual interest

Mon, 29 Mar 2010 00:00 GMT

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.

Is Google off AdWords hook? Maybe

Tue, 23 Mar 2010 00:00 GMT

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.

Rigorous review leads to changes in advertising code

Tue, 23 Mar 2010 00:00 GMT

The rules governing non-broadcast and broadcast advertising will change significantly on 1 September, 2010.

IT contracts: Friend or foe? Key considerations

Mon, 22 Mar 2010 00:00 GMT

Whether on the receiving end of poor performance or the party in breach of an IT contract, identifying objectives from the outset is essential.

Beware of relying on indemnity in plant hire standard terms

Fri, 05 Mar 2010 00:00 GMT

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.

Ain’t misbehavin’: Opening our ‘i’s’ to behavioural advertising

Wed, 24 Feb 2010 00:00 GMT

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.

Re-certification of PPF guarantees: Deadline alert!

Wed, 17 Feb 2010 00:00 GMT

The deadline for the submission of documentation to the Pension Protection Fund for the certification of contingent assets is 31 March 2010.

Procurement alert: remedies - just when you thought it was safe...

Thu, 11 Feb 2010 00:00 GMT

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.

IT suppliers: dotting the 'I's and crossing the 'T's following EDS v BSkyB

Thu, 28 Jan 2010 00:00 GMT

The verdict has finally arrived in the long-running IT dispute between EDS and BSkyB, for which the trial ended over a year ago.

Source codes: MoD learns expensive drafting lesson

Wed, 27 Jan 2010 00:00 GMT

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.

Conflicting contracts terms: Who wins?

Fri, 22 Jan 2010 00:00 GMT

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?

Offers under Part 36 of the Civil Procedure Rules: Offers that can't be refused?

Mon, 21 Dec 2009 00:00 GMT

Part 36 offers are a useful tactic to put considerable pressure on an opponent to settle a dispute.

VAT groups: threat to current grouping rules

Fri, 04 Dec 2009 00:00 GMT

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.

Without prejudice: A useful tool, but when to use it?

Tue, 01 Dec 2009 00:00 GMT

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.

Telecommunication Expense Management: Manage your way through the downturn

Wed, 25 Nov 2009 00:00 GMT

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.

Be wary of pitfalls when restructuring pension schemes

Thu, 19 Nov 2009 00:00 GMT

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.

Limitation periods in relation to commercial claims

Tue, 27 Oct 2009 00:00 GMT

A key consideration in many claims is the limitation period. This is the time within which a party must issue proceedings.

IT systems: Business continuity and disaster recovery planning

Mon, 26 Oct 2009 00:00 GMT

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.

Procurement Update: OGC Guidance on Jean Auroux

Wed, 21 Oct 2009 00:00 GMT

The OGC has been under pressure for some time to publish guidance on the unpopular Jean auroux / Roanne case.

Website operators can owe duty of care to users

Wed, 07 Oct 2009 00:00 GMT

The first case to consider statements made on websites opens the door to claims for negligent misstatement.

Interpretation of defined terms and recitals

Wed, 07 Oct 2009 00:00 GMT

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.

Google AdWords don't infringe Trade Mark law

Wed, 23 Sep 2009 00:00 GMT

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.

VAT cross border supplies: Are you ready for 2010?

Thu, 17 Sep 2009 00:00 GMT

If you supply cross-border services there are important VAT changes coming into force on 1 January 2010 that you must be aware of.

Starting a new internet business?

Thu, 17 Sep 2009 00:00 GMT

There are many reasons for starting an internet business - low overheads, expansion plans, a new business concept or strategy.

Social media and company websites

Tue, 25 Aug 2009 00:00 GMT

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.

Court confirms consultant's breach of confidence

Thu, 13 Aug 2009 00:00 GMT

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.

eBay announces new minimum standards for sellers

Thu, 13 Aug 2009 00:00 GMT

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%.

Status quo for construction of contracts

Thu, 13 Aug 2009 00:00 GMT

A House of Lords case has reaffirmed the principles courts will apply when interpreting a contract.

Encryption: Being used when it should...if at all?

Thu, 29 Jan 2009 00:00 GMT

Following several recent high profile losses of personal data, businesses are increasingly concerned about their duties under the Data Protection Act 1998.

Easy access to contact details via .tel domains

Wed, 19 Nov 2008 00:00 GMT

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.

Goodbye statutory procedures, hello ACAS code of practice

Fri, 14 Nov 2008 00:00 GMT

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.

Pressetext case set to be landmark

Wed, 12 Nov 2008 00:00 GMT

When do changes to an existing public contract amount to the award of a new contract under EU procurement rules?

Prepare for more information access requests businesses told

Tue, 11 Nov 2008 00:00 GMT

Companies should be prepared for an increase in the use of subject access requests (SARs) by individuals affected by the economic downturn.

Thresholds: Contracts of cross border interest

Tue, 11 Nov 2008 00:00 GMT

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.

Redundancy rights and wrongs

Mon, 10 Nov 2008 00:00 GMT

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.

Remedies Directive Consultation

Mon, 10 Nov 2008 00:00 GMT

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.

Get ready for immigration system�s big shake-up

Mon, 10 Nov 2008 00:00 GMT

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.

Internet expansion: the new .brand gTLD

Tue, 04 Nov 2008 00:00 GMT

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.

New serious crime offences for IP cheats

Mon, 03 Nov 2008 00:00 GMT

Trademark and copyright infringers face new punishments as a result of the Serious Crime Act 2007.

Sales risks: how exposed is your business?

Thu, 23 Oct 2008 00:00 GMT

In the current climate stories are emerging daily of situations where suppliers can no longer obtain credit insurance in respect of particular customers.

New regime for temporary agency workers approved by Europe

Wed, 22 Oct 2008 00:00 GMT

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.

Stress in the workplace: reasons to be fearful

Mon, 20 Oct 2008 00:00 GMT

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.

Employers in tribunal claims will have details disclosed

Mon, 20 Oct 2008 00:00 GMT

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.

Companies Act offers hope for defending company names

Mon, 29 Sep 2008 00:00 GMT

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.

Review urged as regulators crackdown on non-compliant websites

Wed, 24 Sep 2008 00:00 GMT

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.

Government set to bypass competition rules and push through HBOS/Lloyds merger

Fri, 19 Sep 2008 00:00 GMT

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.

Think twice before ganging up on Google

Wed, 03 Sep 2008 00:00 GMT

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.

Bleak outlook demands updated contracts

Wed, 03 Sep 2008 00:00 GMT

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.

Time to get SaaS-y? - Considering Software as a Service

Thu, 28 Aug 2008 00:00 GMT

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.

BA bosses in price fixing charge

Fri, 08 Aug 2008 00:00 GMT

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.

Managing sales risk in a credit squeeze

Fri, 01 Aug 2008 00:00 GMT

When times are tough you need to know that you will be paid for the products or services you supply.

Data security breaches and the Payment Card Industry Data Security Standard

Fri, 01 Aug 2008 00:00 GMT

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.

Information Commissioner launches his annual report - What your business needs to know

Fri, 01 Aug 2008 00:00 GMT

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."

Must you disclose internal investigations to regulators?

Thu, 31 Jul 2008 00:00 GMT

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.

House of Lords changes the law on disability-related discrimination

Mon, 14 Jul 2008 00:00 GMT

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.

Commission leads by example and sues elevator cartel for damages

Tue, 08 Jul 2008 00:00 GMT

The European Commission has apparently decided to blaze a trail in the relatively untested area of private damages actions.

Resolving a dispute? New rules for asking an expert

Thu, 03 Jul 2008 00:00 GMT

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.

Data protection good practice on transfer of TUPE employee liability information

Tue, 01 Jul 2008 00:00 GMT

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

Brands' frosty reception for keyword search policy change

Thu, 12 Jun 2008 00:00 GMT

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.

Development agreements and the "OJEU" rules - a new case and a pause for breath

Tue, 10 Jun 2008 00:00 GMT

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.

Treating customers fairly - Unfair commercial practices directive

Mon, 09 Jun 2008 00:00 GMT

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.

Planning a new retail IT system

Thu, 01 May 2008 00:00 GMT

According to statistics, 76% of the leading 100 UK retailers have plans to replace at least one of their core IT systems in 2008.

OFT Annual Plan 2008-09

Thu, 10 Apr 2008 00:00 GMT

The OFT has published its Annual Plan which sets out its priorities for the next three years.

OFT offers cartel tip-off rewards

Thu, 10 Apr 2008 00:00 GMT

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.

Commission launches sector inquiry into pharmaceuticals

Thu, 10 Apr 2008 00:00 GMT

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.

Competition Commission publishes provisional supermarkets remedies report

Fri, 04 Apr 2008 00:00 GMT

In November 2007, we reported on the provisional findings of the Competition Commission (CC) in its groceries enquiry.

The de minimis exception in merger cases

Fri, 11 Jan 2008 00:00 GMT

In November last year, the OFT raised the financial threshold in relation to markets of insufficient importance in merger cases.

Update on the supermarket and dairies OFT investigation

Thu, 10 Jan 2008 00:00 GMT

In September 2007, we reported that the OFT had found evidence suggesting that certain supermarkets and dairies had been engaging in price fixing.

OFT recommendations on private actions in competition law

Thu, 10 Jan 2008 00:00 GMT

Last November, the OFT published its recommendations to the government on private actions for competition law damages.

CC final report on the Sky/ITV inquiry

Thu, 10 Jan 2008 00:00 GMT

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.

First charges in the UK under the criminal cartel offence

Thu, 10 Jan 2008 00:00 GMT

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.

JJB agrees to pay damages for football shirt price-fixing

Thu, 10 Jan 2008 00:00 GMT

JJB Sports has settled the claim brought by Which? on behalf of consumers overcharged by a football shirt price-fixing cartel.

Groceries report: Competition update

Fri, 02 Nov 2007 00:00 GMT

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.