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Fire safety: Responsibility for evacuating people with impaired mobility

Tue, 03 Nov 2009 00:00 GMT

Clients appear increasingly confused by conflicting advice they have received about this from fire safety consultants.

Corporate manslaughter sentencing guidelines move a step nearer

Wed, 28 Oct 2009 00:00 GMT

The publication of sentencing guidelines for corporate manslaughter and health and safety offences where a death has occurred have moved a step closer.

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.

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.

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.

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.

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.

Hot fine after Shell breaches fire safety regulations

Wed, 12 Aug 2009 00:00 GMT

A huge fine imposed on Shell emphasises the importance to all businesses - large and small - of carrying out the steps identified in a fire risk assessment and regularly reviewing that assessment.

New asbestos survey guidance: Are you ready for it?

Tue, 28 Jul 2009 00:00 GMT

Revised Health and Safety Executive (HSE) guidance for asbestos surveys is likely to come into force this Autumn, replacing current guidance known as MDHS 100.

E-commerce: The compliance web

Tue, 28 Jul 2009 00:00 GMT

For many companies e-tailing is a natural progression from bricks and mortar offerings in their attempts to reach a wider audience.

Land sales deposits: VAT clarified

Fri, 24 Jul 2009 00:00 GMT

The situation concerning VAT paid on land sales deposits has been clarified by HM Revenue & Customs (HMRC).

Renting out parking spaces: Consider VAT

Mon, 13 Jul 2009 00:00 GMT

A recent case has served as a useful reminder that the VAT treatment of leases of car parking spaces in a new residential development is not always straightforward.

'Can I see some ID?' Why age verification is a hot topic for online retailers (Part 1)

Wed, 24 Jun 2009 00:00 GMT

In the first of a two-part look at age verification issues facing online retailers and dangers faced by children in the virtual world, we consider age verification legislation, why it is a hot topic, and tools that retailers can use.

Customs change procedure for dealing with infringing Intellectual Property goods

Tue, 23 Jun 2009 00:00 GMT

Customs has changed, with immediate effect, the way in which they deal with goods suspected of infringing brand owners' intellectual property rights.

Selling shares bought under employee option? Tax may be more than you think

Thu, 18 Jun 2009 00:00 GMT

If you sell shares bought before 10 April 2003 through employee share options - or you have recently sold such shares - your tax liability may have increased.

ICO's new weapon in consumer data battle

Tue, 16 Jun 2009 00:00 GMT

The Information Commissioner's Office (ICO) has launched the new Privacy Notices Code of Practice.

Buying commercial property at auction: Avoid the VAT trap

Thu, 11 Jun 2009 00:00 GMT

Buying commercial property at auction may seem an attractive proposition when there is a bargain to be had. But the joy of purchasing a property cheaply can be short-lived if it triggers an unexpected VAT liability.

Businesses' collective sigh of relief at Law Lords' ramp ruling

Fri, 22 May 2009 00:00 GMT

A lot hinged on the answer to the following question for thousands of businesses and organisations across the UK.

Judgment helps define employers' risk boundaries

Fri, 22 May 2009 00:00 GMT

How far do you have to go in carrying out risk assessments when the risks to your employees arise from activities conducted off your premises?

COMAH Regulations applied to natural strata gas storage

Thu, 21 May 2009 00:00 GMT

Onshore storage of natural gas in underground natural strata such as depleted reservoirs is now subject to COMAH Regulations.

�5,000 fines threat - batteries included

Thu, 21 May 2009 00:00 GMT

Businesses placing batteries on the UK market for the first time will have to meet their collection and recycling responsibilities under the Waste Batteries and Accumulators Regulations 2009 or face fines of up to �5,000.

Swine flu: Actions for employers

Tue, 05 May 2009 00:00 GMT

With the constant media coverage and increasing public panic, employers need to consider the real effects that swine flu may have on their organisation, and ensure their response is proportionate to the risk.

Buncefield judgment has joint venture implications

Fri, 01 May 2009 00:00 GMT

The High Court gave judgment on civil liability in the Buncefield case at the end of March.

Government takes 'big stick' to 20,000 organisations

Tue, 28 Apr 2009 00:00 GMT

The following is a briefing note for finance directors and company secretaries on the Government's forthcoming Carbon Reduction Commitment.

Employee death prompts first corporate manslaughter charge

Fri, 24 Apr 2009 00:00 GMT

Cotswold Geotechnical Holdings is the first company to face charges brought under the Corporate Manslaughter and Corporate Homicide Act 2007, after a junior employee died when a pit collapsed on him.

Credit insurance update: Budget special

Fri, 24 Apr 2009 00:00 GMT

As availability of credit insurance continues to dwindle, coupled with the complete withdrawal of trade credit insurance in some instances, businesses are being damaged and their supply chains disrupted.

Budget 2009: Tax Summary

Thu, 23 Apr 2009 00:00 GMT

The Chancellor delivered the 2009 Budget on 22 April 2009. The following is a summary of the main points of interest.

HMRC backtracks on VAT bad debt relief claims

Thu, 09 Apr 2009 00:00 GMT

If one makes supplies of goods or services to a customer and is unfortunately not paid, which is perhaps more likely in the current economic climate, then it may be possible to claim relief from VAT on the bad debt or debts.

Test purchasers: Can I see some ID please?

Mon, 06 Apr 2009 00:00 GMT

You won't be surprised to hear that the onset of school holidays often brings with it a swath of age restricted sales test purchasing including purchases of alcohol, cigarettes, dvds and knives.

Directors urged to protect against liability

Thu, 19 Mar 2009 00:00 GMT

The codification of directors' duties under the Companies Act 2006 has brought directors' exposure to liability into sharp focus.

Gardening your way out of recession

Tue, 17 Mar 2009 00:00 GMT

A valuable relief, and one that has remained unchanged for many years, is principal private residence relief (PPR).

Supermarkets' buying power could damage competition - GSCOP

Tue, 10 Mar 2009 00:00 GMT

After a long running inquiry, the Competition Commission (CC) has published the draft Groceries Supply Code of Practice (GSCOP) Order.

'Not waving, but drowning': Dealing with 'underwater' options

Mon, 09 Mar 2009 00:00 GMT

The worldwide recession has seen almost three quarters of FTSE 100 companies' employee share options slip 'underwater', according to recent research.

Businesses damaged as trade credit insurance is pulled

Fri, 20 Feb 2009 00:00 GMT

The issue of credit insurance remains high on the commercial agenda. And it continues to be reported that the withdrawal of trade credit insurance is disrupting supply chains and causing damage to businesses.

Pre-packs: So you think it's a TOGC?

Tue, 17 Feb 2009 00:00 GMT

Pre-pack administration sales - pre-packs - is the process by which the assets of a struggling company (Oldco) are transferred to a new company (Newco), before being sold by the administrator to new owners.

Risk assessments: so much more than ticking boxes

Thu, 12 Feb 2009 00:00 GMT

Risk assessments have always been top of the agenda for scrutiny by the Heath and Safety Executive (HSE) - recognising that they form an essential part of health and safety compliance - and are not merely a tick box exercise.

Taxation of termination payments: Don't heap misery on misery

Fri, 06 Feb 2009 00:00 GMT

As the recession continues, many employers will be faced with the unfortunate situation where they are forced to consider the possibility of downsizing their workforce.

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.

OFT restates position on merger "failing firm" defence

Tue, 13 Jan 2009 00:00 GMT

As the credit crunch continues to bite and companies suffer the fall-out, the OFT has decided to publish a restatement of its position on the so-called "failing firm" merger defence.

Serious new penalties for directors, employers and employees

Mon, 12 Jan 2009 00:00 GMT

The new Health and Safety (Offences) Act 2008 - which imposes serious new penalties for directors, employers and employees convicted of health and safety offences - comes into force on 16 January 2009.

Inspect air-con units by 4 January or risk fine

Wed, 17 Dec 2008 00:00 GMT

People in charge of air-conditioning systems must inspect them by 4 January 2009 or risk being fined.

Employers urged to review party policies

Thu, 11 Dec 2008 00:00 GMT

With office parties in full swing and police anti-drink drive campaigns underway, employers should review what they tell employees intent on enjoying themselves.

Shelter from the storm - Directors' conflicts of interest

Thu, 04 Dec 2008 00:00 GMT

Directors' conflicts of interest - safe harbour provisions available under the Companies Act 2006

Death knell for the sick note?

Tue, 02 Dec 2008 00:00 GMT

Days of being signed off sick may be numbered under Government plans to radically change attitudes to illness and work. A new "fit note" focusing on what work an employee can do rather than what they can't do will replace the current medical certificate.

Pre-budget report 2008 - tax issues

Tue, 25 Nov 2008 00:00 GMT

The Chancellor delivered the 2008 Pre-Budget Report yesterday (24 November 2008). The following is a summary of the main points:

Shopping centres' landmark trade mark decision

Fri, 14 Nov 2008 00:00 GMT

A landmark High Court judgement has ruled that names and brands of shopping centres can be registered as trade marks.

When the drink runs dry

Fri, 14 Nov 2008 00:00 GMT

In the current economic climate many businesses are battling for survival, and there are daily reports of pubs, hotels, restaurants and clubs becoming insolvent or being repossessed.

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.

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.

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.

HMRC confirms letting strategy is not abusive

Mon, 03 Nov 2008 00:00 GMT

Many house builders are finding they are unable to sell new dwellings in the current downturn, leaving them a stark choice.

New Year heralds prison sentences for health and safety offences

Tue, 28 Oct 2008 00:00 GMT

A new Act which comes into force on 16 January 2009 imposes serious new penalties for directors, employers and employees who are convicted of a health and safety offence.

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.

Remember, remember the 5th of November

Mon, 20 Oct 2008 00:00 GMT

That time of year is fast approaching, and with it comes the annual firework display, roaring bonfire... and approximately 1,000 people injured.

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.

Finance Act 2008 contains new residence rule

Mon, 13 Oct 2008 00:00 GMT

A new rule to determine whether a person is resident in the UK for tax purposes is contained in the Finance Act 2008.

Guess who's coming to dinner: HMRC extends investigative powers in relation to compliance checks

Mon, 13 Oct 2008 00:00 GMT

Legislation has been introduced in Finance Act 2008 (Schedule 36) setting out compliance powers which HM Revenue and Customs (HMRC) considers necessary following the merger of Inland Revenue and HM Customs and Excise, in 2005.

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.

Company Law Reform: Conflicts of Interest

Wed, 24 Sep 2008 00:00 GMT

As highlighted in earlier updates, one of the most significant developments in the Companies Act 2006 (the Act) has been the codification of directors' duties, with four of the seven general duties set out in the Act now in place for a year.

Financial assistance laws overhaul: Harmonisation or headache?

Wed, 24 Sep 2008 00:00 GMT

1 October 2008 sees the eagerly anticipated repeal of the prohibition on UK private companies giving financial assistance

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.

EPCs: Last minute changes and further guidance

Tue, 16 Sep 2008 00:00 GMT

1 October 2008 sees the implementation of Energy Performance Certificates for both commercial and residential property and from then buildings over 1,000m sq occupied by public authorities and visited by the public must have a Display Energy Certificates.

VAT update: house builders letting property

Tue, 16 Sep 2008 00:00 GMT

A new Information Sheet published by HMRC on 15 September 2008 contains a helpful relaxation in the way the clawback operates where a house builder temporarily lets dwellings before selling them.

Are Registered Providers covered by the freedom of Information Act 2000?

Tue, 09 Sep 2008 00:00 GMT

Have you, like a number of our clients, recently received a letter from a "Ms Edwards" making a request under the Freedom of Information Act 2000 ("FOIA")? If you have, or if you do, then do you have to provide the information requested? In short, no.

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.

Regulators handed greater, more flexible sanctions

Fri, 15 Aug 2008 00:00 GMT

As regulators are handed more weapons with which to battle non-compliant businesses, we urge those businesses not to take sanctions lying down, and to challenge them if necessary.

Save HMRCs penalty kick

Tue, 12 Aug 2008 00:00 GMT

With new HM Revenue and Customs (HMRC) penalties regime coming into effect in April 2008, here is a brief overview of what they are and how to avoid them.

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.

Misleading marketing - the cost of getting it wrong

Thu, 07 Aug 2008 00:00 GMT

The Business Protection from Misleading Marketing Practices Regulations ("BPR's") and the Consumer Protection from Unfair Trading Regulations ("CPR's") came into force on 26 May 2008. Both sets of Regulations play a part in harmonising laws across the EU.

Consumer Protection from Unfair Trading Regulations 2008: Impact on the Finance Industry

Tue, 05 Aug 2008 00:00 GMT

The new Consumer Protection from Unfair Trading Regulations 2008 have wide-reaching implications for all sorts of businesses. Here, partner and head of asset finance Joanne Davis looks at how they might affect the finance sector.

Appeal win is good news for defendant companies

Tue, 05 Aug 2008 00:00 GMT

A recent Court of Appeal decision has clarified the position with regard to s.3(1) of the Health and Safety at Work Act 1974 and specifically the concept of �risk'.

Takeover tax planning: How loan notes can help

Mon, 04 Aug 2008 00:00 GMT

With appropriate structuring of takeovers, sellers can benefit from tax savings by receiving loan notes.

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.

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.

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.

Driving at work: the health and safety implications

Mon, 28 Jul 2008 00:00 GMT

Driving is the most dangerous work activity that most people undertake. An average 20 people are killed and 250 seriously injured every week in crashes involving someone who was driving, riding or otherwise using the road for work purposes.

Partnership approach best for flood risk

Mon, 28 Jul 2008 00:00 GMT

The disastrous floods during the summer of 2007 caused billions of pounds worth of damage and resulted in untold misery for many thousands of people.

Further concern for landlords after spate of boiler explosions

Mon, 28 Jul 2008 00:00 GMT

A new Safety Alert concerning solid fuel back boilers has been issued by the Health and Safety Executive after a spate of explosions, one of which led to a fatality.

Knife sales: Undercover kids

Thu, 24 Jul 2008 00:00 GMT

The BBC reported that in the five years leading up to 2006 no-one was jailed for selling a knife to a child in England and Wales.

Consumer Credit Act pitfall for shared equity schemes

Thu, 24 Jul 2008 00:00 GMT

The slow-down in the housing market is prompting developers to look for more innovative ways to encourage sales of residential properties.

Collecting and delivering goods safely

Fri, 11 Jul 2008 00:00 GMT

Every year in the UK about 70 people are killed and 2,000 seriously injured in accidents involving vehicles in and around work places - a significant number of those are during the everyday essential business activity of collecting and delivering goods.

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.

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.

Landlords must have robust gas safety procedures

Mon, 09 Jun 2008 00:00 GMT

Over recent months there have been a number of high profile cases which have been reported about gas incidents in properties owned or managed by housing landlords.

Update on latest cartel fines: Belgian removal cartel and synthetic rubber cartel

Thu, 10 Apr 2008 00:00 GMT

The European Commission has continued to take tough action against cartels, imposing large fines on a Belgian removal cartel and a Nitrile Butadiene Rubber (NBR) cartel.

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.

Commission imposes fine on E.ON for breach of a seal during an inspection

Thu, 10 Apr 2008 00:00 GMT

In May 2006, as part of an investigation into suspected anti-competitive practices in the German electricity market, the Commission carried out a surprise inspection - or "dawn raid" - of E.ON premises.

The Consumer Credit Act 2006 - are you ready?

Sun, 06 Apr 2008 00:00 GMT

On 6 April 2008 the financial limit is being removed for all consumer credit lending and two new exemptions are being introduced being a business exemption, which only applies to lending over a certain amount, and a high net worth exemption.

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.

�No purchase necessary' just became unnecessary

Mon, 31 Mar 2008 00:00 GMT

The familiar phrase �No purchase necessary' could soon start to disappear from product promotions.

When does a free prize draw become a lottery? - The new Gambling Act 2005

Fri, 28 Mar 2008 00:00 GMT

Prize competitions and free draws are free of statutory regulatory control under the Gambling Act 2005 (the Act). Public lotteries, however, must operate under a licence.

Minimising the risk of discrimination

Tue, 25 Mar 2008 00:00 GMT

According to the Equality and Human Rights Commission there are 10 million people in the UK who have rights under the Disability Discrimination Act 1995.

Executing documents - removing red tape

Tue, 25 Mar 2008 00:00 GMT

With effect from 6th April 2008, a company will be able to execute deeds and documents with the signature of only one director, attested by a witness.

Controlling property costs

Wed, 19 Mar 2008 00:00 GMT

Occupying commercial premises is a necessary evil for most retailers but there are some tactics which, if deployed, could add up to some substantial cost savings.

Penalties for employing illegal workers set to soar

Wed, 30 Jan 2008 00:00 GMT

With new penalties to tackle illegal working coming into force, employers need to ensure that they are fully up to speed on checking employees' right to work in the UK. Be warned, the penalties are increasing significantly and will not be avoided easily.

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.

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.

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.

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.

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.

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.

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.