http://www.shoosmiths.co.uk/images/structure/RSSLogo.gif http://www.shoosmiths.co.uk Shoosmiths legal updates RSS Feed http://www.shoosmiths.co.uk/news/226.htm graeme.smillie@shoosmiths.co.uk (Webmaster) Fri, 01 Aug 2008 03:16:25 GMT Shoosmiths legal updates http://www.shoosmiths.co.uk/news/1414.asp http://www.shoosmiths.co.uk/news/1414.asp 2008-08-01 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 overthe years, this time its worth sitting up and listening." http://www.shoosmiths.co.uk/news/1416.asp http://www.shoosmiths.co.uk/news/1416.asp 2008-08-01 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. http://www.shoosmiths.co.uk/news/1421.asp http://www.shoosmiths.co.uk/news/1421.asp 2008-08-01 00:00 GMT News of a breakthrough drug treatment for Alzheimer's Disease is very welcome, especially in light of new statistics highlighting an increase in UK dementia cases. http://www.shoosmiths.co.uk/news/1418.asp http://www.shoosmiths.co.uk/news/1418.asp 2008-08-01 00:00 GMT When times are tough you need to know that you will be paid for the products or services you supply. http://www.shoosmiths.co.uk/news/1412.asp http://www.shoosmiths.co.uk/news/1412.asp 2008-07-31 00:00 GMT In the current economic climate many house builders are faced with the problem of surplus stock. Holding on to the properties until the economy improves is not generally an option. http://www.shoosmiths.co.uk/news/1410.asp http://www.shoosmiths.co.uk/news/1410.asp 2008-07-31 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. http://www.shoosmiths.co.uk/news/1403.asp http://www.shoosmiths.co.uk/news/1403.asp 2008-07-28 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. http://www.shoosmiths.co.uk/news/1407.asp http://www.shoosmiths.co.uk/news/1407.asp 2008-07-28 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. http://www.shoosmiths.co.uk/news/1381.asp http://www.shoosmiths.co.uk/news/1381.asp 2008-07-28 00:00 GMT The disastrous floods during the summer of 2007 caused an estimated ?3 billion worth of damage and resulted in untold misery for many thousands of people. http://www.shoosmiths.co.uk/news/1378.asp http://www.shoosmiths.co.uk/news/1378.asp 2008-07-25 00:00 GMT The residential property market is making headline news and is under scrutiny. The recent report of the Carsberg Review of Residential Property made a number of recommendations which add to the issues under debate. http://www.shoosmiths.co.uk/news/1368.asp http://www.shoosmiths.co.uk/news/1368.asp 2008-07-24 00:00 GMT Residential developers are under an increasing burden to provide environmental information to consumers as part of the home buying process. http://www.shoosmiths.co.uk/news/1365.asp http://www.shoosmiths.co.uk/news/1365.asp 2008-07-24 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. http://www.shoosmiths.co.uk/news/1370.asp http://www.shoosmiths.co.uk/news/1370.asp 2008-07-24 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. http://www.shoosmiths.co.uk/news/1376.asp http://www.shoosmiths.co.uk/news/1376.asp 2008-07-24 00:00 GMT The JCT Constructing Excellence Contract 2006 is seen as a radical departure from the JCT's more "traditional" building contracts. However, will it be used used by developers in the private and public sectors? http://www.shoosmiths.co.uk/news/1383.asp http://www.shoosmiths.co.uk/news/1383.asp 2008-07-24 00:00 GMT The facts of the case below are a sobering example of how important it is to carefully check the terms and conditions when appointing a contractor or consultant. http://www.shoosmiths.co.uk/news/1373.asp http://www.shoosmiths.co.uk/news/1373.asp 2008-07-23 00:00 GMT The Child Maintenance and Other Payments Bill is to provide that ALL those diagnosed with the asbestos related disease Mesothelioma will receive a lump sum payment. http://www.shoosmiths.co.uk/news/1362.asp http://www.shoosmiths.co.uk/news/1362.asp 2008-07-22 00:00 GMT The ECJ has delivered a ruling which extends the ambit of the UK's disability discrimination legislation to those who are discriminated against because of their association with a disabled person but who are not themselves disabled. http://www.shoosmiths.co.uk/news/1351.asp http://www.shoosmiths.co.uk/news/1351.asp 2008-07-14 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. http://www.shoosmiths.co.uk/news/1346.asp http://www.shoosmiths.co.uk/news/1346.asp 2008-07-11 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. http://www.shoosmiths.co.uk/news/1343.asp http://www.shoosmiths.co.uk/news/1343.asp 2008-07-08 00:00 GMT The European Commission has apparently decided to blaze a trail in the relatively untested area of private damages actions. http://www.shoosmiths.co.uk/news/1335.asp http://www.shoosmiths.co.uk/news/1335.asp 2008-07-03 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. http://www.shoosmiths.co.uk/news/1297.asp http://www.shoosmiths.co.uk/news/1297.asp 2008-07-01 00:00 GMT The Government published details of the new Equality Bill in a White Paper, called ?Framework for a Fairer Future - The Equality Bill? on 26 June. The Bill is expected to be introduced into Parliament in November. http://www.shoosmiths.co.uk/news/1306.asp http://www.shoosmiths.co.uk/news/1306.asp 2008-07-01 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 http://www.shoosmiths.co.uk/news/1300.asp http://www.shoosmiths.co.uk/news/1300.asp 2008-07-01 00:00 GMT The Government has published details of a proposed new right for employees to request time off work for training purposes. http://www.shoosmiths.co.uk/news/1305.asp http://www.shoosmiths.co.uk/news/1305.asp 2008-07-01 00:00 GMT ACAS has published draft guidance to accompany the new Code of Practice that is expected to come into force in April 2009 which sets out good practice for dealing with discipline and grievances in the workplace. http://www.shoosmiths.co.uk/news/1279.asp http://www.shoosmiths.co.uk/news/1279.asp 2008-06-13 00:00 GMT Relief from forfeiture is a remedy provided by the High Court allowing a customer a further opportunity to perform his contractual obligations, and is only granted in limited cases. http://www.shoosmiths.co.uk/news/1282.asp http://www.shoosmiths.co.uk/news/1282.asp 2008-06-13 00:00 GMT On 24 April 2008, the now celebrated test case on charges made by banks and building societies for unauthorised overdrafts was taken to the High Court by the Office of Fair Trading (OFT), seven UK banks and a building society. http://www.shoosmiths.co.uk/news/1275.asp http://www.shoosmiths.co.uk/news/1275.asp 2008-06-12 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. http://www.shoosmiths.co.uk/news/1256.asp http://www.shoosmiths.co.uk/news/1256.asp 2008-06-10 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. http://www.shoosmiths.co.uk/news/1252.asp http://www.shoosmiths.co.uk/news/1252.asp 2008-06-09 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. http://www.shoosmiths.co.uk/news/1289.asp http://www.shoosmiths.co.uk/news/1289.asp 2008-06-09 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. http://www.shoosmiths.co.uk/news/1217.asp http://www.shoosmiths.co.uk/news/1217.asp 2008-06-03 00:00 GMT Heyday's challenge to the UK's age discrimination law is due to be heard by the European Advocate General earlier than previously thought, a hearing has been scheduled for 2nd July http://www.shoosmiths.co.uk/news/1215.asp http://www.shoosmiths.co.uk/news/1215.asp 2008-05-28 00:00 GMT No employer likes to think that they could end up being taken to an employment tribunal by an employee. However, there are occasions when an employer is unlucky and has to deal with an employee who is determined to have their ?day in Court.? http://www.shoosmiths.co.uk/news/1203.asp http://www.shoosmiths.co.uk/news/1203.asp 2008-05-21 00:00 GMT On 20 May the Government announced that it had agreed a deal between unions and employers that will see agency workers in the UK receive equal treatment after 12 weeks' employment. http://www.shoosmiths.co.uk/news/945.asp http://www.shoosmiths.co.uk/news/945.asp 2008-05-01 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. http://www.shoosmiths.co.uk/news/746.asp http://www.shoosmiths.co.uk/news/746.asp 2008-04-10 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. http://www.shoosmiths.co.uk/news/748.asp http://www.shoosmiths.co.uk/news/748.asp 2008-04-10 00:00 GMT The European Commission has continued to take tough action against cartels, imposing fines of €32,755,500 and €34,230,000 on a Belgian removal cartel and a Nitrile Butadiene Rubber (NBR) cartel, respectively. http://www.shoosmiths.co.uk/news/750.asp http://www.shoosmiths.co.uk/news/750.asp 2008-04-10 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. http://www.shoosmiths.co.uk/news/747.asp http://www.shoosmiths.co.uk/news/747.asp 2008-04-10 00:00 GMT The OFT has published its Annual Plan which sets out its priorities for the next three years. http://www.shoosmiths.co.uk/news/749.asp http://www.shoosmiths.co.uk/news/749.asp 2008-04-10 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. http://www.shoosmiths.co.uk/news/1164.asp http://www.shoosmiths.co.uk/news/1164.asp 2008-04-06 00:00 GMT On 6 April 2008 the ?25,000 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 ?25,000, and a high net worth exemption. http://www.shoosmiths.co.uk/news/744.asp http://www.shoosmiths.co.uk/news/744.asp 2008-04-04 00:00 GMT In November 2007, we reported on the provisional findings of the Competition Commission (CC) in its groceries enquiry. http://www.shoosmiths.co.uk/news/1153.asp http://www.shoosmiths.co.uk/news/1153.asp 2008-04-02 00:00 GMT One of the Government's new planning objectives as set out in the Planning Bill, unveiled on 27 November 2007, is the introduction of the so called ?Community Infrastructure Levy?. http://www.shoosmiths.co.uk/news/1148.asp http://www.shoosmiths.co.uk/news/1148.asp 2008-03-31 00:00 GMT The familiar phrase ?No purchase necessary' could soon start to disappear from product promotions. http://www.shoosmiths.co.uk/news/1149.asp http://www.shoosmiths.co.uk/news/1149.asp 2008-03-28 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. http://www.shoosmiths.co.uk/news/1155.asp http://www.shoosmiths.co.uk/news/1155.asp 2008-03-27 00:00 GMT On 17 December 2007 the government issued a consultation document on transfers of ?high-value? (?1 million or more) residential property using special purpose vehicles (?SPVs?). http://www.shoosmiths.co.uk/news/1144.asp http://www.shoosmiths.co.uk/news/1144.asp 2008-03-26 00:00 GMT Retailers who use agency workers should note that after a long awaited decision from the Court of Appeal the current law in this area remains unchanged. http://www.shoosmiths.co.uk/news/1146.asp http://www.shoosmiths.co.uk/news/1146.asp 2008-03-25 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. http://www.shoosmiths.co.uk/news/1157.asp http://www.shoosmiths.co.uk/news/1157.asp 2008-03-25 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. http://www.shoosmiths.co.uk/news/1162.asp http://www.shoosmiths.co.uk/news/1162.asp 2008-03-25 00:00 GMT It is clear that reducing the environmental impact of property is key to the Government's drive to cut the UK's carbon emissions. Energy performance certificates will be introduced across the commercial property sector to promote behaviour change. http://www.shoosmiths.co.uk/news/1140.asp http://www.shoosmiths.co.uk/news/1140.asp 2008-03-20 00:00 GMT From 1 April 2008 full rates will be payable in England and Wales on empty business premises once initial exemption periods have expired. http://www.shoosmiths.co.uk/news/1137.asp http://www.shoosmiths.co.uk/news/1137.asp 2008-03-19 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. http://www.shoosmiths.co.uk/news/622.asp http://www.shoosmiths.co.uk/news/622.asp 2008-03-18 00:00 GMT The popularity of social networking sites is a modern day phenomenon: the use of these sites has grown at a huge rate in a relatively short space of time. We look at the problems this can cause in the workplace and what employers can do about it. http://www.shoosmiths.co.uk/news/1142.asp http://www.shoosmiths.co.uk/news/1142.asp 2008-03-05 00:00 GMT Temporary workers are often used in the retail sector to plug the labour gap over busy trading periods but retailers could be inadvertently breaching collective redundancy law when the temps are no longer needed. http://www.shoosmiths.co.uk/news/1159.asp http://www.shoosmiths.co.uk/news/1159.asp 2008-02-28 00:00 GMT The construction industry has long used collateral warranties to give contractual rights to third parties who have an interest in the development. The Contracts (Rights of Third Parties) Act 1999 offers an alternative means of providing those rights. http://www.shoosmiths.co.uk/news/672.asp http://www.shoosmiths.co.uk/news/672.asp 2008-02-27 00:00 GMT Watch Out! New penalties for illegally employing migrant workers http://www.shoosmiths.co.uk/news/664.asp http://www.shoosmiths.co.uk/news/664.asp 2008-02-27 00:00 GMT What can an employer do when a key employee leaves them for a competitor? How do restrictive covenants work and what are the common problems for employers seeking to enforce them?