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Digital, Commerce & Creative 101: Implementing Electric Vehicle Schemes
16 July 2024Employers are increasingly implementing salary sacrifice EV schemes, and with good reason! Not only can these schemes provide a (welcome) reduction in employer national insurance (NI) costs but they can reduce employee tax and NI, and provide staff with access to healthy discounts on the purchase price of EVs. They are also a convenient way for employers to help staff achieve a greener form of driving and can contribute towards an organisation’s own ESG goals. This type of ‘benefit’ can also be another way to help retain staff and to attract new talent, especially those for whom sustainability is an important factor in their choice of employer.
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Shiny talent, shady dealing: the case of Mauro Milanese v Leyton Orient Football Club
24 August 2016The fallout from senior level football terminations rarely extends to a trial in the High Court. Most disputes are settled or go to arbitration, which is a private process. Leyton Orient’s sacking of its Director of Football Mauro Milanese, however, prompted Milanese to sue the club for wrongful dismissal, and the case went to trial in March 2016. Judgment was given in May 2016.
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Supreme Court decision on professional negligence and loss of chance: Perry v Raleys Solicitors
21 February 2019The Supreme Court has upheld the appeal of a firm of solicitors defending a professional negligence claim and helpfully reiterated well-established principles about the approach the court must take when considering the issue of causation in loss of chance cases. The decision clarifies what has to be proved in cases where the question for the court depends on what: (a) the claimant would have done (which the claimant must prove to the usual standard ‘on the balance of probabilities’); compared with (b) what others would have done (which are better assessed on a loss of chance basis).
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Lloyd v Google – the Supreme Court decision and its impact on data litigation
09 December 2021Now that the dust is settling on the long-awaited judgment of the Supreme Court in Lloyd v Google, it is worth reflecting how we ended up here, as well as what it means for the future of data litigation. After all, Lloyd v Google [1] was the case that was set to determine whether floodgates would open in the UK when it comes to ‘opt-out’ data & privacy class actions.
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“(Section 55) Shades of Gray” - using the Data Protection Act to prevent employees misusing or taking data
27 February 2017A recent case has highlighted a potentially helpful mechanism in the Data Protection Act 1998 (“DPA”) for employers to use if they are concerned about employees taking data when they leave.
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Is the use of contact tracing apps the answer for organisations to get out of lockdown?
29 April 2020Contact tracing apps are gaining momentum as a possible way out of lockdown. However their success will ultimately turn on the extent to which they are installed and used correctly.
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US/UK M&A: Disclosure
04 April 2024The disclosure exercise against the warranties contained in the share purchase agreement (SPA) is a common element of an M&A transaction on both sides of the Atlantic Ocean. In this article we will identify some of the different approaches taken in relation to disclosure in the UK and the US.
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US/UK M&A: restrictive covenants
09 July 2024In this article we will look at what restrictive covenants are, how they are used in M&A transactions in the US and UK and whether there are any changes on the horizon that may alter this approach in the future.
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Our latest Brexit update on immigration
16 November 2017The UK Government published a Brexit update with the notion that it would relieve worried EEA nationals in the UK and let everyone see how lovely the UK Government intend to be over the end of free movement. This somewhat backfired when the European Parliament then said the proposal was “inadequate”.
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The long-awaited update to Hong Kong’s copyright regime - Copyright (Amendment) Ordinance 2022
17 March 2023On 17 February 2023, the Government published in the Gazette the Copyright (Amendment) Ordinance 2022 (Commencement) Notice.
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Lewis Silkin's adlaw blog round up of February
06 March 2019Welcome to the latest roundup of news and insights from our adlaw experts. You can also visit the adlaw blog where you’ll find many more posts about developments in legal and regulatory issues affecting the advertising and marketing sector.
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Terminating contracts: breaking up is never easy...
12 February 2020The UK has now left the EU. However, the precise terms of our departure are as yet unclear. In the face of uncertainty, prudent businesses are assessing contracts, their cost base and their exposure to currency fluctuations. As part of such a review, the well-prepared need to develop exit strategies where arrangements have become, or will become, unprofitable.
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Setting up a competing business
03 September 2020Many owner-managers and entrepreneurs plan to start new businesses in the same space as their current one. Managing this transition effectively is often the key to success in the new business and getting it wrong can result in the new business failing before it has even started.
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Unsafe property causes death, but still no claim allowed
02 November 2017A man visits a friend at his flat, falls down the stairs of the building (which are unsafe) and is killed. You would expect his widow would be able to sue the owner of the building in respect of her loss wouldn’t you?
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Employment Appeal Tribunal confirms that an employer’s attempt to bypass collective bargaining was unlawful
10 January 2018A recent decision of the Employment Appeal Tribunal (“EAT”) has confirmed that offers made directly by an employer to its employees risk amounting to unlawful attempts to bypass collective bargaining contrary to s145B of the Trade Union and Labour Relations (Consolidation) Act 1992. This was a costly exercise for the employer as they were ordered to pay penalties of more than £400,000.
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Industrial action - summary judgment refused despite union’s ‘improbable’ defence
21 May 2020The High Court has considered a case which the employer, Royal Mail, alleged was a “classic case of unballoted strike action done at the instigation and with support of local officials”. The court refused an application for summary judgment, despite finding the trade union’s defence to be “improbable”.
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Data breaches under the GDPR - will the sky come crashing down on British Airways?
11 September 2018Between 21 August and 5 September, British Airways (“BA”) suffered a data breach - in essence, its systems were “hacked”. This has affected the personal data of around 380,000 individuals. Following an announcement through BA’s Twitter account, the story was quickly picked up by mainstream media outlets, demonstrating the significant publicity that such events can generate in a short space of time.
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Labour market policy and employment law under a Keir Starmer-led government: a recent report may offer a crystal ball
03 January 2024Can we see a glimpse into the future approach of a Labour government to labour markets and employment regulation from the recent Resolution Foundation report?
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UK election 2024: Digital, Creative and Commercial reforms
02 July 2024What digital, creative and commercial law changes should we expect after the UK general election? We’re listing the key pledges in our tracker. This article has been updated to include relevant SNP manifesto commitments.
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English courts and overseas defendants: jurisdiction challenges and the “two-fold test”
15 January 2018When a dispute involves a foreign party or events that took place in another jurisdiction, questions often arise as to where the dispute should be determined.