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Clarifying the boundary of regulated activities: Financial Conduct Authority v 24Hr Trading Academy Ltd

29 March 2021

On 25 March 2021, the High Court delivered summary judgment in FCA v 24Hr Trading Academy Ltd regarding breaches of the general prohibition and restriction on financial promotion by a financial education firm. The FCA sought injunctive relief and restitution.

Lloyd v Google – the Supreme Court decision and its impact on data litigation

09 December 2021

Now 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.

NYT v OpenAI: The Publishing Sector’s AI Content-Scraping Conundrum

19 January 2024

Text and Data Mining (TDM) – and “web scraping” more generally – has been thrust into the spotlight with the recent explosion of Generative AI. At the heart of the issue lies a tension between AI companies on the one hand and publishers on the other.

Sports Q&A: How is AI being utilised in Sport?

30 May 2023

The use of data in sport is a well-established practice: sports teams, institutions, and governing bodies have a long history of leveraging data science to enhance the performance of athletes and players, with the goal of achieving a competitive advantage and improving the quality of the game.

Business as (un)usual - how to manage a return to business after Covid-19

24 April 2020

The UK’s lockdown has been extended until at least 7 May 2020 and there may then be a further extension. When it is eventually lifted, measures for a gradual and phased return to the workplace are likely to be imposed, with social-distancing measures remaining in place. You need to start thinking now about how to manage this process.

UsToo? – Addressing bullying and sexual harassment in the legal profession

16 May 2019

Earlier this week, the International Bar Association published its report on bullying and harassment in the legal profession. The message is clear – as a profession we are not meeting the highest standards of conduct which are integral to our positions as bastions of the law. We must change within the profession, and take responsibility for driving wider societal change.

“(Section 55) Shades of Gray” - using the Data Protection Act to prevent employees misusing or taking data

27 February 2017

A 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.

Sports Q&A - Are clubs allowed to ban their players from using social media?

27 September 2018

This month’s question was inspired by comments from Manchester City boss, Pep Guardiola, about his first choice left back, Benjamin Mendy. During a press conference over the summer, Guardiola suggested that Mendy should, “forget a little bit the social media and improve a few things”. Mendy, who has a huge following on both Instagram and Twitter, vowed to “listen to the manager”...though he remains incredibly active online.

AI 101: Using AI in employment – explaining decisions and addressing bias

26 March 2024

Listen here for the second in our series of podcasts on all things AI in which we’re considering some of the implications of using AI in employment related decisions.

IR35 reform: Regulations give HMRC broad power to recover unpaid tax from end users

24 January 2020

Regulations just published allow HMRC to pursue end users if agencies or other fee payers in the labour chain fail to pay IR35 tax.

1 in 3 internet users fail to question misinformation - Ofcom

01 April 2022

More than a third of internet users are unaware that online content might be false or biased, according to new Ofcom research.

Playing with fire: user-generated content on Twitter (Brands & IP Newsnotes - issue 5)

23 June 2017

The strange world of Twitter, where brands engage with their customers at their peril. The main lesson learned from the recent #WalkersWave Twitter promotion is one that brands have heard before: the British public love nothing more than a piss-take.

New ICO guidance on SARs for employers – a useful reminder on how to comply

30 May 2023

From April 2022 to March 2023, 15,848 complaints related to the right of subject access were reported to the Information Commissioner’s Office (ICO). Elanor McCombe, Policy Group Manager at the ICO, singles out employers as some of the main culprits – either misunderstanding the nature of subject access requests (SAR), or underestimating their importance.

Sports Q&A - Should mediation be used more in sports disputes?

16 October 2020

With sports disputes becoming more and more prevalent, it is more important than ever for parties to consider using alternative means to resolve disputes like mediation rather than the more traditional methods such as arbitration or court proceedings. However, whilst mediation is commonly used to resolve commercial disputes, it is not used as often in sports disputes despite its many benefits.

Use of disclosed documents to threaten new proceedings was a breach of court rules and may amount to a contempt of court by the solicitor and client

12 December 2017

The Civil Procedure Rules (CPR) provide that using documents disclosed in existing proceedings (except for the specific purposes allowed) breach the rules. CPR 31.22 provides various exceptions to when a document disclosed in a set of proceedings may be used. Any use outside of the rules could also amount to a contempt of court. Both the client who relied on the solicitor’s advice and the solicitor may be equally vulnerable to the contempt proceedings where there is no evidence of deliberate or reckless misconduct by the solicitor.

Trade Mark ‘Use’ Requirements

21 May 2019

The purpose of a trade mark registration is to protect marks that are either a) in use; b) intended to be used; or c) are not being used, but with a valid reason.

Online sales: How Covid-19 is accelerating digital transformation, and our top tips for the successful use of Agile software development

16 April 2020

During and after the C-19 environment, those businesses who adapt what they sell and adapt how they market, sell and deliver their products will be better positioned to survive and grow. The shift from bricks and mortar to online shopping has been going on years. For many, C-19 has accelerated the need for many businesses (both b2c and b2b) to transform their digital platforms. In addition, businesses are having to adapt and make radical changes to their supply chains, including logistics, so as to source and deliver a different mix of products and deliver a greater proportion of products to customer homes instead of to stores or depots.

Is the use of contact tracing apps the answer for organisations to get out of lockdown?

29 April 2020

Contact 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.

Covert recordings – does use in court justify the risk?

13 October 2020

With the ubiquity of smartphones, most people have the ability secretly to record a conversation or meeting, but in the context of proceedings before the court in England, key questions are: will the court allow covert recordings to be used as evidence? And will the maker of the recording risk liability to claims from the people recorded?

A shower of truth: government calls for evidence on use of umbrella companies

16 December 2021

The use of umbrella companies is on the rise in the UK. Umbrella companies can support a more flexible and resilient labour market, but some may be misbehaving when it comes to employment and tax laws. This article explains the government’s call for evidence and what the positive outcomes might be.