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Brexit: where are we now on immigration?
21 October 2019With uncertainty continuing over the Brexit process and how events in Parliament and the Courts may unfold over the coming days, we have taken the opportunity to provide a summary of the immigration implications of a deal and no-deal Brexit, as well as some action points for employers and individuals.
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Financial Fair Play – Where Are We Now?
28 October 2019Lewis Silkin’s Sports Business Group are delighted to invite you to their discussion forum on Financial Fair Play - Where Are We Now? The event will be held at Lewis Silkin, 5 Chancery Lane in the heart of London.
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Dismissal unfair where investigating manager was motivated by dislike of employee's union activities
03 December 2019An employee was unfairly dismissed because the disciplinary process was manipulated by a manager who was motivated by dislike of the employee’s trade union activities, the Employment Appeal Tribunal (“EAT”) has confirmed. This was despite the fact that neither the disciplinary nor appeal manager was influenced by prejudice against union activities.
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Dismissal unfair where decision-maker not given accurate information
27 February 2020The dismissal of an employee for gross misconduct was unfair because the investigating officer failed to share significant new information with the manager conducting the disciplinary hearing who decided to dismiss, the Employment Appeal Tribunal has ruled.
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Where’s the regulator in Stormont’s proposed gambling reforms? Rory Campbell comments for BBC's The Nolan Show
02 February 2022Where’s the regulator in Stormont’s proposed gambling reforms? Legal experts Rory Campbell discusses.
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What is the Metaverse: where we are and where we’re headed
12 September 2022The Metaverse has featured widely in future predictions for where digital innovations will take us next, creating a landscape both confusing and richly rewarding if you know how to navigate it that could transform the way we work, socialise, and more online.
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Covid: Where are we now?
14 September 2023With two new variants, the number of cases rising globally and experts claiming the UK is in the middle of another covid wave, covid is back in the headlines. We look at the current government guidance, common workplace issues and what it all means for employers.
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The employee voice, social media and the culture wars - where to draw the line?
30 November 2023Employers are walking the tightrope between ensuring an open and inclusive workplace, inviting employees to bring their “whole selves” to work, yet protecting against discrimination, harassment and an outbreak of culture wars. Knowing whether and when to step in can be a challenge, particularly in the age of social media and instant communications.
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The new football agent regulations – where are we now?
03 January 2024Those working in the football industry were given a Christmas treat over the festive period. Firstly, after many months of uncertainty and waiting, the FA finally confirmed on 21 December 2023 that the FA’s new Football Agent Regulations will enter into force on 1 January 2024 and will supersede The FA’s Working with Intermediaries Regulations.
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Navigating the UK's Digital Regulation Landscape: Where are we headed under Labour?
18 June 2024The success of the UK’s digital sector and regulatory regime is also inextricably linked to the wider world - ideas, talent, research and investment flow across borders, and our ability to invent and market innovative technology is critical.
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Former BHS directors in breach of duties and personally liable despite taking professional advice on insolvency. Where does this leave directors of distressed companies?
02 July 2024The High Court has handed down a 533-page judgment in proceedings brought by the liquidators of BHS against its former directors for wrongful trading and misfeasance trading, finding them personally liable for at least £18 million. The case is of great significance to directors of distressed companies. We analyse some key points arising.
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When councils can charge planning agreement fees and when they cannot
03 June 2015We have written an article for Waste Planning magazine on the requirements for planning applications for waste related schemes.
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When “logos” turn into “no-goes” (Brands & IP Newsnotes - issue 1)
27 September 2015As we move even deeper into an age of digital advertising and social media, it is becoming increasingly important for businesses to have a short hand for their brand; something which denotes the business, stands out as a guarantee of origin and makes the brand instantly recognisable. We’re talking about logos.
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When will a court override an exclusive jurisdiction clause?
30 November 2015In Jong v HSBC Private Bank (Monaco) SA [2015] EWCA Civ 1057, the Court of Appeal upheld the decision of HHJ Purle QC not to override an exclusive jurisdiction clause, setting out the factors to be balanced in the exercise of the court's discretion.
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When a loss becomes a gain: accounting for gains made when mitigating losses
01 February 2016Following a breach of contract, the innocent party is usually entitled to damages. Broadly speaking these are set at a level required to put them in the position they would have been had the contract been performed properly. However, there is no entitlement to recover for avoidable loss and so this gives rise to what is sometimes referred to as a “duty” to take all reasonable steps to mitigate one’s loss. If the steps taken increase the loss overall, the increased figure is recoverable. On the other hand, if steps taken in mitigation are successful, the wrongdoer is entitled to the benefit accruing and their liability is for the resulting loss as lessened. But what happens when the claimant’s steps to mitigate are so effective that he makes a profit, wiping out any loss arising from the breach?
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Highly unattractive: Court criticises complaints raised for the first time when resisting enforcement
04 February 2016The Commercial Court denied an application to resist enforcement and recognition of a French judgment on the basis of public policy. The court reiterated the exceptional nature of the public policy carve out in the Brussels Regulation (44/2001) particularly in circumstances where the grounds relied on by the applicant could have been raised in the foreign court itself.
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When does notice to terminate an employment contract take effect?
30 March 2017The Court of Appeal has ruled that, in the absence of an express contractual term, written notice to terminate a contract of employment is only effective when it is received personally by the employee.
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Alex Kelham comments for The Times: When HMRC looks to the stars
04 May 2017Alex Kelham has been quoted in an article for 'The Times' which discusses how disputes over image rights are increasingly about income and tax.
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When does a chat with competitors become illegal?
09 October 2017We all have discussions with counterparts in our industries. Those conversations are often vital to share knowledge, address common issues, and lobby for change. However, conversations with competitors can easily stray into dangerous territory, leading to potentially cartel behaviour.
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When does service provision change amount to transfer of an economic entity?
31 January 2018The European Court of Justice (“ECJ”) was recently required to consider whether the award of a service contract to a replacement contractor in Portugal amounted to the transfer of an economic entity under the EU Acquired Rights Directive (“ARD”). Portugal has no equivalent legislation to the UK’s service provision change (“SPC”) rules