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Warning to all Principals - Software may be good...
26 July 2016In recent years there has been much discussion on whether software is considered a "good" for the purpose of Commercial Agents (Council Directive) Regulations 1993 ("Regulations"). Broadly speaking, the Regulations apply to agents who sell or purchase goods (and not services) on behalf of their principal in the UK and provide such agents with extra contractual protections particularly on termination.
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FCA issues warning to CEOs of almost 28,000 credit consumer firms in light of the cost of living crisis
24 May 2022On 6 May 2022 the Financial Conduct Authority (FCA) issued a letter to almost 28,000 firms providing credit broking services or high cost lending products. Noting the fact millions are facing the biggest cost of living crisis in more than a decade, the FCA unambiguously reminded consumer credit firms they have a responsibility to not exploit these circumstances.
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Brand owners gain another tool in the war against counterfeits (Brands & IP Newsnotes - issue 3)
23 October 2016Brand owners will welcome a ruling from the CJEU over the summer that an operator of a physical marketplace can be an ‘intermediary’ for the purposes of Article 11 of the IP Enforcement Directive.
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The war in Ukraine – employment issues
03 March 2022The shocking situation in Ukraine raises some potentially tricky issues about employees who are called up to active duty or wish to join the armed forces voluntarily, and about managing relationships within the workplace.
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Sports Q&A - I want to make alterations to my sports venue due to Covid-19 – do I need any third-party consent(s) for this?
15 June 2021The answer is, maybe! This depends on a few factors, which are set out below.
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Schrems II – The Wall Street Journal reports that the Irish DPC will order Facebook to stop transfers of personal data to the United States
10 September 2020In the first major supervisory authority action The Wall Street Journal reports that “Ireland to Order Facebook to Stop Sending User Data to U.S.”. We have previously written that the key to dealing with the fallout from Schrems II is to have a calm head, and not to panic; does this decision change things?
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Court of Appeal upholds enforcement of Chinese arbitration award in England & Wales despite allegation of attempted fraud
05 July 2018One of the attractive features of arbitration is the ease of enforcement of arbitral awards in other jurisdictions. The New York Convention (the “Convention”) provides a regime by which an award made in one Convention state should be enforceable against any assets in any of the other Convention states around the world. A recent Court of Appeal decision shows that the English court will only exercise its power to refuse to recognise or enforce an arbitral award on public policy grounds in limited circumstances.
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Hague Convention - Obtaining Evidence In England And Wales For Use In Another Jurisdiction
21 July 2021Parties to proceedings in other jurisdictions often need access to evidence located in England and Wales. This guide explains how to obtain evidence in England and Wales for use in another jurisdiction.
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Enforcing arbitral awards in England & Wales
28 October 2021Where a party has obtained a favourable arbitration award in a jurisdiction other than England and Wales and the respondent to those arbitration proceedings has assets in this jurisdiction, the successful party may wish to enforce the arbitration award here. This guide will consider the steps that the successful party must take in order to be able to do so.
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A guide to the litigation process in England and Wales including disclosure in the Business and Property Courts
06 February 2024If you are involved in a dispute in England and Wales you need to know: what options there are for resolving the dispute; what litigation involves; the steps from the start of proceedings to trial; what parties to proceedings have to do; the fundamentals of court procedure; how to use legal advisers efficiently and cost effectively; and what happens after judgment.
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A guide to the litigation process in England and Wales
06 February 2024If you are involved in a dispute in England and Wales you need to know: what options there are for resolving the dispute; what litigation involves; the steps from the start of proceedings to trial; what parties to proceedings have to do; the fundamentals of court procedure; how to use legal advisers efficiently and cost effectively; and what happens after judgment.
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Ireland: The new Temporary COVID-19 Wage Subsidy Scheme
25 March 2020The Irish government has introduced the Temporary COVID-19 Wage Subsidy Scheme to incentivise employers to retain employees on the payroll where possible (replacing the emergency COVID-19 Employer Refund Scheme). What are the implications for employers?
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Ireland: Changes to Ireland’s Temporary COVID-19 Wage Subsidy Scheme announced
16 April 2020On 15 April 2020, Minister for Finance Paschal Donohoe announced a further set of changes to the recently introduced Temporary COVID-19 Wage Subsidy Scheme in the wake of recent comments in which he accepted there were certain “gaps” in the scheme.
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Ireland - Temporary Wage Subsidy Scheme – planning an exit strategy
06 May 2020The government’s Temporary Covid-19 Wage Subsidy Scheme is currently due to end on 17 June 2020. It has provided employers with some important breathing space and there is no question it has saved jobs. But as the end of the scheme draws closer, it is important for employers to start considering their exit plans.
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National Minimum Wage: as the rates rise, the safety net shrinks
16 April 2024After a hefty increase in the National Living and National Minimum Wages this year, we consider the possible implications and risks for employers. What are the key risk areas, and who is likely to be in the danger zone?
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Google vs Header - Bidders from the perspective of publishers
28 November 2016Google’s domination of the technology behind serving adverts onto websites continues to grow. But the relatively new and fast growing header bidding technology may just disrupt that. Should Google be worried? And what is best for publishers?
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Voulez-vous retoucher moi? New French law on retouching advertising images of models
03 July 2017From the beginning of 2017, French law has required the inclusion of the words “Photographie retouchée” on any photos used in a commercial context (such as advertising) in which the body shape or silhouette of a model has been adjusted using image processing software.
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Coronavirus Bill – emergency volunteering leave and SSP changes
20 March 2020The new Coronavirus Bill introduces a new form of unpaid statutory leave for volunteers, along with powers to establish a compensation scheme. It also makes changes to SSP rules.
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Calculating holiday pay new ET decision on voluntary overtime
23 August 2016Last year, we reported on a decision of the Northern Ireland Court of Appeal that voluntary overtime might have to be included in the calculation of statutory holiday pay if it was a sufficiently permanent feature of remuneration.
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Brands using vloggers transformed from poachers to be gamekeepers by the FTC
15 July 2016On Monday 11 July 2016, the United States’ Federal Trade Commission (FTC) published news of its draft settlement agreement with Warner Bros. in connection with their vlogging campaign for the launch of the video game “Middle Earth: Shadow of Mordor” in September 2014.