Insights & News
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Litigation privilege and the ‘dominant purpose’ test: ENRC decision applied
07 January 2019Did last year’s landmark Court of Appeal decision in Serious Fraud Office (“SFO”) v Eurasian Natural Resources Corporation Limited (“ENRC”) alter the application of the ‘dominant purpose’ test for litigation privilege where a document is brought into existence for multiple purposes, one of which is for use in litigation? The answer is ‘no’, according to a recent decision by the High Court. The Court confirmed the well-established principle that, for a claim to litigation privilege to succeed where a document is created for more than one purpose, litigation must be shown to be the dominant purpose on the facts.
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Renewed focus on modern slavery statements
20 December 2018The Home Office has recently sent out letters reminding organisations of their obligations to publish statements under the Modern Slavery Act 2015 (“MSA”). The letter suggests various actions organisations need to take in response and indicates that organisations that fail to comply with their legal obligations risk being included in a published list of non-compliant organisations. So what should organisations be doing in response and what are their legal obligations?
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Court of Appeal rejects Uber's worker status appeal
20 December 2018The Court of Appeal (“CA”) has upheld, by a 2:1 majority, the ruling of the Employment Appeal Tribunal (“EAT”) that drivers engaged by Uber are “workers” rather than independent contractors. The majority also upheld the finding of the Employment Tribunal (“ET”) that drivers are working when they are signed into the Uber app and ready to work.
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UK government publishes long awaited immigration white paper
19 December 2018The long-awaited immigration white paper on the UK immigration system due to be phased in from 1 January 2021 has been published today.
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Encouraging ADR: Civil Justice Council publishes final report
19 December 2018Back in 2016, the Civil Justice Council (“CJC”) set up an alternative dispute resolution (“ADR”) working group to review the ways in which ADR currently is encouraged and positioned within the civil justice system in England and Wales. The terms of reference included the review of existing forms of encouragement for mediation (and other forms of ADR) in civil cases in the Civil Procedure Rules, case law and the powers of the court, to consider alternative forms of encouragement and assess proposals for reform. The Working Group has now published its final report.
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The Good Work Plan – any good?
19 December 2018A year and a half since Matthew Taylor completed an extensive review of modern employment practices and published his report and recommendations, the Government has published details of its “Good Work Plan” setting out proposals to reform employment law in various areas.
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NEW ICO guidance on “Data protection if there’s no Brexit deal”
18 December 2018With uncertainty about Brexit continuing to dominate the headlines, the Information Commissioner’s Office (“ICO”) has released some useful and practical guidance on key data protection issues if there is no Brexit deal.
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Sports Q&A – Privilege in internal investigations
18 December 2018We sometimes need to conduct internal investigations, which can often relate to quite sensitive matters (which we would prefer not to be made public). However, I’ve heard that the content of these investigations is not always privileged. How does privilege work in internal investigations and do you have any tips about how to preserve it?
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How should hospitality employers deal with third-party harassment at Christmas parties?
17 December 2018“Christmas time is here by golly; disapproval would be folly; Deck the halls with hunks of holly, fill the cup and don’t say when”, as the legendary American satirist Tom Lehrer once sang. But Christmas party season can be a mixed blessing. The day after the office party, you will find many HR managers bracing themselves to hear what happened the night before…
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Preventing illegal working: employers able to rely on online right to work checks from 28 January 2019
14 December 2018In some circumstances employers will be able to use the Home Office Right to Work Checking Service available on GOV.UK from 28 January 2019 to obtain a statutory excuse against payment of a civil penalty for employing an illegal worker, without having also to check the individual’s physical documents.
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Ask about… Retail, Fashion & Hospitality
13 December 2018Many of our clients in the retail, fashion and hospitality sector face similar HR issues. Each month one of the members of our team will identify an issue, ask how you would deal with it and provide our advice. This month we asked Anna...
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The new visa route for recognised or emerging leaders in architecture: what does this mean for the architectural sector?
13 December 2018The Government has announced a new immigration category for overseas recognised or emerging leaders in architecture that has the potential to ease access to jobs in the UK. With Brexit looming on the horizon, this news will provide some much needed reassurance that the UK’s Architecture sector will still be able to attract the best global talent over the coming years. However the new measures are limited in their scope and are unlikely to plug the gap that will be left once freedom of movement for EU workers comes to an end.
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Can / should someone who is not a director be invited to join a committee of the board?
13 December 2018Even if a company’s articles of association permit a committee of the board of directors of a company to comprise or include persons who are not directors, is it sensible for such a committee to be appointed? Are there benefits? This article explores this question.
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Disclosure Pilot Scheme already making an impact as High Court orders list of “issues for disclosure”
12 December 2018The mandatory Disclosure Pilot Scheme may not start in the Business and Property Courts of England and Wales (“BPCs”) until 1 January 2019, but it seems the courts are already taking the new rules into account. In one reported case, the High Court has ordered a separate “list of issues for disclosure”, which will have to be jointly completed by the parties as part of the new Disclosure Review Document required under the Pilot Scheme.
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Tier 1 (Investor) applications are still being accepted but changes to the Immigration Rules have been announced
12 December 2018The Home Office has confirmed to the Immigration Law Practitioners’ Association on 11 December 2018 that the Tier 1 (Investor) route currently remains open but that a further announcement on this will be made in due course. The correspondence also confirms that any suspension of the route will be effected through a Statement of Changes in Immigration Rules. This follows reporting by various news outlets including the Times and The Guardian on Thursday last week that the route was to be suspended as of the end of that day.
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How will the Brexit endgame play out?
10 December 2018This week is a crucial one for the Brexit process, with Parliament due to vote on the draft Withdrawal Agreement negotiated between Theresa May’s government and the EU. Even so close to the projected date for the UK’s departure on 29 March 2019, there are many imponderables and it is impossible to predict how Brexit will unfold. This article provides an employment law perspective on the current situation.
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Brexit – the “no deal” scenario
10 December 2018On 5th December 2018, the UK Government published its latest policy paper setting out what rights EU citizens will have to reside in the UK in the event the UK exits the European Union without a deal in place.
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Tier 1 Investor category suspended with immediate effect
06 December 2018The Home Office has suspended the Tier 1 (Investor) immigration category for new applications from midnight on Thursday 6th December 2018 as part of a crackdown on organised crime and money laundering in the UK. The move follows a 46% rise in applications under the route from July this year, to over 400 applications.
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Lewis Silkin appointed to Crown Commercial Service wider public sector legal services panel
06 December 2018Lewis Silkin is delighted to announce its appointment to the Government’s Crown Commercial Service (CCS) Wider Public Sector Legal Services agreement (RM3788) to provide a full range of legal services to public bodies in the UK.
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IR35 tax changes – what you need to know
06 December 2018The Chancellor announced in the Budget the latest measure to combat what HMRC calls “false self-employment”, aimed at those who supply their services via their own company.