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Court orders summary judgment against employer for failure to reimburse expenses incurred for the benefit of the business
28 June 2023On 6 April 2023, the Court of First Instance granted summary judgment to a former employee of a Hong Kong company for various payments and benefits owed to the employee.
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Commercial Court confirms that Recast Brussels Regulation does not permit intra-EU anti-suit injunctions
21 August 2018The decision in Nori Holdings has reaffirmed that West Tankers remains an authoritative statement of EU law, providing welcome clarity following the introduction of the Recast Brussels Regulation and Advocate General Wathelet’s comments in Gazprom. However, whether or not the UK courts will regain the ability to grant anti-suit injunctions restraining proceedings in EU courts after the UK leaves the EU remains to be seen.
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Advertising foods high in fat, sugar or salt (HFSS)
07 December 2023Advertising of HFSS foods is under a lot of scrutiny in the UK due to the obesity crisis, but recently has been put more on a back burner by the UK government due to the cost-of-living crisis and opposition to proposed legislative measures from some government MPs. Advertising HFSS products is already tightly regulated in the UK, but there are new rules on the horizon.
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John Lewis and adam&eveDDB successfully defend copyright claim
03 April 2023A claim that John Lewis and adam&eveDDB (“adam&eve”) copied a children’s author in creating the 2019 John Lewis television commercial and an associated book has been rejected by a High Court judge in London. The court found John Lewis and adam&eve had created the ad and book independently. The court also made an order that the unsuccessful claimant publicise the failed claim on her website and social media accounts.
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Engineered for success or running out of fuel Immigration and the automotive industry
03 August 2016The manufacture of cars and commercial vehicles has increased enormously – more than 25% in the last 10 years. In the UK, car production has increased by over 5% between 2014 and 2015.
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The Future Fund: can it be both a success and a failure?
29 May 2020The UK Government opened its Future Fund for applications on 20 May. It is widely reported that on the first day applications for its matched funding exceeded £500m. These applications are to be processed and, if successful, funds are to be released within 21 days. This all sounds impressive, but there are siren voices. Why is that?
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Brexit legal challenge succeeds
03 November 2016The High Court has decided that the Government does not have prerogative powers to give the Article 50 notice terminate the UK’s membership of the EU.
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Hong Kong employer succeeds in enforcing a 6-month non-compete clause
02 November 2021The Court of First Instance recently upheld a 6-month non-compete clause and granted an injunction against a former employee preventing him from working for a competitor of his former employer until the non-compete period had expired. This demonstrates that a well-drafted non-compete clause can be an effective way to protect the interests of an employer.
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Digital, Commerce & Creative 101: DMCC Act and subscriptions
12 September 2024The Digital Markets, Competition and Consumers Bill is currently passing through the parliamentary process, and among other things, it introduces comprehensive new rules for subscription contracts with consumers. Although it is a moving feast as the Bill passes through the UK parliament, this guide aims to give an overview of the new rules.
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Convertible loan notes and/or advance subscription agreements as a source of emergency funding: FAQs
07 April 2020Convertible loan notes and advance subscription agreements are typically used as alternatives to equity fundraising by growth companies or more established businesses looking for short term financing to get them to their next equity round (so-called “bridge financing”)
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Exit Series part 3: The power of subletting for corporate occupiers
26 July 2023Exiting an office space can have implications for your business. By being well prepared and understanding your legal position, you can get it right first time and avoid any costly delays. In part three of this series, we discuss subletting, a flexible solution for corporate occupiers.
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Dealing with Data Subject Access Requests
27 October 2020Receiving a Data Subject Access Request (a ‘DSAR’) can be tricky for any organisation. In addition to the additional work created for overstretched IT, HR and data privacy personnel, the potentially thousands of documents that a DSAR can cover need to be analysed, redacted and reproduced for the data subject, all within the deadline of a calendar month.
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Discrimination and bias in AI recruitment: a case study
31 October 2023Barely a day goes by without the media reporting the potential benefits of or threats from AI. AI is being used more and more in workplace decisions: to make remuneration and promotion decisions; to allocate work; award bonuses; manage performance and make dismissal decisions. One of the common concerns is the propensity of AI systems to return biased or discriminatory outcomes. By working through a case study about the use of AI in recruitment, we examine the risks of unlawful discrimination and how that might be challenged in the employment tribunal.
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The new Graduate route - considerations for employers and students
08 July 2021The new Graduate route went live on 1 July 2021, opening up a flexible unsponsored route for eligible international students to stay in the UK after graduation. It has some advantages and drawbacks which employers and students should be aware of before deciding whether it is the preferred immigration option in all the circumstances.
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How to structure employee remuneration packages after Covid-19?
01 September 2021A principal concern for employers has always been finding the best way to retain and incentivise key staff. In the wake of Covid-19, with employers facing skills shortages, that concern has increased not only for key staff but also the wider workforce. With many businesses dealing with escalating costs and cash flow difficulties, how can employers ensure that their remuneration packages are competitive?
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Global Climate Strike – five key questions for employers
09 September 2019On Friday 20 September 2019, an unprecedented ‘Global Climate Strike’ is set to take place. Millions of employees across the world are being invited to walk out of their workplaces. What are the implications for employers?
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Labour party proposals to strengthen rights and protections – spotlight on employment status
03 July 2023In this article in our series exploring the Labour party’s proposals to reform employment law in the event of a change in government at the next general election, we spotlight their proposals on employment status. If implemented, these proposals will have a significant impact on all businesses, but particularly those with flexible business models heavily reliant on workers.
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A change in the high street - the hub and spoke approach?
23 November 2020One of the upsides of lockdown has been the wealth of information available through webinars, when experts in their relevant fields, who are usually too busy to disseminate their expansive knowledge, are able to share their views.
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Furlough – planning an exit strategy
23 April 2020The government’s Coronavirus Job Retention Scheme is currently due to end on 30 June 2020 (having been extended from 31 May). 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 furlough exit plans.
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Gender pay gap reporting – the story so far
25 September 2017It’s a little over five months since the first “snapshot date” of 5 April 2017 and less than seven months before the final deadline for employers with 250 or more UK staff to publish their first ever gender pay gap reports without incurring the wrath of the Equality and Human Rights Commission. This seems as good a point as any to ask the question “Where are we now?”