Insights & News
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Ask About… Retail, Fashion and Hospitality
16 November 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 Lucy...
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Andrew Wanambwa writes for FT Adviser: Unexplained Wealth Orders
15 November 2018In an article for FT Adviser, Andrew Wanambwa discusses the powerful new weapon in the armoury of enforcement agencies, unexplained Wealth Orders (UWOs).
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High Court backs recruitment agency seeking to enforce non-solicitation and non-dealing clauses against former employee
14 November 2018A court has awarded an interim injunction to a recruitment business, Berry Recruitment Limited (“Berry”), to prevent a former employee from soliciting and dealing with its clients and candidates.
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Let Lachaux begin - Landmark defamation case in the Supreme Court
14 November 2018Today the Supreme Court is hearing the second and final day of the appeal in the case of Lachaux v Independent Print and another against the Court of Appeal decision. Centre stage will be section 1(1) of the Defamation Act 2013, which, although has been discussed at length in this case so far, still requires clarification.
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Out of court appointments of administrators: a return to reason
13 November 2018When appointing administrators out of court, there is requirement to specify the date and time the appointment is made. This is a development arising since April 2017 as a result of the Insolvency Rules 2016 coming into force. Given that appointments are generally effective at the point of filing, it has been unclear how (absent a crystal ball) practitioners should address the requirement when preparing the Notice of Appointment form. A recent High Court decision resolves the issue, confirming that a notice making reference to a future filing is acceptable.
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The one thing that is settled in the Brexit deal - Settled Status System for EEA nationals testing phase results
13 November 2018Whether we have a Brexit deal on 29 March 2019 or not, the UK is more than likely to be going full steam ahead with the Settled Status System (“SSS”). Largely because there are no realistic options for a new system at this stage; all the time and money available has already been invested into the SSS. The Home Office themselves are the first to admit this and assure anyone that asks, that they can be fairly certain to rely on the SSS going ahead regardless.
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Brinsley Dresden writes for Campaign: Iceland's difficulty with 'Rang-tan' film highlights Clearcast's unusual status
12 November 2018In an article for Campaign Live, Brinsley Dresden comments on the decision to stop the running of Iceland's Christmas ad highlighting the threat of palm oil cultivation on the advice of Clearcast, the broadcast advertising clearance body, which expressed worries that Greenpeace's involvement contravened BCAP rules against advertising with political objectives.
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Employer NICs on termination payments delayed again
01 November 2018The Government’s plan to make termination payments in excess of £30,000 subject to employer national insurance contributions (“NICs”) has been delayed for a second time and will now take effect from April 2020.
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Sports Q&A - Are the new guidelines on influencer marketing relevant to Sport?
01 November 2018The requirement for influencers to use #Ad to ensure their promotion of brand partners on social media are clearly identified as advertising is not new. However recent guidelines issued jointly by the relevant regulators is a sharp reminder that they’re taking this seriously.
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Dispute Resolution Update - October 2018
01 November 2018Welcome to our October 2018 Dispute Resolution Update which brings you news and our views on law and practice for dispute resolution. We’ve included articles on domestic disputes and international disputes, including summaries of recent cases. We have also included client guides on key aspects of dispute resolution.
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The new EU Posting of Workers Directive – implications for employers
01 November 2018New EU legislation adopted earlier this year aims to establish a balanced framework with regard to the protection of workers posted from one EU country to another and the freedom to provide services. What might be the impact on employers in the UK, and how could this be affected by Brexit?
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Legal Professional Privilege Update
30 October 2018This guide is intended to provide a brief overview of legal professional privilege, updated following the Appeal Court’s judgment in SFO V ENRC. It identifies some practical steps which will help to maintain privilege and concludes with a privilege “flowchart” and table of commonly used terms.
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Private sector needs to operate new IR35 rules for contractors from April 2020
30 October 2018The Chancellor has confirmed that with effect from 6 April 2020 businesses in the private sector which engage contractors - individuals who supply their services via their own company or partnership (“Intermediary”) - will be responsible for determining whether the IR35 rules apply. If the business considers that IR35 applies, the person paying the Intermediary will be responsible for operating PAYE and NICs on the fees it pays to the Intermediary.
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Don't be caught out by the new data protection fee!
30 October 2018The ICO has recently announced that it is actively taking enforcement action against organisations for failing to pay the new data protection fee. This article intends to provide a quick recap of the fee to help ensure your organisation does not get caught out!
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Alex Kelham comments for City A.M: 'Why has Colin Kaepernick filed a trade mark of his image?'
30 October 2018In an article for City A.M, Alex Kelham comments on former San Francisco 49ers quarterback Kaepernick seeking to protect his assets by filing a trade mark in the US and discusses athletes' efforts to protect their personal brands.
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Professional Representation before the EUIPO in a Post-Brexit World
30 October 2018Whilst the status of, and procedures affecting, EUTMs and other EU IP rights in a post-Brexit world are a concern for brand-owners, UK trade mark professionals face an additional headache in that there is a significant risk that their ability to represent clients before the EUIPO may shortly be lost. This is an important issue, as acting on matters before the EUIPO will account for over half of trade mark and design related revenue for many firms.
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Budget 2018. What a wonderful surprise! No really, you shouldn’t have!
30 October 2018It was my birthday recently, so I was delighted when the Chancellor told me he had got me a present. A Budget! It was a little late, distinctly homemade, and wrapped in a spreadsheet (natch) - but I was fascinated to find out what was inside. In other words, here is a selection of key tax changes for business that were announced in the Budget.
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Unexplained Wealth Orders
29 October 2018The English courts have handed down their first judgment concerning Unexplained Wealth Orders. As a result of the judgment the wife of a foreign ex-banker faces losing UK property worth millions of pounds unless she can explain the source of her wealth. Set out below is an introduction to Unexplained Wealth Orders, how such orders can be resisted and the recent judgment handed down by the High Court. We also identify some key issues concerning Unexplained Wealth Orders which remain unresolved.
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Tribunal time limit calculator
25 October 2018We have created a free calculator which will automatically calculate Employment Tribunal time limits.
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Corporate Governance and Insolvency reforms
25 October 2018The UK Government is implementing measures to strengthen corporate governance and insolvency laws. The aim is to increase accountability, improve creditor protection and promote company rescue. This note comments on a selection of the proposals which were published at the end of the summer.