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Estate agent unable to claim his fee on successful property sale
17 February 2017The Court of Appeal has decided that it cannot imply contractual terms where there is no contract in the first place. In this case, it would not imply a term to enable an estate agent to recover his commission on a sale.
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Lewis Silkin advises Blend Media on successful seed funding
Deal
17 February 2017Lewis Silkin is advising innovative content start-up Blend Media on its growth strategy, and has helped the company to complete its latest round of funding.
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Chinese visa applications additional new requirements to be aware of
16 February 2017Following the recent rollout of China’s new work permit system for Chinese Business Z visas, the Chinese Ministry of Foreign Affairs has revised the requirements for photographs submitted to overseas Chinese consular and embassies with visa applications.
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Salary sacrifice arrangements
Inbrief
14 February 2017A salary sacrifice arrangement is where an employee gives up the right to receive part of the cash salary due under their contract of employment in return for the employer’s agreement to provide some form of non-cash benefit.
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Pimlico Plumbers are workers not self-employed
14 February 2017In the latest development in a series of cases on employment status, the Court of Appeal has rejected an appeal by Pimlico Plumbers and found that a “self-employed” plumber should have been classed a worker.
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Court considers service of a defendant’s notice to force claimant to serve proceedings or discontinue a claim
14 February 2017A recent decision not only reminds practitioners of a defendant’s ability to force a claimant to either serve proceedings or discontinue a claim by using a CPR 7.7(1) notice, but also considers for the first time the date for compliance with such a notice.
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Sean Dempsey comments for HR Magazine - The state of the union: The future of IR
Press
13 February 2017Employment law Partner, Sean Dempsey has commented in an article for HR Magazine which discusses the following question: are trade unions really representing modern workers or do they need to change with the times?
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Lewis Silkin advises Be Heard Group Plc on its 75% acquisition of Freemavens Limited and £2.1 million cash placing
Deal
09 February 2017Lewis Silkin has advised Be Heard Group plc, a digital marketing services group, on its acquisition of 75% of the share capital of Freemavens Limited, a marketing analytics consultancy, and an associated cash placing raising gross proceeds of £2.1 million.
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We are family – I’ve got all my passports with me
09 February 2017An EEA national using the online application form for a registration certificate or for a document certifying permanent residence can now add their close and extended family members to their online form.
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Managing an International Workforce: 2017 & Beyond
Press Release
09 February 2017Lewis Silkin’s market leading employment practice last week hosted its 13th annual Managing an International Workforce conference in London.
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IP myth busters (Brands & IP Newsnotes - issue 4)
08 February 2017Myth and legend is not just the stuff of Lord of the Rings. There are plenty of ommon misconceptions in intellectual property which are often further exacerbated by statements on the internet and the popularity of TV shows where legal ‘advice’ or commentary may be given. Here are a few of the most common ones we hear and the truth behind them.
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Hacked off? Data breaches abound (Brands & IP Newsnotes - issue 4)
08 February 2017The inevitable rise of the data breach, otherwise known as the ‘hack’, continued unabated in 2016. The UK government reported that two thirds of ‘large’ business (i.e. greater than or equal to 250 employees – regardless of revenue) “experienced a cyber-breach or attack in the past year”.
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Rubik’s Cubes: In a spin (Brands & IP Newsnotes - issue 4)
08 February 2017Those of us of a certain age will remember the frustration of trying to complete a ‘Rubik’s Cube’. But following the CJEU’s ruling that the trade mark registration for the shape of the famous puzzle is invalid; it is the owner of the original Rubik’s Cube 3D puzzle that will be feeling frustrated.
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Step by step - trade marks in China (Brands & IP Newsnotes - issue 4)
08 February 2017Brand owners will take comfort from a decision of China’s highest Court (the Supreme People’s Court of China) in early December. As part of a long running battle between former basketball star, Michael Jordan, and Chinese sports manufacturing giant, Qiaodan Sports, the former basketball star has finally come out on top – at least in relation to one specific trade mark. Overturning decisions from the lower courts, the Supreme People’s Court revoked a trade mark held by Qiaodan for “Jordan” represented in Chinese characters.
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Unregistered designs: Open and shut case (Brands & IP Newsnotes - issue 4)
08 February 2017In a recent case, Action Storage (a producer of lockers, such as the ones installed in schools) sued G-Force (another producer of lockers) for infringing its design rights in producing a similar product.
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New Year’s resolutions for better IP (Brands & IP Newsnotes- issue 4)
08 February 2017Why stop at making personal resolutions for the New Year when you can make them for your IP too. The start of the year is an excellent time to consider your general IP strategy and even to introduce new practices that will make protecting, using and enforcing your IP that much easier in 2017.
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Christmas counterfeits – How did you fare? (Brands & IP Newsnotes - issue 4)
08 February 2017At the end of 2016 the OECD/EUIPO released research suggesting that the total trade in counterfeit and pirated products in the EU amounted to as much as 85 billion Euros in 2013. Luxury goods are top of the list and firmly in the sights of counterfeiters for Christmas. So what was done to tackle the problem for Christmas 2016?
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Legal advice privilege: Not as wide as you think?
08 February 2017Who is a lawyer’s client and what type of communications are protected for the purposes of legal advice privilege have been the subject of two recent important High Court decisions. These cases make it clear that not all communications between lawyers and a client’s employees will be protected by legal advice privilege, even if the communication took place to allow legal advice to be given.
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Indemnity costs intended to have chilling effect
07 February 2017Court orders indemnity costs in recognition of the fact that litigation became “out of control” due to factors that were attributable to the conduct of the Claimants and their legal representatives and experts in the lead up to trial.
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Lewis Silkin speaking at techUK's gender pay gap reporting event
Press Release
07 February 2017Sean Dempsey, head of Lewis Silkin’s Technology and Communications sector group, will be speaking to members of techUK’s HR and Women in Tech groups on Thursday 16 February in relation to the upcoming gender pay gap reporting requirements.