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Service provision changes – determining principal purpose of organised grouping
25 September 2017The EAT has given guidance on the correct approach to determining the “principal purpose” of an organised grouping of employees within the meaning of the service provision change (“SPC”) rules under TUPE.
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Liquidator loses protection of a freezing order following serious failings at earlier ex parte hearing
14 May 2018In Banca Turco Romana S.A. (in liquidation) v Cortuk and Others, the Commercial Court in London has underlined the need for applicants to give full and frank disclosure when seeking relief at ex parte (without notice) hearings.
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Senior Managers Regime, Certification Regime and Conduct Rules
24 November 2016Banks and other financial institutions are seeing some of the most significant regulatory changes affecting staff in many years.
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The Perils of Poor Security
26 January 2018James Gill and Bryony Long look at the ICO’s recent fining of Carphone Warehouse, and some of the practical steps you can take to help prevent a similar experience.
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...a little bit of law - The Private Rented Sector
18 May 2015At its widest, the private rented sector in the UK comprises any property that is privately owned and which is rented to individuals as their principal home.
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The legal sector and #metoo
29 November 2017Sexual harassment is clearly big news at the moment. Not, of course, because it is a new phenomenon, but because it seems that the allegations swirling around numerous big Hollywood names have opened the floodgates and made it OK to say #metoo.
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Section 106 Agreements - a note for anyone developing land
01 March 2014When granting planning permission for development, local planning authorities often impose planning obligations on the party promoting the development. These obligations are usually contained in what are known as Section 106 Agreements or Planning Agreements – separate legal agreements that sit alongside the planning permission. Those agreements will, generally, bind the land to which the planning permission relates – so anyone who owns that land will be bound by the obligations.
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...a little bit of law - Searches
19 January 2017As part of the conveyancing process we, as your solicitors, will carry out a number of searches on any piece of land you want to buy.
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Disclosure in English litigation: a sea change is coming
09 January 2018English rules on disclosure (‘discovery’ in many jurisdictions) are set for a major overhaul. Draft rules were published in November 2017. Once approved by the Civil Procedure Rules Committee, the resulting draft is intended to be introduced as part of a pilot scheme lasting 2 years, potentially beginning in April 2018 and running in the Business and Property Courts. This will cover virtually all High Court litigation. It will not be optional.
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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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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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Horizon Scanner – Intellectual Property
28 April 2023At Lewis Silkin we are constantly monitoring the legal landscape and liaising with policymakers and regulators. This enables us to stay informed about how law and regulation will change in key areas for our clients.
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Blurred lines: sampling, inspiration, pilferage and plagiarism
08 June 2016We reported late last year on a dispute between rapper Rick Ross and dance-pop duo LMFAO over the use of a hook “everyday I’m hustlin’” / “everyday I’m shufflin’” (see here). Well, the arguments over what constitutes legitimate ‘borrowing’ from musical works continue.
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Hyperlinks – the saga continues (Brands & IP Newsnotes - issue 3)
23 October 2016The CJEU has issued another judgment on copyright infringement and hyperlinking; this time in relation to linking to unauthorised content.
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January 2017: Health and Safety news
24 January 2017 -
The importance of gas safety
19 September 2018On 6 April 2018, the Gas Safety (Installation and Use) Regulations 1998 were amended with the new regulations allowing ‘flexibility’ for landlords when carrying out annual gas safety inspections. It’s important to note that these amendments do not change or relax a landlord’s obligations to carry out an annual gas safety inspection. They simply allow for the annual inspection to be carried out within a two month period prior to the expiry of the existing certificate, whilst retaining the existing expiry date.
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Chancellor Philip Hammond’s consumer protection announcements
14 March 2017The Spring Budget is not usually an occasion for tackling the nitty-gritty of consumer protection, but last week the Chancellor promised a number of Government initiatives likely to impact upon consumer-facing businesses.
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It’s obvious, patents are not child’s play!
28 March 2017In a recent decision the Intellectual Property Enterprise Court had to consider whether a patent for a children’s toy consisting of water soluble, fusible, translucent beads was merely an aesthetic creation, and therefore excluded from patentability and if not, whether the patent claims lacked an inventive step and were obvious. If the patent was valid, the Court also had to determine whether it was infringed by the Defendant’s product.
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Beware of handing matters over to the court’s discretion
16 June 2017How often in negotiations do parties “duck” issues deemed “too difficult” and try to cope with them by adopting “reasonable” (or other) “endeavours” obligations?
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The CMA’s fight with online gambling companies
10 July 2017The Competition and Markets Authority (CMA) is upping the ante against online gambling companies by increasing its enforcement action against those suspected of breaching consumer law. The CMA believes that often customers are not getting the deal they expected when signing up, due to misleading promotions and unfair terms within the promotion.