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Framework Agreements
26 August 2015
Framework agreements offer a potential solution as contracting authorities attempt to minimise the impact of the Public Contract Regulations 2006 on their business.
New protections for workers on zero-hours contracts
17 November 2015
Earlier this year, we reported on the Government’s ban on the use of exclusivity clauses in “zero-hours contracts”. The ban, which came into force in May, renders unenforceable a contractual provision which prohibits an individual working under a zero-hours contract from working elsewhere. The Government has recently proposed new legislation designed to add teeth to the ban, giving employees and workers the right to bring a tribunal claim if they are penalised for working elsewhere.
No duty of loyalty owed by directors to shareholders
26 November 2015
On 12 November 2015, in Sharp & Others v Blank & Others [2015] EWHC 3220 (Ch), Mr Justice Nugee handed down his latest judgment in litigation between the directors and shareholders of Lloyds Bank. His decision is of interest to directors and shareholders alike. It re-affirms the scope of duties owed by directors to shareholders, as well as the approach to be adopted when assessing them.
Court of Appeal has no appetite for salami slicing
25 January 2016
Without prejudice privilege is founded upon public policy. It serves to encourage litigants to settle their differences. Its effect is to exclude all negotiations genuinely aimed at settlement (whether oral or in writing) from being referred to at trial. Solicitors will often head negotiating correspondence “without prejudice” yet protection is not dependent upon use of the label. It is often misused and arises automatically in appropriate circumstances. So what happens when no label is used and attendees of a meeting later disagree as to its status?
UK Trade Marks
17 February 2016
A trade mark registration for a business, brand or product name, a logo, slogan or other trade mark provides a business with the most effective form of protection against a competitor making improper use of its trade mark. Whilst a trade mark might be capable of being protected through other areas of the law, such as passing off, copyright or design right, registering a trade mark has a number of important benefits.
Trade Mark Watch Services
21 February 2016
There is a temptation for trade mark owners to breathe a sigh of relief as they eventually file their trade mark applications. It is often the culmination of months of work searching for any prior rights and perhaps investigating, negotiating, cancelling or acquiring such rights. It is an end, but only to the beginning of a brand’s lifecycle. Once the application is filed, this is when the brand protection programme begins in earnest.
Trade Mark and Design Searches
21 February 2016
Whenever a new launch is proposed, whether it is for a product, brand, business name or an advertising campaign, there is always a risk that someone else is already using an identical or a similar name or design. If so, then that party may be entitled to obtain an immediate injunction from the court to prevent the launch and obtain damages for trade mark, design right or copyright infringement and/or passing off.
International Trade Marks
27 February 2016
Whilst there is no single trade mark that covers the entire world, knowledge of the various regional and international filing systems means that global protection can be achieved with greater ease and less expense than filing national trade mark applications in each country.
Pheasant sick as a parrot
21 March 2016
Today, 21 March 2016, HHJ Pelling handed down his judgment in relation to the account of profits element of the long-running dispute between Jack Wills and House of Fraser over the use of a logo consisting of a pigeon with a top-hat and bow-tie on some of its own-brand “Linea” products. The logo was found by Mr Justice Arnold to infringe Jack Wills’ rights in its “Mr. Wills” pheasant with a top-hat and a cane.
Prevention of illegal working - a compliance guide for employers
13 April 2016
This inbrief summarises how employers can reduce their exposure to fines and other penalties under the Home Office’s Prevention of Illegal Working regime.
Pension auto-enrolmentt
20 April 2016
From 1 October 2012 a fundamental change to employers’ obligations concerning workplace pensions took effect, requiring employers who have passed their “Staging Date” to automatically enrol eligible jobholders into a suitable pension scheme and fund a minimum level of pension savings (without reducing pay or benefits elsewhere). The new rules will require all employers to review (and, if necessary, amend) their current pension arrangements or face substantial penalties for non-compliance.
Information and consultation
09 May 2016
The Government implemented the EU Information and Consultation Directive by bringing into force the Information and Consultation of Employees Regulations 2004 on 6 April 2005.
Maternity leave and pay
10 May 2016
The law recognises women on maternity leave as being particularly vulnerable and gives them special protection. As a result, employers need to be careful to make sure they comply with their legal obligations in this area. This Inbrief summarises the rights which women on maternity leave enjoy and looks at some common problem areas.
Immigration basics - for retail hospitality and leisure
11 May 2016
Employers in the retail, hospitality and leisure industries are under particular scrutiny from the Home Office. It is therefore essential for them to have at least a basic understanding of immigration requirements.
Trade Marks in the United States
20 May 2016
Trade mark rights in the United States arise from use of a trade mark, not registration and therefore a trade mark registration for a business, brand or product name, a logo, slogan or other trade mark provides a business with the most effective and least expensive way to prove trade mark rights in the United States.
European Union Trade Marks
26 May 2016
A European Union trade mark (“EUTM”) is a single trade mark registration that provides trade mark protection in 28 of the European Union territories.
Termination of employment
06 July 2016
Terminating employment can create a plethora of unwanted issues for the employer, including claims of wrongful or unfair dismissal.
The Working Time Regulations 1998
20 July 2016
The Working Time Regulations 1998 (WTR) implement the European Working Time Directive in the UK.
Managing ill health and disability
06 September 2016
The management of ill health and disability raises problems that employers have to grapple with on a daily basis. Minimising the cost and inconvenience of ill health in the workforce, whilst ensuring compliance with legal obligations, requires both a clear understanding of the relevant legal principles and a co-ordinated approach.
Visa applications for entrepreneurs and investors
13 September 2016
The UK provides attractive visa options for individuals seeking to invest in the country. But the rules are strict. There are two separate categories - for ‘entrepreneurs’ and ‘investors’ - each with detailed eligibility and documentation requirements.