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Have you seen the latest documentary, "The Real Wagatha Story", on Disney+? It is the latest documentary about the Vardy v Rooney defamation case (better known as "The Wagatha Christie trial"). These programmes can use some complex...
Naushad Rahman, Partner in our Firm’s Company Commercial Department, takes a closer inspection at Unfair Prejudice under s. 994 of the Companies Act 2006 (the “Act”) in light of recent case law.
Coronavirus has now been declared as a global health emergency by the World Health Organisation and, at the time of writing, two cases have been confirmed in the UK. The risk of the spread of coronavirus in the UK continues to rise and so employers should be considering how they should act if an employee intends to travel to China, contracts the virus in the UK or is absent from work. Gina McCadden, Employment Solicitor, here explains the facts about the virus and how employers can take steps in accordance with the law.
In response to a written question posed to the Secretary of State for Business, Energy and Industrial Strategy, the Government has indicated that it has no plans to implement the Directive on Copyright in the Digital Single Market ( (EU) 2019/790 ) (the...
The Commercial Court has recently held in the case of Alafco Irish Aircraft Leasing Sixteen Ltd v Hong Kong Airlines Ltd [2019] EWHC 3668 (Comm) (22 November 2019) that a commercial lease which made provision for a party to recover "all reasonable...
The European Patent Office (“EPO”) has recently refused two applications on the basis that the applicants had named an Artificial Intelligence (“AI”) system called DABUS as the inventor (Case: Grounds for the EPO decisions...
The Advertising Standards Agency (ASA) and the Competition & Marketing Authority (CMA) have issued joint guidance to influencers and affiliates to assist with making their advertising clearer and that consumers are aware of the advertising. The published...
The Financial Conduct Authority (FCA), the Information Commissioner's Office (ICO) and the Financial Services Compensation Scheme (FSCS) have issued a joint statement re-iterating the need for insolvency practitioners and other FCA-authorised firms to be...
Selling a Commercial Property at Auction is becoming increasingly popular, and there are many advantages over the conventional method of selling. Joe Taylor , Solicitor in our Commercial Property team explains more about the benefits of selling at...
In most cases where there is a dispute between business parties, it is likely that you will be told to try and resolve matters through Alternative Dispute Resolution. Mollie Leak , Solicitor within our Commercial Litigation and Dispute Resolution ...
Whether you are a landlord for a commercial or residential building, you will have certain responsibilities in relation to the presence of asbestos in your building. Alexandra Savage, Commercial Property Solicitor, explains more here about those obligations and the steps you should take if asbestos is discovered in your building.
The world of Employment Law is one that can move fast and with multiple Employment Law changes coming into effect from April 2020, as an employer, it’s important for you to be aware of them. In this article, our Employment team details the six key legislation changes to look out for in 2020 as well as how they might affect your business.
In the recently reported case of Akita and another v Governor and Company of the Bank of Ireland [2019] EWHC 1712 (QB) (31 January 2019), the High Court has allowed an appeal against the dismissal of a claim following non-attendance at Court. The appeal related to the application of Civil Procedure Rule 39.3, which permits the Court to strike out a claim if the claimant does not attend the trial of the matter.
Superior Style Home Improvements Ltd (Superior Style) has been fined £150,000 by the Information Commissioner's Office (ICO) for failing to comply with Regulation 21 of the Privacy and Electronic Communications (EC Directive) Regulations 2003 (SI 2003/2426) (PECR).
In the case of Al-Ko Kober Ltd v Sambhi [2019] EWHC 2409 (QB) (13 September 2019) the High Court has granted summary judgment in favour of Al-Ko Kober Ltd and its marketing director against the defendant, who manufactured a competing product (stabilisers for towing caravans), for their claims for defamation, malicious falsehood and breach of the Data Protection Act 1998 (DPA 1998).
The High Court recently determined the question of whether a notice of assignment of a debt was valid where it stated an unverifiable date of assignment.
Individuals have the “right to be forgotten” under the General Data Protection Regulation (GDPR), which means they have the right for their personal data to be erased upon their request. A recent case has confirmed that the territorial scope of the right applies solely within the EU and not worldwide.
With the current uncertainty surrounding the British economy, it is fair to say that businesses are considering their long term options, with many now looking to sell. Naushad Rahman, Partner in our Company Commercial team, explains some basic steps you should bear in mind when preparing for such an eventuality and how we can support you, your business and your employees through what can be a traumatic transition.
Using other people's corporate and brand images without consent is obviously asking for trouble. But what about using other types of image for commercial purposes? The internet is awash with free-to-view images and there is an understandable temptation to appropriate them in some fashion for one's own use, without ever verifying whether or not those images are still subject to copyright and, if so, seeking an appropriate licence from the copyright holder. Brian Bannister, Company Commercial Solicitor, explains here the best option for you when using images for commercial purposes.
The Law Commission has announced that electronic signatures can be used instead of a handwritten signature on nearly all legal or contractual documents following a lengthy consultation. Helen Porter, Partner in our Commercial Litigation and Dispute Resolution team, here explains more about the move, the areas of legal practice where there are still exceptions and what this means for businesses.
The Government’s proposal to abolish section 21 notices has caused a feeling of uncertainty amongst landlords as to how they will go about regaining possession of their property if a tenant refuses to leave after the fixed term of their tenancy agreement expires. The Government has stated that the purpose of the abolishment is an attempt to remove no fault evictions so as to provide renters with the security of having a tenancy that cannot be ended through no fault of their own. The National Landlord’s Association have specified that “over 96% of landlords would consider the leaving the market without section 21”.
Many developments across the Solent region are currently in limbo following the decision of several local authorities to halt the grant of planning permissions for new houses and tourism related projects. This follows advice from Natural England after record levels of nitrates were found in the Solent. Jenny Colvin, Partner in our Commercial Property team, here explains why nitrates are impacting planning permission, which local authorities are affected and when you may be able to apply for planning permission.
Post termination restrictions, or restrictive covenants, are stipulations put into contracts that prevent former employees from engaging in certain activities after leaving a job. This is done for a variety of reasons, for example, to protect businesses and prevent former employees from poaching current staff members or clients. There have been several cases where post termination restrictions have been scrutinised in court, and Tillman v Egon Zehnder is one of those cases.
Non-disclosure agreements have been featured heavily in the news recently due to their controversial nature, and the legality of them is currently being questioned. Whilst NDAs are predominantly used by employers to protect confidential business information, there are certain things in which you cannot be prevented from disclosing, such as information that is already publicly available. Here, our Employment team discuss what else you may be able to disclose, some potential incoming changes to NDAs and why the use of them can be controversial.
In the case of Juul Labs Inc v Quick Juul Ltd (formerly Quick Xuul Ltd and Quick Juul Ltd) [2019] EWHC 1281 (Ch) (21 May 2019) the High Court has found an individual to be in contempt of Court having intentionally breached the terms of a court order by failing to sign two documents to transfer a domain name to the claimants in passing off proceedings. The sentence handed down was two months' imprisonment.
During their lifetime all companies, businesses, partnerships and sole traders will have to react to personal, economic or financial change as certain factors become more salient at any given point in time. Organisations that refuse to change with the times face the risk of becoming obsolete, or at the very least, miss opportunities.
In the case of Bates v Post Office Ltd (No.3) [2019] EWHC 606 (QB) (15 March 2019), sub-postmasters' contracts with the Post Office have been held to be "relational contracts" and in turn benefited from an implied obligation of good faith. As a result of the implied obligation neither party could exercise its express contractual rights in a way that reasonable and honest people would consider commercially unacceptable.
Many employers have enjoyed the benefits of hiring apprentices, particularly since the Government introduced the Apprenticeship Levy in 2017. Ensuring your apprentice is employed under the right documentation is essential to protect your business against possible claims in the Employment Tribunal.
Where a party enters in to a contract because of duress, the contract is voidable by the party who suffered the duress. Economic duress is one aspect of the duress doctrine with the party seeking to prove economic duress having to show the existence of an illegitimate pressure applied by the defendant without which it would not have entered into the contract. Common examples of the illegitimate pressure involve a crime or tort or breach of contract. On occasion, however, unethical but lawful acts have also been held to constitute economic duress.
It was recently World International Property Day (26 April), a day on which the World Intellectual Property Organisation (WIPO) seeks to raise awareness about how various intellectual property (IP) rights impact on our daily lives. This year’s event celebrated the positive role that IP plays in encouraging sports amongst the masses, centring around how developments in technology and IP have seen sporting events grow to a global scale over the years.
The High Court has held in the case of Stavrinides and others v Bank of Cyprus Plc [2019] EWHC 1328 (Ch) (24 May 2019) that a bank's local relationship manager (the agent) had no actual or ostensible authority to write off its borrowers' substantial debts. As a consequence, the bank (the principal) was not bound by the letter purporting to do so, which had been initialled by the agent. In turn, the borrower was not entitled to rely on the terms of the letter.
The Tenant Fees Act sets out the Government's approach to banning letting fees paid by tenants in the private rented sector and capping tenancy deposits in England. The aim of the Act is to reduce the costs that some tenants have to pay, and...
The High Court has recently announced their decision in a pinnacle case regarding whether Brexit could frustrate a commercial property lease. Alexandra Savage , Commercial Property Solicitor in our Portsmouth office, reviews the outcome of the case....
The General Data Protection Regulation (GDPR) was implemented a year ago, requiring businesses to adapt to the most revolutionary change in data protection seen in years. Even though 12 months have now passed, businesses are still working towards compliance with the regulations.
2019 will be a year of change for employers and it is vital that companies are prepared in order to avoid potential tribunal claims against them. Howard Robson, Partner in our Employment Law department, reviews the key updates we can expect to see in...
As this is my last edition as editor of the Commercial Brief I thought it would be appropriate to become slightly philosophical on a legal subject that is very close to my heart—commercial contracts. I have, over the years, seen and indeed drafted,...
Landlords will be familiar with the protection afforded to business tenants when it comes to lease renewal under the Landlord and Tenant Act 1954. At the end of WWII, commercial property was at a premium. Business tenants found that when they...
An option available to a tenant under a commercial lease is the ability to assign (or transfer) the lease to a third party. This will usually require the landlord’s consent. One of the conditions of a landlord giving their consent will inevitably be...
The Trade Marks Regulation 2018 (SI 2018/825), implementing the Trade Marks Directive (EU) 2015/2436 and amending the Trade Marks Act and the Trade Mark Rules 2008 came into force on 14 January 2019.
In the case of Christian Fülla v Toolport GmbH (Case C-52/18) EU:C:2019:22 (15 January 2019) Advocate General Wahl has issued an opinion concerning the return of defective goods for repair, under the Sales and Guarantees Directive (1999/44/EC )...
Guidance has been issued by the Department for Business, Energy and Industrial Strategy (BEIS) concerning the use of personal data after Brexit. The BEIS guidance explains how Brexit will affect UK businesses both in the event of a deal and if there is no...
In the case of Wells (Respondent) v Devani (Appellant) [2019] UKSC 4 (13 February 2019) ), the Supreme Court unanimously found that an estate agency agreement with the seller was complete and enforceable despite not expressly stating the trigger events when...
Magnacrest Ltd, a housing developer, pleaded guilty at the Westminster Magistrates' Court to a charge brought under section 47(1) of the Data Protection Act 1998 for failing to comply with an enforcement notice issued by the Information...
Companies House has published guidance concerning changes to the registration of companies in the event of the UK leaving the EU without a deal. The guidance includes information concerning: European entities formed under EU law (i.e. Societas Europaea...
New pay slip requirements are set to come into force requiring itemised calculations for variable rates of pay and hours worked. This requirement will also be extended to include workers, not just employees. Natalie Rawson, Employment Law ...
GDPR has been effective for almost six months now and the Information Commissioner’s Office (“ICO”) has prosecuted or taken other enforcement action (and imposed monetary penalties, enforcement notices, or demanded undertakings)...
Wm Morrison Supermarkets Plc was unsuccessful in its appeal against the High Court ruling that it was vicariously liable for an employee's deliberate disclosure online of co-workers' personal data.
In the case of WH Holding Ltd and others v E20 Stadium LLP [2018] EWHC 2971 (Ch) (5 November 2018) the High Court had cause to consider the application of Civil Procedure Rule 31.17 and the principles relevant when the Court decided whether to order a non party to litigation to give disclosure.
The requirement for companies with over 250 employees to annually produce a Gender Pay Gap Report came into force this year, with much publicity around its implementation and subsequent results. The same attention has not been given yet however to the...
If you have bought, sold or rented commercial property, then you may have heard your legal adviser refer to Commercial Property Standard Enquiries, or more commonly known CPSE. While the name may refer to them as ‘standard’, if you...
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