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‘Smash ‘n’ grab’ claims the most common for UK adjudicators – OUT-LAW.com

Posted December 2nd, 2022 in company law, dispute resolution, news by tracey

‘”Smash ‘n’ grab” claims are the most common currently being dealt with by adjudicators in the UK. They are usually straightforward to deal with but some recent cases provide valuable lessons for companies caught up in them.’

Full Story

OUT-LAW.com, 2nd December 2022

Source: www.pinsentmasons.com

Recent Statutory Instruments – legislation.gov.uk

Posted November 28th, 2022 in legislation by tracey

SI 2022/1229 – The Occupational Pensions (Revaluation) Order 2022

SI 2022/1228 – The Trade Union Act 2016 (Commencement No. 5) Regulations 2022

Source: www.legislation.gov.uk

Cloud gaming and mobile browsers market investigation opened in the UK – OUT-LAW.com

Posted November 28th, 2022 in competition, internet, news by tracey

‘The Competition and Markets Authority (CMA) has opened an in-depth investigation into competition in the UK’s cloud gaming and mobile browsers markets.’

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OUT-LAW.com, 28th November 2022

Source: www.pinsentmasons.com

Court of Appeal in London rules on reasonable endeavours in force majeure clause – OUT-LAW.com

Posted November 23rd, 2022 in appeals, arbitration, contracts, dispute resolution, news, shipping law by sally

‘The Court of Appeal for England and Wales has ruled that a switch of the currency in which payments were made in a ship charter contract would count as ‘reasonable endeavours’ and would avoid the contract not being fulfilled because of a force majeure event.’

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OUT-LAW.com, 22nd November 2022

Source: www.pinsentmasons.com

Painful lessons about the duty of candour (more on the unlawful seizure of migrants’ mobiles) – UK Human Rights Blog

‘In this first Judgment, the Court analysed powers granted by the Immigration Acts 1971 and 2016 and rejected the Defendant’s erroneous interpretation of the relevant statutory provisions. It then made consequential orders (also reported) including steps to publicise its ruling, given that over 400 phones, still held, could not be linked to any individual migrant.’

Full Story

UK Human Rights Blog, 21st November 2022

Source: ukhumanrightsblog.com

New UK guidelines place stricter rules on age-restricted online campaigns – OUT-LAW.com

Posted November 18th, 2022 in advertising, children, codes of practice, internet, news, ombudsmen by tracey

‘The UK’s advertising regulator has published new rules on how to target age-restricted ads responsibly online. Advertisers need to ensure compliance right from the start of the campaign planning, according to experts at Pinsent Masons.’

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OUT-LAW.com, 17th November 2022

Source: www.pinsentmasons.com

“Spent” golden contract means enterprise zone allowances disallowed – OUT-LAW.com

Posted November 14th, 2022 in appeals, contracts, corporation tax, income tax, news, taxation, time limits by tracey

‘Investors behind the construction of two data centres could not claim Enterprise Zone allowances (EZAs) on the expenditure they incurred because it was deemed to have been incurred under a contract entered into outside of the statutory window for claiming the allowances.’

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OUT-LAW.com, 11th November 2022

Source: www.pinsentmasons.com

UK Retained EU Law Bill’s impact on intellectual property – OUT-LAW.com

Posted November 11th, 2022 in bills, brexit, copyright, EC law, intellectual property, news, trade marks by tracey

‘The Retained EU Law (Revocation and Reform) Bill will fundamentally change the UK’s post-Brexit legal landscape if it becomes law, including impacting intellectual property (IP) related legislation.’

Full Story

OUT-LAW.com, 10th November 2022

Source: www.pinsentmasons.com

Ruling supports ‘bad faith’ trade mark counterclaims – OUT-LAW.com

Posted November 8th, 2022 in news, striking out, trade marks by sally

‘Assertions that a trade mark has been registered in bad faith should be assumed to be true unless the trade mark holder can provide evidence to demonstrate otherwise, the Court of Appeal has said.’

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OUT-LAW.com, 7th November 2022

Source: www.pinsentmasons.com

New duties to be imposed on UK employers to prevent sexual harassment – OUT-LAW.com

‘The UK government is supporting a private member’s bill to bring back employers’ liability for harassment of employees by third parties at work, as well as introduce a new duty to prevent workplace sexual harassment.’

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OUT-LAW.com, 3rd November 2022

Source: www.pinsentmasons.com

Call for planning permission variations reform after Hillside ruling – OUT-LAW.com

Posted November 4th, 2022 in appeals, housing, local government, news, planning, Supreme Court, Wales by tracey

‘Planning law in England should be updated to avoid a situation where the original planning permission granted to a site is invalidated by departures from the original approved plans because subsequent planning permissions granted for development within that site have made compliance with the original scheme physically impossible, an expert has said.’

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OUT-LAW.com, 3rd November 2022

Source: www.pinsentmasons.com

UK medical devices law reforms delayed till 2024 – OUT-LAW.com

Posted October 31st, 2022 in brexit, delay, EC law, health, medical treatment, medicines, news by tracey

‘New UK medical device regulations are to be brought into force by July 2024 – a year later than originally anticipated, the Medicines and Healthcare products Regulatory Agency (MHRA) has confirmed.’

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OUT-LAW.com, 28th October 2022

Source: www.pinsentmasons.com

Jurisdiction and choice of law clauses in international contracts – OUT-LAW.com

‘All commercial contracts contain a number of “boilerplate” clauses, which are often seen as standard add-ons to the main terms and conditions of the contract.
One such boilerplate clause relates to jurisdiction and choice of law, and although these can be relatively straightforward when both parties are based in the same jurisdiction, they deserve proper consideration – particularly when the parties to the contract are based in different jurisdictions.’

Full Story

OUT-LAW.com, 27th October 2022

Source: www.pinsentmasons.com

UK government extends deadline for Brexit food labelling changes – OUT-LAW.com

Posted October 13th, 2022 in advertising, bills, brexit, food, news, time limits by tracey

‘The UK government’s decision to grant businesses extra time to comply with post-Brexit food labelling requirements will be “cautiously welcomed” by the industry, according to one legal expert.’

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OUT-LAW.com, 12th October 2022

Source: www.pinsentmasons.com

Will your UK damages be taxable? – OUT-LAW.com

Posted October 12th, 2022 in capital gains tax, damages, income tax, news, taxation by tracey

‘Awards and settlements in commercial disputes can be taxable in the claimant’s hands. The tax treatment of damages should be considered at an early stage as this may need to be factored into the amount claimed. Tax also needs to be considered in settlement negotiations to ensure the offer is enough.’

Full Story

OUT-LAW.com, 11th October 2022

Source: www.pinsentmasons.com

Rent Repayment Orders in the Upper Tribunal again. – OUT-LAW.com

Posted October 11th, 2022 in appeals, houses in multiple occupation, news, rent, repayment by tracey

‘A couple of appeals on rent repayment orders. The first confirming the UT’s approach to assessing what proportion of rent an RRO should be made for. The second on whether someone could be said to be in control or managing an unlicensed HMO where it was not clear or evidenced that the person received a rack rent.’

Full Story

OUT-LAW.com, 5th October 2022

Source: nearlylegal.co.uk

Supreme Court rules on directors duty to act in interests of creditors – OUT-LAW.com

‘Company directors need to remain wary of their duty to consider the interests of creditors in certain circumstances, despite a new UK Supreme Court ruling that they are likely to welcome, experts have said.’

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OUT-LAW.com, 10th October 2022

Source: www.pinsentmasons.com

New property rights relevant to ‘data objects’ proposed – OUT-LAW.com

Posted October 6th, 2022 in consultations, cryptocurrencies, data protection, Law Commission, news by sally

‘A new property right that recognises an individual or entity’s control over “data objects” should be established in law in England and Wales, the Law Commission has said.’

Full Story

OUT-LAW.com, 3rd October 2022

Source: www.pinsentmasons.com

Electronic disclosure in England and Wales – OUT-LAW.com

Posted October 5th, 2022 in disclosure, electronic mail, news, telecommunications by sally

‘Electronically stored information (ESI) is crucial to resolving your disputes and complying with your disclosure obligations.’

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OUT-LAW.com, 4th October 2022

Source: www.pinsentmasons.com

Recent Statutory Instruments – legislation.gov.uk

Posted September 28th, 2022 in legislation by michael

SI 2022/995 – The Criminal Legal Aid (Standard Crime Contract) (Amendment) Regulations 2022

SI 2022/992 – The Youth Justice and Criminal Evidence Act 1999 (Commencement No. 29) Order 2022

SI 2022/991 – The National Health Service Pension Schemes (Member Contributions etc.) (Amendment) (No. 2) Regulations 2022

SI 2022/990 – The Social Security (Habitual Residence and Past Presence) (Amendment) (No. 2) Regulations 2022

SI 2022/988 – The Environment Act 2021 (Commencement No. 4) Regulations 2022

SI 2022/985 – The Charities (Royal Holloway and Bedford New College) Order 2022

SI 2022/984 – The Building etc. (Amendment) (England) (No. 2) Regulations 2022

SI 2022/983 – The Income-related Benefits (Subsidy to Authorities) Amendment Order 2022

SI 2022/982 – The Response to the Committee on Climate Change Report (Extension of Period) Order 2022

SI 2022/981 – The Customs (Tariff and Reliefs) (Amendment) (No. 2) Regulations 2022

SI 2022/980 – The Customs (Tariff Quotas) (EU Exit) (Amendment) Regulations 2022

SI 2022/979 – The Police Act 1997 (Criminal Records) (Amendment No. 2) Regulations 2022

SI 2022/978 – The Alcohol Licensing (Coronavirus) (Regulatory Easements) (Amendment) Regulations 2022

SI 2022/977 – The Football Spectators (2022 World Cup Control Period) Order 2022

SI 2022/976 – The Electricity (Individual Exemption from the Requirement for a Transmission Licence) (Triton Knoll) (England) Order 2022

SI 2022/975 – The School Admission Appeals Code (Appointed Day) (England) Order 2022

SI 2022/973 – The Designation of Freeport Tax Sites (Solent Freeport) (No. 2) Regulations 2022

SI 2022/972 – The Designation of Freeport Tax Sites (Plymouth and South Devon Freeport) (No. 2) Regulations 2022

SI 2022/968 – The Norfolk Boreas Offshore Wind Farm (Amendment) Order 2022

SI 2022/967 – The Wolverhampton (Electoral Changes) Order 2022

SI 2022/966 – The Stockton-on-Tees (Electoral Changes) Order 2022

SI 2022/965 – The Skills and Post-16 Education Act 2022 (Commencement No. 1 and Transitional Provision) (England) Regulations 2022

SI 2022/964 – The Bolton (Electoral Changes) Order 2022

SI 2022/956 – The Power to Award Degrees etc. (Blackpool and The Fylde College) Order of Council 2016 (Amendment) Order 2022

Source: www.legislation.gov.uk