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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.’

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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.’

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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.’

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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

Tommy Jessop: Why I investigated care for patients like me – BBC News

‘People with a learning disability are more than twice as likely to die from avoidable causes than the rest of the population. Actor Tommy Jessop and BBC Panorama investigated some of the stories of families who say they were let down by their medical care.’

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BBC News, 10th October 2022

Source: www.bbc.co.uk

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.’

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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

Online platforms face likely Digital Services Act disclosure deadline of February 2023 OUT-LAW.com

Posted September 20th, 2022 in disclosure, EC law, electronic commerce, internet, news, regulations, time limits by tracey

‘Online platform providers are set to face new legal duties to disclose details on user engagement with their services in the EU, with an initial deadline to report such information by the middle of February next year likely to apply, according to analysis undertaken by Out-Law.’

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OUT-LAW.com, 15th September 2022

Source: www.pinsentmasons.com

Opposition against a UK trade mark application – OUT-LAW.com

Posted September 15th, 2022 in news, notification, trade marks by tracey

‘Once a trade mark application has successfully passed the examination of the UK Intellectual Property Office (UK IPO), it is published in the Trade Marks Journal. The application is then open for others to oppose its registration. This brief summary explains the procedures for opposing trade mark applications in the UK and for defending an opposition. The proceedings are the same for national UK filings as well as for international registrations designated to the UK.’

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OUT-LAW.com, 14th September 2022

Source: www.pinsentmasons.com

All UK express trusts must now register under anti-money laundering laws – OUT-LAW.com

Posted September 13th, 2022 in money laundering, news, regulations, terrorism, trusts by tracey

‘New UK government requirements for trust registration under the anti-money laundering (AML) and counter terrorist financing (CTF) regulations have come into force.’

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OUT-LAW.com, 12th September 2022

Source: www.pinsentmasons.com

Director was not personally liable for actions of a company – OUT-LAW.com

Posted September 13th, 2022 in company directors, misrepresentation, negligence, news by tracey

‘When a claimant sues a company, they often also bring a claim against senior management to ensure that there is a solvent defendant against which any judgment can be enforced.’

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OUT-LAW.com, 12th September 2022

Source: www.pinsentmasons.com

Disclosure: a guide to seeking Norwich Pharmacal orders – OUT-LAW.com

Posted August 26th, 2022 in disclosure, news, third parties, victims by tracey

‘A Norwich Pharmacal Order (NPO) is a disclosure order available in England and Wales which allows information to be obtained from third parties who have become ‘mixed up’ in wrongdoing, helping victims to investigate, pursue those ultimately responsible and recover their losses.’

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OUT-LAW.com, 25th August 2022

Source: www.pinsentmasons.com

14,000 online whistleblowers prompt HMRC crack down on furlough fraud – OUT-LAW.com

Posted August 25th, 2022 in benefits, coronavirus, fraud, news, whistleblowers by sally

‘UK businesses have been warned to expect a crackdown on furlough fraud by one legal expert, after HM Revenue & Customs (HMRC) revealed that almost 14,000 whistleblowers had come forward with information about misuse of the scheme.’

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OUT-LAW.com, 24th August 2022

Source: www.pinsentmasons.com

Football clubs warned over tax risk from dual-role agents – OUT-LAW.com

Posted August 22nd, 2022 in contracts, HM Revenue & Customs, news, sport, taxation by tracey

‘Football clubs in the UK have been warned that they may be underpaying tax owed in respect of player contracts in cases where agents have represented both them and the player in the contract negotiations.’

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OUT-LAW.com, 19th August 2022

Source: www.pinsentmasons.com

Supreme Court decision highlights complexity of the UK’s tax system – OUT-LAW.com

Posted August 17th, 2022 in appeals, corporation tax, HM Revenue & Customs, news, Supreme Court, taxation by sally

‘A recent UK Supreme Court decision is a reminder of some of the issues that need to be considered when calculating UK corporation tax profits whilst also highlighting the complexity of the UK’s tax system.’

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OUT-LAW.com, 15th August 2022

Source: www.pinsentmasons.com