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‘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.’
OUT-LAW.com, 15th September 2022
Source: www.pinsentmasons.com
‘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.’
OUT-LAW.com, 14th September 2022
Source: www.pinsentmasons.com
‘New UK government requirements for trust registration under the anti-money laundering (AML) and counter terrorist financing (CTF) regulations have come into force.’
OUT-LAW.com, 12th September 2022
Source: www.pinsentmasons.com
‘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.’
OUT-LAW.com, 12th September 2022
Source: www.pinsentmasons.com
‘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.’
OUT-LAW.com, 25th August 2022
Source: www.pinsentmasons.com
‘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.’
OUT-LAW.com, 24th August 2022
Source: www.pinsentmasons.com
‘R (Iyieke) v Secretary of State for the Home Department [2022] EWCA Civ 1147 (11 August 2022). The Court of Appeal has held that Mr Victormills Onyekachi Iyieke, who had applied for indefinite leave to remain (“ILR”) on the ground of 10 years’ continuous lawful residence in the UK and who had a period of overstaying in 2014 “book-ended” by periods of leave was not able to rely on paragraph 276B(v) of the Immigration Rules. It is notable that current overstaying and previous overstaying between periods of leave are referred to as “open-ended” and “book-ended” overstaying. Furthermore, the Court of Appeal observed that under paragraph 276B(v) a period of overstaying between periods of leave was disregarded where the previous application was made before 24 November 2016 and within 28 days of the expiry of leave. Mr Iyieke had made an application within 28 days of the expiry of his leave in 2014—that was unsuccessful and he was later granted temporary admission on other grounds. In paragraph 276B(v), “the previous application” could not refer to any unsuccessful application made in a period of book-ended leave before 24 November 2016. The reference was to “the” previous application and not “a” previous application and “the” previous application had to have resulted in a period of leave. Mr Iyieke had a post-study work visa which expired on 9 August 2014. He applied for leave to remain on 2 September 2014, which was within 24 days of the expiry of his post-study work visa.’
EIN Blog, 18th August 2022
Source: www.ein.org.uk
‘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.’
OUT-LAW.com, 19th August 2022
Source: www.pinsentmasons.com
‘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.’
OUT-LAW.com, 15th August 2022
Source: www.pinsentmasons.com
‘A recent UK ruling does not mean that clauses in contracts that place restrictions on the price suppliers can offer products or services on other sales channels beyond their own are acceptable under competition law, an expert has said.’
OUT-LAW.com, 11th August 2022
Source: www.pinsentmasons.com
‘The English courts have adapted quickly to increasingly complex disputes involving crypto assets, a legal expert has said, following a recent ruling in a dispute over the ownership of an account worth roughly £30 million.’
OUT-LAW.com, 5th August 2022
Source: www.pinsentmasons.com
‘The European patent landscape is changing significantly with the introduction of the unitary patent (UP) and Unified Patent Court (UPC). The UPC will provide a one-stop shop for patent litigation throughout a large part of Europe. Decisions will be made by local and regional divisions of the UPC based across Europe that sit under the umbrella of one centralised judicial framework.’
OUT-LAW.com, 1st August 2022
Source: www.pinsentmasons.com
‘Lawyers must take note of a court’s refusal to allow multiple claimants with widely differing claims to use a single claim form, a legal expert has warned.’
OUT-LAW.com, 27th July 2022
Source: www.pinsentmasons.com
‘Construction companies contracted to design and build cladding systems for buildings may have to pick up the cost of replacing those systems in light of a new ruling by the High Court in London.’
OUT-LAW.com, 25th July 2022
Source: www.pinsentmasons.com
‘In this appeal involving indefinite leave to remain (ILR) on the basis of 10 years’ continuous lawful residence and notices, the Court of Appeal held that Mr Marepally whose application for leave to remain had been rejected by a deficient notice, which failed to inform him of his right to appeal, could not rely on section 3C(2)(a) of the Immigration Act 1971 in order to extend his overall period of leave so that he accrued 10 years’ continuous lawful residence. Moreover, the failure to inform him of his right to appeal had caused no injustice as his appeal would have failed in any event. Mr Marepally had a complex immigration history and appealed against the decision that he was not entitled to indefinite leave to remain in the UK. He had entered the UK in February 2009 with entry clearance until 30 April 2014 as a Tier 4 student. Mr Marepally’s leave to remain as a student was curtailed in January 2014, and his application for further leave to remain was rejected. On 29 April 2014 he applied again (unsuccessfully) for leave to remain as a student. His appeal was eventually allowed on 6 May 2016 after which he varied his April 2014 application (on 25 January 2017) by applying for leave to remain as a Tier 5 worker. That application was refused on 29 March 2017, but the notice was deficient and it did not inform him of his right to appeal.’
EIN Blog, 25th July 2022
Source: www.ein.org.uk
SI 2022/867 – The Attachment of Jersey to the Diocese of Salisbury Order 2022
SI 2022/865 – The International Criminal Court Act 2001 (Guernsey) Order 2022
SI 2022/860 – The Money Laundering and Terrorist Financing (Amendment) (No. 2) Regulations 2022
SI 2022/858 – The Beavers (England) Order 2022
SI 2022/853 – The Sizewell C (Nuclear Generating Station) Order 2022
SI 2022/850 – The Russia (Sanctions) (EU Exit) (Amendment) (No. 14) Regulations 2022
Source: www.legislation.gov.uk
‘New data protection laws proposed by the UK government are intended to promote data-driven innovation and reduce some of the burdens organisations have come to associate with the General Data Protection Regulation (GDPR).’
OUT-LAW.com, 20th July 2022
Source: www.pinsentmasons.com
High Court (Administrative Court)
Bennett & Ors v Director of Public Prosecutions [2022] EWHC 1822 (Admin) (14 July 2022)
High Court (Queen’s Bench Division)
Abbott & Ors v Ministry of Defence [2022] EWHC 1807 (QB) (15 July 2022)
Lindsay v O’Loughnane [2022] EWHC 1829 (QB) (14 July 2022)
High Court (Technology and Construction Court)
Martlet Homes Ltd v Mulalley & Co Ltd [2022] EWHC 1813 (TCC) (14 July 2022)
Source: www.bailii.com
‘Ill health pensions are frequently the subject of complaints to the UK’s Pensions Ombudsman (PO), who has helpfully explained his role and approach in two recent determinations.’
OUT-LAW.com, 14th July 2022
Source: www.pinsentmasons.com
‘The latest data on workplace fatalities in Britain should sharpen the focus of employers on ensuring their workplaces are safe environments for both workers and members of the public, a health and safety expert has said.’
OUT-LAW.com, 13th July 2022
Source: www.pinsentmasons.com
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