The Court of Appeal has provided useful insight into the meaning of the phrase 'as soon as possible' in relation to insurance policy notification obligations. How will this decision impact upon both insurers and insured parties? In Zurich Insurance plc v Maccaferri Ltd [2016] EWCA Civ ...
Residential developers should be aware that agreeing to enter a Land Registry restriction on the title to a property may inhibit their ability to manage it. A positive obligation relating to land will not, as a matter of law, bind future owners of the land. To ensure that it will, the original parties to that land obligation will often agree that any future owner enters into an identical obligation on its purchase of the land ...
'Close of business' is a term many people use in their day to day working life without much thought. But what does it actually mean and should the term be used in contractual documentation? Agreeing to get something done by 'close of business' is a phrase often used when flexibility is required as to the time a task will be completed. It makes it clear the task will be done that day, but not by a particular time ...
A recent case has demonstrated the importance of inspecting the boundaries of a property before buying it. Solicitors will generally advise a client buying a property to carry out an inspection beforehand, to check that nothing unusual is revealed. Typical issues that might be spotted are boundaries that do not follow the Land Registry's title plan and gaps in a fence suggesting that third parties are using the property as a short cut ...
The most recent example of a fashion designer losing the right to use his/her name came about this week. Karen Millen lost her court battle to challenge the agreement reached after the sale of her business to Baugur for £95m in 2004 which stated that she could not use her name in business in the future ...
Businesses face an increasing number of challenges and one of the most severe and potentially damaging is that of cybercrime. Fallout from a cyber-attack can result in both physical as well as reputational damage and the loss of business and customers. Chilling words - particularly given how much British businesses now rely on their online presence ...
With increasing numbers campaigning for Britain to leave the EU, ever closer union is looking ever more uncertain. Opinion about the positive and negative aspects of Britain remaining within the EU is diverse. Whatever decision is made, companies need to be prepared for the potential outcomes. This article looks at the likely impact of the referendum (whatever its outcome) and provides some positive steps for companies to take ...
The Modern Slavery Act 2015 introduces a new area of compliance for commercial organisations. The Act is amongst the toughest anti-slavery and human trafficking legislation in the world. Although legal penalties are restricted, interest from patients, consumers, investors, NGOs, pressure groups and brand risk is expected to enforce compliance ...
The National Minimum Wage (Amendment) Regulations 2016 come into force on 1 April 2016. Employers need to be aware of their new obligations in good time to ensure compliance. What is the National Living Wage? The National Living Wage (NLW) is a new, mandatory premium to be paid on top of the current national minimum wage (NMW). This will increase minimum pay for all workers over the age of 25. Workers under this age will be unaffected ...
The government recently published draft legislation introducing an apprenticeship levy which is expected to come into force on 6 April 2017. In this article we look at the impact on employers. What is the apprenticeship levy? In last year's budget, the government announced its intention to introduce a levy on large employers in order to fund 3 million new apprenticeships in England by 2020 ...
The European Court of Justice ruled last October that the data sharing framework between the EU and US, referred to as Safe Harbor, is no longer valid. On 2 February 2016, the EU and US authorities agreed in principle on a 'new' arrangement, known as the 'EU-US Privacy Shield', which is intended to replace 'Safe Harbor' ...
With the use of zero-hours contracts 'ZHCs' increasing and new regulations in this area coming into effect, employers should ensure compliance with the new rules. Background Since our previous article, the Exclusivity Terms in Zero Hours Contracts (Redress) Regulations 2015 (the 'Regulations') came into force on 11 January 2016 ...
On 22 September 2015, the U.S. District Court for the Central District of California considered whether Warner/Chappel Music, Inc. (Warner) owned the copyright to the infamous Happy Birthday lyrics. U.S. District Judge George H. King held that Warner, which had been receiving c$2million dollars per year in royalties, failed to adduce convincing evidence that it owned the copyright to the Happy Birthday lyrics (as distinct from the melody which is already in the public domain) ...
The government's stated approach to transparency in the supply chain provisions is to strike a balance between improving transparency in the supply chain whilst ensuring that businesses take appropriate and proportionate action to tackle modern slavery. The government's response provides useful definitions which are encompassed within the term 'modern slavery' for the purposes of the Modern Slavery Act 2015 ...
One of the central functions of a contract is to be able to enforce its obligations. Within the EU, under the new Recast Brussels Regulation (the Regulation), it is now easier, quicker and cheaper to enforce EU judgments within England and Wales. The Regulation applies to all proceedings instituted on or after 10 January 2015 within the EU. This article looks at the key changes introduced and key points to be aware of when seeking to enforce ...
On 10 January 2015, new EU rules on jurisdiction and enforcement of judgments in civil and commercial matters came into effect as a result of the Brussels Regulation (recast) (Regulation (EU) 1215/2012) (the recast Regulation). Although the recast Regulation introduces several important changes to the Brussels regime, this article considers the controversial arbitration exclusion to that regime and looks at the likely impact for commercial parties ...
In recent weeks the US Department of Justice and U.S. Environmental Protection Agency announced a substantial settlement with the car manufactures Hyundai and Kia. The car manufacturers agreed to pay $100 million penalty as a settlement, arising from a complaint that the car companies sold nearly 1 ...
The Richemont Group, owner of a number of luxury brands including Cartier, Montblanc and IWC, has secured a landmark website blocking order against the five main retail internet service providers (ISPs) in the UK (SKY, BT, EE, Talk Talk, and Virgin). Building upon the website blocking orders available to copyright holders, Richemont applied to the Court for orders requiring the ISPs to prevent subscribers' access to six websites (including www.cartierloveonline.com, and www.ukmontblancoutlet.co ...
Last month a USA court found that a hit song performed and co-written by Shakira was in fact copied from an earlier work. So what happened? Shakira had previously collaborated with Dominican rapper El Cata on the song 'Loca'. The song, which sold over 5,000,000 copies worldwide, also featured on her album 'The Sun Comes Out' ...
An employee or witness who is fearful of giving evidence as part of a disciplinary process can cause difficulties for an employer. We look at the issues you should consider when dealing with such an individual. Can anonymity be guaranteed? Where an employee is accused of misconduct, your first step will be to investigate the matter and gather accurate evidence as part of a fair disciplinary process ...
According to the Court of Justice of the European Union (CJEU), commission should be taken into account when calculating holiday pay (see Lock v British Gas). At the end of July, the Employment Appeal Tribunal will consider whether voluntary and/or regular overtime and emergency call-out payments, should also be taken into account when calculating holiday pay (see Neal v Freightliner) ...
New regulations that ban businesses from imposing excessive fees on consumers making payments will extend to small businesses from 12 June 2014. The Consumer Rights (Payment Surcharges) Regulations 2012 (the 'regulations') - the first of many legislative changes that form part of the major ongoing overhaul of consumer protection legislation - came into force for most businesses on 6 April 2013 ...
Following the deportation by the Sri Lankan authorities of a British tourist because she had a Buddha tattoo on her arm, we look at the issue of tattoos in the workplace, and whether employers should, or indeed must, allow employees to have tattoos. What's the problem? The issue for the Sri Lankan authorities was the alleged insult to Buddhism caused by the tattoo ...
The Advance Payments Code provides a protection mechanism for local highway authorities to ensure that they are not unexpectedly required to meet the costs of new roads that were not intended to be maintained by the public purse. A local highway authority can serve a notice seeking the payment of, or security for, the estimated cost of construction for the private streets in a development (an APC Notice) ...
At Mobile World Congress in Barcelona this year, leaders from the telecoms sector gathered to discuss pressing issues, conduct business - and launch their latest products. A consistent message heard from those in Barcelona is that there is a rapidly approaching 'data capacity crunch' and that major investment in telecoms infrastructure is needed. The Teleport chief executive has estimated that, globally, mobile network operators will need to invest $1 ...
