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Shoosmiths LLP | February 2011

Website accessibility is a requirement of the Equality Act 201.  The first of a two-part article explaining Equality Act 2010 to websites. In our last article, Website accessibility: Industry standards and best practice, we considered how the Equality Act 2010 would be implemented, and considered what the new BSI Standard for website accessibility might look like ...

Shoosmiths LLP | January 2011

In the second of a two-part look at issues arising out of the tender process we consider what can happen when that process is poorly run. Part 1 of the series can be found at IT tendering: Leveraging the benefits. A typical tender process involves the customer analysing and documenting its requirements in a Request for Proposals (RFP) to which interested suppliers will prepare a response ...

Shoosmiths LLP | January 2011

In a recent article we looked at some of the employment risks for customers associated with cloud computing. Following on from Cloud computing: Employment law implications, we now consider how best to assess the other risks associated with cloud computing ...

Shoosmiths LLP | September 2010

IT projects: It’s a team game 28 September 2010 IT projects have a knack of over-running for significant periods, requiring ‘out-of-scope’ changes half way through, and consequently going over budget. Although any project will develop and evolve over time, such problems can be minimised through sensible project management methods. It is not uncommon for IT projects to last several months, if not years, from conception to completion ...

Shoosmiths LLP | September 2010

The Bribery Act 2010 is due to come into force in April 2011, with significant implications for organisations incorporated or formed in the UK. It also affects those carrying out their business or part of their business in the UK wherever in the world they were incorporated or formed. The Act goes much further than the existing legislation and similar foreign legislation, such as the US Foreign and Corrupt Practices Act ...

Shoosmiths LLP | September 2010

  02 September 2010 In July 2010 the British Property Federation and the Construction Clients' Group reported that two thirds of companies commissioning construction services have no knowledge whatsoever of the Construction (Design & Management) Regulations. These regulations - commonly referred to as the CDM Regs and updated in 2007 - apply to almost all construction projects undertaken in the UK ...

Shoosmiths LLP | May 2010

Shoosmiths - EnglandWhat is disclosure? It is the stage of a dispute when each party is required to disclose to the other party the documents relevant to the issues in dispute. It normally takes place after each party has set out its position in their statement of case ...

Shoosmiths LLP | May 2010

As of 6 April 2010, the sick note will change and become the fit note, allowing doctors to advise on how employees may be able to return to work.   Employers must not be mistaken with how this new regime fits with the existing reporting procedures under The Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 1995 (RIDDOR) for over three day injuries ...

Shoosmiths LLP | April 2010

The answer is that they were both the subject of two recent decisions which shed further light on the ability to register three-dimensional shapes as trade marks. On the face of it, a three dimensional shape may be registered as a trade mark provided it meets the usual criteria (distinctive, non-descriptive, capable of distinguishing goods of one business from another etc) ...

Shoosmiths LLP | April 2010

Maintaining cash flow is a significant challenge in the current economic climate. What started as a 'credit crunch' is now a real squeeze for business - with customers trying to defer payment terms while suppliers apply pressure for earlier payment.   Pre-contract Truly effective credit management begins at the pre-contractual stage, as this is usually the point of greatest leverage with the customer ...

Shoosmiths LLP | April 2010

Website owners have had a legal duty to make their websites accessible to the disabled for more than a decade. With the new Equality Act 2010 reinforcing those duties later this year, now is a good time for website owners to remind themselves of their duties and prepare for the new Act ...

Shoosmiths LLP | April 2010

The Bribery Bill has finally become law, introducing a completely new regime with which British businesses will need to comply.   The old law has been widely criticised, with the Organisation for Economic Co-operation and Development stating recently that it was ‘characterised by complexity and uncertainty’ ...

Shoosmiths LLP | April 2010

The music, film and broadcast industries look set to get the robust protection from illegal peer-to-peer (P2P) file-sharing they crave, as the Digital Economy Bill moves closer to becoming law. It passed its third reading at the House of Commons on 7 April ...

Shoosmiths LLP | April 2010

The High Court has ruled that contractual interest will form part of any agreed liability cap, but that statutory interest arising from the exercise of the court's discretion will not. In Markerstudy Insurance Co Ltd and others v Endsleigh Insurance Services Ltd, the claimants alleged widespread breaches by the defendant of a number of agreements, causing the claimant to suffer loss of approximately £14m ...

Shoosmiths LLP | March 2010

The European Court of Justice (ECJ) has today given its decision on the question of whether or not Google AdWords are a trade mark infringement. This case had the potential to change dramatically the way we viewed the question of what constitutes ‘trade mark use’ and therefore ‘infringement’ ...

Shoosmiths LLP | February 2010

Bigger fines predicted for organisations guilty of corporate manslaughter  The long awaited definitive guidelines for sentencing organisations guilty of either corporate manslaughter or a health and safety breach which causes death have been published ...

Shoosmiths LLP | February 2010

The verdict has finally arrived in the long-running IT dispute between EDS and BSkyB, for which the trial ended over a year ago. With legal fees of around £70m and an anticipated damages award of £200m (against a contract reportedly worth only £48m), the case will change the landscape of supplying IT products and services forever.  EDS supplied a customer relationship management system to BSkyB ...

Shoosmiths LLP | February 2010

The Apprenticeships, Skills, Children and Learning Act 2009 (the "Act") received Royal Assent on 12 November 2009. Among other things it introduces a new statutory right for employees to request time off from work to study or train. From 6 April 2010 the new right only applies to employers with 250 or more employees. It is expected to apply to all other employers from 6 April 2011 ...

Shoosmiths LLP | January 2010

The Provision of Services Regulations 2009 (Regulations) came into force on 28 December 2009 and created new obligations for service providers. The Regulations stem from the EU Services Directive (Directive), which aims to simplify regulatory and administrative procedures in relation to establishing and carrying on services in the EU, thereby encouraging more services to be provided on a cross-border basis ...

Shoosmiths LLP | January 2010

Interest rates have remained at an all time low of 0.5% for 10 months in a row and the Bank of England is continuing with its quantitative easing programme. It has been upped to a £200bn asset purchase programme to increase the money in the UK’s financial system and boost bank lending. Meanwhile, total government debt is projected to rise to £1.4 trillion, nearly doubling to 80% of GDP ...

Shoosmiths LLP | January 2010

A costly mistake by the Ministry of Defence (MoD) has highlighted the importance of careful drafting to ensure access to a software program’s source code. The source code is the line of code in which the software is written, in language intelligible to a suitably trained software developer. Through the use of a compiler, the source code is converted to object code which forms the software program ...

Shoosmiths LLP | December 2009

In our final procurement update of 2009 we report on two important administrative changes: new advertising thresholds, and new OJEU notices. New advertising thresholds published These will apply for two years from 1 January 2010.  As predicted, because Sterling has been so weak against the Euro, the Sterling thresholds have actually gone up significantly (meaning slightly fewer contracts will be caught by the full Regulations) ...

Shoosmiths LLP | November 2009

At the same time, the effective rate of tax on dividends for high earners will rise from 25% to 36%. No changes are currently proposed to the rate of capital gains tax which means it will remain at 18%. However, both main parties have now admitted that further tax increases are likely. With the gap between income tax and capital gains being a massive 32%, it seems unlikely that the current generous rate of capital gains tax will remain in place ...

Shoosmiths LLP | November 2009

When a company goes into administration, a statutory moratorium takes effect to help the administrators achieve the objectives of the administration. Amongst other things this means that no legal process can be started or continued against the company without the consent of the administrators or the court ...

Shoosmiths LLP | October 2009

Lenders who take legal charges over real property usually require their interest to be 'noted' on the insurance policy covering the property. However, this may not give them the protection they require, especially in the current economic climate. It is quite appropriate that lenders want to be certain that insurance arrangements covering a property used as security are satisfactory ...

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