A company that obtains information from a number of competitors (for example, to create industry statistics or to provide price comparisons) should be careful not to facilitate the flow of confidential information between those competitors. Two recent cases highlight the potential competition law issues. We will then look at some practical considerations to keep in mind ...
The word ‘radical’ has been used by both supporters and critics alike when commenting on the various proposals set out by the Scottish Government in the Land Reform (Scotland) Bill. This gives a flavour of the tone of the debate. Both sides have also been particularly vocal on the previously little discussed topic of succession and assignation of secure agricultural tenancies. The implications of the proposals are discussed in this briefing ...
The phrase ‘Je suis Charlie’ became one of the most popular twitter hashtags in history following the attacks on the offices of Charlie Hebdo, a French satirical magazine. Nearly 6,500 tweets were sent per minute containing the phrase first coined by artist Joachim Roncin and which has come to symbolise freedom of speech and freedom of the press. However, there have also been several attempts to register the phrase as a trademark ...
The Scottish electorate has voted ‘no’ to independence. However, the ‘no’ vote will still result in constitutional change for Scotland, not least because of the pledge by all main UK political parties to devolve further powers to the Scottish Parliament. Additionally, key provisions of the Scotland Act 2012 will come into force over the next two years giving the Scottish government additional powers and a referendum on the UK’s membership of the EU is proposed for 2017 ...
Shepherd and Wedderburn is particularly pleased to welcome the introduction to the Scottish Parliament of a Bill that will allow businesses and individuals to create effective contracts and finalise agreements and other documents more speedily, having played a central role in its conception, and its content ...
The European Commission published its proposal for a revised EU Pensions Directive on 27 March 2014. The revised Directive on the “activities and supervision of institutions for occupational retirement provision (recast)” (known as“IORP II”) hopes to make those institutions “better governed, more transparent and increasing their cross-border activity, thereby strengthening the internal market” ...
An application to register the word mark BIMBO DOUGHNUTS as a Community Trade Mark (CTM) has been successfully opposed in the European courts. The ECJ upheld the General Court’s earlier decision that there is a likelihood of confusion between the word mark BIMBO DOUGHNUTS and a registered Spanish word mark, DOGHNUTS. (Bimbo SA v OHIM, Case C-591/12 P) ...
The High Court considered whether amendments were valid despite the fact that the deeds of amendment had not been effectively executed. Background The Gleeds Retirement Benefits Scheme was established as a final salary scheme by a partnership in the Gleeds group in 1974. Over the years many amendments were made to the scheme, including amendments relating to equalisation, the introduction of two money purchase sections and closure to final salary benefit accrual ...
European Commission imposes fines of €302m on participants What does this mean for you? The decision The European Commission has imposed fines totalling just over €300 million on the participants in a cartel involving the supply of underground and submarine high voltage power cables for important high voltage power cable projects in the EEA (including large infrastructure and renewable energy projects such as offshore wind farms) ...
In a recent case, the EAT considered whether the fact that an employer had mistakenly invited an employee to a disciplinary meeting rather than a capability meeting was a material factor when considering its objective justification defence against a discrimination claim. The employee in question had been diagnosed with post-natal depression, a long-term disability for the purposes of the Equality Act 2010, and was unable to return to work for the foreseeable future ...
Negotiations are part of our daily lives from an early age. From haggling with teachers over homework to agreeing terms for a new job – we all negotiate regularly throughout our lives. So why then can it be difficult to get some parties to start negotiating when it matters? Parties are unlikely to negotiate if they believe that they can force a better result at a lower cost ...
The Financial Reporting Council (FRC) has commenced consultation on the reviewed UK Corporate Governance Code. The Code, which sets out good practice for UK listed companies across a range of issues, is routinely reviewed every two years ...
The government announced radical changes to the existing rules regarding the way in which people access and use their pension savings in the UK as part of the 2014 Budget. It is proposed that from April 2015 DC pension savers will no longer have to buy an annuity and will be able to access their full fund on retirement and invest it as they wish. In addition, the existing rules around lump sums on retirement and drawdown have been relaxed with effect from 27 March 2014 ...
Judges sitting in the Inner House of Scotland’s supreme civil court, the Court of Session, will no longer wear wigs and judicial robes when hearing civil appeals. Where this is the case the court will not insist that counsel should appear with wig and gown or that solicitors with rights of audience should appear with gowns. Where the court intends to wear wigs and judicial robes, for example at ceremonial sittings, practitioners will be informed accordingly ...
The High Court, County Court and the Magistrates Court have jurisdiction to hear civil matters in England and Wales, with the High Court dealing with the most complex and high value disputes. The County Court hears lower value debt, personal injury and contract claims as well as some technology, construction and patent cases. Until 22 April a claimant could choose to bring their claim in the High Court providing the figure claimed for was over £25,000 ...
Following the Supreme Court’s decision in Bridge Trustees in 2011 (see further here), the Government announced that it would legislate to directly counteract the effect of the judgement and make it clear that benefits under a pension scheme cannot be regarded as money purchase benefits if it is possible for a funding deficit to arise in respect of any of those benefits ...
On 6 April 2014, the historic remedy of distress ceased to exist. The tool that landlords have used for centuries has been replaced by the Commercial Rent Arrears Recovery (‘CRAR’) regime.Tenants have welcomed this development as CRAR prevents bailiffs from simply turning up unannounced at the tenant’s address in order to seize goods. Landlords on the other hand are now faced with a more complex process and the loss of the element of surprise ...
The latest tribunal statistics published by the Ministry of Justice this month indicate a significant fall in the number of employment tribunal claims following the introduction of tribunal fees in July of last year.The number of claims brought in October to December 2013 was down to only 9,801, a whopping 79% fewer than the same period in 2012, and 75% fewer than the previous quarter ...
On Sunday 6 April 2014 a number of changes will be made to employment law. We have put together this list of 5 changes we think you need to know about: Discrimination questionnaires abolished. Section 138 of the Equality Act 2010 allowed employees to serve a formal questionnaire on employers about discrimination matters. If an employer failed to answer fully, the tribunal could draw an adverse inference from such failure. From 6 April 2014 this formal process will be abolished ...
The Government has announced radical changes which are likely to significantly affect the way in which people access and use their pension savings in the UK ...
From Sunday 6 April 2014 anyone wanting to raise an employment tribunal claim will be directed to Acas first to try early conciliation. ere are the key things to be aware of:While early conciliation will be launched on 6 April, it will only be from 6 May that the scheme becomes mandatory for most claims and the tribunals will reject an ET1 if the Claimant hasn’t contacted Acas first.Parties do not need to actively engage in conciliation ...
If all’s fair in love and war, and business is war, it must follow that all is fair in business. We should therefore not concern ourselves with fairness in our business dealings, but focus on maximising our personal gain, irrespective of the impact of our decisions on others. Adopting the above approach is not only likely to harm you but also your business. People are social beings and have evolved to reward cooperation and punish avarice. Take two individuals - Mr Smith and Mr Jones ...
The new EU Procurement directive was published in the Official Journal of the EU today (28 March 2014) and will come into force on 17 April 2014. This article summarises some of the key changes from the new Directive which are likely to be of interest to both the public and private sector. The UK will have 2 years to implement the Directive but the government has suggested that it will be implemented in a shorter timescale ...
A decision of the Court of Justice of the European Union (CJEU) in 2011 appeared to limit the options for large television companies seeking to prevent unlicensed viewing. It was held in that case, involving the Football Association Premier League Ltd, that the use of foreign decoders to broadcast Sky television in public places could not be prevented because of EU competition rules ...
The Department for Work and Pensions (DWP) has issued its response to the consultation on the exemption of certain categories of worker from the scope of automatic enrolment. While the DWP considered a range of potential exemptions, it has decided that exemptions are only appropriate in a limited number of situations ...
