In Blu-Sky Solutions Ltd v Be Caring Ltd [2021] EWHC 2619 (Comm) the High Court in England held that a supplier's standard terms and conditions ("T&Cs") are incorporated into a contract by reference if the contract provides that, upon signing the contract, the customer accepts that it has reviewed and agreed to the relevant T&Cs ...
Led by Legal Director of Immigration, Rachel Harvey and Employment Partner, Emma Morgan, this webinar provided an insight into how best to remain compliant with Employment and Immigration requirements. Guidelines in this area are frequently subject to change and it is therefore crucial that employers remain aware of the rules and their potential wider implications ...
The potential for employees with differing protected characteristics to come into conflict with one another at work is an increasing problem for employers. We set out five top tips for employers when handling such conflicts in the workplace. Current caselaw Discrimination law in the UK protects those who have a protected characteristic, whether that be their race, religion or belief, sex, sexual orientation, disability or age among others ...
Sir Andrew McFarlane, President of the Family Division gave an address to the Jersey International Family Law Conference on 8 October 20211. With three years of his term remaining, he set out two areas where he intends on devoting additional time. The first is ‘transparency’ in the Family Court and the second is the resolution of Private Law disputes between parents regarding the care arrangements for their children after separating ...
Our homes have evolved in the last 18 months. They have become a bit more “mixed use” - school, office, gym, doctors’ surgery and even kitchen disco. The enforced focus on the use of our homes during the pandemic - particularly their inadequacies, together with the flexibility that working from anywhere has brought - has created unprecedented demand to move house and / or relocate ...
Since 1 October 2021, the requirements for prepacked for direct sale food labelling changed, offering increased protection to the estimated one in four people with food allergies in the UK. What is PPDS? Prepacked for direct sale (PPDS) is food that is: presented to the consumer in packaging; packaged before the consumer selects or orders it; and packaged at the same place it is sold ...
The Fit for 55-package To achieve EU’s Paris climate goals, the EU Commission presented in December 2019 the European Green Deal, including a commitment to reduce greenhouse gas emissions by at least 55% by 2030 (compared to 1990 levels) and become carbon neutral by 2050 ...
This month the Committee of Advertising Practice (CAP) and the Broadcast Committee of Advertising Practice (BCAP) released new guidance for advertisements used to promote in-game purchases. This guidance applies to providers of online gaming services that offer users the opportunity to purchase virtual items in real-time, such as virtual currencies or extra lives ...
British businesses have long relied on temporary labour from the European Union to service short or medium-term projects. From an immigration perspective, prior to Brexit this relationship used to be frictionless. There was no red tape and no need to worry about what was or was not permitted under the UK’s immigration rules and policies. People arrived, people worked, people left and businesses were happy ...
Toppan Holdings Limited and Abbey Healthcare (Mill Hill) Limited v Simply Construct (UK) LLP In the case of Toppan Holdings Limited (“Toppan”) and Abbey Healthcare (Mill Hill) Limited (“Abbey”) v Simply Construct (UK) LLP (“Simply”) the TCC held that a collateral warranty between Abbey and Simply was not a construction contract and therefore Abbey could not enforce an adjudication between the parties ...
Every day, our digital footprint gets larger as we continue to rely more heavily on technology in our day-to-day lives. From an inheritance and succession point of view, this poses an important question: What happens to our digital assets when we die? Often when writing a will, people will consider any physical property they own as well as any investments and sums held in bank accounts ...
In our fourth article on whistleblowing claims we focus on the need, in sensitive situations where concerns of serious (and perhaps even criminal) wrongdoing are raised, for the complaint to be dealt with confidentially and/or anonymously where possible ...
Many separating parents use the Government’s online calculator to agree their child maintenance payments. We are fully supportive of parents reaching their own agreements, however using the online calculator may not always result in the right payment if parents are not fully conversant with the rules. Even parents who formally apply for an assessment by the Child Maintenance Service (previously The Child Support Agency) need to be on their guard ...
The Pension Schemes Act 2021 (the 'Act') amends the Pensions Act 2004 (the '2004 Act') in order to provide the Pensions Regulator ('TPR') with a wealth of new powers. Now that the day we have all been waiting for, 1 October 2021 (when the majority of the Act’s provisions were due to come into force) has come and gone, we’re taking a look the material provisions which came into force on that date - and what those changes mean ...
October 2021 Ordinances n°2021-1192 and 2021-1193 of September 15, 2021, respectively reforming security law and amending Book VI of the French Commercial Code, implement mandates of the PACTE Law of May 22, 2019[1] to: modernize security law[2], improve the articulation of security law with collective proceedings law[3] and transpose the (EU) Directive 2019/1023 of June 20, 2019[4], known as the "Restructuring and Insolvency Directive"[5] ...
Ships, Spitfires and Shoosmiths’ Solent planning team, Southampton is home to them all. Previously known as ‘The Gateway to the World’, for years people have visited Southampton to reach distant and exotic locations. As one of England’s foremost commercial ports, Southampton has a unique cultural heritage, a thriving commercial centre, and a bright future ...
In our final quarterly case law update for 2021, we look at some of the key cases published since July 2021 and consider the lessons we can learn from them. Furlough and redundancy As a result of the backlog within the Employment Tribunal system, we are only just starting to see the Tribunal making decisions on the actions taken by employers during the pandemic, specifically in their use of furlough under the Coronavirus Job Retention Scheme (CJRS) ...
Is the sale or purchase of software by an agent on behalf of its principal a sale or purchase of ‘goods’ for the purposes of the Commercial Agents (Council Directive) Regulations 1993 (the “Regulations”) within the technology sector? Following the Court of Justice of the European Union (the “CJEU”) preliminary ruling in The Software Incubator Ltd v. Computer Associates UK Ltd case, we move a step closer to a much-needed consistent answer ...
The shift to flexible working has never been more pronounced than now as we make a steady return to the workplace following the pandemic. National headlines recently highlighted the risk for employers of failing to properly consider requests for flexible working. The case of Thompson v Scancrown Ltd t/a Manors resulted in the claimant, Mrs Thompson, being awarded just over £180,000 for indirect discrimination following the rejection of her flexible working request ...
The government has announced a series of measures to tackle ongoing shortages of heavy goods vehicle (HGV) drivers and poultry workers in the UK. This includes relaxing immigration rules to offer over 10,000 temporary visas in the run up to Christmas. Brexit, the Coronavirus pandemic, tax changes and additional factors such as an ageing workforce have all contributed to a shortage of food processing workers and HGV drivers in the United Kingdom ...
“... an adjudicator should think very carefully before ruling out a defence merely because there was no mention of it in the claiming party’s notice of adjudication. That is only common sense: it would be absurd if the claiming party could, through some devious bit of drafting, put beyond the scope of the adjudication the defending party’s otherwise legitimate defence to the claim ...
ALRUD regulatory practice has prepared a review for 'Legal Regulatory Guide Russia', which summarizes the most significant changes and trends in Russian legislation, in the field of administrative regulation of business in the first and second quarters of 2021. The review was published with the participation of ALRUD experts - Maxim Alekseev, Senior Partner and Head of ALRUD Regulatory practice, Timur Akhundov, Senior Associate, Dina Kravchenko, Associate, and Boris Pribylov, Associate ...
Executive Summary For organisations transferring personal data from the EEA, the new form of model clauses must now be used for any new transfers agreed as of 27 September 2021. Existing arrangements using the “old” European model clauses have until December 2022 to be replaced with one of the new versions ...
The Technology and Construction Court in Downs Road Development LLP v Laxmanbhai Construction (UK) Ltd [2021] EWHC 2441 (TCC) held that an Adjudicator’s decision not to consider a line of defence was a breach of natural justice and was not enforceable, nor could part of the decision be severed. The case also contained interesting commentary as to the ‘intent’ behind the issuing of a payment notice, and how this may affect the validity of the notice ...
On Monday the White House announced that the COVID-19 travel restrictions imposed on passengers from the UK and most of the EU would be eased, allowing fully vaccinated passengers to enter the country from early November. This will be welcomed by families that have been kept apart as a result of the ban first imposed by President Trump 18 months ago. The UK moved to end similar restrictions on US travellers in July, and both sides of the pond are once again open for business ...
