Draft e-Privacy Regulation published by EU Comission

On 10 January 2017, the European Commission presented its formal proposals for a new ePrivacy Regulation. These represent an overhaul of privacy rules relating to direct marketing, cookies and similar technologies, and other forms of online monitoring. The Commission’s aim is to have the new Regulation adopted by 25 May 2018. Accordingly, unless the UK […]

Recent ruling highlights different disclosure requirements for accountants and solicitors

Question: what is the extent of solicitors’ duty of disclosure, and in particular is there a duty to disclose information gained from acting for one client to another? The decision in Harlequin Property (SVG) Limited v Wilkins Kennedy (a Firm) [2016] EWHC 3188 (TCC) held that accountants do not owe such a duty and in […]

Lessons for the food and restaurant trade from the Fabric case

The high profile closure of Fabric, and recent resolution to enable it to re-open, may seem a far cry from the average retail food offering. Much of it was! However, there are some important points to take on board, which are applicable more widely. First of all, know your permitted hours and conditions. All those […]

My Submission to Lord Justice Jackson’s Review of “Fixed Recoverable Costs”

Jonathan Haydn-Williams has made a written submission to Lord Justice Jackson’s review of “Fixed Recoverable Costs”. His 30 second summary: Jackson LJ is to report later in the year on proposals to limit the legal costs which a successful party can recover from the losing one, in claims up to £250,000. I think it is […]

Residence Nil-Rate Band: the basics

The estate of an individual who dies on or after 6 April 2017 may qualify for an increased tax-free amount, the residence nil-rate band (RNRB), if their estate includes an interest in a home which is being left to their direct descendants. This is in addition to the existing nil rate band (NRB) of £325,000 […]

EC Proposals for a directive on copyright in the digital single market

  Implications for book publishers Context “The evolution of digital technologies has changed the way works… are created, produced, distributed and exploited… even though the objectives and principles laid down by the EU Copyright framework remain sound there is a need to adapt it to these new realities…”.  This is how the EC set the […]

Can I sack an employee for criticising their place of work on social media?

The problem One of my team members has posted a comment on his personal Facebook page saying that he hates his work, our customers and his colleagues. The comment was made in his own time on his home computer, but it has been seen by some of our regular diners. Can I dismiss him? The […]

Guide to the General Data Protection Regulation (GDPR)

The General Data Protection Regulation (GDPR) represents the new legal framework of data protection law across the EU and is due to come into force on the 25 May 2018. The GDPR will supersede the Data Protection Directive (DPD), which has governed EU data protection law for over 20 years since its introduction in 1995. […]

Adjudication: recoverability of claims consultants’ costs

In Octoesse LLP v Trak Special Projects Limited [2016] EWCH 3180, the Technology and Construction Court (TCC) decided that the costs of claims consultants assisting in adjudication enforcement proceedings can be recovered as disbursements, assuming that those consultants acted in the adjudication. Facts Following a successful adjudication in favour of Trak Special Projects Limited (“Trak”), […]