Articles by Ellen Gallagher

Brexit and the creative industries

Theresa May, the new Prime Minister, stated “Brexit means Brexit”, but it is not yet known what Brexit means for the UK.  There is much speculation as to whether the UK will adopt a Norwegian, Swiss or Canadian model for trading with EU, or something else entirely.  In reality, it is impossible to know what […]

Negotiating a settlement: without prejudice privilege

All disputes can get messy and landlord and tenant disputes are no different.  Where the right to occupy a property is critical, either for business or residential purposes, the stakes are high for both sides.  Whatever the strengths and weaknesses of a case, litigation can be stressful and costly and sometimes settling a dispute is […]

Rugby World Cup and player safety: the policing of acts of foul play – is it enough?

Rugby World Cup fever is well upon us, with record attendances, the odd upset (South Africa v Japan) and the old rivalries (England v Wales) adding to the excitement. Needless to say, the debate surrounding players’ safety has reignited (if it ever went away), in particular in relation to the potential for head injuries. With the eyes […]

Competition law and the cultural industries: is there now a “social” exemption?

Collective agreements between unions and employers setting minimum rates of pay which are intended to improve working conditions of employees generally fall outside the scope of competition law.   So trades unions can agree minimum fees for their members without fear of fines for breaches of the prohibition on cartels. But what about collective agreements entered […]

Landlords of residential accommodation beware! New immigration rules in force in the Midlands

As of 1 December 2014, landlords of private rented accommodation in certain parts of the Midlands are under an obligation to check and keep records of the immigration status of their tenants and other authorised occupiers in advance of letting their property or accepting them as a lodger.  Failure to do so could lead to […]

The Music Plays On – Extended Copyright Protection for Performers

The Intellectual Property Office has published its analysis of responses to the draft amendments to the Copyright, Designs and Patents Act 1988 extending copyright protection for performers and in sound recordings.

Help for Landlords Recovering Cost of Major Works

The Supreme Court’s decision in Daejan v Benson may help landlords recover the costs of major works through the service charge, even if they fail to carry out the statutory consultation procedure.

Landmark Judgment in Fight Against Online Piracy: BT Forced to Block Access to Newzbin2

The Motion Picture Association (MPA), which represents a number of Hollywood film studios, has been successful in its application to the High Court to prevent BT from allowing its ISP customers to access the Newzbin2 website. The landmark judgment was handed down on 28 July 2011 by Mr Justice Arnold. The MPA argued that the […]