An area of some confusion among clients, now bracing themselves for the arrival of the GDPR, is on what basis they can continue to market themselves to customers: is fresh consent required, or what are the alternatives? With the 25th of May fast approaching, this short article explains that the new restrictive form of consent […]
Retail know how
New rules to protect pubs from demolition or their conversion to shops and other retail uses recently come into effect…
For those of you amenable to a drink or two at your local pub from time to time, this will come as good news! As from 23 May 2017, permitted development rights to demolish pubs have ceased and there are no longer rights to demolish drinking establishments with expanded food provision, either. Recent Amendments to […]
Dispute resolution in a future EU / UK trade “deal”: what are the likely costs of avoiding indefinite European Court of Justice jurisdiction?
In most commercial negotiations, discussions about dispute resolution procedures are usually left until last. The parties don’t like to poison negotiations by talking about how they resolve disputes before they even reach agreement. But the future resolution of disputes in any eventual EU/UK agreement has exercised both sides already in the embryonic negotiations. This is […]
Given the recent high profile cases involving Uber, CitySprint and the like, the true employment status of purportedly “self-employed” individuals has come under the spotlight. So what is genuine self-employment and what is a worker or an employee? And why does it matter? What are the categories of employment status? There are three categories of […]
Karen Millen has lost yet another legal battle, in this case to use her own name on clothing and household goods in China and the US. In Karen Denise Millen v Karen Millen Fashions Limited and Others, the judge found that the use of Millen’s first name in connection with clothing and accessories would breach […]
Why Britain’s current semi-detachment from EU Competition principles could become complete post Brexit
Much of the speculative commentary on Brexit and its implications for competition law has adopted “a business as usual” analysis. It is said that we are bound to follow EU law while we are members and that it is likely that competition law based on the EU/EEA model will kick in once we leave – […]
We reported recently about the major change in consumer legislation brought about by the Consumer Rights Act 2015 (the “CRA”). http://gdknowledge.co.uk/the-new-consumer-rights-act-2015/ Here we examine what rights are now available to a consumer who purchased Christmas gifts on or after 1st October 2015, when most parts of the CRA came into effect. For those who planned ahead […]
The government’s aim in introducing the Act is to enable small businesses to innovate, grow and compete. The hope is also that internationally it will endorse the UK as a trusted and fair place to do business. The Act received Royal Assent on 26 March 2015 and is set to have a significant impact on […]
Many businesses will be aware of the case of Lock v British Gas which concerned a salesman whose earnings were largely made up of commission. In May 2014, the European Court held that Mr Lock’s holiday pay ought to include an element of commission. This was not simply the commission that Mr Lock had earned […]
Most commercial leases contain a requirement for the tenant to pay the annual rent by equal quarterly payments in advance. The Quarter Days being 25th March (Lady Day), 24th June (Midsummer’s Day), 29th September (Michaelmas Day) and 25th December (no prizes). During the term of the lease the payments fall due on the quarter day […]
***** Stop Press: Katee Dias was recognised as a “Star Legal Writer” by the The Lawyer for this article. ***** Katee Dias Employment Lawyer Goodman Derrick Top Five HR Resolutions As January is often seen as the time for instigating change, we thought it would be helpful to consider some possible New Year resolutions for those of […]
If you supply goods or services to consumers, you should be aware of the significant changes brought about by the new consumer laws made on 13 June 2014 as you may need to act now. On 13 June 2014, the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (the “Regulations”) came into force. The […]
The Court of Appeal has overturned the decision of the High Court relating to the refund of rents for a period after a break option has been exercised.
It is common for parties to commercial agreements to agree mechanisms for resolving breaches of their agreement without having to resort to legal proceedings. Typically this is done by incorporating provisions, such as forfeiture or compulsory buy-back clauses, into a contract which are activated upon one party’s breach of its terms. In such a situation, […]
Since 2012, the Government has been conducting an audit of EU powers (or “competences” to use the jargon) with a view to seeking whether their repatriation to the UK in appropriate cases. In a recent consultation, it has got round to asking interested parties on about the current division of regulatory responsibilities between Brussels and […]
As with 2013, there will be no rest for employment law advisers, employers and HR practitioners in 2014, with further legislative change on the agenda. Many of the changes hail from the government’s Red Tape Challenge following its publication of the report “Progress on Reform” on 14 March 2013, which detailed the intended timetable for […]
Alcohol consumption, and night time leisure activities, remain hot topics for journalists and politicians alike. Hard on the heels of this Government’s “re-balancing” reforms of the Licensing Act 2003, further changes are afoot. The “rebalancing” reforms, which came into effect at the beginning of 2012, were followed by a review at the end of 2012 […]
In 2011, the Internet Corporation for Assigned Names and Numbers (ICANN, the professional body for domain name registration) launched the new generic top level domain (gTLD) programme to permit the introduction of new top level domains on the internet. The move, which has attracted much publicity, will allow web addresses to end in a whole range of new domains (such as .app, .sport, .accountant) beyond the likes of .com, .co.uk and .net.
New rules on costs management are intended to benefit litigants by ensuring that the legal costs of fighting a case are proportionate to the issues in dispute. On the face of it this sounds like it must be a positive step, however the reality is that the changes may not be as beneficial as would initially appear to be the case.
Agency Workers – Tribunal Decides “Swedish Derogation” Lawful for Maintaining Pay Difference between Permanent and Agency Workers
An Employment Tribunal has decided that a temporary work agency which transferred a group of agency workers off zero hours contracts onto guaranteed hours contracts did in fact comply with the Agency Workers Regulations 2010 and that the Swedish Derogation could be relied upon [Bray and others v Monarch Personnel Refuelling (UK) Ltd ET/1801581/12 and others].
1st April sees the introduction of a new structure for the regulation of financial services in the UK. Is its rolling out on April Fools’ Day just a bit of quirky Britishness or a true indication that we would be fooling ourselves in thinking that a mere re-organisation could prevent a repeat of the banking and financial crisis?
In a recent case, the Court considered the issue of whether covenants in a share purchase agreement amounted to penalties and whether restrictions were an unreasonable restraint of trade.
In Shakespeare’s time, lawyers adopted a “no fee, no breath” approach. In spite of the still widely held view that lawyers will do anything for money and nothing without it, “no win, no fee” arrangements have become commonplace in recent years in English litigation. However, a series of controversial changes are shortly to be introduced which, depending on one’s viewpoint, may reduce access to justice for some, whilst increasing it for others and place some losing parties in a fairer position, but some in a worse one. Jonathan Haydn-Williams explains the current position and the imminent changes.
There are a number of company law proposals expected to be implemented in 2013. These include reforms relating to executive remuneration and the introduction of the new employee-owner status
The Government has a wide variety of new legislation currently going through Parliament, which it intends to bring into force next year. This should make for a very interesting and challenging 2013 in the employment and discrimination arena
Court of Appeal overturns High Court Decision on Unfair Prejudice
Many staff will want time off over Christmas, and it’s not always possible to accommodate every request. So its important to ensure you have a sensible system for deciding who get to take holiday.
Break clauses and their exercise continue to cause headaches.
Read here for a summary of the rules regarding rest breaks that should be given to workers.
The Legal Aid, Sentencing and Punishment of Offenders Act 2012 (“LASPO”) received royal assent on 1 May 2012. The primary purpose of the bill was to reform the civil litigation costs and funding framework, but a number of other changes were also included which may have wide reaching consequences for businesses in England & Wales and their directors and senior officers.
After much debate, the offence of squatting has entered the statute books.