Legal know how by sector

GDPR: Direct Marketing update

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 […]

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 […]

Collector Car funds: is this the next market?

Those who follow financial markets are familiar with the specialized investment funds that concentrate exclusively in collectible assets, such as art and fine wine. A new development for 2011 is specialized funds that will invest solely or primarily in those assets closest to our hearts—collector cars. This past winter, plans for two such funds were […]

GDPR: Direct Marketing update

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 […]

Employment status

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 […]

Significant changes to company law in the UK, Small Business, Enterprise and Employment Act 2015

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 […]

The Audiovisual Media Services Directive – a “potential loophole” exposed by a recent decision of the European Court of Justice (Peugeot Deutschland GmbH v Deutsche Umwelthilfe sV Case C-132/17)

In the recent case of Peugeot Deutschland GmbH v Deutsche Umwelthilfe, the European Court of Justice gave a preliminary ruling concerning the interpretation and scope of the Audiovisual Media Services Directive (2010/13/EU) (“the Directive”). This decision exposes a potentially significant loophole in the Directive, namely the exclusion of self-promotional channels on You-Tube: they are neither […]

GDPR: Direct Marketing update

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 […]

Classic Car Race Preparers/Restorers: Know your Client!

A new customer steps into your workshop and asks you to carry out some work to their classic car. Nothing strange or newsworthy about that, but what happens if you later discover that your customer is not in fact the owner? With an increase in the value of classic cars, complex ownership arrangements are increasingly common. […]

Planning permission: Who’s responsible for it?

This article first appeared in Construction News. The recent case of Jean-François Clin v Walter Lilly & Co. Ltd [2018] EWCA Civ 490 confirms that, without express terms to the contrary in the contract, the employer will usually be responsible for obtaining planning permission for the works it wants carried out. However, for certainty, you […]

GDPR: 5 ways to ensure you’re compliant

This article first appeared in Construction News. Companies need to look past the endless emails to ensure they are taking the necessary steps to comply with the new rules. By now you’ll be extremely bored of those emails popping up in your inbox and telling you that even your clients are about to stop talking […]

Another review of the Construction Act and payment

In January the Government completed two consultations regarding construction in the United Kingdom, the first of these was a review of the operation of changes to the payment mechanisms and adjudication under the Construction Act and the second was a review of retention in the construction industry. The purpose of this article is to talk […]

What to do about a bad review

This article first appeared in QuickBite Magazine. In the age of Uber Eats, Deliveroo and TripAdvisor, our next meal is only a swipe away, every customer is an expert and word of mouth spreads faster than the speed of a dial-up connection. Studies show that as many as 70% of customers under the age of […]

GDPR: Direct Marketing update

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 […]

Coping with the Christmas peak: recruitment issues re seasonal workers

This article first appeared in QuickBite magazine. With thoughts turning to Christmas, employers may be considering what staffing options they have to help cope with the party season when demand for their services may temporarily increase. Below are four points to think about when recruiting additional help for this seasonal rush of trade. Employment Status: […]

Privacy concerns in a digital age: the Facebook-Cambridge Analytica scandal

In a global age of technology, we are using more online platforms to assist with many aspects of our everyday lives, whether for ordering our weekly grocery shop online, or taking advantage of social media to interact and share our lives with other online users. We are, as a result, placing a greater reliance on […]

The Audiovisual Media Services Directive – a “potential loophole” exposed by a recent decision of the European Court of Justice (Peugeot Deutschland GmbH v Deutsche Umwelthilfe sV Case C-132/17)

In the recent case of Peugeot Deutschland GmbH v Deutsche Umwelthilfe, the European Court of Justice gave a preliminary ruling concerning the interpretation and scope of the Audiovisual Media Services Directive (2010/13/EU) (“the Directive”). This decision exposes a potentially significant loophole in the Directive, namely the exclusion of self-promotional channels on You-Tube: they are neither […]

GDPR: Direct Marketing update

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 […]

GDPR: Direct Marketing update

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 […]

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 […]

Employment status

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 […]

When is having the last word a bad idea?

When your contract contains a clause excluding oral variations… A recent decision of the Supreme Court in Rock Advertising Limited v MWB Business Exchange Centres Limited brings an end to the long standing debate over whether clauses excluding oral variations to a written contract (so called “NOM” clauses – “no oral modification”) are valid. This […]

Cladding Q&A

As first appeared in the Financial Times on Sunday 20 May 2018. The cladding on my flat has been deemed unsafe. Who is responsible for paying for its replacement and the 24/7 fire watch that is required in the interim? The first place to look is at the terms of the lease. When it comes […]

Landlords and Tenants: MEES Regulations are now in force

As you will have seen in both the legal and mainstream press, the requirement of a minimum energy efficient standard for premises (known as MEES) was introduced in 2015 as part of a range of measures to meet the UK government’s carbon reduction targets. As a result of this requirement, a landlord cannot let commercial […]

Dress Code Dilemmas: new guidance on discriminatory dress codes published

It is now some two years since the events we have come to know as “Heel-gate” when in 2016, a temp called Nicola Thorp was required to wear high heels at work. Ms Thorp was sent home without pay for not complying. She commented about the issue on her social media and the story consequently took […]

HMRC clamps down on termination payments

Can termination payments of up to £30,000 still be paid tax free after 6 April 2018? Yes, provided however that no part of the termination payment represents unworked notice. Old Position Prior to 6 April 2018 if there was a contractual right to pay in lieu of notice in an employment contract (commonly referred to […]

The Taylor Review: changes to employment status on their way? Latest from the Government…

So we have reached the next stage in the plans for a potential major shake-up to employment law and the workplace, announced last year by the Government on a number of fronts on their setting up of the Taylor Review of Modern Working Practices. But is the much heralded major Review now becoming a let […]

GDPR: Direct Marketing update

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 […]

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 […]

Why the FAPL TV rights decline was natural and inevitable

This article first appeared in World Sports Law Report. To justify this headline claim, it is necessary to go back a bit. Prior to the creation of FAPL, football’s domestic prime events were not televised much – mainly because clubs  wanted to maintain live high attendance levels and feared that live broadcasting of matches would […]

GDPR: Direct Marketing update

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 […]

Russian doping ban is futile

This article first appeared on www.sportcal.com, a world-leading provider of sports market intelligence A lot can happen on the way to the Olympic Games podium and the IOC can have some influence on that. But what happens on the podium itself is beyond its control – as Tommie Smith, John Carlos and Peter Norman demonstrated […]

GDPR: Direct Marketing update

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 […]

Employment status

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 […]

Start-Up Guide to Securing Finance

Please click here to download our guide to securing finance: A start ups guide to securing finance Our guide covers: 1.  Securing funding 2.  EIS/SEIS 3.  Regulation and compliance 4.  Getting the business ready for investment 5.  Further information 6.  Useful terminology

Construction case comment – adjudicating when the contract works as a whole are excluded operations

The Technology and Construction Court (TCC) has recently issued guidance on what activities are excluded from the statutory adjudication process under s.105(2) of the Housing Grants (Construction and Regeneration) Act 1996 as amended under the Local Democracy Economic Development and Construction Act 2009 (the “Construction Act”) and on what basis a court may order a […]

GDPR: Direct Marketing update

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 […]

Implications of Brexit on the UK’s AV Sector

Whilst there is a large amount of uncertainty surrounding Brexit, it is possible to look at some of the more obvious implications of Brexit for the Audiovisual (“AV”) sector. We also look at current EU developments which are to be implemented in the near future and which we may therefore by missing out on. What […]