Legal know how by sector

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 […]

Ownership of ‘Old Flo’: Tower Hamlets LBC v Bromley LBC

In Tower Hamlets LBC v Bromley LBC [2015] EWHC 1954 (Ch) the court was called on to determine the legal owner of a 1957 Henry Moore sculpture known as ‘Draped Seated Woman’ or, more affectionately, ‘Old Flo’. Inspired by Moore’s experience as an official war artist in London during the second world war, Old Flo […]

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 […]

Top 5 New Year resolutions for HR practitioners

***** 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 […]

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. […]

Steering clear of trouble – tips to avoid problems with your classic car restoration or race preparation

If you are thinking of having your classic car restored or race prepared etc, then this guide will help identify common problems and provide suggested solutions. 1. Understand who you are contracting with There is a flourishing support industry for owners of classic cars in this country and a wide choice of restorers and race-preparers […]

Dealing with non-paying customers

You stand back and admire your craftsmanship and attention to detail. The rebuild/repair/race preparation etc you have just finished is finally ready to be presented to your customer along with your bill. You have worked hard to get the project finished and you know that he will appreciate all your effort. You promptly send your […]

Get your notices in!

Below is an early Christmas gift in the form of some practical advice for construction professionals in the UK in light of Adam Architecture Ltd v Halsbury Homes Ltd [2017] EWCA Civ 1735. The case involved Adam Architecture Ltd (“Adam”), an architectural practice, and Halsbury Homes Ltd (“Halsbury”), a property developer. In 2015 Halsbury was […]

Consultations on payment issues in the construction industry

It is as much the case today that “cashflow is the life blood of the building industry” as it was when Lord Denning coined the phrase over 50 years ago in the Court of Appeal judgment of Dawnays vs Minter (1971). Slow and uncertain cashflow is a significant contributory factor to a high incidence of […]

Concurrent delay – the position is now “crystal clear”

The High Court has confirmed that risk of concurrent delays in a construction contract can be specifically allocated to the contactor. In an important decision on concurrent delay and the prevention principle, Mr Justice Fraser has seen fit to reinforce the general principle under English law that “contracting parties can allocate risk as they see […]

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: […]

The Taylor Review of modern working practices – will this clear up the confusion regarding employment status issues?

This article first appeared in QuickBite magazine. Is that delivery driver of yours an employee, worker or self-employed? Many readers will recall that the issue of employment status has been under the microscope a lot recently, in particular during legal cases involving Uber, CitySprint and Deliveroo, which examined whether an individual was classed as an […]

Minimum Unit Pricing

Will cheap alcohol in Scotland soon be a thing of the past?  Health campaigners may hope so. Some in the industry don’t!  Either way, the Minimum Unit Pricing case is in the Supreme Court on Monday and Tuesday (24- 25 July 2017), and is likely to be pivotal.  We shall be watching the outcome closely. “CHEAP […]

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 […]

FOX/SKY; how feeble Ofcom report increases Murdoch’s chance of success

Whatever one thinks of Rupert Murdoch, his ambitions to acquire the shares of Sky that he does not already own can only ultimately be constrained by robust theories and facts that persuade an independent regulator that it is more likely than not that the public interest will be harmed (the legal test for control of […]

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 […]

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 […]

Draft e-Privacy Regulation published by EU Commission

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 […]

Easing the burden for first-time buyers: Stamp Duty Land Tax Relief

The Chancellor announced some welcome changes for first-time buyers (“FTBs”) to the Stamp Duty Land Tax (“SDLT”) regime in his Budget on 22nd November. From this date, FTBs of residential property of up to £500,000 will benefit from the following: For purchases of up to £300,000, no SDLT will be payable. This represents a considerable […]

Energy Performance Certificates and Minimum Energy Efficiency Standards

While the Energy Performance Certificate (“EPC”) has been with us since August 2007, it has been largely viewed as a administrative bother that has to be done before a premises was to be let or sold that once seen could be quickly discarded and ignored. This was even the view where the premises was given […]

Government publishes new plans on business energy and carbon reporting

Details have emerged this month on what may replace the unpopular CRC Energy Efficiency Scheme (“CRC”). Abolition of the CRC from 2019 Under the CRC, companies consuming significant amounts of electricity must report their energy consumption to the Government through purchase of allowances. Such companies are also required to collate data on their energy use […]

“Gig Economy” Working: What are the latest tribunal decisions?

The fast growing trend of ‘gig economy’ working is becoming an ever more divisive and complex area. The term is used to describe a relatively new way of working which involves workers taking on short-term, on-demand jobs on a ‘gig’ basis. The most well known names practicing this structure include Uber and Deliveroo, both of […]

Tech: Considering equal pay and the gender pay gap

This article first appeared in UK Tech News. The effect of equal pay law is that men and women should receive equal pay for equal work. On the other hand, the gender pay gap is a measure of the difference between average earnings of men and women in general, whatever their job roles may be. […]

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: […]

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 […]

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 […]

IOC-FIS clash over Russian skiers ‘a plate of scrambled egg’

This article first appeared in Sportcal. An embarrassing and potentially damaging rift has opened between the International Olympic Committee and the FIS over their treatment of six Russian skiers that were recently banned for life for doping by the IOC, after the international skiing federation declined to follow its lead. Yesterday, the FIS gave the six […]

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 […]

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

Start-Up Guide to Cookies

Businesses are required to obtain positive consent from visitors to their websites to store or retrieve usage information from users’ computers or mobile devices using cookies. What are cookies? Cookies are small text files implanted by a website on the hard disks of visitors to the site. Businesses use cookies for collecting information about those […]

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 […]

Tech: Considering equal pay and the gender pay gap

This article first appeared in UK Tech News. The effect of equal pay law is that men and women should receive equal pay for equal work. On the other hand, the gender pay gap is a measure of the difference between average earnings of men and women in general, whatever their job roles may be. […]

Civil litigation: ‘Discovery’ is not the same as ‘Disclosure’ (forensic e-providers please note)

Every other day, it seems, I receive marketing emails or phone calls from firms offering forensic services in the field of electronic document disclosure. What some offer me, though, is an ‘e-discovery‘ service. Save your time! I am a solicitor practising in England and Wales, where Lord Woolf abolished ‘discovery’ in the late 1990s (replacing it […]