Legal know how by service

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 […]

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 […]

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 […]

Tesco’s Booker buyout is bad news for shoppers

The watchdog is failing to consider the role of potential competition in Britain’s narrowing grocery sector, writes Stephen Hornsby This article originally appeared in the The Brief, the legal supplement by The Times. It cannot be right for eight companies in the UK to account for 80 per cent of retail grocery sales — and yet, […]

Alcohol and Late Night Refreshment Figures

The latest Government figures for alcohol and late night refreshment licences are out. Two points stand out for me. First, the ongoing climb in the number of premises licences suggests a general resilience in the sector, which is encouraging.  Challenges obviously remain, broad figures should be approached with caution, and there are still pockets of […]

Brexit report on “justice for families, individuals and businesses”

The House of Lords EU Committee has published a report about the effect of Brexit on three EU Regulations which together ‘play an important role in facilitating the daily operation of the European legal system’. Jonathan Haydn-Williams looks at the Committee’s conclusions as to the Brussels I Regulation ‘recast’, relating to jurisdiction and judgments in civil […]

Consumer rights and remedies – an update

Goodman Derrick’s dispute resolution team has received a number of recent instructions to act for both consumers and businesses in relation to disputes involving the application and interpretation of the Consumer Rights Act 2015 (the “Act”). The Act came into force in October 2015 but it appears that both consumers and businesses are only now […]

Tesco’s Booker buyout is bad news for shoppers

The watchdog is failing to consider the role of potential competition in Britain’s narrowing grocery sector, writes Stephen Hornsby This article originally appeared in the The Brief, the legal supplement by The Times. It cannot be right for eight companies in the UK to account for 80 per cent of retail grocery sales — and yet, […]

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 […]

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 […]

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 […]

A company’s statutory right to remove a director

The performance of a director in a company is pivotal to the success of that company. Accordingly, there is legislation in place to protect a company’s right to remove a director should the circumstances demand this course of action. This right is held under section 168 of the Companies Act 2006, which provides that shareholders […]

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 […]

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 […]

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 […]

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 […]

Consumer rights and remedies – an update

Goodman Derrick’s dispute resolution team has received a number of recent instructions to act for both consumers and businesses in relation to disputes involving the application and interpretation of the Consumer Rights Act 2015 (the “Act”). The Act came into force in October 2015 but it appears that both consumers and businesses are only now […]

Inheritance Act claims – good news for cohabitees

English law has always placed great value on the principle of testamentary freedom. That is, an individual’s right to leave their estate to whomever they like, with no obligation to provide for family members under a Will. However, under the Inheritance (Provision for Family and Dependants) Act 1975 (“the Act”), the Court does have power […]

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 […]

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 […]

Legal Update: Vidal-Hall and Others v Google Inc

Last month, the Court of Appeal handed down judgment in Vidal-Hall and Others v Google. The appeal was only on preliminary issues and it looks like there will be a subsequent appeal before the substantive matter reaches trial. However, this decision is likely to have a far-reaching impact on UK data protection and privacy law. […]

Privatise BBC Three? – I don’t believe it

This article was first published on Lexis®PSL IP & IT on 28 January 2015. Could private bidders buy a chunk of the BBC and stop BBC Three from becoming an internet-only channel? Paul Herbert, head of media, technology and communications at Goodman Derrick LLP, considers the challenges the bidders are likely to face. Background In […]

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 […]

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 […]

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 […]

Inheritance Act claims – good news for cohabitees

English law has always placed great value on the principle of testamentary freedom. That is, an individual’s right to leave their estate to whomever they like, with no obligation to provide for family members under a Will. However, under the Inheritance (Provision for Family and Dependants) Act 1975 (“the Act”), the Court does have power […]

Surrogacy guidance published for parents, surrogates and health professionals

The Department of Health and Social care has just published two very useful guidance notes for surrogates and intended parents. The note identifies the financial considerations which both the intended parents and the surrogate need to bear in mind, both when entering into a surrogacy agreement and when making an application to court for a parental […]

Trust Registration Service – an overview

HMRC’s new online Trusts Registration Service (TRS) was launched in July 2017. This new online facility was introduced partly to implement new regulations relating to the UK’s anti-money laundering and counter-terrorist financing regime, and partly to extend HMRC’s digital remit in the age of tax transparency, although it has not been without its technical glitches […]

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 […]

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 […]

Are you considering moving into a flat with a pet?

If so, make sure you have understood your obligations under the lease. You may have read in the news earlier this year about the High Court decision in the case of Victory Place Management Company Ltd v Kuehn & Anor [2018] EWHC 132 (Ch) which concerned the keeping a dog in a flat.  Pet issues […]