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 […]

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 […]

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 […]

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 […]

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 […]

The end of “Smash and Grab” construction adjudications?

Construction contract employers who are aggrieved at having to pay out an interim application in full (because they forgot or made mistakes with their payment notices) may now no longer be stuck with that outcome for long, following the recent decision of Grove Developments Ltd v S & T (UK) Ltd handed down recently by […]

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 […]

Carillion lessons to be learnt

It has only been a few weeks since Carillion went into liquidation and suddenly one of the biggest construction and service companies in the country is gone. In this article, we give some practical advice on how best to protect yourself if you are in contract with a company, or about to enter into contract […]

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 […]

Top five things to do to achieve the best value on a company sale

If you’re contemplating selling your tech company it’s never too early to get your house in order. Here are five key things to do to achieve best value: 1. Ensure your accounts are in order. Clean, well prepared accounts (including management accounts) will enable a potential purchaser to identify the company’s assets and liabilities, which will […]

GDPR: Practical checklist

We are now just a few months away from the implementation of the GDPR, which is set to significantly change our data protection laws. While some organisations will be in the final stages of preparation, others may have not yet found the time to give it the attention it deserves. For those who have still […]

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 […]

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 […]

Guide to the General Data Protection Regulation (GDPR)

The General Data Protection Regulation (GDPR) represents the new legal framework of data protection law across the EU and is due to come into force on the 25 May 2018. The GDPR will supersede the Data Protection Directive (DPD), which has governed EU data protection law for over 20 years since its introduction in 1995. […]

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 […]

Conway v Eze: A residential conveyancing nightmare

Mr and Mrs Conway lived in a prestigious house in London, but in 2010 they decided to sell it with the intention of relocating to Cambridge. When their house first went on the market the asking price was £7m, but that reduced over time as they struggled to find a buyer. In 2015 they reduced the […]

“Playing the percentage game”: the use of percentages to express the chance of litigation success

60 second summary: We are used to, and think we understand, percentage probability. Lawyers and their clients find it a useful tool in communicating and understanding the chance of success of a piece of litigation. However, parties need to take the reality check that a chance of success of, for example, 70% also means a […]

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 […]

Are you battling with the Beast from the East?

Blizzards and icy winds have swept in from Siberia, with temperatures plummeting and a blanket of snow settling over most of the country. For many HR managers, the Beast from the East may feel like a waking nightmare, causing childcare and travel disruption, and increasing absences. Here is our employment law guide to lead you […]

Top 5 New Year’s Resolutions for HR in 2018

Happy New Year! 2017 proved to be a considerable year for employment law developments and although there is actually relatively little on the legislative agenda for 2018, there is no doubt that many of the developments from the last 12 months will flow into 2018 – keeping HR and employment law professionals similarly busy. Reflecting […]

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 […]

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 […]

After the Premier League file closure: is this the new ‘industrial policy’ in action or time to strip Ofcom of its competition enforcement powers?

This week’s announcement that Ofcom is closing its investigation into Virgin Media’s complaint that the Premier League is restricting the supply of live TV rights to its matches, in return for the Premier League increasing their number from 168 to 190 and agreeing that no single buyer will scoop the pool next time the rights […]

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 […]

The dangers of DIY wills

This article first appeared in The Money Pages. Contemplating mortality and planning ahead for death is not appealing to most people. There is often a deep-seated fear or unease which surrounds the act of preparing a will and getting one’s affairs in order. It’s no wonder, therefore, that some people prefer to take matters into […]

Understanding Easements: What you don’t know can hurt you

This article first appeared in Prime Resi. If you are buying, selling or developing a property in England or Wales, it is critical that you understand easements and how they could affect a property’s intended use. Easement is a medieval word that derives from the 14th century Old French “aisement”, meaning comfort, convenience, use or […]

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 […]

Reasonableness – it’s in the decision

A Court of Appeal decision on a landlord’s refusal to consent to an assignment It is common for leases to require a tenant to obtain landlord’s consent to an assignment, and to provide that the consent cannot to be unreasonably withheld. This unreasonableness condition was recently considered by the Court of Appeal in No. 1 […]

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 […]

Conway v Eze: A residential conveyancing nightmare

Mr and Mrs Conway lived in a prestigious house in London, but in 2010 they decided to sell it with the intention of relocating to Cambridge. When their house first went on the market the asking price was £7m, but that reduced over time as they struggled to find a buyer. In 2015 they reduced the […]

Prescriptive Rights of Way – an easing of the evidential burden?

It is often the case that a landowner’s exercise of a right of way over a neighbour’s land is challenged and there is nothing in writing to evidence the right. This is not necessarily fatal to establishing a right of way as in certain circumstances it may be possible to establish a right of way […]