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 […]

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 […]

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, […]

Legal Update: Maxted and another v Investec Bank Plc [2017]

Summary The High Court recently heard the case of Maxted and another v Investec Bank plc [2017], which looked at whether amending loan agreements multiple times would discharge a personal guarantee given by the directors of the borrower companies. It was held in this instance that even though the underlying agreements were amended several times, […]

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 […]

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. […]

What happens in Panama stays in Panama? A short review of the law of confidence

On 3 April 2016 11.5 million files from the database of one of the world’s largest offshore law firms, Mossack Fonseca, were leaked following a hack of its computers. The leaked material has become known as the Panama Papers and revealed what had previously been confidential information about more than 214,000 offshore companies, including information about […]

Defamation: Some good cheer for Claimants

It is generally accepted that the Defamation Act 2013 (“the Act”) raised the bar in defamation claims, making it harder for those wronged to issue claims. A recent decision of the Court of Appeal has lowered the bar somewhat which should be welcome news for those who wish to seek defend their reputations. Section 1 […]

Paradise paper chase: when is a leak a crime?

Over 13 million files, many of them containing confidential and sensitive client information, were leaked from offshore legal service providers and corporate registries in 19 jurisdictions including the Caribbean, Jersey, Guernsey and the Isle of Man. More than half of the documents came from law firm Appleby. As a result, sometimes complex financial structures used by […]

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 […]

A worker must be able to carry over and accumulate unpaid holiday pay – CJEU hand down Judgment in the case of Mr C. King v The Sash Window Workshop Ltd

On 29 November 2017, the CJEU handed down their Judgment in the case of Mr C. King v The Sash Window Workshop Ltd & Richard Dollar (Case C‑214/16) following a request for a preliminary ruling from the Court of Appeal. The CJEU has held that a worker must be able to carry over and accumulate […]

“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. […]

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 […]

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 […]

BBC Independence; a contradiction in terms?

The much anticipated BBC White Paper, published this month, heralds fundamental changes. On the basis that almost £5 billion of our annual revenue (including £3.7 billion from the licence fee) goes into funding the BBC’s activities, transparency over its decision-making is clearly vital. On the other hand, over-interference may damage the BBC’s commercial competitiveness and […]

Private Client: Autumn Budget review

On 22 November the Chancellor of Exchequer, Philip Hammond introduced to Parliament his Autumn Budget. This time, there are no significant changes in the Private Client sector; although, yet again there is a promise of putting the Inheritance Tax rules under review. Perhaps the most significant change is the headline-snatching announcement of abolishing Stamp Duty […]

Are ‘deputies’ the new guardians of private wealth?

This article first appeared in Spear’s. When it comes to controversy in the private client world, Lasting Powers of Attorney (LPAs) are not generally among the usual suspects. So when retired Court of Protection Senior Judge Denzil Lush vowed on BBC Radio Four’s Today Programme last month never to sign an LPA, it’s safe to […]

Private Client legal update

The Finance (no.2) Bill 2017 Following the Prime Minister’s decision in May this year to call a snap general election, the Government had to drop over 70 provisions from the Finance Bill 2017 (subsequently the Finance Act 2017) in order to pass vital elements of the legislation before Parliament was dissolved. To enact the withdrawn […]

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 […]

How secure is a protected tenancy under the Landlord and Tenant Act 1954?

Earlier this summer, an important judgment concerning the security of tenure provisions of the Landlord and Tenant Act 1954 (“the 1954 Act”) was handed down by Mr Justice Jay. The case of S Franses Ltd v The Cavendish Hotel (London) Ltd [2017] EWHC 1670 QB was an appeal from the County Court in Central London […]

Taking care of the (fresh) evidence

This article first appeared in the Estates Gazette. The case of Clear Call Limited – v – Central London Investments Limited [2016] EWCA Civ 1231 [2017] provides further guidance of the application of the Ladd – v – Marshall ([1954] EWCA Civ 1) test for the submission of new evidence in a case where judgment has […]

Sweeping up the legal costs

Leases of residential property, flats particularly, commonly contain obligations on the part of the landlord to maintain and keep in repair the structure of the building and common parts and to recover the expenditure through service charge contributions from the individual tenants. Often the lease will contain a list of other services to be provided […]