Females exiting the building.

Retail Therapy

Blog

FCA introduces 18-month grace period for two-factor authentication for online transactions

Published on 16 August 2019. By Jeremy Drew, Partner and Jani Ihalainen, Paralegal

Purple tint 2

The Financial Conduct Authority this week agreed an 18-month "implementation plan" for Strong Customer Authentication (also known as "two-factor authentication").

Read more
Blog

Lidl held to mislead consumers with cheesy price comparison

Published on 08 August 2019. By Oliver Bray, Partner and Charlie Gould, Trainee Solicitor

Untinted 5

When looking at Lidl's price comparison ad, which compared a number of prices of products with Morrisons, the Advertising Standards Authority found that if a retailer knows their competitor is offering a price promotion on a product, it can’t use the competitor’s normal higher price to make the comparison. This applies even if the backdrop to a savings claim is a year-long price comparison.

Read more
Blog

Carlsberg in the clear on the inappropriate targeting of under-18s

Published on 22 July 2019. By Oliver Bray, Partner and Alyson Lloyd, Senior Associate

Purple tint 1

What steps do you need to take to ensure that age restricted products do not target the wrong audience?

Read more
Blog

Guidance on misleading "faux fur" claims in clothes and accessories

Published on 09 July 2019. By Oliver Bray, Partner and Stuart Harris, Associate

Gray tint 5

The Committee of Advertising Practice (CAP) has issued an Enforcement Notice advising that retailers should be careful as to how they may unwittingly advertise products as "faux fur" when they may actually contain real animal fur.

Read more
Publication

Retail Compass Summer edition 2019

09 July 2019

Green tint 2

Welcome to the Summer 2019 edition of Retail Compass – our guide to key upcoming legal and policy changes affecting Retail and our thoughts on the need-to-know issues.

Read more
Blog

Shop til' you Pop: Amazon's Electric Avenue

Published on 27 June 2019. By Simon Edwards, Partner and Rachael Ellis, Associate and Lucy Baughan, Trainee Solicitor

Purple tint 1

Amazon is opening 10 pop-up shops in the UK, as a platform for over 100 small online brands to start selling via bricks and mortar. The pilot will run throughout the UK for around a year, with each pop-up opening for between six to eight weeks.

Read more
Blog

Retailers: beware the ban on gender stereotyping

Published on 19 June 2019. By Oliver Bray, Partner and Victoria Noto, Associate

Untinted 3

The Committee of Advertising Practice (CAP) has introduced a new rule, accompanied by Guidance, to combat negative gender stereotyping in ads. The test now (or rather from 14 June 2019 when the new rule comes into force) is whether the ad is "likely to cause harm" – a far lower threshold than the previous test of "widespread or serious offence".

Read more
Blog

Looking at the success of the UK's war on plastic

Published on 29 May 2019. By Matthew Plampton, Trainee Solicitor and Simon Edwards, Partner

Green tint 2

Savvy brands will be working to realise the potential of reducing plastic consumption; not just from a sustainability perspective but also from a sales and branding perspective. Not only could it help to save the penguins, but also to boost sales.

Read more
Blog

Government assessing business rates for warehouses

Published on 29 April 2019. By Alyson Lloyd, Senior Associate and Jani Ihalainen, Paralegal

Green tint 1

The Financial Times recently reported that the Government has been assessing warehouse rents, in advance of the next revaluation for business rates.

Read more
Blog

Fixing Fast Fashion: Parliament aims to put the brakes on retailers

Published on 10 April 2019. By Lucy Houghton, Trainee Solicitor and Jeremy Drew, Partner

Gray tint 1

'Fast fashion' has been providing inexpensive, up to date styles to the mass market for decades, keeping the consumer both on trend, and in the black. However, as society becomes increasingly aware of the environmental and social impact of the retail sector, Parliament has thrown a spotlight upon the sustainability of 'fast fashion' and the modern retailing practices which underpin it.

Read more
Blog

Worried you'll run out of milk: what does your contract say?

Published on 09 April 2019. By Rachael Ellis, Associate and Ciara Cullen, Partner

Gray tint 5

This isn't a 'B'-word blog, don't worry. But with 'B' looming (in whatever form it may take) UK businesses are facing unprecedented uncertainty when it comes to their supply chain – talk continues of border delays, stock piling and shortages.

Read more
Blog

Artificial Intelligence, collaboration with online platforms and tackling the 'Wild West': How the ASA plans to make its impact online over the next 5 years

Published on 11 January 2019. By Oliver Bray, Partner and Victoria Noto, Associate

Untinted 5

Given that online adverts made up 88% of all adverts where action was taken by the ASA in 2017, it is unsurprising that the regulation of online advertising is central to the ASA's strategy for the next 5 years.

Read more
Publication

Retail Compass: Navigating future change

Published on 10 January 2019. By Jeremy Drew, Partner and Karen Hendy, Head of Corporate

Untinted 3

We are pleased to present our Retail Compass New Year edition 2019.

Read more
Blog

#Ad-vice for Influencers and Brands: how to comply with CAP's new Influencer's Guide

Published on 26 October 2018. By Oliver Bray, Partner and Victoria Noto, Associate

Green tint 3

To help influencers and brands comply with the legal requirements around influencer marketing the CAP issued An Influencer's Guide to making clear that ads are ads, developed in conjunction with the CMA.

Read more
Blog

The Modern Slavery Act 2015 – Under Review

Published on 13 September 2018. By Jeremy Drew, Partner and Amelia Cave, Associate

Untinted 4

Earlier this summer the Home Office announced plans to launch an independent review of the Modern Slavery Act 2015. The Act came into force in October 2015 and established the UK as a world leader in the fight against the crime of modern slavery.

Read more
Video

Implications of the Modern Slavery Act 2015 on UK and overseas businesses

06 September 2018

Green tint 3

Partner Jeremy Drew and Amelia Cave discuss the current Modern Slavery Act 2015 and why businesses in the UK and overseas should be mindful of its provisions.

Read more
Blog

Our latest legal 'Snapshot' updates are now available

Published on 06 September 2018. By Alyson Lloyd, Senior Associate and Jonathan Greenway, Associate

Untinted 4

Each Snapshot focuses on the key questions: What's the development? Why does it matter? And what should you be doing about it? In this blog post we have handpicked the ones which matter most to you as retailers.

Read more
Blog

Update: Automated and Electric Vehicles Act 2018

Published on 10 August 2018. By Richard Breavington, Partner and Sarah Hill, Legal Director

Untinted 5

New legislation relating to automated vehicles clarifies liability issues and insurance coverage, and adds provisions relating to electric vehicles.

Read more
Blog

Online resale price maintenance and pricing software under scrutiny

Published on 30 July 2018. By Lambros Kilaniotis, Partner and Melanie Musgrave, Senior Associate

Untinted 2

The imposition of fixed or minimum prices on their online retailers, in breach of EU competition law, has resulted in four consumer electronics manufacturers being fined over €111 million in total by the European Commission.

Read more
Blog

Investing to Innovate

Published on 26 July 2018. By Mark Crichard, Partner and Alyson Lloyd, Senior Associate

Untinted 5

Ocado aims to "change the way the world shops" with B2B technology offerings for retailers

Read more
Publication

RPC Retail Compass: Navigating future change

Published on 04 July 2018. By Jeremy Drew, Partner and Karen Hendy, Head of Corporate

Untinted 3

We are delighted to present the 2018 Summer edition of RPC Retail Compass.

Read more
Blog

Value Added – New VAT "joint liability" risk for online marketplaces

Published on 30 April 2018. By Robert Waterson, Partner and Jani Ihalainen, Paralegal

Untinted 5

The flow of goods cross-border has increased significantly as a result of the inexorable rise of the online marketplace. Policing the tax aspect of online businesses has created numerous difficulties for national authorities. In no area is this felt more than VAT, where many online traders (both inside and outside the EU) have opted wittingly or otherwise to evade tax by simply not registering or accounting for VAT in any jurisdiction.

Read more
Blog

Properties are Heating Up – New Minimum Energy Efficiency standard to come into force

Published on 29 March 2018. By Jani Ihalainen, Paralegal

Untinted 5

On 1 April 2018 the Energy Efficiency (Private Rented Property) (England and Wales) Regulations 2018 ("the Regulations") will come into force, introducing Minimum Energy Efficiency Standards ("MEES") for privately rented properties, including retail properties.

Read more
Video

Takeaways from Retail Week Summit 2018

26 March 2018

Find out some of our key takeaways from the Retail Week Summit 2018

Read more
Video

Considerations for future GCs

Published on 21 March 2018. By Karen Hendy, Head of Corporate and Jon Bartley, Partner

Untinted 4

Partner Jon Bartley and Head of Corporate Karen Hendy recap key points from the Enterprise GC conference including key considerations for the future.

Read more
Video

How to demonstrate your value during a crisis

Published on 21 March 2018. By Jeremy Drew, Partner

Untinted 4

Jeremy Drew recaps his session from the Enterprise GC Conference - How to demonstrate your value when the media lens is on your business.

Read more
Video

Main themes from the Enterprise GC Conference

Published on 21 March 2018. By Karen Hendy, Head of Corporate and Jon Bartley, Partner and Jeremy Drew, Partner

Untinted 4

Jon Bartley, Karen Hendy and Jeremy Drew discuss the main themes from the Enterprise GC Conference.

Read more
Blog

Reality Retail

Published on 16 February 2018. By Amelia Cave, Associate and Ben Harris, Trainee Solicitor

Abstract building

Continuing its trend of introducing disruptive innovations to the retail market, Amazon recently opened its first checkout-free supermarket, 'Amazon Go', to the public. In light of this, we thought we would take a look at some of the other retailers using innovative technology to revitalise their bricks and mortar offering.

Read more
Blog

And the (Christmas) results are in: Part II

Published on 17 January 2018. By Henry Priestley, Senior Associate and Umut Bektas, Trainee Solicitor

Untinted 4

Since our previous update many retail companies across the UK have posted their festive financials with several big retailers posting disappointing Christmas results.

Read more
Blog

Our latest set of retail law 'Snapshots' are now available

Published on 15 January 2018. By Alyson Lloyd, Senior Associate and Jonathan Greenway, Associate

Green tint 4

Each Snapshot focuses on the key questions: What's the development? Why does it matter? And what should you be doing about it.

Read more
Blog

And the (Christmas) results are in…

Published on 09 January 2018. By Henry Priestley, Senior Associate and Umut Bektas, Trainee Solicitor

Untinted 5

The focus of last year's post-Christmas update was Next's post-Christmas profit warning. This year however it was largely good news for the retailer as they reported that sales in the 54 days to 24 December 2017 were up by 1.5% compared to the same period in 2016. This is against Next's expectation in November 2017 that sales would fall by 0.3% for the period.

Read more
Blog

Luxury brands: The tale of selective distribution systems and online platform restrictions

Published on 19 December 2017. By Lambros Kilaniotis, Partner and Melanie Musgrave, Senior Associate

Green tint 1

In the much awaited Coty preliminary ruling, the European Court of Justice (the "ECJ") has confirmed that, subject to certain conditions, luxury goods manufacturers can employ selective distribution systems to preserve the luxury image of their products and can prohibit their authorised distributors from utilising third-party online sales platforms.

Read more
Blog

Changes to business rates calculations are good news for retailers

Published on 04 December 2017. By Johanna Hall, Senior Associate

Abstract building

The government announced two changes to business rate annual increases in the Autumn budget, moving from RPI to CPI in April 2018 (rather than 2020 as originally proposed) and shortening the revaluation cycle. It is good to see that the government has listened to concerned businesses but will the changes go far enough?

Read more
Blog

Not Fazed –September Sales and Consumer Confidence Defy Expectations

Published on 18 October 2017. By Henry Priestley, Senior Associate and Jani Ihalainen, Paralegal

Untinted 2

Building on the positive sales figures at the end of the summer period, which we discussed in an earlier article, retailers have kept the momentum going in September.

Read more
Blog

Instant Retail Therapy

Published on 16 October 2017. By Karen Hendy, Head of Corporate and Nadia Tymkiw, Associate

Untinted 5

ASOS Instant, the same-day delivery service launched by ASOS last week, reflects the growing momentum of "fast shopping", where the ultimate consumer experience is effortless and almost instantaneous.

Read more
Blog

Luxury fast fashion

Published on 26 September 2017. By Amelia Cave, Associate and Lorcan Treacy, Trainee Solicitor

Untinted 4

The world of high-end fashion has relied on a stable business model for decades; luxury collections are previewed at major fashion events, anticipation builds and then up to six months later products actually go on sale. But it was clear from last week's London Fashion Week that the luxury fashion model is changing as some brands seek to take advantage of consumer demand for fast fashion.

Read more
Blog

Retail sales are bright as summer comes to a close

Published on 12 September 2017. By Henry Priestley, Senior Associate and Jani Ihalainen, Paralegal

Green tint 3

Read more
Blog

Introducing our new commercial law briefings for retailers

Published on 11 September 2017. By Alyson Lloyd, Senior Associate

Introducing our new commercial law briefings for retailers

Read more
Blog

Appification of Retail and Data Protection

Published on 22 August 2017. By Nicola Cain, Partner and Jani Ihalainen, Paralegal

Green tint 2

The rise in online retail is seen by many as one of the key causes of the decline in footfall on the UK's high streets in recent years but the high street has been fighting back with its own innovative use of technology to help get more shoppers back into physical stores.

Read more
Blog

Advertisement consent – five rules for retailers

26 July 2017

Green tint 2

A summary of advertisement control for retailers in England, including deemed consent provisions, applications, standard conditions and discontinuance orders.

Read more
Blog

Retailers make hay while the sun shines

Published on 17 July 2017. By Henry Priestley, Senior Associate and Jani Ihalainen, Paralegal

Untinted 5

Retailers make hay while the sun shines

Read more
Blog

Election results a mixed bag for retailers

Published on 14 June 2017. By Karen Hendy, Head of Corporate and Charlotte Thompson, Associate

Untinted 4

The immediate impact of last week’s election was a mixed bag for retailers in the UK, with some share prices falling whilst others were on the up following the result.

Read more
Blog

What next for the Energy Performance of Retail Buildings?

06 March 2017

Gray tint 2

After the initial success of the Energy Performance of Buildings Directive (EPBD) and the widespread introduction of the Energy Performance Certificate (EPC) into property transactions, what can we expect from the proposed revisions of the EPBD?

Read more
Blog

Business rate hikes about to hit retailers

08 February 2017

Gray tint 1

Retailers are bracing themselves for increased property costs in the form of newly calculated business rates which take effect in April 2017.

Read more
Blog

No Returns Following Supreme Court Ruling

04 February 2016

The Supreme Court has confirmed that save for exceptional circumstances it is reluctant to step in and imply a rent apportionment clause into a commercial lease.

Read more
Blog

Mobile marketing – lessons learnt from Optical Express

15 January 2016

Gray tint 3

Mobile marketing is an essential part of the marketing tool kit of most retailers.

Read more
Blog

Don't blame it on the sunshine – the impact of weather on the retail industry

30 October 2015

The Met Office has recently published a report that considers the impact of weather on the retail industry (a copy is available here).

Read more
Blog

Can omni-channel deliver a retail experience?

16 October 2015

Greater competition for a hassle-free retail experience is on the agenda for both internet only and bricks and mortar retailers.

Read more
Blog

'Stand Up and Deliver' - the competition for same day delivery hots up

12 October 2015

Argos has become the first UK bricks and mortar retailer to offer shoppers same day delivery up to 10pm.

Read more
Blog

Feast your eyes on this! ASOS and Wall's collaboration a trade mark success?

29 July 2015

Back in December 2014 Retail Therapy featured an article on the surprising collaboration between McDonalds and Moschino.

Read more