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The ASA’s Love Island “cheat sheet”

07 November 2019

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At the end of July, the Advertising Standards Authority (ASA) published a cheat sheet for Love Island contestants, celebs and influencers with guidance on how to declare ads on social media.

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ASA ruling on audience composition – Tanya Burr

07 November 2019

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What evidence must a business provide to show audience composition?

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ASA ruling on weight loss post – Jemma Lucy

07 November 2019

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Is your choice of influencer appropriate for your product, especially when they might be encouraging an unsafe practice?

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ASA ruling on “celebrity” status – ThisMamaLife

07 November 2019

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What number of Instagram followers constitutes a “celebrity” status?

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DCMS consults on AVMS Directive

07 November 2019

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How will the updated provisions in the Audiovisual Media Services Directive (AVMSD) impact on video-sharing platforms (VSPs)?

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CJEU confirms that e-commerce platforms need not make a telephone number available to consumers

07 November 2019

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Bundesverband der Verbraucherzentralen und Verbraucherverbände — Verbraucherzentrale Bundesverband eV v Amazon EU Sàrl, Case C 649/17

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White Paper on the Fourth Industrial Revolution – Government strategy on regulating new technologies

07 November 2019

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What are the government's plans to regulate technological innovations?

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CMA shows how far it is willing to “gogo” to ensure fair consumer practices

07 November 2019

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What are the circumstances which led the CMA to pursue court action against Viagogo?

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ECJ rules on Facebook “Like” button

07 November 2019

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Does a Facebook “Like” button make a website operator a joint data controller?

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New EDPB guidelines on processing personal data through video devices

07 November 2019

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How does the GDPR apply to the use of video devices?

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EE fined £100k for sending unsolicited marketing texts

07 November 2019

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What happens when a customer service message also includes promotional material? Do the electronic marketing rules under the Privacy and Electronic Communications Regulations (PECR) kick in?

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ICO issues record fine against British Airways

07 November 2019

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What did it take for the ICO to issue its largest ever fine against British Airways?

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ICO update on Adtech Real Time Bidding Report

07 November 2019

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What can businesses do to minimise the regulatory risks of processing of personal data in relation to real time bidding (RTB)?

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Copyright Directive: CJEU rules on implementation and interpretation of copyright exceptions in Article 5(3)

07 November 2019

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How should copyright exceptions to authors’ exclusive rights to reproduce or communicate their works be implemented and interpreted?

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Stobart Group Ltd & Stobart Rail Ltd v Stobart & Tinkler [2019] EWCA Civ 1376

07 November 2019

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Was notice of a tax claim under a share purchase agreement effectively given?

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Summary judgment granted on basis of “no set off” clause - AMC III Purple BV v Amethyst Radiotherapy Ltd [2019] EWHC 1503 (Comm)

07 November 2019

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Will the courts give effect to “no set off" clauses and do they exclude both legal and equitable set off?

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Law Commission - Execution of documents

07 November 2019

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Following its review and consultation, what's the Law Commission's position on electronic signatures?

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Rectification of contracts: how to assess parties’ intention (Court of Appeal)

07 November 2019

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What is the correct test to be applied in deciding whether the written terms of a contract may be rectified because of a common mistake?

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Racing Partnership Limited v Done Brothers

07 November 2019

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Can information that derives from a public sports event be subject to an obligation of confidentiality to the event organiser?

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Gaia Ventures Limited v Abbeygate Helical (Leisure Plaza) Limited [2019] EWCA Civ 823

07 November 2019

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What constitutes “reasonable endeavours”?

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Blog

Cliff: Tax tribunal considers the meaning of ‘deliberate’

Published on 06 November 2019. By Constantine Christofi, Senior Associate

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In Cliff v HMRC [2019] UKFTT 564, the First-tier Tribunal (FTT) has held that the taxpayer had 'deliberately' submitted an inaccurate return to HMRC.

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Queen's speech spells out major environmental changes for retailers

Published on 05 November 2019. By Steven Aitken, Senior Associate

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The recent Queen’s speech laid out major environmental regulatory changes including plans, for the first time, to enshrine environmental policies in law. A new regulator will also be set up to police environmental standards. At a more granular level, retailers will be impacted by the government's plans for a major extension of the carrier bag charge, among other proposed changes.

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Sheffield United, or divided? Implying duties of good faith

Published on 04 November 2019. By Jeremy Drew, Head of TMT and Samuel Coppard, Associate

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The High Court has held that the duty to act with good faith should not be implied into an agreement between the owners of Sheffield United FC.

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Publication

General liability newsletter - October 2019

04 November 2019

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Welcome to the October edition of our general liability newsletter. This month looks at recent cases involving; fraud, privilege, covert surveillance, non-party access and legal costs.

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When is opinion evidence admissible?

Published on 31 October 2019. By Parham Kouchikali, Partner and Gill O'Regan, Senior Associate

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To be prima facie admissible in court, opinion evidence must be relevant and prepared by someone who would be qualified to give expert evidence. Only evidence which falls within CPR 35 will be subject to the attendant restrictions on admissibility contained in that rule (Gregory v Moore).

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Travelers Insurance Company Ltd (Appellant) v XYZ (Respondents) [2019] UKSC 48

Published on 31 October 2019. By Nick Bird, Partner and Cristina Faro, Associate

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The Supreme Court has reviewed the principles concerning third-party costs orders and ruled that an insurer was not liable for uninsured claimants' costs.

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VAT update October 2019

31 October 2019

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In this month’s update we report on (1) how businesses who have paid too much VAT, as a result of an error in the TOMS, can correct it; (2) delays to the introduction of the domestic VAT reverse charge on construction services; and (3) the OTS’s update on its VAT review. We also comment on three recent cases relating to (1) whether a charity’s supply of educational services was for “remuneration”; (2) salary sacrifice arrangements and their effectiveness; and (3) whether an assessment was made to “best judgement”.

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Emerging Risks: crypto-assets under international and domestic regulatory scrutiny

Published on 30 October 2019. By Carina McFadden, Associate and Ashley Daniells, Associate

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The latest in our emerging risks series of blogs discusses the long-running saga of cryptocurrency regulation. At an international level, the Financial Stability Board has been looking at the regulation of stablecoin. On the domestic front, the Financial Conduct Authority has published a consultation paper regarding the recovery of their costs for supervising cryptoasset businesses.

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Pertemps – Upper Tribunal provides guidance on salary sacrifice arrangements

30 October 2019

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In HMRC v Pertemps Ltd [2019] UKUT 234 (TCC), the Upper Tribunal (UT) has provided helpful guidance on salary sacrifice arrangements and their effectiveness.

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Liverpool FC fail to register 'LIVERPOOL' trade mark alone

Published on 28 October 2019. By Ben Mark, Partner and Samuel Coppard, Associate

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Liverpool FC has failed to register a trade mark for 'LIVERPOOL' at the UKIPO on the basis of the city's "geographical significance".

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World freezing orders: recent dissipations and reasonable delays

Published on 24 October 2019. By Simon Hart, Partner

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Delay is not fatal to the continuation of a world freezing order and an applicant need not adduce evidence of recent dissipations (1) PJSC National Bank Trust v Boris Mints [2019] EWHC 2061 (2) Holyoake v Candy [2017] EWCA Civ 92

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Sporting compromise – tips for settling sports disputes

Published on 24 October 2019. By Jeremy Drew, Head of TMT and Joshua Charalambous, Senior Associate

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Some practical tips for sports clubs when settling disputes – with a focus on those issues that regularly arise in a sporting context.

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Potter – Tribunal considers the meaning of "trading company" in the context of entrepreneurs' relief

Published on 23 October 2019. By Rebekka Sandwell, Associate

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In Jacqueline Potter and Neil Potter v HMRC [2019] UKFTT 0554 (TC), the First-tier Tribunal (FTT) has confirmed that the owners of a company were entitled to entrepreneurs relief (ER) as the activities of the company amounted to trading.

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Publication

Challenging extensions of time to serve writs on defendants in Hong Kong

22 October 2019

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In another recent high profile judgment, the High Court of Hong Kong has (in effect) sent out an important warning to plaintiffs who apply to the court for an extension of time in which to serve their writ on a defendant. On making such applications, plaintiffs must be very careful to discharge their continuing and important duty to be full and frank with the court – in particular, in the evidence filed in support of such applications, plaintiffs must specifically and clearly confirm the position regarding the limitation periods for different claims in the writ and whether any claim is time barred.

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Taking it personally – retailers using hyper-personalisation to target consumers in the digital age

Published on 22 October 2019. By Oliver Bray, Senior Partner and Amber Oldershaw, Associate

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In a modern day society widely dubbed as 'The Digital Age', corporations must compete like never before to capture a fluid market seeking instant gratification.

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Privilege Absolute: documents remain privileged forever, unless privilege is waived

Published on 21 October 2019. By Nick Bird, Partner and Laura Stocks, Senior Associate

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The Court of Appeal has taken a robust stance against an attempt to retrospectively redraw the boundaries of legal professional privilege in the recent decision of Addlesee and others v Dentons Europe LLP1.

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Rents, Returns and Turnover in the Age of Online Retail

Published on 18 October 2019. By Ben Taverner, Associate

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News has surfaced recently that H&M has approached some of its landlords with a view to agreeing bespoke turnover rent arrangements for new leases and for lease renewals. The arrangements take the form of "total occupational deals" as they propose offering landlords a single sum as a proportion of turnover for each store to cover service charge, rent and business rates.

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No Deal Brexit – implications for data and privacy law compliance

Published on 17 October 2019. By Jon Bartley, Partner and Richard Breavington, Partner

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The Brexit rollercoaster ride continues. At the time of writing, the UK and EU have just announced the agreement of a new withdrawal deal but there are serious doubts about whether it will be backed by Parliament. Despite the requirements of the Benn Act, the risk of the UK leaving the EU without a deal continues to be a concern.

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Actuarial monitoring scheme announced

Published on 16 October 2019. By Ashley Daniells, Associate and George Smith, Senior Associate

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The Institute and Faculty of Actuaries (IFoA) has launched a new monitoring scheme, designed to improve the effectiveness of actuarial regulation, as well as make wide-spread improvements across the profession. The Actuarial Monitoring Scheme was created following a consultation by the IFoA.

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Leeds Cricket Football & Athletic Co Ltd – business with attached goodwill disposed of

Published on 16 October 2019. By Constantine Christofi, Senior Associate

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In The Leeds Cricket Football & Athletic Company Ltd v HMRC [2019] UKFTT 0568 (TC), the First-tier Tribunal (FTT) has held that the freehold in a cricket ground involved the disposal of a business with attached goodwill and was not simply a disposal of land with attached income streams.

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ASA rejects complaint that HFSS ad was directly aimed at school children - Cadbury

15 October 2019

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When will an ad which markets HFSS products be considered to be directly aimed at pre-school or primary school children?

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Avatar Alert! ASA uses child avatars to tackle irresponsible ads targeted at children

Published on 15 October 2019. By Oliver Bray, Senior Partner

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The ASA is proactively using avatars (which mimic child-like behaviour) to identify when age-restricted ads (gambling, alcohol, HFSS etc) are being irresponsibly targeted at children. The introduction of this new technology has already had an impact on ad monitoring and enforcement.

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Equine law - not just horsing around

Published on 14 October 2019. By Flavia Croce Michon Pecori, Associate

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Equine law as a practice area has become increasingly prominent, with a growing number of legal issues requiring firms to skill-up; but is there a clear definition of what 'equine law' is?

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Corporate governance for large private companies

Published on 14 October 2019. By Nneka Ezekude, Paralegal

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For financial years beginning on or after 1 January 2019, large private companies will need to adhere to the requirements contained in a new corporate governance code published by the Financial Reporting Council. The introduction of the new code followed multiple scandals which revealed poor corporate practices and neglect of stakeholders' interests. As a result, the code seeks to rebuild confidence and trust in these large private companies.

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Tortious claims against third party may trigger anti-suit injunction

Published on 10 October 2019. By Chris Ross, Partner and Kirtan Prasad, Senior Associate

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A party's attempt to circumvent a jurisdiction clause by bringing tortious claims against a third party has been thwarted by the High Court. In granting an anti-suit injunction, the court explored the substance of the claims and found them to be "vexatious and oppressive", designed simply to evade the exclusive jurisdiction clause.

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Regulatory update - October 2019

Published on 10 October 2019. By Gavin Reese, Partner

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Welcome to the October edition of our monthly Regulatory update, which aims to pull together key developments from across the various UK regulators – and help you to navigate the regulatory maze.

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JJ Management: No need to stand on formalities

Published on 09 October 2019. By Adam Craggs, Partner and Constantine Christofi, Senior Associate

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It would appear from the decision of the High Court in R (oao JJ Management LLP and Ors) v HMRC [2019] EWHC 2006 (Admin), that HMRC can conduct informal enquiries outside of section 9A, Taxes Management 1970 (TMA).

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Tax update October 2019

Published on 03 October 2019. By Adam Craggs, Partner and Constantine Christofi, Senior Associate

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In this month’s update we report on (1) the independent review of the disguised remuneration loan charge; (2) HMRC’s guidance on preparing for the off-payroll working changes which come into effect from April 2020; and (3) HMRC’s updated guidance on the tax registration of non-resident companies. We also comment on three recent cases relating to (1) an application for final and partial closure notices; (2) the validity of an enquiry; and (3) pre-entry loss rules.

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Rialas – Transfer of assets abroad provisions did not apply

Published on 02 October 2019. By Constantine Christofi, Senior Associate

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In Rialas v HMRC [2019] UKFTT 520, the First-tier Tribunal (FTT) has found that the transfer of assets abroad (TOAA) provisions, originally contained in section 739 et seq, Income and Corporation Taxes Act 1988 (ICTA) did not apply.

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Health and safety update September 2019

Published on 01 October 2019. By Gavin Reese, Partner and Mamata Dutta, Legal Director

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Welcome to our September 2019 health and safety update where we look at the health and safety stories that have recently hit the headlines as well as the latest fines and sentences that have been handed down.

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