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Snapshots Autumn 2019
This is your roundup of all recent legal updates spanning advertising & marketing, commercial cases,technology / digital, data protection and intellectual property.
Read moreTax update - November 2019
In this month’s update we report on (1) the government’s response to the Treasury Sub-Committee’s conclusions and recommendations in “Disputing Tax”; (2) the outcome of the consultation into offshore receipts in respect of intangible property; and (3) HMRC’s briefing regarding reform of the off-payroll working rules. We also comment on three recent cases relating to (1) the meaning of “trading company” in the context of entrepreneurs’ relief; (2) whether HMRC can conduct informal enquiries; and (3) the disposal of a business with goodwill and the capital gains tax implications of that disposal.
Read moreASA ruling on using under 25s in betting ads - BetIndex Limited
Can a gambling ad use the image of a person who is under the age of 25? What if they are not singled out in the ad ie they do not seem to be playing a 'significant role' in the ad?
Read moreASA rules on inappropriate targeting of gambling ads
Are ads for age restricted promotions appropriate in a free to play app? If not, who is responsible for ensuring that under-18s are not exposed to inappropriate ads for their age?
Read moreSky Bet “sports noggin” ad crosses line on guaranteeing betting success
Can gambling operators imply that a good knowledge of sports may result in betting success?
Read moreASA ruling on sales and introductory offers - Furniture Village
Can advertisers make reference to both a “Sale” and an “Introductory Offer” in respect of the same promotion?
Read moreASA ruling on extending closing dates - Ogilvie
Does the illness of a key staff member and/or technical issues constitute unavoidable events beyond the control of a promotor, in order that they can exercise a contractual right to extend the end date of a promotion by 12 months?
Read moreASA rules on price comparisons – Samuel Windsor
Can a retailer compare its prices to “typical high street prices”? Does it help if you explain the basis of those "typical" prices?
Read moreAldi rapped for misleading shopping basket price comparison
In what circumstances will a multi-production comparison be considered fair?
Read moreASA ruling on gender stereotyping – Volkswagen
When does an ad perpetuate harmful stereotypes?
Read moreASA ruling on gender stereotyping – Buxton
Can you still use gender stereotypical roles in your ads, even with the ASA’s new gender stereotyping rules in play?
Read moreComplaint against e-cigarette poster on grounds of targeting is dismissed by ASA - BAT
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ASA ruling on alcohol and social responsibility - Macallan
How easy is it for an alcohol ad to breach advertising rules on “social responsibility” when it includes daring or potentially dangerous behaviour? Does including elements of fantastical situations help you?
Read moreASA ruling on gender stereotyping Philadelphia
When does an advertisement perpetuate harmful gender stereotypes? Will humour save you?
Read moreThe ASA’s Love Island “cheat sheet”
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.
Read moreASA ruling on audience composition – Tanya Burr
What evidence must a business provide to show audience composition?
Read moreASA ruling on weight loss post – Jemma Lucy
Is your choice of influencer appropriate for your product, especially when they might be encouraging an unsafe practice?
Read moreASA ruling on “celebrity” status – ThisMamaLife
What number of Instagram followers constitutes a “celebrity” status?
Read moreDCMS consults on AVMS Directive
How will the updated provisions in the Audiovisual Media Services Directive (AVMSD) impact on video-sharing platforms (VSPs)?
Read moreCJEU confirms that e-commerce platforms need not make a telephone number available to consumers
Bundesverband der Verbraucherzentralen und Verbraucherverbände — Verbraucherzentrale Bundesverband eV v Amazon EU Sàrl, Case C 649/17
Read moreWhite Paper on the Fourth Industrial Revolution – Government strategy on regulating new technologies
What are the government's plans to regulate technological innovations?
Read moreCMA shows how far it is willing to “gogo” to ensure fair consumer practices
What are the circumstances which led the CMA to pursue court action against Viagogo?
Read moreECJ rules on Facebook “Like” button
Does a Facebook “Like” button make a website operator a joint data controller?
Read moreNew EDPB guidelines on processing personal data through video devices
How does the GDPR apply to the use of video devices?
Read moreEE fined £100k for sending unsolicited marketing texts
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?
Read moreICO issues record fine against British Airways
What did it take for the ICO to issue its largest ever fine against British Airways?
Read moreICO update on Adtech Real Time Bidding Report
What can businesses do to minimise the regulatory risks of processing of personal data in relation to real time bidding (RTB)?
Read moreCopyright Directive: CJEU rules on implementation and interpretation of copyright exceptions in Article 5(3)
How should copyright exceptions to authors’ exclusive rights to reproduce or communicate their works be implemented and interpreted?
Read moreStobart Group Ltd & Stobart Rail Ltd v Stobart & Tinkler [2019] EWCA Civ 1376
Was notice of a tax claim under a share purchase agreement effectively given?
Read moreSummary judgment granted on basis of “no set off” clause - AMC III Purple BV v Amethyst Radiotherapy Ltd [2019] EWHC 1503 (Comm)
Will the courts give effect to “no set off" clauses and do they exclude both legal and equitable set off?
Read moreLaw Commission - Execution of documents
Following its review and consultation, what's the Law Commission's position on electronic signatures?
Read moreRectification of contracts: how to assess parties’ intention (Court of Appeal)
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?
Read moreRacing Partnership Limited v Done Brothers
Can information that derives from a public sports event be subject to an obligation of confidentiality to the event organiser?
Read moreGaia Ventures Limited v Abbeygate Helical (Leisure Plaza) Limited [2019] EWCA Civ 823
What constitutes “reasonable endeavours”?
Read moreCliff: Tax tribunal considers the meaning of ‘deliberate’
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.
Read moreQueen's speech spells out major environmental changes for retailers
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.
Read moreSheffield United, or divided? Implying duties of good faith
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.
Read moreGeneral liability newsletter - October 2019
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.
Read moreWhen is opinion evidence admissible?
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).
Read moreTravelers Insurance Company Ltd (Appellant) v XYZ (Respondents) [2019] UKSC 48
The Supreme Court has reviewed the principles concerning third-party costs orders and ruled that an insurer was not liable for uninsured claimants' costs.
Read moreVAT update October 2019
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”.
Read moreEmerging Risks: crypto-assets under international and domestic regulatory scrutiny
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.
Read morePertemps – Upper Tribunal provides guidance on salary sacrifice arrangements
In HMRC v Pertemps Ltd [2019] UKUT 234 (TCC), the Upper Tribunal (UT) has provided helpful guidance on salary sacrifice arrangements and their effectiveness.
Read moreLiverpool FC fail to register 'LIVERPOOL' trade mark alone
Liverpool FC has failed to register a trade mark for 'LIVERPOOL' at the UKIPO on the basis of the city's "geographical significance".
Read moreWorld freezing orders: recent dissipations and reasonable delays
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
Read moreSporting compromise – tips for settling sports disputes
Some practical tips for sports clubs when settling disputes – with a focus on those issues that regularly arise in a sporting context.
Read morePotter – Tribunal considers the meaning of "trading company" in the context of entrepreneurs' relief
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.
Read moreChallenging extensions of time to serve writs on defendants in Hong Kong
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.
Read moreTaking it personally – retailers using hyper-personalisation to target consumers in the digital age
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.
Read morePrivilege Absolute: documents remain privileged forever, unless privilege is waived
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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