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Dr Bawa-Garba wins appeal against strike off
On Monday, the Court of Appeal unanimously found in Dr Bawa Garba's favour meaning she now is able to seek work as a Junior Doctor.
Read moreHas Instagram made it cool to be sensible?
Recent studies suggest that teenage rebellion is a thing of the past. The post-millennial age group, a.k.a. 'Generation Sensible', is apparently more interested in studying and family-time than ever before. Social media has been cited as a contributing factor, as it reduces the need for face-to-face contact between friends. But has it had a more active role in this behavioural shift?
Read moreA variation on a theme of settlement
In this unusual case, the Court was asked to determine a dispute regarding the settlement of a debt alleged to be owed to the Claimant following a sale at Sotheby's of various Persian antiquities. The case will be of interest to practitioners in its examination of the circumstances in which a party is able to discharge its liability under a settlement agreement through the payment of a lesser sum than that originally agreed. The judgment also provides a valuable insight into the antiquities world, and its comments on the close community in which the parties operated are particularly pertinent for those in the art arena who are considering embarking upon litigation.
Read moreUpdate: Automated and Electric Vehicles Act 2018
New legislation relating to automated vehicles clarifies liability issues and insurance coverage, and adds provisions relating to electric vehicles.
Read moreSnapshots - Summer 2018
This is your roundup of all recent legal updates spanning advertising & marketing, commercial cases,technology / digital, data protection and intellectual property.
Read moreTrustees of defined benefit schemes – are they on the hook for pension transfers? Yes says the Pension Ombudsman
The Pension Ombudsman has upheld a complaint against the trustees of a defined benefit scheme for failing to warn of the risks of a transfer to a pension liberation scheme. The Pension Ombudsman found that had the trustees provided documentation recommended under guidance from the Pension Regulator and identified and warned the member of certain hallmarks of a pension liberation scheme, the member would not have transferred his pension. The Pension Ombudsman has directed the trustees to reinstate the complainant's pension in the defined benefit scheme and pay £1,000 in distress and inconvenience.
Read moreGeneral liability newsletter July 2018
The latest general liability news coming out of the courts.
Read moreASA refers Viagogo to Trading Standards for misleading advertising
How likely is the ASA to impose further sanctions when an entity fails to act upon the ASA's instructions?
Read moreASA: omission of promotional T&Cs: prettylittlething
What information must be included in the main body of an advert?
Read moreASA: "our best prices" claim misleading – Sky UK
What does "our best prices" actually mean? Does it mean our best prices for the relevant products at the time the ad appears? Or does it mean our best "ever" prices or our best prices for a "reasonable" amount of time before the offer?
Read moreCAP consults on harmful gender stereotypes
The Committee of Advertising Practice (CAP) has launched a public consultation on a new rule to tackle harmful gender stereotypes in advertising, as well as guidance to advertisers on how the new rule should be interpreted in practice.
Read moreAdvertised delivery restrictions and surcharges: CAP Enforcement Notice
How careful do you need to be about making delivery claims like “Free UK Delivery”? Can you bury additional delivery charges for (say) the Scottish Isles in your T&Cs when making such an absolute claim? (Quick answer = no!).
Read moreASA: "was" prices did not represent genuine savings against usual selling prices - Currys
Can "was" prices be used in ads if the prices claimed were used many months before the promotion?
Read moreCAP announces 12 month review of rules on advertising HFSS products
The Committee of Advertising Practice (CAP) has announced the terms of reference for its review of the rules introduced in 2017 on the advertising of food and soft drinks high in fat, salt and sugar (HFSS) in non-broadcast media.
Read moreASA: "studio-quality" camera claim not misleading - Apple
What factors will the ASA consider when assessing statements made in ads? And what meaning will be given to industry standard terms when used in a different market context?
Read moreASA: blind taste test not misleading - Bulmers
What information do you need to include in a comparative ad to support your claim? Can you round up figures to the nearest percentage if you make this clear in the small text?
Read moreASA: misleading “was” price claim: Victoria Plum
When will a “was” price in a savings claim be considered misleading?
Read moreCAP Guidance on 'Compulsory costs and charges: Delivery charges'
How should retailers advertise their delivery charges, in order to comply with the Committee of Advertising Practice’s (CAP) new guidance?
Read moreBradshaw – Tribunal confirms ignorance of the law is a reasonable excuse and cancels penalties
In A and R Bradshaw v HMRC [2018] UKFTT 0368 (TC), the First-tier Tribunal (FTT) has held that a taxpayer's ignorance of the law is a reasonable excuse in relation to the late filing of a non-resident CGT return (NRCGT return).
Read moreFine for theft of employer’s personal data
Can departing employees be fined for stealing their employer's personal data? Even if the theft is relatively "minor"?
Read moreAdministrator of Facebook fan page held to be data controller
Is the administrator of a fan page on Facebook a "controller" for the purposes of the Data Protection Directive (95/46/EC) (DPD)?
Read moreICO draft guidance: legitimate interests as a lawful basis for processing
The GDPR significantly alters the balance of obligations, responsibilities and liabilities for controllers and processors of data. It mandates that a processor must have a lawful basis for the processing of data. However There are some impactful changes, particularly when looking to rely on legitimate interests as the lawful basis upon which a processor intends to process data.
Read moreUK's data retention powers incompatible with EU Law
Are the UK security services' data retention powers compatible with the new privacy regime under EU Law?
Read moreThe new data protection fee
From 25 May 2018, as part of the revamp by the General Data Protection Regulation (GDPR), the Data Protection (Charges and Information) Regulations 2018 (the 2018 Regulations) came into force. Amongst other things, these regulations change the way the ICO fund their data protection work.
Read moreWP29 revised guidelines: personal data breach notification
When should a data controller or processor notify a personal data breach?
Read moreICO draft guidance: Data Protection Impact Assessments
When and how should a data controller conduct a Data Protection Impact Assessment (DPIA) under the GDPR?
Read moreICO guidance: “consent is not the silver bullet for GDPR compliance”
The ICO reiterated that organisations do not necessarily need to obtain fresh consent from all of their customers in order to comply with GDPR.
Read moreInjunctions in the age of digital media
What should be the right scope of an interim injunction where a trade mark is infringed on social media? And how careful do you need to be of using third party trade marks in ad campaigns?
Read moreBlocking orders in relation to counterfeit goods
Who is liable to pay the costs of implementing a blocking order?
Read moreDamages – "negotiating damages" for breach of contract
In what circumstances are "negotiating" (ie Wrotham Park) damages available?
Read moreContractual interpretation – express "good faith" clauses
What approach will the courts take in relation to an express "good faith" clause?
Read moreContractual interpretation – recitals
What factors will a court consider when interpreting contractual clauses?
Read moreContractual Interpretation - no oral modification clauses
Is a no oral modification clause legally effective?
Read moreEIOPA Report on Cyber Insurance raises awareness and understanding of cyber risk in the European market
The European Insurance and Occupational Pensions Authority ("EIOPA") has published a report "Understanding Cyber Insurance – A Structured Dialogue with Insurance Companies", which heralds its first attempt to enhance understanding of cyber risk with a focus on the European market.
Read moreImportant issues relating to effect and interpretation of non-assignment clauses
Service by text and data room, worldwide freezing orders against persons unknown, self-identification orders and hearings on paper and in private are ways the court is dealing with cyber-crime. Here are five ways that the courts are addressing the imbalance that exists between victims and criminals who seek to hide behind a veil of anonymity in this digital age.
Read moreShaw: Tribunal cancels penalties … again!
In Shaw v HMRC [2018] UKFTT 0381 (TC), the First-tier Tribunal (FTT) has cancelled late filing penalties because HMRC had not satisfied the statutory requirements of section 8(1), Taxes Management Act 1970 (TMA) as a notice to file had not been validly served on the appellant.
Read moreAdjudication and liquidation – the final word?
It is generally the case (though not always!) that courts are reluctant to enforce monetary award adjudication decisions in favour of companies in liquidation (CILs). This is because of the uncertainty surrounding the CIL’s ability to repay those sums should it later transpire it was not entitled to the award.
Read moreOnline Prescriptions or Real Life Addictions?
With the rules around online prescribing set to be strengthened, we consider why these changes have come about, and what it might mean for patients and prescribers.
Read moreUS talc litigation has important lessons for UK insurers
Although it is unlikely litigation involving household staples such as talcum powder could succeed in the UK, the ongoing US litigation underlines a significant trend in product liability exposures.
Read moreTax update August 2018
In this month’s update we report on the summary of responses to HMRC’s consultation on extending time limits for offshore non-compliance, HMRC’s policy paper on “profit-fragmentation” and HMRC’s consultation on proposals for new civil information gathering powers for HMRC.
Read moreNew rules for peer-to-peer lending announced by FCA
The popularity of peer-to-peer (P2P) lending has increased exponentially in recent years, with nearly £10 billion being transferred through such platforms in the past ten years. In an attempt to fix "increasingly complex business structures", the FCA has announced new plans for new rules for peer-to-peer (P2P) lending.
Read moreTager – Court of Appeal allows taxpayers' appeals and reduces penalties for failure to comply with information notices
In Tager & Ors v HMRC [2018] EWCA Civ 1727, in allowing the taxpayers' appeals, the Court of Appeal has provided some general observations on the scope and purpose of HMRC's power to impose tax-related penalties under paragraph 50, Schedule 36, Finance Act 2008 for failures to comply with information notices issued under paragraph 1, Schedule 36, Finance Act 2008.
Read moreOnline resale price maintenance and pricing software under scrutiny
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 moreConstruction newsletter July 2018
What challenges does the construction industry face and what does the future hold?
Read moreInvesting to Innovate
Ocado aims to "change the way the world shops" with B2B technology offerings for retailers
Read moreVAT update July 2018
In this month’s update we report on the alignment of the period for recovery of VAT by exempt public sector entities; new guidance concerning VAT liability on goods supplied on approval; and HMRC’s policy paper on a new regime for interest and penalties.
Read moreSignificant increases to District Court's monetary jurisdiction
Significant increases to the jurisdictional limits for civil claims in the District Court have been proposed.
Read moreMicro-investing: from small acorns…
With the number of card payments overtaking cash for the first time, spare a thought for the piggy-banks of the nation. Where once they were full to the brim with coppers, they now lie forgotten and unused. So what are people now doing with their spare change? Not investing, it would seem…
Read moreAllpay - Tribunal refuses HMRC permission to amend its Statement of Case and awards costs to the taxpayer
In Allpay Ltd v HMRC [2018] UKFTT 0273 (TC), the First-tier Tribunal (FTT) has dismissed HMRC's application to amend its Statement of Case to plead a new legal issue.
Read moreIs a "Duty of Care" required for financial services firms?
On 17 July 2018, the Financial Conduct Authority (FCA) released DP18/5 – its discussion paper on a duty of care and potential alternative approaches. In this article we summarise the discussion paper and then examine briefly whether a new duty is required.
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