Search

Snapshot

Snapshots Autumn 2019

07 November 2019

Gray tint 3

This is your roundup of all recent legal updates spanning advertising & marketing, commercial cases,technology / digital, data protection and intellectual property.

Read more
Publication

Tax update - November 2019

07 November 2019

Gray tint 3

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 more
Snapshot

ASA ruling on using under 25s in betting ads - BetIndex Limited

07 November 2019

Green tint 1

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 more
Snapshot

ASA rules on inappropriate targeting of gambling ads

07 November 2019

Green tint 2

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 more
Snapshot

Sky Bet “sports noggin” ad crosses line on guaranteeing betting success

07 November 2019

Abstract building

Can gambling operators imply that a good knowledge of sports may result in betting success?

Read more
Snapshot

ASA ruling on sales and introductory offers - Furniture Village

07 November 2019

Purple tint 5

Can advertisers make reference to both a “Sale” and an “Introductory Offer” in respect of the same promotion?

Read more
Snapshot

ASA ruling on extending closing dates - Ogilvie

07 November 2019

Purple tint 2

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 more
Snapshot

ASA rules on price comparisons – Samuel Windsor

07 November 2019

Abstract building

Can a retailer compare its prices to “typical high street prices”? Does it help if you explain the basis of those "typical" prices?

Read more
Snapshot

Aldi rapped for misleading shopping basket price comparison

07 November 2019

Gray tint 1

In what circumstances will a multi-production comparison be considered fair?

Read more
Snapshot

ASA ruling on gender stereotyping – Volkswagen

07 November 2019

Untinted 2

When does an ad perpetuate harmful stereotypes?

Read more
Snapshot

ASA ruling on gender stereotyping – Buxton

07 November 2019

Green tint 4

Can you still use gender stereotypical roles in your ads, even with the ASA’s new gender stereotyping rules in play?

Read more
Snapshot

ASA ruling on alcohol and social responsibility - Macallan

07 November 2019

Purple tint

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 more
Snapshot

ASA ruling on gender stereotyping Philadelphia

07 November 2019

Gray tint 3

When does an advertisement perpetuate harmful gender stereotypes? Will humour save you?

Read more
Snapshot

The ASA’s Love Island “cheat sheet”

07 November 2019

Purple tint 3

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 more
Snapshot

ASA ruling on audience composition – Tanya Burr

07 November 2019

Gray tint 3

What evidence must a business provide to show audience composition?

Read more
Snapshot

ASA ruling on weight loss post – Jemma Lucy

07 November 2019

Untinted 4

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

Read more
Snapshot

ASA ruling on “celebrity” status – ThisMamaLife

07 November 2019

Gray tint 1

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

Read more
Snapshot

DCMS consults on AVMS Directive

07 November 2019

Green tint 3

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

Read more
Snapshot

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

07 November 2019

Gray tint 3

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

Read more
Snapshot

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

07 November 2019

Green tint 1

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

Read more
Snapshot

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

07 November 2019

Abstract building

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

Read more
Snapshot

ECJ rules on Facebook “Like” button

07 November 2019

Abstract building

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

Read more
Snapshot

New EDPB guidelines on processing personal data through video devices

07 November 2019

Purple tint 3

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

Read more
Snapshot

EE fined £100k for sending unsolicited marketing texts

07 November 2019

Untinted 4

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 more
Snapshot

ICO issues record fine against British Airways

07 November 2019

Green tint 2

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

Read more
Snapshot

ICO update on Adtech Real Time Bidding Report

07 November 2019

Untinted 4

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

Read more
Snapshot

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

07 November 2019

Abstract building

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

Read more
Snapshot

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

07 November 2019

Green tint 1

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

Read more
Snapshot

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

Purple tint 3

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

Read more
Snapshot

Law Commission - Execution of documents

07 November 2019

Untinted 2

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

Read more
Snapshot

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

07 November 2019

Untinted 3

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 more
Snapshot

Racing Partnership Limited v Done Brothers

07 November 2019

Gray tint 4

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

Read more
Snapshot

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

07 November 2019

Gray tint 1

What constitutes “reasonable endeavours”?

Read more
Blog

Cliff: Tax tribunal considers the meaning of ‘deliberate’

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

Abstract building

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 more
Blog

Queen's speech spells out major environmental changes for retailers

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

Gray tint 1

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 more
Blog

Sheffield United, or divided? Implying duties of good faith

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

Green tint 4

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 more
Publication

General liability newsletter - October 2019

04 November 2019

Purple tint

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 more
Blog

When is opinion evidence admissible?

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

Untinted 3

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 more
Blog

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

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

Untinted 2

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 more
Publication

VAT update October 2019

31 October 2019

Green tint

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 more
Blog

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

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

Untinted 3

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 more
Blog

Pertemps – Upper Tribunal provides guidance on salary sacrifice arrangements

30 October 2019

Abstract building

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 more
Blog

Liverpool FC fail to register 'LIVERPOOL' trade mark alone

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

Untinted 5

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

Read more
Blog

World freezing orders: recent dissipations and reasonable delays

Published on 24 October 2019. By Simon Hart, Partner

Untinted 4

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 more
Blog

Sporting compromise – tips for settling sports disputes

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

Purple tint 1

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

Read more
Blog

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

Published on 23 October 2019. By Rebekka Sandwell, Associate

Green tint 1

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 more
Publication

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

22 October 2019

Untinted 4

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 more
Blog

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

Untinted 3

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 more
Publication

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

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

Purple tint

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.

Read more