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Loopholes in the Limitation Act – when will the court finally stop the clock?
Think you're safe after the expiry of the statutory limitation period?
Read moreHealth and safety law update, November 2015
Health and safety law update, November 2015
Read moreBuilt on sand?
At the Treasury's request, the FCA has published plans for a 'regulatory sandbox' in which businesses can play with new, innovative products, services and business models without "all the normal regulatory consequences".
Read moreThe Modern Slavery Act: what you need to know about the new reporting obligation
The Modern Slavery Act 2015 (the Act) came into force on 26 March 2015. At a high level it aims to improve law enforcement tools, strengthen criminal penalties and deliver better protection and support for victims.
Read moreDetention cases up as EU customs seizes €617m worth of goods
According to the "Report on EU Customs Enforcement of Intellectual Property Rights 2014" published by the European Commission, there has been a rise in the number of interceptions of infringing goods by customs at external EU borders.
Read moreDraft Investigatory Powers Bill unveiled
The draft Investigatory Powers Bill was laid before Parliament on Wednesday and leading political figures have already been attempting to calm fears surrounding the so-called 'snooper's charter'.
Read moreSpooky new powers for the FCA
We all thought that Halloween was last week, right? Wrong!
Read moreCourt refuses stay in favour of Italian proceedings under 2001 Brussels Regulation
The Commercial Court has declined to stay an English action[1] in favour of prior proceedings in Italy, notwithstanding the fact that the dispute pre-dated the application of the Recast Regulation.
Read moreFCA restates commitment to consumer protection with fine against sale and rent back provider
In the latest of its enforcement actions in the mortgage market, the FCA announced last week the fining of Quick Purchase Limited for breach of Principle 6.
Read moreExclusive (jurisdiction), read all about it!
In Global Maritime Investments Cyprus Limited v OW Supply & Trading A/S (under konkurs),[1] a jurisdiction clause prevented the defendant from pursuing issues in the Danish courts, even though jurisdiction was not stated to be "exclusive".
Read moreBreach of SFO disclosure requirements and damages that can follow
In July 2015 the Securities and Futures Commission (SFC) commenced its first set of proceedings in the Market Misconduct Tribunal against a listed company for allegedly failing to disclose price-sensitive inside information to the public as soon as reasonably practicable, contrary to Section 307B(1) of the Securities and Futures Ordinance.
Read moreBack to the Future: FAMR could result in automated distribution, not robo-advice
'Back to the Future day' prompted myriad summaries of where technology has got us and where we're headed.
Read moreThird party rights relating to Final Notices trump litigation deadlines at the Upper Tribunal
In its recent decision the Upper Tribunal allowed for a late filing of a reference on third party rights in relation to FCA final notices.
Read moreUpper Tribunal confirms 'flip-flop II' scheme was effective
In Clive Bowring and Juliet Bowring v HMRC[1], the Upper Tribunal (UT) has allowed the taxpayers' appeal and concluded that a scheme, designed to reduce capital gains tax (CGT) due on capital payments made by a trust, was effective.
Read moreFCA and PRA up the ante on regulatory references
The FCA and PRA have announced a consultation in respect of their proposals to introduce a mandatory form of employment reference (known as a "regulatory reference").
Read moreDon't blame it on the sunshine – the impact of weather on the retail industry
The Met Office has recently published a report that considers the impact of weather on the retail industry (a copy is available here).
Read moreThe "RES COGITANS" – still no relief for shipowners in OW Bunker saga
In an eagerly-awaited decision, the English Court of Appeal has unanimously upheld the conclusion of the Commercial Court (itself affirming a decision of London maritime arbitrators) that a bunker supply contract on the OW Bunker terms is not a "contract of sale of goods" to which the Sale of Goods 1979 Act applies[1].
Read moreHMT extends radical changes to Senior Managers and Certification Regime
The Senior Managers and Certification Regime (SM&CR) along with the Senior Insurance Managers Regime (SIMR) were designed to improve personal responsibility within banks and insurers.
Read moreThe Pensions Freedoms and FOS – trends in complaints and enquiries
FOS has published a response to the Treasury's consultation paper looking at early exit penalties, the transfer process and communications with consumers in relation to financial advice on pensions.
Read moreFCA action highlights wider concerns with consumer credit lending practices
The FCA has recently announced that it has reached an agreement with Dollar Financial UK (Dollar), to refund over £15.4 million to 147,000 customers.
Read moreUnjustified threats regime: Law Commission final report published
On 12 October 2015, the UK Law Commission issued its second and final report on groundless threats in IP infringement proceedings entitled "Patents, Trade Marks and Designs:
Read moreCyber Attacks on Law Firms on the Up
Law firms are the custodian of clients' intellectual property, commercially sensitive and personal information.
Read moreSection 14A revisited – how much does a claimant need to know?
The Court of Appeal has looked at whether or not a claimant had sufficient knowledge under Section 14A when it was told that a firm had been negligent but not told that any damage may result.
Read moreThe future of shape marks
'What do you see?' This is a question most often associated with crystal balls, but it will now be asked by thousands of brand owners across the EU member states, whatever the shape of the goods they produce.
Read moreThe hidden costs of divorce – lawyers beware the price tag!
As a result of the Supreme Court's decision on 14 October 2015 in the cases of Sharland and Gohil, parties in divorce proceedings are now able to re-open their financial settlements where there is evidence of fraudulent non-disclosure.
Read more"Vote Tracey"
Acting Chief Executive of the FCA, Tracey McDermott's speech at the Mansion House last night made a good case for appointing her to the role on a permanent basis by appealing to the sector with a warning about pendulum swings and the risk of getting "caught in a loop where we regulate, deregulate, repeat on an infinite cycle".
Read moreTaxpayer wins residency status appeal
In Mark Carey v HMRC*, the taxpayer successfully claimed share loss relief.
Read morePension freedoms guidance & advice - Parliament wades in
The Work & Pensions Committee, following a call for evidence in early September, has published a report considering the first six months of the new pension freedoms.
Read moreIndiGo continues to soar over rivals in the Indian airline industry
On Monday 26 October, InterGlobe Aviation (the operator of IndiGo Airlines) is due to launch its initial public offering (IPO).
Read moreThe effectiveness of a US exclusive jurisdiction clause in light of the (Recast) Brussels Regulation
The Court of Appeal ruled that a company which provides benefits to employees of associated group companies may be regarded as an employer if it provides those benefits to reward and encourage the employees for the benefit of their employer and the group as a whole.
Read moreHMT extends and radically changes the Senior Managers and Certification Regime
The Senior Managers and Certification Regime (SM&CR) along with the Senior Insurance Managers Regime (SIMR) were designed to radically alter the playing field for personal responsibility within banks and insurers.
Read moreCan omni-channel deliver a retail experience?
Greater competition for a hassle-free retail experience is on the agenda for both internet only and bricks and mortar retailers.
Read moreTribunal considers Tower M Cashback and scope of 'conclusion' in closure notice
In B & K Lavery Property Trading Partnership v HMRC[1], the First-tier Tribunal (FTT) declined the Appellant's application to strike out HMRC's case and allowed HMRC's application to amend its statement of case.
Read moreOffice to residential development crusade continues
As part of the Government's ongoing crusade to get homes built, the office to residential permitted development right, previously set to expire in May 2016, has been made permanent.
Read moreLinkedIn 101
Use social networks wisely and the rewards are great. Get it wrong and at best, you end up looking like a stalker having viewed your colleague's profile one too many times.
Read moreMoJ quietly halts work on new economic crime offence – what does the announcement tell us?
Recently the Justice minister Andrew Selous MP stated in an answer to a written question submitted by Byron Davies MP, that the Ministry of Justice has decided not to take forward the proposal for a new offence of a corporate failure to prevent economic crime offence.
Read more'Stand Up and Deliver' - the competition for same day delivery hots up
Argos has become the first UK bricks and mortar retailer to offer shoppers same day delivery up to 10pm.
Read moreMind the gap: Financial Advice Market Review must focus on consumer responsibility
Pension freedoms will mean a bigger advice gap. The burning question is - what are the Treasury and FCA going to do about it?
Read moreRisky business? VAT exemption limits for would-be insurance intermediaries
The latest case to consider the extent of the VAT exemption for "insurance intermediary" services has again highlighted the limits of the exemption.
Read moreFCA blows the starting whistle on new rules
The FCA and PRA have introduced new rules to build on and formalise the good practice already found in the whistleblowing procedures of large UK-based banks, building societies*, investment firms and insurers.
Read moreSending out an SOS
Britain's second-biggest steelmaker Sahaviriya Steel Industries UK (SSI UK) announced late last month that its Redcar plant is to be mothballed or closed, with the loss of at least 1,700 jobs.
Read moreEU court declares 'safe harbor' data-transfer agreement invalid
The Court of Justice of the EU (CJEU) has declared that the "Safe Harbor" framework agreement cannot be relied upon to justify transfers of personal data from the EU to the US.
Read moreEmployment update, September 2015
HR assistance in disciplinary procedures: how much is too much?
Read moreTribunal finds HMRC's information notice to be invalid
In PML Accounting Limited v HMRC[1], the First-tier Tribunal (FTT) has found that a taxpayer information notice was invalid, as HMRC should have issued a third party information notice.
Read moreEU Court declares 'Safe Harbor' data-transfer agreement invalid
The Court of Justice of the European (CJEU) has declared that the "Safe Harbor" framework agreement cannot be relied upon to justify transfers of personal data from the EU to the US.
Read moreThe responsibilities of SIPP administrators and trustees for investments – where are we now?
The Pensions Ombudsman has published a decision rejecting a complaint made against a SIPP administrator in relation to the suitability of investments held within a SIPP.
Read moreHigh Court guidance on the admissibility of expert evidence
British Airways has succeeded in partly overturning the decision of a Deputy Master who refused BA permission to adduce expert evidence in litigation against the trustees of one of its defined benefit pension schemes.
Read moreDo you know you're being tracked?
Do you own a smart phone? Do you always have WiFi enabled? If your answers to both these questions are yes, your movements were most probably tracked on your way into work today.
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