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Snapshot

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

07 November 2019

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

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ASA ruling on sales and introductory offers - Furniture Village

07 November 2019

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

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ASA ruling on extending closing dates - Ogilvie

07 November 2019

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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?

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ASA rules on price comparisons – Samuel Windsor

07 November 2019

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

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Aldi rapped for misleading shopping basket price comparison

07 November 2019

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

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ASA ruling on gender stereotyping – Volkswagen

07 November 2019

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When does an ad perpetuate harmful stereotypes?

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ASA ruling on gender stereotyping – Buxton

07 November 2019

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

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ASA ruling on alcohol and social responsibility - Macallan

07 November 2019

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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?

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ASA ruling on gender stereotyping Philadelphia

07 November 2019

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

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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, Partner

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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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