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Consultation on age and identity verification

20 December 2018

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What are the new age and identity verification rules that the Gambling Commission proposes to introduce?

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ASA announcement on prize winners rule under the GDPR

20 December 2018

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Are promoters still required to publish the details of prize winners? How does this sit with the GDPR?

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Coco’s revenge – ASA reverses Kellogg’s HFSS decision

20 December 2018

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Can a brand-generated character known for advertising HFSS products be used to promote a non-HFSS product to children?

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Under an obligation to repost an article you’ve written? You may need #ad – ASA rules against Platinum Gaming Ltd t/a Unibet

20 December 2018

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When should a twitter post promoting a blog be classed as an ad, meaning that it should be clearly labelled as such?

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CAP tips on social media prize promotions

20 December 2018

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What steps do you need to take to run a compliant prize promotion on social media?

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#Ad-vice for influencers and brands

20 December 2018

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How to comply with CAP’s new Influencer’s Guide?

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“By your side” claim not misleading – Lloyds Bank

20 December 2018

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How do you distinguish between advertising “puffery” and a misleading ad?

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Savings claims not substantiated and significant limitations omitted – Laura Ashley Ltd

20 December 2018

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How careful do you need to be in substantiating savings claims? And in what circumstances can you extend a promotional closing date?

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CAP issues new guidance on RRP comparisons

20 December 2018

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Advertisements using comparisons against recommended retail prices (RRP) have long been the norm, but advertisers should be aware that these price comparisons may mislead customers if the RRP differs significantly from the price at which the product or service is generally sold.

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ASA issues guidance on HFSS media placement

20 December 2018

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How can ads avoid falling foul of the CAP Code’s HFSS restrictions?

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Placing HFSS ads too close to schools

20 December 2018

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How close is too close when advertising an HFSS ad near a school? And what falls under the meaning of school?

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New CAP Code rules on the use of data for marketing

20 December 2018

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How have the Committee of Advertising Practice’s (CAP) rules on the use of data for marketing changed as a result of the General Data Protection Regulation (GDPR)?

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The EU fights “fake news”

20 December 2018

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What will the EU’s code of practice on disinformation mean for tech companies?

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Unjustified Geoblocking Regulation

20 December 2018

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Can a business block EU consumers from accessing their website to purchase goods or services?

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Misrepresentations during the selling process

20 December 2018

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At what point do misleading statements in a selling process become misrepresentations?

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Viagogo ordered to provide better information on ticket purchasing

20 December 2018

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What steps will Viagogo be required to take in order to better protect consumers and what does this mean for the company and its consumers?

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Amended UK consumer regulations in advance of Brexit

20 December 2018

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What consumer protection provisions are being put in place to prepare for Brexit?

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"Google You Owe Us” class action blocked – Richard Lloyd v Google LLC

20 December 2018

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Do you need to show relevant damage for a claim under the Data Protection Act 1998 (DPA)? Can a class action succeed if the members of the class cannot be readily ascertained or be said to share the same interest? Put another way, what are the restrictions on bringing an action for damages under the DPA?

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Various Claimants v WM Morrisons Supermarket PLC

20 December 2018

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Can a business be held vicariously liable for the actions of an employee who deliberately breaches its data protection policies and data protection law?

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Facebook ordered to reveal who requested deletion of deceased’s profile – Sabados v Facebook Ireland

20 December 2018

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Where a social media company has completed a request from an unknown person to delete a deceased’s profile and refused to tell the deceased’s partner, can a Norwich Pharmacal order be used to disclose the identity?

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Six month imprisonment in first ICO computer misuse act prosecution

20 December 2018

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Is the Information Commissioner’s Office (ICO) extending the scope and severity of its enforcement powers?

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Bupa fined for systemic data protection failures

20 December 2018

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What if an employee goes rogue with your personal data? Will you be able to show effective oversight measures including monitoring of employee access to databases?

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Equifax fined £500,000 for data breach of 15m UK customers

20 December 2018

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Had Equifax taken adequate and effective measures to protect customer data?

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Ireland’s Data Protection Commission launches investigation into Facebook’s data breach

20 December 2018

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On 28 September, Facebook disclosed that hackers had stolen keys that allowed them to access up to 50m user accounts with the potential for a further 40m which may have been compromised. The hack allowed the hackers to use the accounts as their own, reading and writing private messages and posts.

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ICO Calls for views on GDPR update to Direct Marketing Guide

20 December 2018

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What should we expect from the ICO’s updated Direct Marketing Guide?

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What if there’s no Brexit deal?

20 December 2018

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Where does a no deal scenario leave our obligations under EU data protection principles?

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Blog

Watch out! Internal settlement negotiations may not always remain "internal"

Published on 19 December 2018. By Davina Given, Partner and Suzan Kurdi, Senior Associate

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WH Holding Limited (1) West Ham United Football Club Limited (2) v E20 Stadium LLP [2018] EWCA Civ 2652 finds that internal settlement negotiations are not protected by litigation privilege.

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Publication

Health and safety update December 2018

18 December 2018

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Welcome to the latest edition of our health and safety update where we look at the health and safety stories that have recently hit the headlines as well as the latest fines and sentences that have been handed down.

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Blog

On the twelfth day of Christmas, the High Court gave to me…twelve judges judging

Published on 18 December 2018. By Davina Given, Partner

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It attracted nothing like the controversy of the US Senate's confirmation of US Supreme Court Justice Kavanaugh. However, the decision of the two selection commissions to recommend, and of the Lord Chancellor to recommend to the Prime Minister, the appointment of Lady Hale to the Presidency of the UK Supreme Court and of Ladies Black and Arden to the Court marked historic firsts in 2018.

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On the eleventh day of Christmas, the High Court gave to me…eleven groups a-growing

Published on 17 December 2018. By Davina Given, Partner and Chris Ross, Partner and Lambros Kilaniotis, Partner

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Unlike Scrooge, litigation will not wake transformed on Christmas Day into a gentler, kinder activity. But it is undergoing a slower transformation with the growth of various forms of group litigation in England.

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Blog

White Paper on National Security and Investment

Published on 17 December 2018. By Neil Brown, Partner and Charles Buckworth, Partner

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In our last blog, published on 11 December 2018, we explained the motivation behind the UK government's white paper on national security and investment. In this blog, we explain more of the detail in those proposals.

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Pension Transfers – FCA provides an end of year report

Published on 14 December 2018. By Matthew Watson, Senior Associate

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As the end of the calendar year approaches the FCA's recent publication indicated that the regulator remains concerned as to the suitability of pension transfer advice. If the FCA's recent review was an end of term school report this would be best summed up as "could do much better".

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Vacation Rentals – taxpayer had legitimate expectation that HMRC guidance could be relied on

Published on 14 December 2018. By Michelle Sloane, Partner

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In R (on the application of Vacation Rentals (UK) Ltd) (formerly The Hoseasons Group Ltd) v HMRC [2018] UKUT 383 (TCC), the Upper Tribunal (UT), has held that HMRC was bound by its published guidance in Business Brief 18/06 (BB18/06) concerning the treatment of payments for card handling services.

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Blog

On the tenth day of Christmas, the High Court gave to me…ten claims a-noticed

Published on 14 December 2018. By Davina Given, Partner

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Christmas may come but once a year, but 2018 was book-ended by two cases in the Court of Appeal on claim notices in the context of share sale purchases.

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Blog

A Signature Move in the Right Direction?

13 December 2018

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Earlier this year the Law Commission published a Consultation Paper on the use of electronic signatures for the execution of written agreements. Whilst the Law Commission does provisionally conclude that in its view an electronic signature is capable of complying with existing law, it published the Paper in order to seek views on whether the current law inhibits the electronic execution of written contracts, and what concerns stakeholders have regarding the use of electronic signatures.

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Projecting into the future of the medical products sector

Published on 13 December 2018. By Emma Kislingbury, Senior Associate and Peter Rudd-Clarke, Legal Director

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In the final instalment of our vlog series, we look at recently published books by Yuval Noah Harari and Stephen Hawking to help us better understand and project into the future of the medical products sector.

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Blog

On the ninth day of Christmas, the High Court gave to me…nine losses mounting

Published on 13 December 2018. By Davina Given, Partner

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It's rare for cases on damages to reach the Supreme Court, and there was just one in 2018: Morris-Garner v One Step (Support) Ltd (possibly particularly appropriate for a verse normally taken up with possibly aged leaping lords).

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On the eighth day of Christmas, the High Court gave to me…eight duties owing

Published on 12 December 2018. By Davina Given, Partner

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To borrow from a distinctly non-Christmassy text: to owe or not to owe a duty? That is often the difficult question. (It could be worse: o-ho-ho-ho-we, yes, it could.) By way of a round-robin letter on the topic, by and large, 2018 was a good year for.

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Blog

Huawei and UK National Security - A new technology cold war?

Published on 11 December 2018. By Neil Brown, Partner and Charles Buckworth, Partner

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Chinese technology giant, Huawei, has been making plenty of headlines recently. First, a number of Western governments (including the US, Australia and New Zealand) have banned Huawei equipment from being used in 5G networks, citing national security concerns. Next, Huawei's CFO was arrested in Canada in connection with alleged breaches of international sanctions.

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Blog

On the seventh day of Christmas, the High Court gave to me…seven fraudsters fleeing

Published on 11 December 2018. By Davina Given, Partner and Jonathan Cary, Partner

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A Home Office report in July 2018 found that in 2015/16 there were 3.6m incidents of fraud with an immediate cost of £3.04bn and 2m incidents of cybercrime with an immediate cost of £526m. It seems improbable that the number or value of those incidents has declined since then, and certainly fraud of all types has had a busy 12 months in the English courts.

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Publication

The new Payment Services Bill

10 December 2018

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The new Payment Services Bill (No 48/2019) (the “Bill”) was recently submitted for a first reading in the Singapore Parliament on 19 November 2018. The Bill will consolidate the various payments regulations and replace the existing legislation, which primarily comprises the Money-changing and Remittance Businesses Act (Cap 187, 2008 Rev Ed) (the “MCRBA”) and the Payment Systems (Oversight) Act (Cap 222A, 2007 Rev Ed) (the “PSOA”).

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Blog

On the sixth day of Christmas, the High Court gave to me…six exclusion clauses

Published on 10 December 2018. By Davina Given, Partner

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Geese, which normally feature in this verse, can pack a nasty bite. In a gaggle of cases this year, exclusion clauses bit claimants hard – but in two cases the claimants successfully fought back.

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On the fifth day of Christmas, the High Court gave to me…five time bars!

Published on 07 December 2018. By Davina Given, Partner

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A defendant who can rely on a limitation defence strikes gold. However, the extreme impact of a time bar in wiping out a claim, however meritorious, combined with the impenetrability of some parts of the Limitation Act 1980, makes limitation a fertile source of dispute, and so it proved in 2018.

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連載コラム・欧州M&A最前線2018年9月・10月

Published on 07 December 2018. By Nigel Collins, Partner, Head of Japan Desk

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今月のテーマは電気自動車(EV)のための新規制だ。急速に進展するEV産業のアドバイザーたちと業界トレンドについて話し合い、また伊藤忠商事がカーシェア・スタートアップ企業に投資するに当たり助言する中で、EV市場全般について考えたことを受け、このテーマを取り上げることにした。

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Blog

Are the US courts eroding collective redress? Why England may be becoming a more attractive place for class actions

07 December 2018

The UK may be becoming a more favourable jurisdiction than the US for class actions or collective redress.

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Blog

On the fourth day of Christmas, the High Court gave to me…four contracts

Published on 06 December 2018. By Davina Given, Partner

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Questions of contractual interpretation can be hard nuts to crack. We pick out today some nuts that you might find at the bottom of your legal stocking this year.

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Artificial intelligence and diagnostics in the medical sector

Published on 06 December 2018. By Emma Kislingbury, Senior Associate and Peter Rudd-Clarke, Legal Director

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Our Medical and Life Sciences team take a look at the use of artificial intelligence and diagnostics in the second instalment of this 3 part vlog series.

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On the third day of Christmas, the High Court gave to me…three corporate crimes

Published on 05 December 2018. By Davina Given, Partner and Sam Tate, Partner

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Beware of employees bearing gifts of frankincense, myrrh and especially gold: 2018 saw the first conviction after a contested prosecution for the corporate offence of failing to prevent bribery, under s7 of the Bribery Act 2010.

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Publication

Tax update December 2018

05 December 2018

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In this month’s update we report on (1) the published response to the consultation on creating a “fund structure” within the Enterprise Investment Scheme for investment in innovative knowledge-intensive companies; (2) the published response to the consultation on extending the IR35 rules to the private sector; and (3) the published response to HMRC’s tax abuse and insolvency discussion document. We also comment on three recent decisions relating to (1) penalties attaching to employment intermediaries returns (2); penalties for failing to file tax returns; and (3) CGT holdover relief where the transferor was a foreign controller of the transferee.

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Blog

Livery business qualifies for BPR for IHT purposes

Published on 05 December 2018. By Constantine Christofi, Senior Associate

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In HMRC v Personal Representatives of the Estate of Maureen M Vigne [2018] UKUT 357 (TCC), the Upper Tribunal (UT), in dismissing HMRC's appeal, has confirmed that a livery business attracted business property relief (BPR) under section 105, Inheritance Tax Act 1984 (IHTA), as the business did not consist of wholly or mainly in making or holding investments.

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