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3 lessons that UK pharmaceutical manufacturers can learn from the US opioid epidemic
3 lessons that UK pharmaceutical manufacturers can learn from the US opioid epidemic
Read moreRoll up your sleeve – CJEU injects some influence in to vaccination case
Summary of Court of Justice of the European Union (CJEU) decision in vaccination case
Read moreASA Ruling on News UK & Ireland Ltd t/a News UK
The Times ran a promotion offering “two Legoland tickets for £10” upon the collection and redemption of four unique codes. The small print at the bottom of the promotion included “subject to availability” but did not include a closing date.
Read moreASA Ruling on American Express Services Europe Ltd American Express
The ASA has banned American Express’ “Everything Has an Upside” ad for their Platinum Cashback Everyday Credit Card, after ruling that it had exaggerated the claim that consumers get 5% cashback on all purchases.
Read moreASA Ruling on Bonne Terre Ltd t/a Sky Bingo – marketer responsible for non-compliant advertorial, despite not authorising the ad
What does an advertorial need to display in order to be clearly identified as a marketing communication for the purposes of the CAP Code, and who bears responsibility for a breach?
Read moreWhat constitutes “editorial control” for the purpose of determining whether video content is an advertorial?
ASA Ruling on Wahoo Fitness (UK) Ltd (15 November 2017)
Read moreHow will a court assess damages in a claim for negligent valuation?
How will a court assess damages in a claim for negligent valuation?
Read moreHow will a variation be interpreted and does it give rise to an estoppel in respect of rights under the original agreement?
How will a variation be interpreted and does it give rise to an estoppel in respect of rights under the original agreement?
Read moreWhat level care should be taken when making health claims via celebrities?
ASA Ruling on Nomad Choice Pty Ltd t/a Flat Tummy Tea (13 September 2017)
Read moreCan you rely on a long-standing commercial relationship as evidence that media content is "obviously identifiable" as marketing material?
ASA Ruling on Diamond Whites
Read moreUpdates to the draft ePrivacy Regulation
On 19 October 2017, the European Parliament approved a revised draft of the ePrivacy Regulation. Though still subject to negotiation, it introduces a number of important changes, and deserves careful study by every online communications business.
Read moreAre Model Contract Clauses (or “Standard Contract Clauses” – SSCs) valid under EU data protection law?
Irish High Court asks CJEU to rule on validity of Model Contract Clauses (Schrems II)
Read moreICO issues TalkTalk monetary penalty notice for £100,000
On 7 August 2017, the Information Commissioner’s Office fined TalkTalk £100,000 after an investigation found that it had failed to take adequate security measures to protect customer data from unauthorised access via web-based portal.
Read moreICO issues draft guidance on contracts between data controllers and data processors
What must be included within a contract between a data controller and a data processor to ensure compliance with the General Data Protection Regulation (GDPR)?
Read more12 Drummers Drumming: Pa rum pum pum pum
Whilst we all like to get into the festive spirit it's not much fun if you're living next door to those drummers. In this final instalment of the festive blog series we consider what action can be taken against noisy neighbours.
Read moreHow will GDPR affect the world of internet policy and systems of domain name registration?
Data protection - ICANN/WHOIS and the GDPR
Read moreNo ICO notifications but fees continue under GDPR
The Information Commissioner’s Office (ICO) has provided guidance as to how its notificationand fee regime will change when the General Data Protection Regulation (GDPR) comes into force in May 2018.
Read moreDCMS report on cyber security for the Internet of Things
What are the risks associated with the Internet of Things and what needs to be done to make the Internet of Things safer for consumers?
Read moreEuropean Commission Recommendation on illegal content online
What new measures will be required of online hosting service providers in relation to the European Commission Recommendation on measures to effectively tackle illegal content online?
Read moreEU Online Platform Bill
Search engines, app stores and other online platforms are facing new transparency obligations in relation to their contracts with other businesses in a new EU draft Bill proposed to be introduced next year.
Read moreOnline Platforms - Commission communication on tackling illegal content online
The European Commission (Commission) has published a Communication containing nonlegally binding guidelines for online platforms on preventing, detecting, removing and disabling access to illegal content.
Read moreOnline platforms - Internet Safety Strategy green paper
The internet is now all but ubiquitous, and there are growing public concerns about online safety. The issues range from online trolling, to hate speech, to location-sharing within social media platforms.
Read moreCan TV formats be protected by copyright as artistic works?
Can TV formats be protected by copyright as artistic works?
Read moreWill a variation of the underlying agreement invalidate a guarantee?
Will a variation of the underlying agreement invalidate a guarantee?
Read moreMaking made to measure medicine: tailored to suit
Summary of key points emerging from MHRA guidance on the importance of human factors in the development of new medical devices.
Read moreWhat amounts to effective service of a notice
What amounts to effective service of a notice?
Read moreWhat constitutes the “ordinary and proper course of business”?
What constitutes the “ordinary and proper course of business”?
Read moreTrial by Social Media
In a society filled with instant news and where anyone with an internet connection can publish an opinion, is an objective unbiased jury still achievable?
Read moreUnited Biscuits: High Court rejects claims for refunds of overpaid VAT
In United Biscuits (Pension Trustees) Ltd and another v HMRC [2017] EWHC 2895 (Ch), the High Court held that pension fund management services by non-insurers are standard rated and dismissed the claimant's claim to recover VAT on investment management services for pensions.
Read more11 pipers piping: How does MEES differ in Scotland?
It's day eleven of our festive blog series: The origins of the piping pipers may not be firmly rooted in Scotland, but they brought to our minds thoughts of bagpipes, and other things that are found north of the border. The Scottish were first to implement their energy efficiency regulations but now the English and Welsh are not far behind, with MEES coming into force early next year: what will the differences between the systems be?
Read moreHealth and safety update December 2017
Welcome the 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 well as the latest fines and sentences that have been handed down.
Read moreSubrogated recoveries
An accessible reference point to assist insurers in their immediate considerations relating to subrogated recoveries in 15 jurisdictions across Asia and in England and Wales
Read more10 Lords a-Leaping
It's day 10 of our blog series: The House of Lords was once the court of last resort for most cases heard in the UK. However, in 2009 those Law Lords leapt into the 21st Century and rebranded themselves as the Supreme Court of Justice.
Read moreGhosh test overturned: dishonesty according to the standards of ordinary, reasonable and honest people
The Supreme Court has held that the test for dishonesty should be assessed only by reference to whether or not the defendant's conduct is dishonest by the objective standards of ordinary, reasonable and honest people. The Court concluded that there were convincing grounds for holding that the second limb of the longstanding Ghosh test did not correctly represent the law and that directions based upon it ought no longer to be given. The Court further stated that the assessment of dishonesty in criminal and civil proceedings should be made by reference to the same test.
Read more9 Ladies Dancing: The Mayor of London protects the night-time economy
The Mayor of London published supplementary planning guidance last month, aiming to protect and enhance cultural venues across the capital and promote the night-time economy, and the draft revised London Plan could put this on a policy footing.
Read moreFinancial litigation roundup winter 2017
Welcome to the latest edition of our Financial Litigation roundup, where we share our insights into recent judgments and ongoing cases as well as new regulatory developments from the banking and financial world in the UK and Asia.
Read more8 Maids A-Milking: Milking the Consumer during the Festive Period
This article explores what's going on in the retail industry to draw in shoppers at this crucial time of year.
Read moreFIDIC Rainbow Suite: Second Editions unveiled
18 years after the publication of the original editions, FIDIC released its Second Edition Red (Construction), Yellow (Plant and Design Build) and Silver Books (EPC / Turnkey Projects) at the FIDIC Users' Conference in London last week. The philosophy behind the revised contracts is greater clarity and transparency with an emphasis on avoiding disputes and quickly resolving them when they do arise. We highlight some of the key changes within this note.
Read moreKey legal pitfalls of starting up: Protect your confidential information
Good commercial practice and robust contractual agreements are essential to safeguard confidential information.
Read more7 Swans-a-Swimming: new regulations are there to protect them
It's day seven of our festive blog series: The Conservation of Habitats and Species Regulations 2017 have come into effect. What do they say for the likes of our swimming swans?
Read moreBarclays Wealth Trustees - normal meaning to apply to 'settlement' for IHT purposes
In Barclays Wealth Trustees (Jersey) Ltd and Michael Dreelan v HMRC [2017] EWCA Civ 1512, the Court of Appeal has confirmed that inheritance tax will not apply in circumstances where a transfer between excluded property settlements takes place after a settlor becomes domiciled in the UK.
Read moreInitial Coin Offerings – the digital financing process under global scrutiny
In an era of social media platforms and the like, the technological world creeps into its corporate counterpart of today. Initial Coin Offerings (ICOs) storm the corporate world by force, but what does the future hold for the new phenomenon?
Read more6 Geese A-Laying: The Significance of laying the Golden Brick
What does the term "Golden Brick" mean, who uses it and why? In this article we explore the usefulness of the golden brick, the formalities which determine whether it applies and alternative approaches.
Read moreIndependent inquiry launched into malpractice of Ian Paterson
The Department of Health has announced the launch of an independent inquiry into the circumstances and practices surrounding the activity of convicted breast surgeon Ian Paterson.
Read more5 gold rings: a sensible way of paying for your Christmas shopping?
It's day five of our festive blog series: Gold is rare as a payment form these days, and cash is becoming increasingly so. Whilst retailers and consumers are embracing cashless payments, they are not without their risks.
Read moreTax update December 2017
In this month’s update we report on HMRC’s increased activity in respect of the so-called Panama Papers; HMRC’s new guidance in relation to “enablers” of defeated tax avoidance schemes; new settlement terms concerning disguised remuneration; and HMRC’s updated Litigation and Settlement Strategy
Read more4 Calling Birds – it's good to talk…
How will the new electronic communications code affect telecoms providers?
Read moreKey legal pitfalls of starting up: Agreeing the deal with your co-founders
RPC advice on agreeing the deal with your start-up co-founders, including a list of key considerations, which can prevent expensive disagreements in the future.
Read more3 French hens: are too many of our house-building eggs in their baskets?
We couldn't pass up the opportunity to mention Brexit – its potential impact on the rate at which we are building out new homes has been in the news a lot recently, with fears over the loss of foreign workers and slowdown across the economy.
Read moreJiminez: High Court quashes information notices issued to non-UK resident taxpayer
In Jimenez v (1) HMRC & (2) The First Tier Tax Tribunal [2017] EWHC 2585 (Admin), the High Court has quashed an information notice given by HMRC to a non-UK resident taxpayer.
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