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Blog

Medicinal Cannabis – approved for NHS use

Published on 11 November 2019. By Natalie Drew, Senior Associate

Two cannabis based medicines have now been approved for use by the NHS in England following new guidelines from NICE.

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Publication

Regulatory update - November 2019

11 November 2019

Welcome to the November edition of our monthly Regulatory Update, which aims to pull together key developments from the past month across the various UK regulators – and help you to navigate the regulatory maze.

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Blog

Risky business: the perils of taking over someone else's contract

Published on 07 November 2019. By Davina Given, Partner and Ben Harris, Associate

The High Court has held that the tort of inducing breach of contract requires more than merely "facilitating" a breach. Flexidig Ltd v A Coupland (Surfacing) Ltd(1) also reminds third parties of the perils of becoming embroiled in others' disputes.

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Blog

Anchor Defendants: Court of Appeal confirms no 'sole object' test applies

Published on 07 November 2019. By Andy McGregor, Head of Civil Fraud and Emily Fischer, Associate (Australian Qualified)

Recently, the Court of Appeal confirmed that article 6(1) of the Lugano Convention is not subject to a 'sole object' test. Where claimants have a sustainable claim against an 'anchor defendant' that they intend to pursue to judgment, they may rely on article 6(1) to bring a foreign co-defendant within the jurisdiction. This will be the case even if the claimant's sole object in suing the anchor defendant is to sue the foreign co-defendant in the same proceedings.

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Snapshot

Snapshots Autumn 2019

07 November 2019

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

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Publication

Tax update - November 2019

07 November 2019

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.

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Snapshot

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

07 November 2019

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?

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Snapshot

ASA rules on inappropriate targeting of gambling ads

07 November 2019

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?

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Snapshot

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

07 November 2019

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

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Snapshot

ASA ruling on sales and introductory offers - Furniture Village

07 November 2019

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

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Snapshot

ASA ruling on extending closing dates - Ogilvie

07 November 2019

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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Snapshot

ASA rules on price comparisons – Samuel Windsor

07 November 2019

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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Snapshot

Aldi rapped for misleading shopping basket price comparison

07 November 2019

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

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Snapshot

ASA ruling on gender stereotyping – Volkswagen

07 November 2019

When does an ad perpetuate harmful stereotypes?

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Snapshot

ASA ruling on gender stereotyping – Buxton

07 November 2019

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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Snapshot

ASA ruling on alcohol and social responsibility - Macallan

07 November 2019

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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Snapshot

ASA ruling on gender stereotyping Philadelphia

07 November 2019

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

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Snapshot

ASA ruling on audience composition – Tanya Burr

07 November 2019

What evidence must a business provide to show audience composition?

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Snapshot

The ASA’s Love Island “cheat sheet”

07 November 2019

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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Snapshot

ASA ruling on weight loss post – Jemmy Lucy

07 November 2019

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

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Snapshot

ASA ruling on “celebrity” status – ThisMamaLife

07 November 2019

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

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Snapshot

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

07 November 2019

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

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Snapshot

DCMS consults on AVMS Directive

07 November 2019

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

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Snapshot

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

07 November 2019

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

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Snapshot

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

07 November 2019

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

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Snapshot

ECJ rules on Facebook “Like” button

07 November 2019

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

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Snapshot

New EDPB guidelines on processing personal data through video devices

07 November 2019

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

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Snapshot

EE fined £100k for sending unsolicited marketing texts

07 November 2019

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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Snapshot

ICO update on Adtech Real Time Bidding Report

07 November 2019

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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Snapshot

ICO issues record fine against British Airways

07 November 2019

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

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Snapshot

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

07 November 2019

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

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Snapshot

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

07 November 2019

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

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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

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

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Snapshot

Law Commission - Execution of documents

07 November 2019

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

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Snapshot

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

07 November 2019

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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Snapshot

Racing Partnership Limited v Done Brothers

07 November 2019

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

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Snapshot

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

07 November 2019

What constitutes “reasonable endeavours”?

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Press and Media

City law firm RPC comments on Saracens fine

06 November 2019

Yesterday, the Premiership Rubgy fined UK Rugby champions Saracens with a 35 point deduction and £5.36 million for breaching salary cap rules.

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Blog

Cliff: Tax tribunal considers the meaning of ‘deliberate’

Published on 06 November 2019. By Constantine Christofi, Associate

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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Blog

Queen's speech spells out major environmental changes for retailers

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

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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Blog

Sheffield United, or divided? Implying duties of good faith

Published on 04 November 2019. By Jeremy Drew, Partner and Samuel Coppard, Associate and Charlie Gould, Trainee Solicitor

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

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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Blog

When is opinion evidence admissible?

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

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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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

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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Publication

VAT update October 2019

31 October 2019

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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Press and Media

No let-up in retail sector insolvencies – 1,252 last year

Published on 30 October 2019. By Daniel Kulcsar, PR & Communications Manager

New data published today shows that there has been no let-up in the number of retail businesses entering insolvency, with 1,252 insolvencies in the sector in the last year, up from 1,232 the year before says RPC, the City-headquartered law firm.

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Blog

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

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

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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Blog

Pertemps – Upper Tribunal provides guidance on salary sacrifice arrangements

Published on 30 October 2019. By Nicole Kostic, Senior Associate

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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Blog

Liverpool FC fail to register 'LIVERPOOL' trade mark alone

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

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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