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Blog

NDAs: Not done with after all?

Published on 08 January 2019. By Alice Tittensor, Trainee Solicitor

Non-Disclosure Agreements are currently under significant scrutiny following various public scandals in which they have been used to silence employees who were allegedly subjected to harassment by their employers. In light of this recent controversy, this article explores the current debate surrounding NDAs.

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Blog

Funding for disputes – “one step forward”

Published on 04 January 2019. By David Smyth, Senior Consultant and Michael Maguiness, Of Counsel

In a significant development in June 2017, the Arbitration and Mediation Legislation (Third Party Funding) (Amendment) Ordinance was enacted. It provides for a legislative regime for third party funding of arbitration and mediation in Hong Kong.

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Blog

An excessive demand is still a demand - Barclays Bank plc v Price

Published on 02 January 2019. By Sarah Shaul, Associate and Andy McGregor, Head of Civil Fraud

A demand made under a guarantee may be effective even when the amount demanded exceeds an express liability cap.

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Snapshot

Snapshots - Winter 2018

27 December 2018

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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Blog

Ban of combustible materials in cladding

21 December 2018

One and a half years after Grenfell, the Building (Amendment) Regulations 2018 come into force and restrict the use of combustible materials in buildings.

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Blog

Addo - Disclosure against HMRC in tax appeals

Published on 20 December 2018. By Constantine Christofi, Associate

In Addo v HMRC [2018] UKFTT 530 (TC), the First-tier Tribunal (FTT) considered the principles governing disclosure in the context of appeals before the FTT. This blog is based on an article which was first published in Tax Journal on 22 November 2018. RPC acted for the taxpayer in this case.

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Snapshot

Argos Limited v Argos Systems Inc [2018]

20 December 2018

How will the Court interpret the three limb test of Article 9(1)(c) of the EU Trade Mark Regulation?

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Snapshot

How will the Court view 'letters of intent' pending final agreements being concluded?

20 December 2018

What approach does the Court take in relation to the “letters of intent” pending final agreements being concluded?

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Snapshot

Will an entire agreement clause exclude claims for misrepresentation?

20 December 2018

Will an entire agreement clause exclude claims for misrepresentation?

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Snapshot

Government announces plans to prohibit certain contractual termination clauses

20 December 2018

Which termination clauses will likely be prohibited by any new legislation?

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Snapshot

UBS v Rose Capital Ventures Limited and others

20 December 2018

Is there a duty to act rationally and in good faith when exercising a contractual right without cause (the Braganza duty)?

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Snapshot

Guarantees and Indemnities and whether liquidated damages clauses amount to unenforceable penalties?

20 December 2018

Do liquidated damages clauses amount to unenforceable penalties? What is the difference between a guarantee and indemnity?

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Snapshot

Reformation Publishing Co Ltd v Cruiseco Ltd (Spandau Ballet)

20 December 2018

How does the court calculate a reasonable licence fee, and what conduct is sufficient for the court to award additional damages under Section 97(2) of the Copyright, Designs and Patents Act 1998?

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Snapshot

ASA announcement on prize winners rule under the GDPR

20 December 2018

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

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Snapshot

Consultation on age and identity verification

20 December 2018

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

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Snapshot

Failing to honour a gift promotion – ASA ruling against Superdrug

20 December 2018

What happens if you run out of gift stock so you can’t honour a promotion? Put another way, what must you do to ensure promotions are administered fairly?

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Snapshot

#Ad-vice for influencers and brands

20 December 2018

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

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Snapshot

ASA issues guidance on HFSS media placement

20 December 2018

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

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Snapshot

“By your side” claim not misleading – Lloyds Bank

20 December 2018

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

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Snapshot

CAP issues new guidance on RRP comparisons

20 December 2018

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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Snapshot

CAP tips on social media prize promotions

20 December 2018

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

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Snapshot

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

20 December 2018

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

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Snapshot

New CAP Code rules on the use of data for marketing

20 December 2018

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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Snapshot

Placing HFSS ads too close to schools

20 December 2018

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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Snapshot

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

20 December 2018

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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Snapshot

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

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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Snapshot

The EU fights “fake news”

20 December 2018

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

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Snapshot

Unjustified Geoblocking Regulation

20 December 2018

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

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Snapshot

Amended UK consumer regulations in advance of Brexit

20 December 2018

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

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Snapshot

Misrepresentations during the selling process

20 December 2018

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

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Snapshot

Viagogo ordered to provide better information on ticket purchasing

20 December 2018

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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Snapshot

Bupa fined for systemic data protection failures

20 December 2018

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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Snapshot

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

20 December 2018

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

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Snapshot

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

20 December 2018

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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Snapshot

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

20 December 2018

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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Snapshot

ICO Calls for views on GDPR update to Direct Marketing Guide

20 December 2018

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

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Snapshot

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

20 December 2018

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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Snapshot

Six month imprisonment in first ICO computer misuse act prosecution

20 December 2018

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

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Snapshot

Various Claimants v WM Morrisons Supermarket PLC

20 December 2018

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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Snapshot

What if there’s no Brexit deal?

20 December 2018

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

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

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

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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Blog

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

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

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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Press and Media

GDPR introduction sees whistle-blower reports on data breaches rise 165%

17 December 2018

The number of whistle-blower reports received by the Information Commissioner’s Office (ICO) about potential data breaches at businesses has increased 165% since the introduction of the General Data Protection Regulation (GDPR) in May.

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Blog

Pension Transfers – FCA provides an end of year report

Published on 14 December 2018. By Matthew Watson, Associate

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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Blog

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

Published on 14 December 2018. By Michelle Sloane, Senior Associate

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

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?

Published on 13 December 2018. By Jason Varney, Senior Associate

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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