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CMI Triangle 03

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  • Blockchain Technology - Legal Insight

    07 October 2016

    Even before some realised the sun was setting on the Third Industrial Revolution, others are proclaiming the start of the Fourth Industrial Revolution. What is going to fuel this Fourth Industrial Revolution? According to many, while the First Industrial Revolution was steam-powered, it is argued that the Fourth Industrial Revolution will be driven by blockchain.

  • Talk (Talk) is not cheap - record fine for data breach

    06 October 2016

    Speak of making an entrance. Within a few weeks of her new appointment as the new UK Information Commissioner, Elizabeth Denham has issued TalkTalk with a £400,000 monetary penalty notice, the biggest fine yet awarded by the ICO.

  • Shared parental leave and sex discrimination

    06 October 2016

    The first case about the amounts paid to men and women on shared parental leave has been decided by an Employment Tribunal in Glasgow.

  • Retail therapy: Commission publishes preliminary report on the e-commerce sector

    19 September 2016

    The European Commission has released its long-anticipated preliminary report as part of the inquiry into e-commerce launched in May 2015. The report will be of interest to any businesses involved in e-commerce, and particularly those involved in online retail and distribution of digital content. This note focuses on the implications for those involved in the manufacture, distribution and retail of consumer goods.

  • Naughty pics and controversial clicks - new guidance on hyperlinks to third party content

    09 September 2016

    The Court of Justice of the European Union yesterday released its judgment in GS Media v Sanoma, which is the latest in a series of judgments on the legality of posting links to third party content on the internet.

  • Baby steps…or a step too far?

    08 September 2016

    The Women & Equalities Committee recently published its inquiry findings on workplace pregnancy and maternity discrimination. This inquiry was launched after research last year by Department for Business, Innovation & Skills and the Equality and Human Rights Commission found that discrimination towards pregnant women and new mothers had doubled since similar research was carried out in 2005.

  • Immigration programmes for low-skilled labour: alternatives to freedom of movement

    08 September 2016

    The UK relies on EU migrants for low-skilled labour. When the current immigration system was introduced in 2008, Tier 3 of the UK Points-Based System was earmarked for low-skilled immigration routes.

  • The implications for data protection law in the UK and GDPR compliance plans in the eye of the Brexit Storm

    07 September 2016

    On the 4th May 2016, a fundamental milestone in the history of EU Data protection law was reached with the adoption of the EU General Data Protection Regulation (“GDPR”) achieving harmonisation of the rules across the EU after four years of hard-fought negotiations.

  • Treat your (small) customer fairly or pay the price of more legislation?

    01 September 2016

    Economic times are still pretty tough and likely to get tougher for small businesses up and down the country.

  • Sherlock Holmes and the case of the vanishing director

    30 August 2016

    Any good director knows that they have a duty to act in accordance with the company's articles of association. These dictate how directors should be appointed and removed, how shares are transferred and how key decisions should be made. Yet real life isn’t always that neat in practice. So what happens if a company discovers that it has invalidly appointed directors over the past twelve years? A recent judgment tells us that company articles can be amended by conduct – but warns that your articles can still come back to bite you in the end.

  • Shiny talent, shady dealing: the case of Mauro Milanese v Leyton Orient Football Club

    24 August 2016

    The fallout from senior level football terminations rarely extends to a trial in the High Court. Most disputes are settled or go to arbitration, which is a private process. Leyton Orient’s sacking of its Director of Football Mauro Milanese, however, prompted Milanese to sue the club for wrongful dismissal, and the case went to trial in March 2016. Judgment was given in May 2016.

  • Calculating holiday pay new ET decision on voluntary overtime

    23 August 2016

    Last year, we reported on a decision of the Northern Ireland Court of Appeal that voluntary overtime might have to be included in the calculation of statutory holiday pay if it was a sufficiently permanent feature of remuneration.

  • The London Olympic legacy dream was real – but four years on, is it still alive?

    18 August 2016

    As we find ourselves enjoying both the carnival-style spectacle of Rio 2016 and the success of the British athletes at the Games, the build-up felt somewhat tainted by the media frenzy surrounding the clear health risks faced by the athletes and visitors (and the wider global community), the Russian doping scandal and the ongoing protesting on the streets of Rio.

  • IPO waves through “should’ve” trade mark application

    17 August 2016

    In a trade mark application that will raise a few bespectacled eyebrows, Specsavers has successfully managed get its application to register “should’ve” (as in, “should’ve gone to Specsavers”) past the examination stage at the UK’s Intellectual Property Office.

  • Tax treatment of termination payments - the sting in the tail

    16 August 2016

    In 2015, the Government launched a consultation to simplify the tax and national insurance (“NI”) treatment of termination payments. As previously reported, following that consultation the Government announced that it proposed to amend the rules with effect from 6 April 2018.

  • Gender pay gap reporting - regulations delayed

    16 August 2016

    There is to be a delay in publication of the final regulations on gender pay gap reporting, it has been confirmed by the Government Equalities Office (“GEO”).

  • Without prejudice privilege: not a cloak for improper threats

    16 August 2016

    Without prejudice privilege (“WP privilege”) allows parties to a dispute to try to settle their differences without their discussions being revealed to the court, and potentially to the public.

  • Just a bit of banter - or endemic sexual harassment?

    12 August 2016

    More than 52% of women surveyed said they had been sexually harassed at work, according to a new report by the Trades Union Congress in conjunction with the Everyday Sexism Project. Perhaps even more surprising than that headline figure is the fact that 79% of the women who said that they had experienced harassment did not inform their employer

  • Brexit - Some thoughts on the impact on financial services

    05 August 2016

    On 23 June 2016, 52% of voters in the UK referendum voted ‘Yes’ to the proposition that the UK should ‘leave the European Union’. The UK remains a member of the European Union (“EU”) until Brexit occurs, and therefore there will be no immediate change to the legal relationship the UK has with the EU and with individual EU Member States. Nonetheless, as the other articles in this briefing section indicate, the longer-term consequences of leaving the EU are potentially far reaching, although behind the already well-worn cliché of “Brexit means Brexit” lie many possibilities for the future relationship of the UK with the EU.

  • Engineered for success or running out of fuel Immigration and the automotive industry

    03 August 2016

    The manufacture of cars and commercial vehicles has increased enormously – more than 25% in the last 10 years. In the UK, car production has increased by over 5% between 2014 and 2015.

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