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Secure future: Good news for tenants in relation to their retail premises
29 April 2019Whilst recent years has seen a trend for retailers to shift from a store-based past to a digital future, for many retailers having a high street presence remains an important part of their brand. Indeed for some retailers, (particularly high end fashion labels) it is critical for their flagship store to be seen to be in a prime location to contribute to the luxury image associated with their brand and they will often pay substantial premiums to ensure they secure a lease of a prime site. Further significant sums will subsequently be spent on the shop fit-out.
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The impact of protestors on retailers and how to deal with them
12 April 2019Everyone has the right to hold opinions and impart information and ideas including by peaceful assembly and association with others. These are ‘human rights’ which we all enjoy and which protect the right to protest and which may not be interfered with by a public authority. However, whilst the right to protest is enshrined in law, any protest must be lawful and balanced with the rights of others, including those at whom the protest is directed.
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Technology, Customer Authentication and PSD2: payment service providers (and retailers) - are you ready?
25 March 2019Apparently, we will, globally, spend some $4.9 trillion in e-Commerce transactions by 2021. Smartphones generated over 42% of eCommerce revenues in 2018 and there has been a ten-fold increase in biometric smartphones in the last two years. However, against the backdrop of our increasing transactional reliance on smartphones and other mobile devices, e-Commerce fraud increased by 33% in 2016. This put pressure on the EU to keep up with the way in which we shop and to enhance consumer protection by reducing the potential for fraud.
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Is logistics really set to become the New Retail?
13 March 2019The term ‘urban logistics’ is certainly on trend in the property market and in an effort to keep pace with the demands of the modern consumer, retailers are increasingly targeting urban industrial units to help tackle a key part of the supply chain; the last mile. The challenges of the high street are well documented and the fragile retail market has forced many retailers to re-assess all aspects of their business model. With traditional store retailers needing more space to help service on-line orders and e-tailers needing to scale up their infrastructure network to support their growth, achieving a flexible and agile supply chain to meet these demands is certainly a topic that should be at the top of any retailers to do list.
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Supreme Court introduces new test for assessing a landlord’s intention to redevelop
13 March 2019The Supreme Court recently handed down its judgment in the case of S Frances Ltd v The Cavendish Hotel (London) Limited. The decision marks a dramatic departure from the previously settled position regarding the proper test to be applied when establishing whether a landlord has the necessary intention to redevelop under ground (f) of the Landlord and Tenant Act 1954. Introducing a new element to the test, a landlord must now be able to demonstrate, in addition to it having a settled intention to carry out the works, that it would do those same works even if the tenant left voluntarily.
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Tech Predictions for 2019
11 January 2019Following on from our 2018 Tech Predictions, here are our top ten favourite tech predictions for 2019. Just imagine a world where new technology not only makes us more efficient but improves our lives in other ways - let’s see what 2019 might hold in store!
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How should hospitality employers deal with third-party harassment at Christmas parties?
17 December 2018“Christmas time is here by golly; disapproval would be folly; Deck the halls with hunks of holly, fill the cup and don’t say when”, as the legendary American satirist Tom Lehrer once sang. But Christmas party season can be a mixed blessing. The day after the office party, you will find many HR managers bracing themselves to hear what happened the night before…
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Ask about… Retail, Fashion & Hospitality
13 December 2018Many of our clients in the retail, fashion and hospitality sector face similar HR issues. Each month one of the members of our team will identify an issue, ask how you would deal with it and provide our advice. This month we asked Anna...
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Ask About… Retail, Fashion and Hospitality
16 November 2018Many of our clients in the retail, fashion and hospitality sector face similar HR issues. Each month one of the members of our team will identify an issue, ask how you would deal with it and provide our advice. This month we asked Lucy...
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Out of court appointments of administrators: a return to reason
13 November 2018When appointing administrators out of court, there is requirement to specify the date and time the appointment is made. This is a development arising since April 2017 as a result of the Insolvency Rules 2016 coming into force. Given that appointments are generally effective at the point of filing, it has been unclear how (absent a crystal ball) practitioners should address the requirement when preparing the Notice of Appointment form. A recent High Court decision resolves the issue, confirming that a notice making reference to a future filing is acceptable.
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Data breaches under the GDPR - will the sky come crashing down on British Airways?
11 September 2018Between 21 August and 5 September, British Airways (“BA”) suffered a data breach - in essence, its systems were “hacked”. This has affected the personal data of around 380,000 individuals. Following an announcement through BA’s Twitter account, the story was quickly picked up by mainstream media outlets, demonstrating the significant publicity that such events can generate in a short space of time.
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Ask About...Retail, Fashion and Hospitality
19 June 2018Many of our clients in the retail, fashion and hospitality sector face similar HR issues. Each month one of the members of our team will identify an issue, ask how you would deal with it and provide our advice. This month we asked Laura...
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Ask About...Retail, Fashion and Hospitality
01 May 2018Many of our clients in the retail, fashion and hospitality sector face similar HR issues. Each month one of the members of our team will identify an issue, ask how you would deal with it and provide our advice. This month we asked Emma...
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Ask About… Retail, Fashion and Hospitality
27 February 2018Many of our clients in the retail, fashion and hospitality sector face similar HR issues. Each month one of the members of our team will identify an issue, ask how you would deal with it and provide our advice. This month we asked Tom...
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Keeping the luxury in brands?
22 February 2018In Coty v Parfumerie Akzente (Case C-230/16) the CJEU has stated that luxury brand owners, can, in certain circumstances prohibit reselling of their products through some internet platforms
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Say farewell to credit and debit card surcharges
17 January 2018On 13 January 2018, new rules came into force in the UK which mean that, for most retail payments, traders can no longer charge a fee in addition to the advertised price of a transaction on the basis of a consumer’s choice of payment means (for example, credit card, debit card or e-money).
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Tech Predictions for 2018
08 January 2018Following on from our 2017 Tech Predictions (link below), here are our top ten favourite tech predictions for 2018. It’s set to be another exciting year as the use of technology becomes ever more pervading, influential and business critical.
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Ask About... Retail, Fashion & Hospitality
12 December 2017Many of our clients in the retail, fashion and hospitality sector face similar HR issues. Each month one of the members of our team will identify an issue, ask how you would deal with it and provide our advice. This month we asked Laura...
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Morrisons held vicariously liable for employee data leak
04 December 2017The High Court has found Morrisons to be vicariously liable for the actions of a rogue employee who intentionally disclosed the personal details of over 100,000 staff at Morrisons. The judgment will be of interest to data controllers and to customers and employees whose personal data is compromised by data breaches. It is the first group litigation in respect of a data breach to be decided by the English courts.
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Brands and IP newsnotes - issue 6
12 October 2017Welcome to the 6th edition of our Brands & IP newsnotes put together to bring you the latest, and most interesting legal developments affecting intellectual property law. In this issue we cover; battlegrounds on Amazon listings, whether prestigious brands can prevent their resellers from selling online, the EU's position paper on IP rights, an quick guide on rights for designs, and trade mark infringements.