Insights & News
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CDM 2015: Who is the Principal Designer?
01 August 2017By now, everyone is familiar with The Construction (Design and Management) Regulations 2015 (“Regulations”). However, there still seems to be confusion as to who should fulfil the role of the Principal Designer (“PD”).
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Supporting employees through Brexit
31 July 2017Many UK employers are struggling to understand the potential effects of Brexit on employees who are EEA nationals or family members of EEA nationals.
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Call for the Big Brexit MAC report… finally
28 July 2017The Migration Advisory Committee (“MAC”) have now been commissioned to produce evidence that will inform a new immigration system post-Brexit.
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Tech solution providers Getting Data Protection Ready
27 July 2017The General Data Protection Regulation (“GDPR”), takes effect from 25 May 2018, and brings about important privacy changes that will impact most businesses, particularly providers of technology, telecoms and data related platforms, solutions and services.
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FCA launches consultation on the extension of the Senior Managers and Certification Regime
26 July 2017On 26 July 2017, the FCA outlined its proposals for the extension of the Senior Managers and Certification Regime. The FCA intends that these rules, which came into force on 7 March 2016, be extended to all sectors within the financial services industry and that they will essentially replace the Approved Persons Regime. Though an implementation date will be set by the Treasury, the FCA expects this to be from 2018.
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Employment Tribunal fees ruled unlawful by Supreme Court
26 July 2017The Supreme Court (“SC”) has unanimously ruled that the legislation requiring fees to be paid for bringing Employment Tribunal (“ET”) claims is unlawful and should be quashed. In one of the most remarkable employment law judgments of recent times, the SC held that ET fees interfere unjustifiably with the right of access to justice and discriminate unlawfully against women.
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European Medicines Agency produces Q&A document on impact of Brexit for MA holders
24 July 2017As the UK prepares to leave the EU, the holders of marketing authorisations for human or veterinary centrally approved need to ensure that that they take appropriate steps to ensure that they comply with the establishment requirements in the EU/EEA.
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Ask About … Retail Fashion & Hospitality
19 July 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 Poppy and Naomi...
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Whistleblowing public interest test considered by Court of Appeal
13 July 2017The Court of Appeal (“CA”) has considered the meaning of the “public interest” in whistleblowing cases. Disclosures which only affect a group of individuals within one employer can be in the public interest, but in most cases additional factors will also be needed.
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Squeezed out of validity and into the jurisdiction
13 July 2017UCB licensed Chugai rights to its tocilizumab patents. The licence contained an exclusive jurisdiction clause in favour of the English courts. Only one US patent remained in force. Chugai wanted a declaration that its tocilizumab products (sold only in the US) fell outside of the scope of the last patent and accordingly no royalty payments were due under the licence.
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Supreme Court upholds right to equal pension for same-sex partner
13 July 2017The Supreme Court (“SC”) has made an important ruling in a case brought by a gay man seeking to establish that, if he died, his husband should be entitled to the same survivor’s pension as a wife in a heterosexual marriage would receive. The Court ruled that an exemption in the Equality Act 2010 (“EqA”), allowing employers to exclude civil partners from pension benefits accruing before December 2005, was incompatible with EU law and should be disapplied.
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Sandoz & Hexal v Searle & Janssen Sciences Ireland: What is the formula for patent extensions?
13 July 2017The UK High Court has held that a pharmaceutical product claimed only within a Markush formula and not expressly referred to in the patent was protected by the patent for the purposes of obtaining a Supplementary Protection Certificate (SPC).
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UPC – UK moves forward whilst Germany stalls
13 July 2017The Unified Patent Court (UPC) is intended to provide a regional forum resolve patent disputes. UPC decisions will have effect in all 25 states participating in the UPC, providing a single forum to resolve disputes.
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People with Significant Control - AIM Companies brought within the PSC regime
12 July 2017UK companies listed on AIM were previously exempt from the obligation to keep a register of people with significant control (PSCs), but recent changes mean they will have to have a register from 24 July 2017 onwards.
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It’s not just about Getting(G) Data(D) Protection(P) Ready(R): some digital businesses and infrastructure providers shouldn’t forget to be ‘NIS’
11 July 2017May 2018 is a month which will already be highlighted in the calendars of those responsible for their organisations’ compliance with the General Data Protection Regulation (GDPR). It’s now under a year away. But for some digital businesses and infrastructure providers, when it comes to security risk management and reporting obligations, the GDPR isn’t the whole story.
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The future of employment law – Taylor-ed to fit?
11 July 2017The Review of Employment Practices in the Modern Economy, commissioned by the prime minister last October and chaired by Matthew Taylor, has produced its long awaited report.
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The Gambling Commission serve some stark warnings to operators
10 July 2017The Gambling Commission has slapped its first advertising-related fine against an online gambling operator for advertising that was deemed to fall foul of social responsibility rules and come to a settlement with another operator.
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The ICO cracking down on the use of personal data to promote online gambling
10 July 2017The ICO has learned that there has been a "large numbers of spam texts linked to the gambling sector", and is therefore clamping down on how companies/affiliates use personal data to promote online gambling.
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The CMA’s fight with online gambling companies
10 July 2017The Competition and Markets Authority (CMA) is upping the ante against online gambling companies by increasing its enforcement action against those suspected of breaching consumer law. The CMA believes that often customers are not getting the deal they expected when signing up, due to misleading promotions and unfair terms within the promotion.
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Lewis Silkin attends The Law Society LGBT roundtable: Out in the open
10 July 2017Geraint Lloyd-Taylor has recently attended a discussion on diversity and equality in the legal profession, hosted by The Law Society.