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Construction Law Update – Fighting back against “Smash and Grab” Adjudications
21 May 2018The case of Grove Developments Ltd v S&T (UK) Ltd (February 2018) is worthy of note, not least because it potentially provides employers with a quick means of reclaiming the loss suffered, following a “smash and grab” adjudication by starting its own adjudication on the true value.
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Dispute Resolution Update - May 2018
24 May 2018Welcome to the May 2018 Dispute Resolution Update which brings you news and our views on law and practice for dispute resolution. We’ve included articles on domestic disputes and international disputes, including summaries of recent cases. We have also included client guides on key aspects of dispute resolution.
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Corporate Update – June 2018
04 July 2018Welcome to our June 2018 Corporate Update which brings you news and our views on law and practice for corporates and their owners and managers.
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UK proceeding with UPC (Brands & IP Newsnotes - issue 4)
07 February 2017The UK government announced that it will proceed with the Unitary Patent and the Unitary Patent Court (“UPC”). This ends months of speculation in the patent community as to what would happen afterthe Brexit vote last June. The UK was a mandatory signatory to the UPC Agreement and there had been concern that the project would stall in light of the UK’s European exit. Only Germany is left to ratify the Agreement and it is expected that the UPC will open in December this year.
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To UPC or not UPC – implementation of Unified Patent Court delayed (Brands & IP Newsnotes - issue 5)
23 June 2017The Unified Patent Court (UPC) is intended to provide a regional forum resolve patent disputes. At the moment, parties have to litigate patent disputes on a country by country basis across Europe, which is time-consuming, expensive and can lead to differing decisions in some countries. UPC decisions will have effect in all 25 states participating in the UPC, providing a single forum to resolve these disputes.
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Play those bars again and end up behind… bars (Brands & IP Newsnotes - Issue 2)
28 March 2016The High Court has handed down a custodial sentence of 28 days for breach of an injunction against copyright infringement, albeit suspended for a period of 18 months. Two points rang out.
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Coty: Keeping up appearances (Brands & IP Newsnotes - issue 6)
12 October 2017Can a prestigious brand prevent its resellers from selling online? The question was answered firmly in the negative by the European Court of Justice in 2011. In that case, the court said that the French pharmaceutical and cosmetic brand Pierre Fabre could not impose an outright ban on their resellers from selling online.
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Setting up in Ireland?
28 March 2018Here’s what you need to know about the six key differences between employment law in Ireland and the US
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Time’s up for Smartwatch appeal (Brands & IP Newsnotes - issue 7)
23 April 2018The CJEU has dismissed an appeal against a decision not to invalidate a smartwatch design held by Nike, ruling that “pioneering” designs do not attract greater protection.
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Unsafe property causes death, but still no claim allowed
02 November 2017A man visits a friend at his flat, falls down the stairs of the building (which are unsafe) and is killed. You would expect his widow would be able to sue the owner of the building in respect of her loss wouldn’t you?
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Unregistered designs: Open and shut case (Brands & IP Newsnotes - issue 4)
08 February 2017In a recent case, Action Storage (a producer of lockers, such as the ones installed in schools) sued G-Force (another producer of lockers) for infringing its design rights in producing a similar product.
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Employment Appeal Tribunal confirms that an employer’s attempt to bypass collective bargaining was unlawful
10 January 2018A recent decision of the Employment Appeal Tribunal (“EAT”) has confirmed that offers made directly by an employer to its employees risk amounting to unlawful attempts to bypass collective bargaining contrary to s145B of the Trade Union and Labour Relations (Consolidation) Act 1992. This was a costly exercise for the employer as they were ordered to pay penalties of more than £400,000.
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Deliveroo defends union recognition application by demonstrating its riders are genuinely self-employed
15 November 2017The Central Arbitration Committee (“CAC”) has rejected an application from the Independent Workers’ Union of Great Britain (“IWGB”) for collective bargaining rights in respect of Deliveroo riders, in a case in which Lewis Silkin acted for Deliveroo.
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Trade union’s Deliveroo judicial review challenge fails
05 December 2018The High Court (“HC”) has dismissed a judicial review challenge to a finding by the Central Arbitration Committee (“CAC”) that Deliveroo riders are not “workers”. The HC ruled that the riders are not in an “employment relationship” for the purposes of European law.
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The Hong Kong Court of Appeal affirms employees’ unfettered statutory rights to be paid their entitlements
26 August 2020In this Court of Appeal case of Xu Yi Jun v GF Capital (Hong Kong) Limited (CACV 502 & 577 / 2019), the Court considered whether an employer can withhold a bonus payment after the payment due date for reasons of alleged gross misconduct that had occurred prior to, and whether an employer can offset its unliquidated claim for damages against the bonus in legal proceedings.
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How to divorce the EU, in three uneasy steps
05 May 2017The European Council published its official guidelines for Brexit negotiations on 29 April 2017. Lewis Silkin reported on EU Council President Donald Tusk’s circulation of negotiation guidelines to EU leaders at the end of March 2017, and the newly published guidelines are consistent with the earlier version.
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Sexual portrayal of under-18s in ads
18 January 2017Following a number of adjudications in recent years concerning the sexualised portrayal of children and young people, as well as the publication of various reports calling for action to stop the premature sexualisation of children, the Committee of Advertising Practice (CAP) has launched a consultation on the proposed introduction of new rules in the UK advertising codes prohibiting the sexual portrayal of under 18s in advertising. The consultation is open for response until 5pm 19 January 2017.
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There's something under my bed...
19 January 2017Three companies that supply drawer parts to bed and other furniture retailers have admitted breaching competition law by sharing commercially sensitive information, agreeing not to undercut each other and sharing out their customers. One of the companies avoided paying a fine under the CMA’s leniency policy, but the other two companies have agreed to pay fines totalling £2.8 million.
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International data transfers - are model clauses now under threat?
05 October 2017Many of you will remember Max Schrems, the Austrian law student who in 2015 successfully brought a case to the European Court of Justice (“ECJ”) that resulted in the “safe harbor” - the agreement that allowed the transfer of EU citizens’ data to the US - being declared invalid.
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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.