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Adjudication
01 March 2017Adjudication is a mandatory procedure for determining disputes, and was introduced in the construction industry by the Housing Grants, Construction & Regeneration Act 1996 (the “Construction Act”).
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Getting out of a contract FAQs
26 July 2009In order to obtain value for money, it is not unusual for commercial contracts to be entered into for a long period of time. Often well over a year. It is not surprising that over the life of the contract, the economic climate may change.
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Guernsey Image Rights
26 September 2013Famous sportspeople, entertainers The Bailiwick of Guernsey, the small British Crown dependency in the English Channel known as an offshore tax haven, has achieved a ‘world first’ by establishing a unique registered image rights regime.
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Les statuts d une societe anglais
26 March 2015Que vous soyez dirigeant français d’une société anglaise à responsabilité limitée (« limited ») récemment achetée, investisseur intéressé par une prise de participation majoritaire dans une limited ou tout simplement une société française actionnaire majoritaire d’une limited, cet article est fait pour vous ! Il vous permettra de comprendre comment fonctionnent les statuts ou « articles of association » d’une limited, comment les lire et les écueils à éviter…
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Protecting your reputation via your legal and regulatory rights
05 April 2015“The exercise of restraint over the media by means of the threat and/or use of all available legal and regulatory mechanisms” - The deinition of Meda Management
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How to Protect your Format
26 April 2015This paper is based on that extensive experience, and sets out a number of practical steps that you can take to make the protection of television formats easier for those that have invested substantial time and money in their creation.
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The Bribery Act 2010 and its impact on the advertising industry
26 April 2015It has been called the ‘toughest bribery legislation in the world’ and has been rumoured to spell the end for corporate hospitality, media rebates and the client lunch, but what are the real implications of the Bribery Act 2010 for the advertising industry?
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The Law of Privacy
07 June 2015The protection of privacy which embodies our law of confidentiality has become increasingly important. Together with the law of defamation, privacy and confidentiality are vital rights for individuals and corporations, especially when well known figures and celebrities attract so much attention.
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Remuneration in financial services - new rules on deferral and clawback
29 June 2015New rules on deferral and clawback of variable remuneration are set out in a joint policy statement issued by the Prudential Regulation Authority (“PRA”) and the Financial Conduct Authority (“FCA”). They will apply to variable remuneration awarded for performance periods beginning on or after 1 January 2016.
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Community Infrastructure Levy
26 August 2015The Community Infrastructure Levy (“CIL”) is a discretionary planning charge which was introduced in 2010 through the Community Infrastructure Levy Regulations 2010.
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Framework Agreements
26 August 2015Framework agreements offer a potential solution as contracting authorities attempt to minimise the impact of the Public Contract Regulations 2006 on their business.
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New protections for workers on zero-hours contracts
17 November 2015Earlier this year, we reported on the Government’s ban on the use of exclusivity clauses in “zero-hours contracts”. The ban, which came into force in May, renders unenforceable a contractual provision which prohibits an individual working under a zero-hours contract from working elsewhere. The Government has recently proposed new legislation designed to add teeth to the ban, giving employees and workers the right to bring a tribunal claim if they are penalised for working elsewhere.
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No duty of loyalty owed by directors to shareholders
26 November 2015On 12 November 2015, in Sharp & Others v Blank & Others [2015] EWHC 3220 (Ch), Mr Justice Nugee handed down his latest judgment in litigation between the directors and shareholders of Lloyds Bank. His decision is of interest to directors and shareholders alike. It re-affirms the scope of duties owed by directors to shareholders, as well as the approach to be adopted when assessing them.
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Court of Appeal has no appetite for salami slicing
25 January 2016Without prejudice privilege is founded upon public policy. It serves to encourage litigants to settle their differences. Its effect is to exclude all negotiations genuinely aimed at settlement (whether oral or in writing) from being referred to at trial. Solicitors will often head negotiating correspondence “without prejudice” yet protection is not dependent upon use of the label. It is often misused and arises automatically in appropriate circumstances. So what happens when no label is used and attendees of a meeting later disagree as to its status?
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UK Trade Marks
17 February 2016A trade mark registration for a business, brand or product name, a logo, slogan or other trade mark provides a business with the most effective form of protection against a competitor making improper use of its trade mark. Whilst a trade mark might be capable of being protected through other areas of the law, such as passing off, copyright or design right, registering a trade mark has a number of important benefits.
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Trade Mark Watch Services
21 February 2016There is a temptation for trade mark owners to breathe a sigh of relief as they eventually file their trade mark applications. It is often the culmination of months of work searching for any prior rights and perhaps investigating, negotiating, cancelling or acquiring such rights. It is an end, but only to the beginning of a brand’s lifecycle. Once the application is filed, this is when the brand protection programme begins in earnest.
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Trade Mark and Design Searches
21 February 2016Whenever a new launch is proposed, whether it is for a product, brand, business name or an advertising campaign, there is always a risk that someone else is already using an identical or a similar name or design. If so, then that party may be entitled to obtain an immediate injunction from the court to prevent the launch and obtain damages for trade mark, design right or copyright infringement and/or passing off.