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Introductory guide to data sharing
11 April 2017Most organisations carry out some form of data sharing, whether it be data sharing between organisations within the group or with external third parties. However, if the data being shared by an organisation is “personal data”, additional steps need to be taken to ensure the sharing of such personal data is lawful.
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Supreme Court clarifies indirect discrimination test
11 April 2017The Supreme Court has given a clear explanation of how the test for indirect discrimination works, looking in particular at whether it is necessary to know why a group is disadvantaged by an employer’s policy.
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Introductory guide to using data to market to customers
11 April 2017The development of new technologies has significantly enhanced the ability of organisations to collect and process information about individuals, often with wide-reaching benefits. From a marketing perspective, it is now far easier to know more about your customers. This has also highlighted the importance of safeguards being put in place, particularly given concerns about that information being used in unwarranted and intrusive ways.
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Marathon Asset misses the jackpot again
12 April 2017After being awarded only £2 in nominal damages in its breach of confidence case, Marathon Asset has been heavily penalised on costs after failing to accept the defendants’ Part 36 offer.
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Proposed disclosure rules for non-UK entities owning property or bidding for Government contracts
12 April 2017The UK Government proposes new rules requiring non-UK entities that already own, or intend to acquire, UK real estate, or that wish to bid for UK central Government contracts, to be required to disclose information about the beneficial owners of the entity.
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Preparing to issue proceedings
26 April 2017This note provides general guidance on the steps to consider prior to embarking on litigation. There are a number of practical considerations that should be taken into account. The civil justice system in England expects parties to take a certain number of steps before issuing proceedings. This guide runs through these matters in outline.
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Helping to shape the Global Driverless Revolution
03 May 2017In this article, we look at the road ahead for autonomous vehicles.
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Another purple patch for Trade Marks refused
12 May 2017In Glaxo v Sandoz the Court of Appeal has confirmed the invalidity of a trade mark for two shades of the colour purple relating to asthma inhalers.
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Tribunal finds father entitled to full pay for shared parental leave
14 June 2017An Employment Tribunal has decided that it was direct sex discrimination not to pay full salary to a father taking shared parental leave, in circumstances where a mother taking maternity leave during the same period would have received full pay.
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Competition watchdog turns the spotlight on to eCommerce
15 June 2017We have written an article for Essential Retail which takes a look at the European Commission’s report on competition in eCommerce.
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Home Office has released statistics on illegal working penalties for the UK
19 June 2017The Home Office has released statistics on illegal working penalties totals for the UK from 1 October and 31 December 2016. 703 penalties were issued with total value of £11,595,000 (this value may be reduced through objections and appeals).
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Putting a squeeze on patent licences
20 June 2017The recent case of Chugai Pharmaceutical Co Ltd v UCB Pharma SA & Celltech R&D Ltd [2017] EWHC 216 (Pat)
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Servicing trade mark infringement
22 June 2017The use of a third party trade mark to provide information or describe a service being offered does not necessarily constitute trade mark infringement. Where the use of a trademark goes beyond that and creates an impression in the average consumer that the particular serviced is authorised by the trade mark owner, this will constitute an infringement.
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Validly serving a Statutory Demand is a prerequisite for presenting a Bankruptcy Petition
22 June 2017The court has stressed the importance of validly serving a Statutory Demand before presenting a Bankruptcy Petition. The creditor must do all that is reasonably required to bring the service of the Statutory Demand to the attention of the debtor. Without effectively serving a Statutory Demand on the debtor, presenting a valid Bankruptcy Petition is impossible.
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Australia - Work and Holiday visas and new six-year multiple-entry visas available for Singaporeans
27 June 2017Following the recent summit held in Singapore, it was announced that two new visa measures will come into place. These are the availability for Singaporeans to apply for Australia’s Work and Holiday Visa programme and the new six-year multiple-entry visa for business and tourism in 1 August 2017 and 1 January 2018 respectively.
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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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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.