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Here's why I won't be shopping at American Apparel this Christmas
20 December 2012Brinsley Dresden's analysis of American Apparel's latest print ad.
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Talking women in leadership and gender pay gaps with Dame Janet Gaymer
01 December 2016Function after form – when will Law Firms get out in front on gender issues?
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What is an independent witness?
16 June 2017If we send you a document to sign and say that you need to have someone, who is independent, “witness” your signature, there’ll be space under the section for your signature for the witness to sign and insert their contact details.
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Without prejudice privilege: not a cloak for improper threats
16 August 2016Without prejudice privilege (“WP privilege”) allows parties to a dispute to try to settle their differences without their discussions being revealed to the court, and potentially to the public.
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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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Latest Developments in the European Commission’s Draft Withdrawal Agreement – Trade Marks and Designs
22 March 2018Since the Brexit result was first announced, there has been great deal of uncertainty for the UK (and wider EU) regarding the continuity of laws, policies, regulations and practices in relation to various facets of daily life. One of the major areas of uncertainty has been the continued protection to owners of EU registered Trade Marks and Designs.
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The EU (Withdrawal) Act - what does it mean for employment law?
27 June 2018That’s it - we’re leaving. You can Remoan all you want to, but yesterday was a momentous milestone in the history of Brexit with the EU Withdrawal Bill receiving Royal Assent and becoming the European Union (Withdrawal) Act 2018.
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Uber drivers win first round in employment status dispute
31 October 2016An employment tribunal has ruled that drivers engaged by Uber are “workers”, not self-employed contractors, meaning they will be entitled to national minimum wage, paid annual leave and whistleblower protection
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Hong Kong hit by “city-wide strike” - how should employers respond?
04 August 2019A large number of employees in Hong Kong vowed to participate in a “city-wide strike” today (5 August 2019) in a further attempt to make their political demands heard. What should employers bear in mind from a legal and employee relations standpoint in considering their response?
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Pretty fly for wi-fi (Brands & IP Newsnotes - issue 3)
23 October 2016Those who provide access to free wi-fi networks will be breathing a sigh of relief after the CJEU’s judgment this September that providers of such networks can benefit from protection under the E-Commerce Directive.
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Warranty and Indemnity Insurance – the what, why and how of it?
13 June 2017Whilst the use of W&I Insurance in M&A transactions has been available for some time, its use has increased dramatically in the past few years, particularly in the technology, real estate and manufacturing sectors.
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Ethnicity pay reporting: why it's not that simple
18 October 2018The Government says it is “time to move to mandatory ethnicity pay reporting”. Last week it launched a consultation on a possible new law.
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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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Can / should someone who is not a director be invited to join a committee of the board?
13 December 2018Even if a company’s articles of association permit a committee of the board of directors of a company to comprise or include persons who are not directors, is it sensible for such a committee to be appointed? Are there benefits? This article explores this question.
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Where might the Government’s Brexit White Paper lead us?
17 July 2018Although massively contentious, the Government’s White Paper proposals on the relationship between the UK and the EU post-Brexit add some flesh to the bones of what future interrelation between the two entities might look like. What are the key points for employment lawyers?
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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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Hong Kong court confirms that a party cannot enforce a contract with a unilateral mistake which he/she knew or should have known did not reflect the other party’s intentions
17 December 2021Zhang Qiang v Cisco Systems (HK) Ltd [2021] HKCFI 694 is a case that reminds employers of the importance of putting the right figure in a settlement agreement – especially when dealing with an uncooperative employee. In this case, although ending in the employer’s victory, a typo in the settlement agreement had led to a decade-long lawsuit.
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When “logos” turn into “no-goes” (Brands & IP Newsnotes - issue 1)
27 September 2015As we move even deeper into an age of digital advertising and social media, it is becoming increasingly important for businesses to have a short hand for their brand; something which denotes the business, stands out as a guarantee of origin and makes the brand instantly recognisable. We’re talking about logos.
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When will a court override an exclusive jurisdiction clause?
30 November 2015In Jong v HSBC Private Bank (Monaco) SA [2015] EWCA Civ 1057, the Court of Appeal upheld the decision of HHJ Purle QC not to override an exclusive jurisdiction clause, setting out the factors to be balanced in the exercise of the court's discretion.
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When a loss becomes a gain: accounting for gains made when mitigating losses
01 February 2016Following a breach of contract, the innocent party is usually entitled to damages. Broadly speaking these are set at a level required to put them in the position they would have been had the contract been performed properly. However, there is no entitlement to recover for avoidable loss and so this gives rise to what is sometimes referred to as a “duty” to take all reasonable steps to mitigate one’s loss. If the steps taken increase the loss overall, the increased figure is recoverable. On the other hand, if steps taken in mitigation are successful, the wrongdoer is entitled to the benefit accruing and their liability is for the resulting loss as lessened. But what happens when the claimant’s steps to mitigate are so effective that he makes a profit, wiping out any loss arising from the breach?