As we embark upon the season of goodwill, those wishing to embrace the Christmas cheer may wish to consider settlement of an ongoing commercial dispute bringing peace and goodwill to all - besides saving their business time and money in the process.Should you settle? Parties settle disputes for a variety of reasons ...
There has been a further decision considering the effectiveness of arrangements entered into by property owners for the purposes of mitigating the effect of the rates charged on empty properties. In an earlier article on Landlords' relief over empty rates ruling, we commented on the High Court decision of Makro Property Limited v Nuneaton Borough Council concerning the availability of empty rates relief ...
Landlords and tenants have a love/hate relationship with the principle laid down in O'May v City of London Real Property Co Ltd. On renewal under the Landlord and Tenant Act 1954 the terms of the new lease will generally follow the terms of the existing one and the onus is on the party proposing a change to show that it is fair and reasonable ...
According to a recent article by Shoosmiths, the cloud software market generated $22 billion in revenue in 2011, and expects growth to $67.3 billion by 2016 Alongside the benefit of cloud computing, however, lies a lack of transparency for cloud customers, causing legitimate concerns about how they can comply with the Data Protection Act 1998 (DPA) ...
What's all this about penguins, pandas and search engine optimisation? Optimising websites to rank highly in Google search results is a lucrative industry. For years, businesses have employed search engine optimisation (SEO) providers to boost rankings ...
On 18 October the Department for Business, Innovation & Skills (BIS) released a set of draft regulations designed to reduce the complexity involved in narrative reporting for large British companies and increase transparency. Changes will take effect from October next year, meaning quoted companies with reporting years ending on or after 1 November 2013 will need to change the form and content of their reports ...
The risks to employers of proceeding with construction works whilst relying solely on letters of intent are nothing new. The risks to employers of proceeding with constructions works whilst relying solely on letters of intent are nothing new ...
The use of social media is now a fact of life, but many employers are struggling to keep up with the consequences of rapid technological change.Technology develops fast: it is hard to believe that Twitter has only been with us since 2006. The law moves more slowly and regulating new employee behaviours within the existing legal framework can be a challenge ...
In an increasingly online world, international businesses can no longer rely on discrete legal advice relevant to only one jurisdiction. It is crucial to know where best to bring (or threaten) legal proceedings to achieve maximum impact globally. Two recent, high profile cases have thrown the spotlight on what can be achieved by courts of different jurisdictions to defend online reputations ...
The General Medical Council has issued definitive guidance on doctors' duties when they fear a child in their care is suffering from abuse. The GMC's 2012 Guidance on Child Protection came into effect on 3 September 2012 after a two-year working group - chaired by a senior family court Judge, the Right Honourable Lord Justice Thorpe - listened to evidence given by child protection experts ...
The High Court has held that a tenant's short-term storage of documents using just 0.2% of a warehouse's floor space enabled the owner to successfully claim a period of rates relief once the property became vacant again. Under current legislation empty retail property enjoys 100% rates relief for a three month continuous period. Industrial and warehouse property enjoys the same relief for a six month continuous period ...
The papers are reporting that Northhampton rugby player, Brett Sharman, is subject to a disciplinary enquiry from his racist tweet abou Mo Farah ...
Lionsteel Limited has been fined £480,000 and ordered to pay £84,000 costs by HHJ Gilbart at Manchester Crown Court after pleading guilty to a single charge of corporate manslaughter during trial.The case relates to the death of employee Stephen Berry, who died from injuries sustained following a fall from height at Lionsteel's premises in Hyde, in 2008. The guilty plea was agreed by all parties at trial in June 2012, following the conclusion of the prosecution case ...
The usual restrictions on Sunday trading hours have been suspended during the London 2012 Olympic and Paralympic Games ...
Creators of software programs may not be able to prevent the resale of 'used' copies of software programs legitimately paid for and downloaded by their own customers from the internet.It follows a recent Opinion from Advocate General Yves Bot, a legal adviser to the European Court of Justice (ECJ), in Axel W. Bierbach (liquidator of UsedSoft GmbH) v Oracle International Corp ...
Employers preparing for the phasing in of the new pensions auto-enrolment regime should not overlook their data protection obligationsBackground: the new pension regimeFrom October 2012 a new pensions regime will start to be phased in which will eventually require all employers in the UK to automatically enrol eligible staff into some sort of pension scheme and, importantly, for the first time, to pay minimum contributions ...
With the Information Commissioner's Office (ICO) grace period for enforcing the new cookies rules almost at an end, companies should work with their website developers at an early stage to ensure compliance. The ICO will soon be confirming that its 12 month ‘lead in’ implementation period has come to an end. Website operators then run the risk of enforcement action and fines if they fail to comply with the new cookies regime ...
The Olympic Games is a huge "brand", commanding global media attention; for adertisers, it represents a golden opportunity for a marketing boost. However, it is also one of the most fiercely protected brands in the world, with complex legal protection ...
A trubunal has ruled that an employee was fairly dismissed for makng vulgar comment to female colleague on his facebook page while at home. A recent decision from a tribunal in Northern Ireland held that an employee was fairly dismissed because comments which he posted on his Facebook page amounted to harassment of a female colleague and was in breach of the employer’s Dignity at Work Policy ...
Today, Google have made the very interesting (but arguably provocative) move of completely rejecting the French data protection regulator's request to put a hold on the implementation of proposed changes to its privacy policies. In doing so it has become the subject of a Europe-wide investigation. What has changed? Up until today, the information collected by Google on each of its platforms, such as Gmail and YouTube, was kept separate ...
Government guidance that suggests parent companies are unlikely to be snared by anti-bribery legislation that catches a subsidiary could lull businesses into a false sense of security. While it is unlikely that a subsidiary or joint venture partner operating independently and caught by the Bribery Act would make its parent liable, there is other legislation ready to catch the owner ...
Super injunctions and online libel revisited--Injunctions are ‘pointless’, ‘unbelievably expensive’ and counterproductive because ‘there’s an assumption of guilt about which you can do nothing...’ These are just some of the frustrated words of Top Gear presenter Jeremy Clarkson when he abandoned his super injunction (obtained in September 2010 to silence rumours he had an affair with ex-wife Alexandra Hall, whilst married to current wife Frances) on 26 October 2011 ...
The Bribery Act 2010 came into force on 1st July 2011, which sets out four new bribery offences which can be committed by corporations and individuals. The Act assumes wide territorial jurisdiction and imposes severe sanctions. The Act is not retrospective. A bribe is defined as “a financial or other advantage”. All the old UK law, both common law and statute, is to be replaced by this legislation ...
On 1 October 2011 changes to the Housing Grants, Construction and Regeneration Act 1996 will come into force. The changes will apply to any construction contract entered into on or after that date. Construction contracts entered into before this date will continue to be governed by the old rules ...
There are numerous internet-based interactive platforms that may be referred to as social media outlets, for example Facebook, Linkedin or Twitter. It is hard to spend any time online without coming across some form of social media platform. Many retail websites will have a section for user feedback and reviews, such message boards are themselves a form of social media ...
