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eBulletins

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29 May 12 Fashion eBulletin | May 2012

Welcome to the May edition of the Fashion eBulletin. It has been a busy few months in the fashion world, and in the recent Fashion Weeks we saw sporty couture battle with bold florals in New York and military chic hit the catwalks in London. This month Londoners have welcomed the opening of the new Louboutin exhibition in London's Design Museum and will be eager to see the results of Kurt Geiger's recently struck deal with Manolo Blahnik to create and manage shoe boutiques in Harrods and Liberty. We also look ahead with anticipation to the summer of celebration and sport to see how businesses will fare.

15 May 12 Employment eBulletin | Spring 2012

In this edition we review some of the significant cases to have been considered in recent months including the latest decisions involving redundancy dismissals, TUPE and age discrimination justification. We also examine some of the recent developments in employment law including the increase in the qualifying period for unfair dismissal claims from one to two years and consider the implications for your business of the forthcoming pensions auto-enrolment regime.

10 May 12 Publishing eBulletin | May 2012

Welcome to the May edition of the Publishing eBulletin. Although we are not even halfway into the year, the industry has already seen some major developments. With the US Department of Justice's anti-trust lawsuit against Apple and others and the launch of Pottermore, it has been a busy few months already. Nor have technology developments in the ebook and digital content fields slowed since the year began.

04 May 12 The Enterprise Investment Scheme

This short guide summarises the various tax reliefs that are available through EIS together with the criteria that must be satisfied by the investor and the company recovering the investment in order to ensure that the investment will qualify for the various tax reliefs.

25 Apr 12 Supreme Court Decision on Objective Justification for Retirement Age

Following the abolition of the default retirement age in 2011, employers wishing to maintain a fixed retirement age must be able to objectively justify both their decision to do so and their particular choice of retirement age.

18 Apr 12 Employment Alert - The Office: Episode 3

This is the third in our series of practical everyday HR scenarios, dealing with issues surrounding the Olympics.

21 Mar 12 Budget 2012

The Budget followed the pattern of recent years so, depending on your point of view, a considerable part of it was either well trailed or a little leaky. It was also a classic case of giving with one hand and taking with the other. In this briefing note, we have outlined some of the more interesting changes and developments.

14 Mar 12 Energy Performance Certificates

On 6 April 2012 the rules regarding Energy Performance Certificates will change in relation to the sale or transfer of any property whether residential or commercial for sale or rent.

09 Mar 12 Is Your Business Ready for the 2012 Summer of Sport?

Summer 2012 promises to be a bumper one for sport. Euro 2012 kicks off on 8 June followed by other big draw events including Wimbledon and the British Open. Then, on 27 July, the Olympic games come to London for the first time in a generation, followed in August by the Paralympics.

28 Feb 12 Pre-conception Agreement a must for same-sex couples entering Artificial Insemination arrangements

Recent changes in legislation and modern living have led to the creation of new parenting arrangements as it becomes increasingly common for gay and lesbian couples to start a family through artificial insemination (AI) and surrogacy. As a result we are seeing an increasing number of enquiries and a growing number of same sex artificial insemination cases coming through the family courts.

16 Feb 12 SABAM v Netlog: CJEU resists filtering obligations for social networks

As clouds continue to gather around ACTA and other attempts to control online use of copyright works, today's ruling from the European Court provides a useful illustration of the practical challenges enforcement poses.

13 Feb 12 UK Film Policy Review

The Department of Culture, Media and Sport has published the UK Film Policy Review, an independent report prepared by a panel of UK film industry experts. The Review places the spotlight on ten different areas of the industry, and makes 56 recommendations for change.

03 Feb 12 Intellectual Property eBulletin | January 2012

Welcome to our first eBulletin of 2012 where we review policy developments, latest cases and give details of upcoming events.

30 Jan 12 Sports and Sponsorship eBulletin | January 2012

Welcome to the January 2012 edition of the Sports and Sponsorship eBulletin. In this edition we focus on the possible implications for British football clubs in light of the new UEFA Club Licensing and Financial Fair Play Regulations as well as other high-profile matters affecting the sports industry, such as spot-fixing, the ongoing dispute between the BOA and WADA and the Court of Appeal's decision in Rooney v. Proactive.

26 Jan 12 Newsflash - New Data Protection Regulation Published

On 25 January 2012 the European Commission published its proposals for a comprehensive reform of the EU's data protection laws designed to strengthen online privacy and harmonise data protection rules within the EU.

25 Jan 12 Publishing eBulletin | January 2012

Welcome to our first Publishing eBulletin for the year where we will update you on the news and events of the last few months of 2011 and forecast some important issues for the industry in 2012.

20 Jan 12 Rooney vs Proactive: Some Important Lessons for Image Rights Deals

In December 2011, the Court of Appeal handed down its judgment on the latest instalment of the long-running dispute between Wayne Rooney and his former management company, Proactive Sports Management Limited, in relation to an image rights agreement entered into between them in 2003.

16 Jan 12 The AVMS Directive and Newspaper Websites: Ofcom Upholds an Appeal by The Sun

On 21 December 2011 Ofcom upheld an appeal by News Group Newspapers against a determination by ATVOD that the video section of The Sun's website was subject to TV-style regulation pursuant to the AVMS Directive.

12 Jan 12 Employment eBulletin | January 2012

In this edition we look back at some of the developments which took place in employment law in the closing months of 2011, including the latest decisions on reasonable adjustments, TUPE and the inter-relationship between sickness and holiday absence.

11 Jan 12 Fashion eBulletin | January 2012

In this edition of the Fashion eBulletin we take a look at national and global intellectual property and employment issues within the industry.

16 Dec 11 Intellectual Property eBulletin | December 2011

Our Intellectual Property Practice provides an update on the latest IP cases and other developments in intellectual property law.

16 Dec 11 The UK Government's Consultation on Copyright

The UK government has launched a consultation on some potentially important changes to UK copyright law. The consultation follows an exhaustive review undertaken by the Hargreaves Committee over the last year.

09 Dec 11 The Swiss-UK Bilateral Tax Agreement

The UK and Switzerland signed a tax agreement on 6 October 2011 (the "Agreement") to promote cooperation between the two countries in relation to taxation and cross border financial services. We have provided a short summary of the main provisions of the Agreement.

09 Dec 11 UK Entrepreneur Visa

A briefing note on the Enterpreneur Visa, which provides a route into the UK for non-European migrants who want to set up or take over a business in the UK.

08 Dec 11 EIS Fundraising

This short guide summarises the various tax reliefs that are available through EIS together with the criteria that must be satisfied by the investor and the company recovering the investment in order to ensure that the investment will qualify for the various tax reliefs.

08 Dec 11 An Introduction to the Enterprise Investment Scheme

The Enterprise Investment Scheme offers a range of tax reliefs (for income tax and capital gains tax) to investors who purchase new shares in smaller companies.

07 Dec 11 The Seed Enterprise Investment Scheme

On 29 November 2012, the Chancellor gave his Autumn Statement, which included plans to set up a new Seed Enterprise Investment Scheme. The aim is to provide a tax incentive for investment in start-up companies that is based on the existing Enterprise Investment Scheme tax reliefs.

02 Dec 11 UK Investor Visa

The Government introduced new visa rules in March 2011 with the aim of attracting foreign investors. As a result the current Tier 1 UK Investor Visa is a relatively straightforward route for high net worth individuals coming to live in the UK.

01 Dec 11 Employment Alert - The Office: Episode 2

This is the second in our series of practical everyday HR scenarios, dealing with flexible working requests.

01 Dec 11 When can fake goods in transit be detained and destroyed by EU Customs?

When can fake goods in transit be detained and destroyed by EU Customs?

The Court of Justice of the EU has given judgment on two joined cases relating to counterfeit goods in transit through the EU.

30 Nov 11 Chancellor's Autumn Statement 2011

We have seen from today's Autumn Statement that the Chancellor's back is against the wall. In light of the gloomy economic forecast, few specific changes have been proposed to our tax system and the relatively limited "tinkering" is probably welcome.

29 Nov 11 European Court of Justice: New Opinions Released

Two important new Opinions have been given by the Advocate General of the European Court of Justice today (29 November 2011). These will be of particular interest to anyone involved with the protection of trade marks in the EU or the use or protection of computer software.

24 Nov 11 Weight Watchers Loses Millions of Pounds

A recent ruling by HM Revenue and Customs ("HMRC") is a cautionary tale for those engaging staff on a self-employed basis.

24 Nov 11 Injunctions and service providers: European Court puts genie back in bottle

As soon as the European Court of Justice (CJEU) held in July this year that eBay may be liable if it did not take some proactive steps to prevent infringers trading through its site, questions have been raised over how impregnable statutory safe harbours for other digital service providers really are.

17 Nov 11 The UK Bribery Act: Is Your Business Ready for it? - Part 2

In the second part of our examination into the ramifications for businesses affected by the UK Bribery Act 2010 (the Act) (which came into force on 1 July), we examine what procedures a commercial organisation coming within the Act should adopt to provide it with a defence that it has adequate procedures in place to prevent bribery.

16 Nov 11 Kernott v Jones: An Example of the Legal Issues Arising Between Cohabitants

When unmarried couples jointly own their property but do not agree upon the size of each party's share then an almighty legal tangle can ensue.

09 Nov 11 Tax Update: HMRC 1 Footballers 0?

HMRC has recently established its "Affluence Team". This two hundred member team will be tasked with looking into the tax affairs of the estimated 350,000 individuals whose personal wealth exceeds £2.5 million.

01 Nov 11 The UK Bribery Act: Is your Business Affected by it? - Part 1

The UK Bribery Act 2010 (Act) came into force on 1 July. It seeks not only to combat bribery in the UK but has a wider territorial reach and is much more far-reaching than the US Foreign Corrupt Practices Act 1977. The UK Serious Fraud Office (SFO) has already stated that "the UK will have the toughest bribery legislation in the world and it will be vigorously enforced…" This chilling statement has now been backed by action by the UK Crown Prosecution Service (CPS) with the first conviction under the Act.

01 Nov 11 Intellectual Property eBulletin | November 2011

Our Intellectual Property Practice provides an update on the latest IP cases and other developments in intellectual property law.

24 Oct 11 Nuptial Agreements

Pre and Post nuptial agreements (together "nuptial agreements") are no longer the sole realm of movie stars and the super-rich. Nuptial agreements are rising in popularity as an effective wealth protection tool.

14 Oct 11 Wake up to the Shake-up: Design Law - Call for Evidence

Have you seen your designs copied and not been able to do anything about it? Are you concerned that your business may be guilty of design infringement? Do you worry about spending money on protecting designs when you are not sure how much protection it is really giving you? If the answer to any of these questions is yes, then help is at hand.

13 Oct 11 Music Industry in Seventy Heaven

The long and winding road to extend copyright protection in Europe for sound recordings finally came to an end in September, as the European Council voted in favour of extending the protected term from 50 to 70 years.

11 Oct 11 Sunrise is Ending for .xxx Domains - Brand Owners Need to Act Fast!

.xxx domain registration opened on 7 September 2011. .xxx domains are targeted at operators of adult entertainment businesses. However, there is potential for them to be abused if non adult brands are registered as .xxx domains without the brand owner's permission.

04 Oct 11 DCMS Launches Consultation on Deregulation of Live Entertainment

A consultation to examine the deregulation of Schedule One of the Licensing Act 2003 has been launched by the Department for Culture, Media and Sport. The consultation seeks views on a proposal to remove licensing requirements in England and Wales for most activities currently defined as "regulated entertainment".

29 Sep 11 Tevez: Saint - Sinner - Sacked?

The reported refusal of Carlos Tevez to come off the substitutes' bench and play in Munich last night, as well as being a watershed moment in this unhappy footballing soap opera, does give rise to some serious contractual issues which the club will have to grapple with over the next few days.

29 Sep 11 Summary of the Agency Workers Regulations 2010

Eight things you should know about the Agency Workers Regulations 2010.

26 Sep 11 New Rules in Force Affecting Temporary Agency Workers

Businesses have historically been allowed to treat agency workers less favourably than permanent full-time employees. The Agency Workers Regulations 2010 (the "Regulations") come into force on 1 October 2011 and give temporary agency workers greater protection. A version of this article was published in the Autumn 2011 issue of NICEIC Connections which is available here.

22 Sep 11 European Court Gives Green Light to Brand Bidding

In what will be a setback for most brand-owners, the European Court of Justice has today clarified the circumstances in which bidding on a competitor's brand as a Google Adword may amount to trade mark infringement.

15 Sep 11 Employment Alert - The Office: Episode 1

This is the first in our series of practical everyday HR scenarios, dealing with optional and additional paternity leave.

08 Sep 11 Employment eBulletin | September 2011

In this edition, we look at some recent developments in employment law, including sex discrimination, reundancy selection and the new Bribery Act. We also look forward to the Agency Workers Regulations which will come into force in the Autumn.

16 Aug 11 The right to request time to train – Government delays extending right to employees of SMEs

Since April 2010, employees of large organisations have been entitled to request unpaid time off work to undertake relevant training or study. The right was due to have been extended to all employees of small and medium-sized businesses with effect from April 2011.

19 Jul 11 Fashion eBulletin | July 2011

In this edition of the Fashion eBulletin we take a look at national and global intellectual property disputes within the industry, as well as advertising and employment issues.

13 Jul 11 L’Oréal v eBay: The ECJ Increases Liability on Service Providers

One of the most eagerly awaited court decisions in Europe was handed down yesterday (12 July 2011) by the European Court of Justice. It is likely to be an important decision in clarifying where the balance lies in the liability of online service providers for unauthorised acts which take place over their services.

11 Jul 11 Another Successful Result for Unpaid Interns!

The Employment Group look at the recent cases that have supported the plight of the unpaid intern, especially from within the media industry.

28 Jun 11 Residence and Domicile – Government Consultation

Whether an individual is UK resident or not can have a significant impact in relation to the taxation of their worldwide income and gains. Glen Atchison and Dhana Sabanathan look at the Government's recent issue of a consultation paper as a step towards introducing a Statutory Residence Test.

22 Jun 11 Will the UK Require Online Content Filtering?

Partner Mark Owen attended a meeting held at the Houses of Parliament on 20 June 2011, where the UK government indicated that it intended to legislate if necessary to block harmful content online from being made available to children.

06 Jun 11 Something for Chanel and Louis Vuitton To Chew On

The Fashion Group look at the recent trade mark dispute brought by Chanel and Louis Vuitton on a retailer unlawfully using the brands monograms on packets of chewing gum.

26 May 11 Ad Alert: Cats, Dogs, Oven Cleaner and Condoms - the ASA’s Most Complained Ads of 2010

It's that time of year again when the ASA releases details of the most complained about adverts of the year. We take a look at some of the themes that seemed to reoccur in this year's list.

24 May 11 Sports and Sponsorship eBulletin | Spring 2011

In this edition we focus on the possible implications for sports content rightsholders of the so called "pub football cases" as well as other high-profile matters which are affecting the sports industry including spot-fixing, match-fixing, database rights and the ongoing NFL lock-out.

23 May 11 Ann Summers Told It's Not Your M&S

Marks & Spencer recently threatened Ann Summers, the lingerie and erotic retailer, with legal action in relation to a promotion over the bank holiday weekends for bundling its products like a "meal deal" with a "starter", "main" and "dessert" product.

18 May 11 The Hargreaves Review - A First Look

The Hargeaves Review considers how the national and international IP system can best work to promote innovation and growth. Released today (18 May 2011), Mark Owen of the Intellectual Property Practice takes a first look at the possible outcomes.

17 May 11 Ad Alert: Think of the Children

In this Ad Alert we look at how the ASA deals with complaints about seemingly inappropriate television advertising before the watershed.

16 May 11 The Red Achilles Heel - Louboutin's Trade Mark Dispute With YSL

The Fashion Group looks at the ongoing dispute between Christian Louboutin and Yves Saint-Laurent over the use of a red sole on their designer shoes.

16 May 11 The Pub Football Cases - Territorial Licensing of Digital Content in Europe

Head of Broadcasting Tony Ballard refers to the so-called 'pub football cases' and looks at whether the current practice of exclusive territorial licensing of digital content is compatible with European law.

13 May 11 Intellectual Property eBulletin | May 2011

In this edition we look at the effect of counterfeits on online trading, and two recent cases regarding trade mark infringements.

11 May 11 Counterfeits and Online Trading: the EU Attempts to End the Cold War

We look at how the huge growth in eCommerce has created conflict between rights-owners and online service providers reagrding the sale of counterfeit products.

03 May 11 Commercial eBulletin | May 2011

In this Commercial eBulletin we examine the importance of using "subject to contract" wording in pre-contractual negotiations and how a recent Court of Appeal decision may pave the way for parties to provide their consent to a future novation of their contract as well as other recent developments and decisions which may have a significant impact on commercial contracts.

27 Apr 11 What Do the Budget Announcements Mean for Res Non Doms?

In this article, the Tax Group focus on the implications that the Coalition Government's First Budget will have for UK resident and non-UK domiciled individuals.

18 Apr 11 One Stop Forum Shopping For Trade Mark Infringement: the ECJ Eases Open the Door

This Briefing Note looks at the powers of the national Community Trade Mark Courts when dealing with a CTM infringement, focusing on the April 12 decision of the European Court of Justice in DHL v Chronopost.

13 Apr 11 Ad Alert: ASA Disapproves of Hedonistic Youth

We look at the ASA's recent decision to ban adverts in Jack Wills' 2011 Spring Term Handbook, highlighting the difference between the ASA's treatment of harmless sexual innuendo and graphic sexual references.

31 Mar 11 More Flexible Fundraising for SMEs

The Government has recently announced a number of proposed changes to legislation designed to make it easier and less expensive for small and medium-sized enterprises ("SMEs") to raise funds by offering shares to prospective investors. This note briefly summarises two of the key changes that are proposed.

29 Mar 11 Fashion eBulletin | March 2011

In this eBulletin we look at changes in the law, recent Court and Authority decisions impacting the industry, and funding options for those starting up in fashion as well as those looking to expand an existing business.

29 Mar 11 Ad Alert: Opium Ad Brings No Euphoria to YSL Post-Adjudication

The Advertising Standards Authority (ASA) has upheld complaints against YSL's Belle D'Opium television advert for being irresponsible and offensive. Find out the reasons behind the decision.

29 Mar 11 Patents County Court Upholds Vivienne Westwood Claims

In the first trial in the Patents County Court since the Court's new procedural regime came into force, the avant-garde British fashion designer, Dame Vivienne Westwood O.B.E. brought a series of successful claims for trade mark infringement, passing off and copyright infringement against a Manchester-based fashion designer, for what the Court described as a "systematic exploitation of the Claimant's marks".

23 Mar 11 The Coalition Government's First Budget

The Chancellor's Budget announced a number of welcome changes clearly designed to rejuvenate investment in the UK. Entrepreneurs in particular are set to benefit, with significant positive changes in relation to Enterprise Investment Scheme (EIS) and entrepreneurs' relief. Furthermore the reduction of the rates of corporation tax should make the UK more competitive.

22 Mar 11 Practical Guide: Funding for Start-up and Growing Fashion Businesses

There are multiple funding options that are available to help start-up fashion businesses. In this Briefing Note, the more common types of funding are examined which can help you decide the best option for your business, the key points you need to consider and practical tips on how to increase your chances of successfully raising the funds that you need.

08 Mar 11 Beware Informal Agreements: The Importance of Using “Subject to Contract” Wording

A recent case has served as a reminder of the importance of marking pre-contractual correspondence and draft documents with the words "Subject to contract".

01 Mar 11 Filing a CTM? Think Carefully About What it Should Cover

The long running debate about what goods and services Community Trade Marks (CTMs) cover, when the Class heading is used to define them, rumbles on.

21 Feb 11 Employment eBulletin | February 2011

In this month's eBulletin we examine some of the recent developments in and key changes to Employment Law. We also review the significant cases to have been decided in the last few months covering such topics as TUPE, age discrimination, transfer of confidential info, redundancy, victimisation, disability discrimination and bonuses.

17 Feb 11 Positive Action in Recruitment and Promotion

On 6 April 2011, section 159 of the Equality Act 2010 (EA 2010) will come into force and will enable employers "to apply voluntary positive action in recruitment and promotion processes when faced with two or more candidates of equal merit, to address under-representation in the workforce".

17 Feb 11 Fake Goods in Transit Suspected for the EU Market May be Detained

Advocate General Cruz Villalon has given his opinion on two joined cases relating to counterfeit goods in transit through the EU. Such goods are able to be moved from place to place within the EU, without being subject to Customs duty, on the basis that their ultimate destination is declared to be outside the EU.

14 Feb 11 Corporate Governance for Smaller AIM Companies

It generally accepted by the investor community that the standards of corporate governance for large companies is not appropriate for smaller companies listed on the AIM. This Briefing Note looks at the developments and the industry views of this situation.

24 Jan 11 Ad Alert: It's Child's Play

The Advertising Standards Authority has produced numerous recent adjudications which shed interesting light on the general approach taken by the Authority in response to complaints raised. We look at recent adjudications regarding a TV advertisement for Saw3D and a poster for Vitaminwater, owned by CocaCola Enterprises Ltd.

14 Jan 11 Toughening Europe Up: EU Commission Wants IP Enforcement Strengthened

The EU Commission has suggested that IP enforcement procedures and remedies should be made tougher on infringers and more effective for rights-owners.

12 Jan 11 Corporate eBulletin | Bribery Act 2010: What does it really mean for those outside

Your company or partnership is located outside of the UK, but does business in the UK. Like many companies, your UK office also conducts business in other overseas countries. You are fully in compliance with the US Foreign Corrupt Practices Act 1977. Why would the UK Bribery Act be relevant to you?

10 Jan 11 Professional Privilege: For Lawyers' Eyes Only

For many individuals who engage in even relatively straight forward tax planning, arranging their financial affairs may involve both lawyers and accountants. However, in light of the issue of privilege, the consequences of being advised by either a lawyer or an accountant can be far reaching.

06 Jan 11 Ofcom consults on procedures for appeals and sanctions pursuant to the AVMS Directive

Ofcom has delegated much of the day-to-day regulation of TV-like on-demand services to ATVOD and ASA, but has retained some functions. They include appeals from ATVOD's decisions on the scope of the new regime and the application of sanctions for non-compliance. Ofcom has now launched a consultation on the procedures that it intends to apply in handling appeals from ATVOD's decisions on scope and in imposing sanctions.

18 Nov 10 The UK Adopts a Permissive Approach to Net Neutrality

Ed Vaizey, a junior Minister in the UK Coalition Government, has been widely reported as saying that ISPs should be allowed to abandon net neutrality by allowing them to offer tiered levels of services to their customers. What in fact he said was rather different but still controversial.

12 Nov 10 Ad Alert: Price Promises and Problem Promises

The ASA Adjudications are essential reading for anyone involved in advertising and marketing, as they are the best guide on trends and how the ASA views particular issues. Over the last couple of weeks, there have been a number of interesting reports.

10 Nov 10 Super Wi-Fi - Ofcom Launches Final Consultation on White Spaces

Ofcom has launched a final 28 day consultation on proposals to make available vacant spectrum in the broadcasting bands on a licence-exempt basis.

26 Oct 10 Pre-nuptial Agreements: Radmacher v Granatino

The eagerly awaited judgment in the matter of Radmacher was finally handed down by the Supreme Court on 20 October 2010. Heralded as "groundbreaking", just what does the decision mean for those seeking to enter into a pre-nuptial agreement?

21 Oct 10 The Comprehensive Spending Review and its Impact on Charities

Many charities reliant on the public purse for funding will be nervous following the cuts in government spending announced yesterday by George Osborne. The role that the charitable sector has to play as part of the Big Society will be both more difficult and more important as a result of the cuts.

20 Oct 10 Tax Briefing: A Unique Opportunity

The coalition government recently announced its intention to generate an additional £7 billion a year in tax revenues by 2015 through targeting wealthy individuals. To achieve this, HMRC will rely upon far reaching (and increasingly extensive) information powers.

12 Oct 10 Ad Alert: Beauty, Health or Something in Between

At the risk of suggesting that the Harbottle & Lewis Advertising Group is only interested in one thing, we have been interested to note this week the commentary on Rodial's new Boob Job - a bust enhancing cream that promises to increase women's breasts by half a cup size provided it is used daily for 56 days and, at £125 for a 100ml pot, it better had.

07 Oct 10 Stop Press - Opposing a UK Trade Mark Application: One day less to do so

Strict deadlines apply if you want to oppose the registration of a trade mark. If you miss them, there is no second chance. Oppositions are often not filed until the last day for tactical reasons. However, that last day may no longer be the one you think it is.

06 Oct 10 Employment | October 2010

In this month's e-Bulletin we examine some of the recent key changes to and developments in employment law including the long-awaited and much-anticipated Equality Act, the majority of which came into force on 1 October.

We also review the significant cases to have been decided in the last few months covering such topics as team moves in the financial sector, unfair dismissal, discrimination and TUPE. Please click on the individual articles below, or on the title above to view the full eBulletin.

05 Oct 10 All we know is... he's called Ben Collins: Why the BBC couldn't stop The Stig

The BBC's failure to obtain an injunction to prevent publication of the autobiography of racing driver Ben Collins dominated the news in late summer but the Court this week handed down its judgment explaining the basis for the high profile decision.

04 Oct 10 Ad Alert: Cleavage, Biker Girls and the Referee Needs Glasses

Deciding whether or not any particular campaign, or any part of it, is likely to offend against this broad principle can often be difficult, because it involves subjective criteria, and an attempt to second guess what the regulators think the public will think.

28 Sep 10 'Battle of the Forms' Disputes - What Happens when Neither Party Fires the Last Shot?

The High Court has recently decided another "battle of the forms" dispute which arose following parties commencing work under a supply contract before the exact terms of the contract were properly concluded.

08 Sep 10 Ad Alert: Extension of ASA's Digital Remit

Just days after we bemoaned the delay, it was formally announced that the digital remit of the Advertising Standards Authority (ASA) is to be significantly extended to improve online consumer protection.

02 Sep 10 Contractual Damages: Limitations on Reliance Loss?

The underlying purpose of contractual damages is to put the injured party in the position in which it would have been, had the contract been performed satisfactorily.

02 Sep 10 Don’t Get Stuck on the Runway – UK Tax Residence

In the wake of increases to the top rate of tax, changes to the pension rules and the taxation of non-UK domiciled individuals, the question of whether to leave the UK has been on the minds of many wealthy residents.

31 Aug 10 To Extend Online or not to Extend Online?

For those who are easily excited by advertising matters, there was an announcement a few months ago that caught our attention. The word was out that the remit of the ASA and the Advertising Codes would soon be extended to cover website content and editorial, rather than just obvious paid for advertising. STOP PRESS: The ASA has announced that the extension will take effect from 1 March 2011.

26 Aug 10 Intellectual Property | August 2010

Our Intellectual Property Practice provides an update on the latest IP cases and other developments in intellectual property law.

17 Aug 10 Ad Alert: Has Sex Sold Out?

Kelly Brook has been busy this month. She has declared August 2010 to be her "naked month". And indeed it is. Her Playboy centrefold will be published, she is captured, naked, in a photo shoot for Love Magazine also out this month, her new movie Piranha 3D will premiere (in which she has a terrifying, naked, encounter with a piranha) and she has appeared naked in an ad which has been unveiled in Battersea.

16 Aug 10 Mutual Wills - No Need to Panic

The recent case of Charles v Fraser has again highlighted the binding effect of carefully drafted mutual Wills.

12 Aug 10 Sports and Sponsorship | Summer 2010

Read about recent developments and cases in the legal world of sports and sponsorship and find out what the Sports and Sponsorship Groups at Harbottle & Lewis have been working on in recent months.

10 Aug 10 A Cheat's Charter? The Use of Documents in Divorce Proceedings

The Court of Appeal handed down a ground breaking judgment removing the protection to divorcing parties regarding the discovery and use of documents in financial proceedings.

04 Aug 10 Public Benefit: A Test for Cultural and Arts Organisations

The Charity Commission has begun to publish sector-specific guidance (and assessment reports) on satisfying the public benefit requirement.

29 Jul 10 Next Generation Mobile Spectrum Auction: The BIS Announcement

Spectrum will shortly become available for the development of next generation mobile services in the UK. It will include some of the spectrum which was previously used for television broadcasting and which is being released as a result of digital switchover and also the so-called 3G expansion band.

27 Jul 10 UK Residence Rules for Individuals - "Severing the Ties"

The UK law on residence is notoriously convoluted and complex, largely due to the lack of one definitive statutory test. Furthermore, from 6 April 2009, the taxpayer cannot rely on the official guidance issued by HMRC (now known as "HMRC6") in court.

20 Jul 10 The Perils of Commencing Work Before a Contract is Concluded: Part 2

Following our note in February, the Supreme Court has overturned the Court of Appeal's decision in RTS Flexible Systems Limited v Molkerei Alois Müller Gmbh & Co KG and decided that a contract did exist. However, parties should still take care.

09 Jul 10 Prenup or Postnup? Are they worth the paper they're written on?

A pre-nuptial agreement is a difficult thing to raise with your spouse to be. But given that two in three marriages end in divorce, should we be burying our heads in the sand, or planning for that possibility?

05 Jul 10 Terminating a Contract: Caution Required After Decision in Shell Egypt

In the recent case of Shell Egypt West Manzala GMBH v Centurion Petroleum Corporation, the Court considered a party's right to terminate a contract in accordance with its terms and suggested that, for the avoidance of doubt, a party may rely on alternative termination rights.

22 Jun 10 Live music targeted by PRS for Music

PRS for Music has now begun its 12-week long consultation process for what it hopes will lead to a revamped Tariff LP.

22 Jun 10 The 'unavoidable' Emergency Budget

George Osborne delivered the new Coalition Government's eagerly awaited Emergency Budget this afternoon. No doubt more detail and reaction will emerge over the days and weeks ahead but this bulletin summarises the initial headline implications of the Emergency Budget for businesses and high net worth individuals.

07 Jun 10 Tax Update - Emergency Budget

Glen Atchison and David Scott summarise what they expect to be the most likely changes resulting from the Emergency Budget in 2010.

01 Jun 10 The Bribery Act 2010 - How it Affects You

Last month the Bribery Bill received Royal Assent and is expected to come into force as the Bribery Act 2010 later this year. The Act came about partly as a response to international criticism about the weakness of the UK's anti-corruption legislation.

01 Jun 10 Fashion | Spring 2010

Our Fashion Group provides an update on the latest developments on the legal side of the fashion industry. Please click on the individual articles below, or on the title above to view the full eBulletin.

14 May 10 The Taxation of Athletes in the UK

Since the introduction of the Finance Act 1986, HMRC has sought to tax non-resident, non-domiciled athletes competing in the UK both on the earnings they make while they are in the UK as well as on a proportion of their global endorsement income. The theory behind this decision is that a proportion of athletes' endorsement income can be directly linked to their performance in competitions held in the UK.

12 May 10 Sports and Sponsorship | Spring 2010

Read about recent developments and cases in the legal world of sports and sponsorship and find out what the Sports and Sponsorship Groups at Harbottle & Lewis have been working on in recent months.

22 Apr 10 Employment eBulletin | April 2010

In this month's eBulletin we examine some of the recent key changes to and developments in employment law including the introduction of the new "fit-note"; the new prohibition on blacklisting trade unionists; and recent amendments to family friendly working practices.

We also review the significant cases to have been decided in the last few months covering such topics as working time, variation of contractual terms and also an update on the long-running sickness and holiday debate.

19 Apr 10 29 April deadline for notification of on-demand programme services

Providers of on-demand programme services must complete and send a notification form to the new regulator, ATVOD, on or before 29 April. There are penalties for non-compliance.

08 Apr 10 New Copyright Tribunal Rules Designed To Save Costs

The UK's Copyright Tribunal has published new rules which came into force on 6 April 2010 that govern the cases it hears. The rules are designed to streamline Tribunal cases with the ultimate aim of saving parties' legal costs.

06 Apr 10 Product Placement Update: New Legislation

This is an update on the new legislation permitting product placement in UK broadcast television. It comes into force on 16 April. It gives effect to what Ben Bradshaw announced in February but there are some unexpected features which we describe in this note.

15 Feb 10 The Perils of Commencing Work Before a Contract is Concluded

Recent cases decided by the Court of Appeal highlight the risks in commencing work under a letter of intent or interim agreement before a contract has been finalised.

03 Feb 10 Implying Terms into Contracts: The law after Belize Telecom

In Attorney General of Belize v. Belize Telecom [2009] UKPC 10 the Privy Council spelled out the law on terms implied in fact. The importance of the decision in early 2009 can be seen from the fact that it was cited in eight other cases before the end of the year.

28 Jan 10 Employment eBulletin | February 2010

In this eBulletin we highlight the changes to the law dealing with tribunal awards and statutory payments; increase of the normal pension age; the introduction of "fit notes" to replace "sick notes"; the introduction of the Equality Act; the new right to request time off for training and study; the government's additional bank holiday for 2012; the new requirement for migrants to submit their biometrics; the maximum penalty for serious breaches of the Data Protection Act; and important changes being made to whistleblowing cases.

14 Jan 10 Sports and Sponsorship eBulletin | Winter 2010

Read about recent developments and cases in the legal world of sports and sponsorship and find out what the Sports and Sponsorship Groups at Harbottle & Lewis have been working on in recent months.

27 May 09 Sports and Sponsorship | Spring 2009

Read about recent developments and cases in the legal world of sports and sponsorship and find out what the Sports and Sponsorship Groups at Harbottle & Lewis have been working on in recent months.

12 Feb 09 Sports and Sponsorship | Winter 2009

Read about recent developments and cases in the legal world of sports and sponsorship and find out what the Sports and Sponsorship Groups at Harbottle & Lewis have been working on in recent months.

Site Highlights

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