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Briefings

We produce regular briefings which examine the latest legal developments, regulations and case law. 

Clergy and Employment Law

Date Posted: 16/12/2014 Author: Maria Strauss

In this article, Maria Strauss draws some lessons for the Catholic community from the Methodist Case and also a new case against the Church of England.

Intellectual Property Enterprise Court decision: no confusion in Cranford

Date Posted: 15/12/2014 Author: Owen O’Rorke

Cranford Community College ('CCC') v Cranford College Ltd ('CCL') [2014] EWHC 2999

The Intellectual Property Enterprise Court (IPEC) recently gave judgement in a case involving two educational institutions with very similar names. CCC is a state-funded academy in Hounslow that was known locally as Cranford College or Cranford and brou...

Holiday pay: EAT's decision in Bear Scotland Ltd and others v Fulton and others; Hertel (UK) Ltd v Woods and others; Amec Group Ltd v Law and others

Date Posted: 15/12/2014 Author: Alice Cave

In November the Employment Appeal Tribunal ('EAT') handed down its decision in a series of linked cases relating to holiday pay, which raised the issue of whether employers should take overtime pay into account when calculating holiday pay.

DfE publication: "Statutory policies for schools: advice on the policies and documents that governing bodies and proprietors of schools are required to have by law"

Date Posted: 15/12/2014 Author: Rachel Holmes

Targeted at all schools, this piece of non-statutory guidance is essentially a checklist, which sets out:

  • what the various policies are;
  • who must approve them;
  • how frequently they should be reviewed; and
  • hyperlinks to the relevant legislation/statutory guidance and, where available, further advice.
  • ...

"What works in tackling homophobic, biphobic and transphobic (HBT) bullying among school-age children and young people"

Date Posted: 15/12/2014 Author: Rachel Holmes

This report, published by NatCen, is the result of a piece of research sponsored by the Government Equalities Office, the DfE and the Welsh Government. It was commissioned as part of the Government’s wider Creating a fairer an...

Charity Commission Operational Compliance Report: "The Schools of King Edward VI, Birmingham"

Date Posted: 15/12/2014 Author: Rachel Holmes

The charity runs eight schools, including two independent schools. It came to the Commission’s attention for two reasons. First, in August 2013, the charity submitted a serious incident report informing the Commission that a member of staff at one of its independent schools was being investigated for offences relating to child pornography. (He was later convicted of several ...

Amendment to the Independent School Standards

Date Posted: 15/12/2014 Author: Rachel Holmes

The Education (Independent School Standards)(England)(Amendment) Regulations 2014 came into force on 29 September. They amend the Standards relating to the spiritual, moral, social and cultural (“SMSC”) development of pupils. The main change is that the law now requires schools actively to promote fundamental British values (listed as democracy, the...

Motivate to Mediate? The carrot and the stick

Date Posted: 15/12/2014 Author: Annmarie Carvalho

Mediation has been the buzz word in family law throughout 2014 and this shows no sign of abating with the Ministry of Justice's announcement on 3 November that, in circumstances where one party is legally aided, the government will now fund both parties' attendance at one session of mediation.

Billionaires and family law - an update on "the millionaire's defence"

Date Posted: 15/12/2014 Author: Simon Bruce and Elizabeth Burch

There are twelve million people in the world rich enough to be called millionaires.

And one thousand four hundred and sixty five people who are billionaires.

Quite a lot of them spend time in London.

So, what happens if they get involved in family d...

Dating before divorce: a "fly in the ointment"?

Date Posted: 09/12/2014 Author: Daisy Tarnowska

It is often said that the best cure for a broken heart is to fall in love. However, following Mr Justice Mostyn's recent judgment in AB v CB

Eccentric wishes and charitable purposes

Date Posted: 09/12/2014 Author: Richard McDermott and Adam Carvalho

The festive season is fast approaching and the courts have been busy. Recent decisions in cases involving unusual and eccentric testamentary wishes or charitable giving are an early festive gift for trust and estate practitioners to mull over during the holiday break.

Mass dishonesty in the English courts

Date Posted: 05/12/2014 Author: Christina Scotland

“A conspiracy to pervert the course of justice has been carried out on an almost industrial scale”.

These are the words used by Sir James Munby, President of the Family Division, in the somewhat unusual and rare case of Rapisarda -v- Colladon (Irregular Divorces)

CAP and BCAP Codes: consultations on proposed amendments to distance selling and sales promotion rules

Date Posted: 05/12/2014 Author: Emily Arnold

The Committee of Advertising Practice (CAP) and the Broadcast Committee of Advertising Practice (BCAP) have published consultations on proposals to remove the distance selling rules from the UK Code of Non-broadcast Advertising, Sales Promotion and Direct Marketing (the CAP Code) and the UK Code of Broadcast Advertising (the BCAP Code) respectiv...

Why “no comment” is no longer good enough

Date Posted: 04/12/2014 Author: Julian Pike

In an age where the public are much more media savvy, are able to surf online and are able to speculate and pontificate publicly, there’s never been a greater need for corporates to manage their reputations proactively.

Tribal warfare: John Kaldor Fabricmaker v. Lee Ann Fashions

Date Posted: 04/12/2014 Author: Anthony Misquitta

On 21 November 2014 Judge Hacon, sitting in the Intellectual Property Enterprise Court (IPEC), handed down a judgment in the case of John Kaldor Fabricmaker UK Ltd v Lee Ann Fashions Ltd [2014] EWHC 3779 (IPEC) (21 November 2014)<...

Agricultural Estates Newsletter Winter 2014

Date Posted: 03/12/2014 Author: James Maxwell

Nil desperandum I whispered to myself encouragingly over the summer as I swatted my way ineffectually up various chalk streams.  Now winter is here I find myself muttering the same words at my desk, gazing over a rainswept Kingsway, feeling a bit glum about the relentless river of regulation running through the professional lives of lawyers and land agents. 

...

The Force is not so strong: special damages for PR costs awarded to corporate claimant in defamation case (ReachLocal UK Ltd v Bennett and others)

Date Posted: 01/12/2014 Author: Michael Patrick and Oliver Lock

In one of the first cases under the Defamation Act 2013, the High Court has awarded £444,000 in damages to the victims of a defamatory campaign, including an award of £66,000 for fees incurred instructing PR advisors to mitigate the damage caused by defamatory allegations.

The case offers useful guidance on damages ...

The digitisation of works in library collections - copyright update

Date Posted: 28/11/2014 Author: Emily Arnold

In July of this year we explained that a new section 40B to the Copyright, Designs & Patents Act 1988 (the 1988 Act) took effect from 1 June 2014 permitting certain institutions to make copies of copyright works available to visitors, students etc. through 'dedicated terminals' on their premises (see

Capital gains tax – the net closes in

Date Posted: 28/11/2014 Author: Nick Dunnell & Debbie Pennington

The government has published its response to the consultation on extending capital gains tax (CGT) to all non-residents on disposals of UK residential property.  The response deals with some, but not all, of the potential issues identified during the consultation and we set out the main changes below:

Social media, trolling and the law: a 9-point guide

Date Posted: 28/11/2014 Author: Thomas Rudkin

An earlier version of this article appeared in PR Week, September 2014, reproduced here with the kind permission of the editor.

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