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Do you need a Data Protection Officer News - Briefing

Date: 20/10/2016 Authors : Owen O'Rorke

One of the areas of the General Data Protection Regulation (GDPR) which most exercised medium-sized organisations during consultation, and notably the schools sector, was the question of whether they would be caught by the new requirement for a mandatory Data Protection Officer (DPO).

Artists' Estates and the Art Market News - Briefing

Date: 19/10/2016 Authors : Peter Wienand

Following on from the successful Art Business Conference 2016, Peter Wienand shares the notes of his panel discussion on Artists' Estates and the Art Market.

Brexit: what are the implications for employment law? News - Briefing

Date: 18/10/2016 Authors : David Hunt

We now at least know that the Government plans to trigger Article 50 by the end of March 2017, which might result in the UK leaving the EU by the spring of 2019.  However, significant questions still remain, including questions relating to the future of those UK employment rights currently...

Copinger and Skone James on Copyright - General Nature of the industry News - Briefing

Date: 17/10/2016 Authors : Peter Wienand, Owen O'Rorke

The seventeenth edition of Copinger and Skone James on Copyright (Sweet and Maxwell International Series, 2016) has been published. This volume provides a comprehensive overview on the classification and scope of the protection of copyright, related rights and design rights. Chapter 26 focuses up...

Brexit - the Great Repeal News - Briefing

Date: 14/10/2016 Authors : Peter Wienand, Marie Bates

Brexit raises legal implications in almost every area. The UK's obligations under the Treaties raise issues of international law, while the role of Parliament in triggering Article 50 raises issues of constitutional law (currently the subject of a challenge in the courts). National law, especiall...

New duties to report and act on child abuse? News - Briefing

Date: 14/10/2016 Authors : Rachel Holmes

In its consultation paper "Reporting and acting on child abuse and neglect", the Government is asking for views on the possible creation of two new legal duties: a duty for certain organisations/practitioners to report abuse or neglect to the local authority if they know or have reasonable cause ...

Detailed proposals for Fundraising Preference Service announced News - Briefing

Date: 14/10/2016 Authors : Rachel Holmes

Of all the proposals that came out of last year's fundraising review, the Fundraising Preference Service ( FPS ) was the most controversial, with many feeling that it unfairly targeted the charity sector. However, calls for the Government to overlook this recommendation went unheeded and a Workin...

Fundraising adjudication and investigation reports – some emerging themes News - Briefing

Date: 14/10/2016 Authors : Rachel Holmes

In recent months, the Fundraising Standards Board (the FRSB) has published several adjudication and investigation reports, including: GoGen Ltd and its telephone fundraising practices relating to the British Red Cross, Macmillan, NSPCC and Oxfam; RSPCA and Battersea Cats & Dogs Home; and The Roya...

The Common Reporting Standard: HMRC updates guidance for charities News - Briefing

Date: 14/10/2016 Authors : Julian Smith, Louise Bralsford

Following the Charities Automatic Exchange of Information Event this summer, HMRC has updated its International Exchange of Information Manual and significantly improved its guidance for charities affected by the Common Reporting Standard (CRS). This provides some much-needed clarity which will...

The Charities (Protection and Social Investment) Act 2016 – an update News - Briefing

Date: 14/10/2016 Authors : Rachel Holmes

With the passing of the Charities (Protection and Social Investment) Act 2016 (Commencement No. 1 and Transitional Provisions) Regulations 2016 (the Regulations ), we now have a timetable for the implementation of most – though not all – of the 2016 Act (the Act). The Regulations brought the firs...

What Brexit may mean for data protection and charities News - Briefing

Date: 14/10/2016 Authors : Owen O'Rorke

Amid the tub-thumping about the economy, sovereignty and border control, neither side's EU Referendum campaign – perhaps unsurprisingly – made any hay whatsoever out of the Cinderella issue of data protection. Nevertheless many organisations across the UK had been nervous at the prospect of the...

Charity Authorised Investment Fund (CAIF) - finally a new investment vehicle for the charity sector News - Briefing

Date: 13/10/2016 Authors : Grania Baird, Julian Smith

The charities investment market is a substantial one with the top 10 investment firms serving the market managing just over £32 billion of assets for nearly 1600 charities [1]. Having a pooled investment vehicle which is regulated directly by the FCA, tax efficient for charities and with features...

Software can amount to 'goods' for the purpose of the Commercial Agents Regulations News - Briefing

Date: 12/10/2016 Authors : Jane Randell

The High Court has recently ruled that the Commercial Agents (Council Directive) Regulations 1993 (SI 1993/3053) (the Regulations ) did apply to a situation where an agent was selling commoditised software on behalf of its principal ( The Software Incubator Ltd v Computer Associates Ltd [2016] EW...

Q4 Commercial Forecast 2016 News - Briefing

Date: 11/10/2016 Authors : David Fletcher

Welcome to the autumn edition of our Commercial Forecast . Our forecasts help businesses to stay in the know about current and future legal developments which might affect them and the markets in which they operate.   The range of topics covered in this edition is typically broad, ranging from th...

Arbitration: a more attractive option post-Brexit? News - Briefing

Date: 11/10/2016 Authors : Kate Allass

Our Commercial Forecast Q3 2016 edition (issued immediately after the referendum decision) noted the uncertainty around whether, post-Brexit, it will be more difficult to enforce English court judgments in the EU. Arbitral awards are less susceptible to these concerns because a successful party's...

The European family in crisis: the consequences of Brexit on English family law News - Briefing

Date: 06/10/2016 Authors : Nicholas Bennett

The metaphor of Brexit as "divorce" has become a cliché since the referendum result. To this commentator's eye at least, it betrays a misunderstanding of the United Kingdom's relationship with the European Union. Divorce requires a marriage. Marriage requires a loving relationship (or so at least...

Listening ears switched on? The voice of the child in family proceedings News - Briefing

Date: 03/10/2016 Authors : Sarah Hutchinson, Rebecca Heyworth

Children are always being told the importance of listening to others, but are the courts listening to children when making decisions that affect them the most? What are their wishes and feelings about their lives, their families and their arrangements, and how much should those wishes and feeling...

Second chances: Financial provision after a foreign divorce News - Briefing

Date: 03/10/2016 Authors : Sara Hunt

England is often referred to in the media as the divorce capital of the world. It is widely known to be one of the more generous to wives in the world. Not only this, but the English court can in some circumstances order a divorce settlement even where a couple have already divorced (and received...

Family Arbitration: 5 Top Myths News - Briefing

Date: 03/10/2016 Authors : Annmarie Carvalho

Since family arbitration was introduced in 2012, over 100 cases regarding family finances on relationship breakdown have been resolved by this method. On 18 July 2016, arbitration was introduced for family disputes in relation to children. So disputes about, for example, where and with whom the...

MiFID II Overview News - Briefing

Date: 30/09/2016 Authors : Fiona Lowrie, Grania Baird

MiFID II will be implemented into UK law on 3 January 2018 and will replace Directive 2004/39/EC (MiFID I). MiFID II aims to enhance the efficiency and integrity of the financial markets across the European Union and we have prepared a suite of briefings on key areas of change. This briefing...

MiFID II - Safeguarding of financial instruments and funds belonging to clients News - Briefing

Date: 30/09/2016 Authors : Katy Ruddell

MiFID II will be implemented into UK law on 3 January 2018 and will replace Directive 2004/39/EC ( MiFID I ). MiFID II aims to enhance the efficiency and integrity of the financial markets across the European Union and we have prepared a suite of briefings on key areas of change. This briefing...

MiFID II – Remuneration of Sales Staff News - Briefing

Date: 30/09/2016 Authors : Louise Bralsford

MiFID II will be implemented into UK law on 3 January 2018 and will replace Directive 2004/39/EC ( MiFID I ).  MiFID II aims to enhance the efficiency and integrity of the financial markets across the European Union and we have prepared a suite of briefings on key areas of change.  This briefing...

Inn the Field of Play - September 2016: The Value of Sponsorship News - Briefing

Date: 27/09/2016 Authors : Martin Blake

With the buzz of the Olympics and Paralympics still warm and the Premier League up and running, it seems a good time to consider the inherent value of sports for businesses. Global sponsorship spending is projected to grow to over $60billion in 2016 (1)  and there are plenty of recent examples of...

Separating the sting: Court takes a fresh look at what is defamatory News - Briefing

Date: 26/09/2016 Authors : Alicia Mendonca

This Court of Appeal case saw the separation of the meaning from the 'sting' of a defamatory statement, creating a new angle from which to look at the justification or 'truth' defence.

Is it interesting? New judgment considers the scope of the ‘public interest’ defence News - Briefing

Date: 26/09/2016 Authors : Oliver Lock

This was the first case to substantively consider in detail the new 'public interest' defence since the Defamation Act 2013 came into force, clarifying that the Court will place a great deal of weight on whether the Defendant "reasonably believed" the publication was in the public interest and no...

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