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

Reputational Harm and Financial Loss: First Profitable Body Succeeds in bringing a Claim under the New Defamation Act

Date Posted: 09/10/2015 Author: Alicia Mendonca and Tom Rudkin

Brett Wilson LLP v Person(s) Unknown [2015] EWHC 2628 (QB)

Section 1(2) of the Defamation Act 2013 introduced a new hurdle for corporate claimants seeking to sue for defamation: the requirement to show that serious financial loss has been caused, or is likely to be caused, as a result of the defa...

Q4 Commercial Forecast

Date Posted: 08/10/2015 Author: David Fletcher

Welcome to the Autumn edition of our Commercial Forecast.

We aim to help to keep our business clients in the know about a range of legal developments and issues that might affect them and the markets in which they operate. In this edition we cover a broad range of topics including the triple tax lock, the EU Trade Marks refor...

Volkswagen: History's Most Resilient Brand

Date Posted: 07/10/2015 Author: Anthony Misquitta

German automotive giant Volkswagen is in the papers again for all the wrong reasons as it battles to defend its reputation in the face of what could be a worldwide, multi-billion dollar fraud. However, if the brand emerges from all of this unscathed, or even stronger than it once was, this will be just the latest in a remarkable series of accidental...

Information Matters: The ICO finds a new safe harbour

Date Posted: 30/09/2015 Author: Owen O'Rorke

Ministers announced this month without much fanfare that both the ICO and the National Archive (at Kew) will be finding a new home in government – or, to use the official terminology, a new sponsor with policy responsibility for data protection.  Previously this has been the Ministry of Justice (MoJ) but as of 17 September 2015 such responsibility has passed to the De...

Information Matters: New ICO guidance on section 36 FOIA - protecting external individuals and organisations who participate in decision making

Date Posted: 30/09/2015 Author: Jeremy Isaacson

Without any fanfare (and no doubt without many people noticing), the Information Commissioner's Office – which regulates and enforces the Freedom of Information (FOI) regime – issued a new version of its guidance on the exemption under section 36 of the Freedom of Information Act (FOIA) earlier this year.

Information Matters: Direct marketing in the charities sector – raising the bar on charities' fundraising

Date Posted: 30/09/2015 Author: Henry Sainty and Alan Baker

Some of the direct marketing methods that some charities are using to fundraise – brought to public attention by the lamentable cases of elderly, vulnerable people like Olive Cooke and Samuel Rae – have caused concern for regulators, parliament and indeed other charities.  With growing concerns about legal compliance and the risk of serious dam...

Information Matters: Data Protection – what we can learn about betrayal from Ashley Madison

Date Posted: 29/09/2015 Author: Owen O'Rorke

Amid recent reports of a settlement with some of the data hack 'victims', and following the LinkedIn debate about sexism and privacy on social media, Owen O'Rorke examines where we are with the Ashley Madison case.

Inn the Field of Play – September 2015

Date Posted: 29/09/2015 Author: Udo Onwere

2015 Rugby World Cup – Is there colour in the rainbow nation?

The 2015 Rugby World Cup is well under way with the odd shock result. As is often the case prior to global sports tournaments, there was a minor political controversy involving a national governing body even before a flag was waved at the openi...

Regulatory alert: Consumer Law changes come into force on 1 October 2015 – what schools need to know

Date Posted: 28/09/2015 Author: Paul Jones and Jeremy Isaacson

On 1 October 2015, the Consumer Rights Act 2015 (the CRA) comes into force, with important changes to consumer protection laws for businesses and organisations selling goods, services or online content.

Even though some of the changes will only affect retailers who sell goods and other (digital) con...

Commercial Property Newsletter: Spotlight on Development September 2015

Date Posted: 24/09/2015 Author: Clive Lovatt and Charles Anderson and Andrew Wade

Welcome to the September issue of our briefing on issues affecting the property development industry.

This edition looks at some of the nuts and bolts of property and construction; in particular, searches.  These are ubiquitous to property transactions, but what happens if mistakes are made in the replies given...

Reform of EU Trade Marks

Date Posted: 24/09/2015 Author: Anthony Misquitta

On 1 April 1996 Tony Blair's vision for a new Labour Party was in its ascendency, the British public was still reeling from the news that Take That had split up and the very first Community Trade Mark Application was filed. Almost 20 years later Jeremy Corbyn's vision for a new (or perhaps old) Labour Party is in its ascendency, the British...

Non-Doms Again

Date Posted: 22/09/2015 Author: Diana Davidson and Debbie Pennington

Our initial comments on the Chancellor's announcement of new rules for non-doms are set out in our briefing of 9 July 2015. 

More information has since emerged, though substantial amounts of detail remain to be worked out by the Treasury.

Contract Law Update: Contract "does exactly what it says on the tin"

Date Posted: 17/09/2015 Author: Jane Randell

Rules of interpretation underpin much of English contract law. While not making new law, in a recent and helpful judgment the Supreme Court has reviewed (again) the issue of contract interpretation and provided some clarity on the role to be played by commercial common sense. The Court held that commercial common sense and the desire to p...

Can We Ever Prevent Access to Indecent Images of Children?

Date Posted: 16/09/2015 Author: Professor Andy Phippen

Two years ago, U.K. Prime Minister David Cameron delivered a landmark address that outlined his Government’s perspective on child online safety and what the U.K. Government would do to help address the issues.

Fair's fair when it comes to contracting with consumers - Updated CMA guidance on the Consumer Rights Act 2015 published

Date Posted: 16/09/2015 Author: Jeremy Isaacson

The 1 October 2015 implementation date for the Consumer Rights Act 2015 (the CRA) is approaching fast. Following a consultation launched at the beginning of the year, the Competition and Markets Authority has in the last few weeks published its final guidance on unfair contract terms and the CRA generally. The guidance can be

Reading the Riot Act

Date Posted: 14/09/2015 Author: Andrew Wade

The Article first appeared in the 8th August Issue of the Estates Gazette, reproduced here by kind of permission of the editor.

Lasting Powers of Attorney

Date Posted: 08/09/2015 Author: Sarah von Schmidt

The Mental Capacity Act 2005 introduced the new Lasting Power of Attorney (LPA) which replaced the Enduring Power of Attorney (EPA) on 1 October 2007.

This briefing considers both the changes that the Act introduced and the purpose of an LPA.

The art of connoisseurship through judicial eyes: the law of negligence and fine art attribution

Date Posted: 07/09/2015 Author: Isabel Paintin

This article was first published in the July 2015 edition of Art, Antiquity and Law, reproduced here with kind permission of the editor.

Arbitration – a Practical View from the Coal-face

Date Posted: 07/09/2015 Author: Simon Bruce   and Flora Harragin

This article was first published in the May 2015 edition of Family Law, reproduced here with kind permission of the editor.

Intermediary liability: Grand Chamber decision in Delfi AS

Date Posted: 03/09/2015 Author: Jennifer Agate

This article first appeared in the July Issue of E-Commerce Law & Policy, reproduced here by kind permission of the editor.

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