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Briefings

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

Blue birds, red dragons, amber tigers and mad hatters – the wild world of re-branding football clubs

Date Posted: 11/04/2014 Author: Alan Baker and James Maloney

A football club's 'brand identity' is established over many years. Among those parts of the 'brand' which are most recognisable – and most treasured by supporters – are the club's name, nickname, colours and crest. It is perhaps these more visual parts of the brand that makes a club unique. Across the world, banners are unfurled, flags are flown, and replica shirts (which f...

New Permitted Development Rights for Agricultural Buildings

Date Posted: 08/04/2014 Author: Karen Phull

New permitted development rights came into force for agricultural buildings in England on 6 April 2014.  This bulletin considers only those rights granted by Class MB.  There are other rights granted that are not the subject of this bulletin, including the conversion of agricultural buildings to schools or nurseries.

Non-UK residents, residential property and capital gains tax

Date Posted: 07/04/2014 Author: Diana Davidson & Nick Dunnell

Historic liability of non-residents to CGT

Historically, non-residents have not been subject to capital gains tax (CGT) unless carrying on a business in the UK through a branch or agency.  There have for many years been anti-avoidance rules that attribute gains to UK residents who are beneficiaries or settlors of non-re...

When Wills Go Wrong

Date Posted: 01/04/2014 Author: Adam Carvalho & Caroline Pearce

Marley v Rawlings and another [2014] UKSC 2 was reported in January 2014 and generated a substantial amount of commentary. Brooke and others v Purton and others [2014] EWHC 547 (Ch), which was reported last week, provides useful illustrations of how the emerging principles will be applied.

The aftermath of Delfi AS v Estonia

Date Posted: 28/03/2014 Author: Jennifer Agate & Caroline Pearce

This article appeared in E-Commerce Law Reports vol 14 issue 1, reproduced here with the kind permission of the editor.

Budget 2014: Measures affecting private clients

Date Posted: 28/03/2014 Author: Robert Field

This article appeared in the Tax Journal 28 March 2014, reproduced here with the kind permission of the editor.

Student terms and conditions - the Office of Fair Trading expresses its view

Date Posted: 26/03/2014 Author: Jeremy Isaacson

On Friday 14 March, the OFT published its report following its Call for Information on Higher Education in England covering how choice and competition are working in the HE sector. This comes close on the heels of last month’s publication of the OFT’s

Dealing with IP as an asset: 6 key steps for early-stage businesses and SMEs

Date Posted: 25/03/2014 Author: David Copping

Dealing with intellectual property (IP) in a transactional context is a hot topic. Kelvin King's and Martin Brassell's excellent report for the UK Intellectual Property Office highlighted current market failures which prevent UK and European businesses effectively Banking on IP.  These failures relate in part to the relative complexity of IP as an asset class, and the...

Key Regulatory Developments March 2014

Date Posted: 17/03/2014 Author: Grania Baird

This table sets out the key regulatory developments for March 2014.

A child's best interests: who decides?

Date Posted: 14/03/2014 Author: Rose Spencer-Longhurst

Parents are responsible for making a host of important decisions for their children - about their education, religion, medical treatment to name just a few.  These decisions can be hard and may become even more so if the parents are separated.  Mediation can help parents to reach an agreement, but sadly, the court's assistance is sometimes needed and a judge is the...

Court rules out second bite at the cherry for FOS complainants

Date Posted: 14/03/2014 Author: Kate Allass

The Court of Appeal has held that complainants who accept a decision by the Financial Ombudsman Service are not entitled to top up that award by raising the same claims in later Court proceedings, even if they could have recovered more in those proceedings.

In this article, Kate Allass reviews the important recent decision by the Court of Appeal in Clark -v- In...

Entrepreneurs and Family Business Group Spring Newsletter

Date Posted: 13/03/2014 Author: Richard Lane

Welcome to the Spring 2014 edition of our Entrepreneurs & Family Business Group Newsletter which we hope provides you with a useful update on legal developments that might affect your business.

Alternatives to Court: paths to agreement

Date Posted: 13/03/2014 Author: Mark Fenton

When you hear the word 'divorce', court battles may immediately spring to mind.  But in fact, very few cases are ultimately decided by a judge - the vast majority of separated spouses are able to reach an agreement on how to divide their finances.

A marriage revolution: a clash of cultures in Britain and India

Date Posted: 13/03/2014 Author: Nicholas Bennett

From 29 March, same-sex couples will be able to enter a valid marriage in English law. The language of the Marriage (Same Sex Couples) Act 2013 is sweeping and simple: the marriage of same-sex couples is lawful; and marriage will have the same effect on their status and rights as it does to those of heterosexual couples. The only significant exception is that a same-sex divo...

Inn the Field of Play - March 2014

Date Posted: 12/03/2014 Author: Udo Onwere, Tom Rudkin and Robert Lewis

The frequency of high profile dismissals in sport provides the media and spectators with a rich flow of drama and intrigue. This month we look at some recent examples, and consider the legal and practical implications of terminating employment agreements in sport.

Court of Appeal: Article 9 can extend outside Parliament

Date Posted: 12/03/2014 Author: Julian Pike and Jennifer Agate

Makudi v Triesman [2014] EWCA Civ 179

On 26 February the Court of Appeal handed down judgment in Makudi v Triesman [2014] EWCA Civ 179, dismissing the appeal.  The case raises interesting questions of the remit of parliamentary privilege and the extent to which the repetition or reference to statements...

Higher Education Bulletin – Winter 2014

Date Posted: 03/03/2014 Author: Julian Smith

In this edition of our Higher Education Bulletin we report on legal developments affecting Higher Education institutions (HEIs), including the long-awaited Defamation Act 2013, changes to the Freedom of Information Act 2000, and the new tax relief for individuals investing in social enterprises.

Our in-brief section highlights recent cha...

New Tax Relief on Social Investments

Date Posted: 03/03/2014 Author: Julian Smith and Rebecca Fry

From 6 April 2014, it is expected that individuals investing in social enterprises will be able to take advantage of a new social investment tax relief (SITR) intended to stimulate private investment in charities and other social purpose organisations seeking external finance.

Changes to the requirements applying to contracts with students and other consumers

Date Posted: 03/03/2014 Author: Kitty Turner

2013 was an extremely busy year in terms of the progress of the government’s reform of UK consumer law. A ban on excessive payment surcharges in consumer contracts came into force (under the Consumer Rights (Payment Surcharges) Regulations 2012) and three key pieces of legislation were published for scrutiny: the Consumer Rights Bill; the Consumer Contracts (Information, Can...

Changes to Public Procurement Thresholds

Date Posted: 03/03/2014 Author: Jane Randell

The financial thresholds that apply under the Public Contracts Regulations 2006 have just undergone their bi-annual refresh. In general terms bodies subject to the Regulations will have to comply with the rules whenever tendering for supplies of goods, works or services above the relevant thresholds.

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