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Briefings

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

Avoiding moral repugnancy in the age of tax transparency

Date Posted: 22/04/2015 Author: Robert Field and Julian Pike

This article appeared in the 17th April issue of Tax Journal, reproduced here with the kind permission of the editor.

Robert Field and Julian Pike examine why “no comment” is no longer an acceptable response to a media story on tax.  They discuss the viewpoints and how to avoid moral repugnancy in the age of tax transparency.

Alcohol, drugs, food, sex, shopping, gambling: The Secrecy of Addiction

Date Posted: 22/04/2015 Author: Annmarie Carvalho

Addiction is the biggest preventable killer in the UK.

Addiction is an insidious illness, permeating every strata of society. While awareness continues to grow about its impact, the nature of the condition is still prone to misunderstanding. Some take a less than sympathetic view towards those who suffer from addict...

Wishing away: lifetime gifts, proprietary estoppel, and construction

Date Posted: 21/04/2015 Author: Adam Carvalho TEP and Richard McDermott

Richard McDermott and Adam Carvalho discuss recent estate planning case law, including an undisclosed lifetime gift, proprietary estoppel, and will drafting.

This article was first published by the Solicitors Journal, reproduced here with the kind permission of the editor.

ISPs & Search: Part 1 - UGC and P2P

Date Posted: 20/04/2015 Author: Anthony Misquitta

The law on the liability of search engines, search facilitators, P2P networks and internet service providers (ISPs) for behaviour that infringes intellectual property (IP) rights on their watch ebbs and flows and it can be difficult to keep on top of it all. Over the next four weeks we shall attempt to draw together some of the recent case law as at April 2015 to create a ...

New social media offences under the Criminal Justice and Courts Act and Serious Crime Bill: the cultural context

Date Posted: 17/04/2015 Author: Jennifer Agate and Andy Phippen

This article appeared in Entertainment Law Review, Ent. L.R. 2015, 26(3), 82-87, reproduced here with the kind permission of the editor.

An article discussing legislative change in social media, with a focus on the Criminal Justice and Courts Act 2015 and Serious Crime Bill, exploring the gap between legislation a...

Serious spam: strike out under section 1 of the Defamation Act 2013

Date Posted: 17/04/2015 Author: Jennifer Agate

This article appeared in Entertainment Law Review, Ent. L.R. 2015, 26(3), 90-92, reproduced here with the kind permission of the editor.

An article considering the recent case of Am...

Raymond Bieber v Teathers Ltd – Parties bound by a settlement agreed in correspondence

Date Posted: 17/04/2015 Author: Ben Longworth

This article appeared in Entertainment Law Review, Ent. L.R. 2015, 26(3), 95-97, reproduced here with the kind permission of the editor

Solicitors who deal with contentious matters routinely exchange emails and formal letters with their opponents to make settlement offers and to discuss more detailed settlem...

Gough v United Kingdom – "naked rambler" tests the boundaries of free speech

Date Posted: 16/04/2015 Author: Jennifer Agate

An article discussing the recent European Court of Human Rights case of Gough v UK, in which the court considered the Convention on Human Rights in the context of the so called naked rambler.

This article appeared in Entertainment Law Review, Ent. L.R. 2015, 26(2), 62-64, reproduced here with the kind...

IPSO clears Sunday Mirror in Minister Sex Tweeting case

Date Posted: 13/04/2015 Author: Michael Patrick

Over five months after it announced its investigation, the Independent Press Standards Organisation (IPSO) has held that the Sunday Mirror was justified in using subterfuge to uncover the story which resulted in Tory MP, Brooks Newmark, resigning as a Government Minister. Questions remain, however, about whether it has the true powers of an independent regulator as ...

Government continues to push its Transparency Agenda

Date Posted: 09/04/2015 Author: Paul Jones and Jane Randell

As many of you working in or for or with the public sector will undoubtedly be aware (and particularly those of you who have been following this firm's Public Procurement Briefings), the Public Contracts Regulations 2015 (the Regulations) have in...

Data Protection Breaches: update on compensation

Date Posted: 09/04/2015 Author: Henry Sainty and Emily Arnold

The Court of Appeal has dismissed an appeal by Google to prevent users from pursuing it in the UK Courts and has found that: (i) users can claim compensation for breach of the Data Protection Act 1998 (DPA) for distress where they have not suffered pecuniary damage and (ii) there was ...

Department for Education: "National Standards of Excellence for Headteachers"

Date Posted: 08/04/2015 Author: Rachel Holmes

The Department has published new guidance to replace the 2004 version, in recognition that the educational landscape has changed somewhat since then. The new (non-statutory) guidance also aims to be aspirational, as opposed to setting out minimum standards.

Disqualification by association: new DfE guidance

Date Posted: 08/04/2015 Author: Alice Cave

In light of confusion as to the extent to which schools with pupils under the age of eight should be asking staff to confirm that they are not disqualified from working in childcare (including 'by association'), the DfE has now issued helpful statutory guidance on disqualification under the Childcare Act 2006:

Woodland v Essex County Council: a non-delegable duty of care

Date Posted: 08/04/2015 Author: Rachel Holmes

You may recall that this is the case that reached the Supreme Court (covered in the Winter 2013 bulletin), which held that, in certain circumstances, a non-delegable duty of care may exist.

In this...

Ofsted: "Better inspection for all"

Date Posted: 08/04/2015 Author: Rachel Holmes

Last year, Ofsted consulted on various proposals to change its inspection regime. It has now published its

Applying to be added to the list of educational institutions that may be named on an Education Health & Care Plan

Date Posted: 08/04/2015 Author: Rachel Holmes

As part of the new SEN regime, section 41 of the Children and Families Act 2014 gives the Secretary of State power to approve independent schools, enabling them to be included on a list of institutions that can be named in an EHC Plan. To qualify, a school must be registered as an independent educational institution and be set up to make specialist ...

The case of St Andrew's College, Bradfield: can trading subsidiaries make VAT-exempt supplies?

Date Posted: 07/04/2015 Author: Rachel Holmes

St Andrew's is a charitable boarding school. It is registered for VAT and is the representative member of a VAT Group that includes its two wholly-owned subsidiaries, Bradfield College Developments Limited (Developments) and Bradfield College Enterprises Limited (Enterprises). In this case, it was appealing to the First Tier Tribunal (FTT) aga...

The new Independent School Standards

Date Posted: 07/04/2015 Author: Rachel Holmes

As you will be aware, last year the Government consulted on proposed changes to the Independent School Standards. The changes have now been introduced, with the Education (Independent ...

Independent review of the case of William Vahey at Southbank International School

Date Posted: 07/04/2015 Author: David Smellie

You may have read in the press over recent months of the involvement of Farrer & Co as Solicitors to the Independent Review led by Hugh Davies OBE QC into the criminal conduct of William Vahey whilst employed by Southbank International School. If not you can read some of the press coverage 

The High Court in London has refused to block legal action brought by former Formula 1 boss Max Mosley over the continuing availability on Google of images of him at a sex party

Date Posted: 31/03/2015 Author: Michael Patrick

This article was first published in the World Data Protection Report.  It is published with their kind permission.

On 15 January 2015, Mr Justice Mitting, sitting in the High Court in London, gave judgment in Mosley v Google [2015] EWHC 59 QB. In dismissing Google’s application to strike out a claim brought by Max Mosl...

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