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Briefings

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

Surrender of a lease can now be a transfer of a going concern

Date Posted: 16/09/2014 Author: Robert Field

HMRC announced in July that it has changed its policy on lease surrenders, following its review of the implications of the Robinson Family Limited case. This widens the circumstances in which you need to consider whether a transaction is a TOGC for VAT purposes.  It could also mean that some landlords who have accepted a surrender with...

Deckmyn: Plagiarism, Parody & Politics

Date Posted: 12/09/2014 Author: Anthony Misquitta

In July of this year we reported on the introduction into UK copyright law of a parody defence (see here for details).  At the time we suggested that the phrasing of the defence was elasti...

Regulatory Bulletin - joint PRA and FCA consultation on strengthening accountability in banking

Date Posted: 12/09/2014 Author: Grania Baird

The joint PRA and FCA consultation on strengthening accountability in banking: a new regulatory framework for individuals – overhauling personal responsibility in the banking sector.

Questions of Capacity

Date Posted: 08/09/2014 Author: Adam Carvalho

How do you know if someone has capacity to take legal steps - is there not just one test? The answer to this (frequently asked) question is no as the applicable tests are decision specific. This note summarises, by reference to recent cases, the tests for five important personal legal steps – marrying, making a will, creating an LPA, managing one's affairs and conduct...

Animal (copy)rights: What a monkey's selfie tells us about copyright law

Date Posted: 05/09/2014 Author: Alicia Mendonca

In a spontaneous but poised self-portrait, this Indonesian Macaque sparked a copyright dispute that reveals a tricky gap in legislation: who owns the artistic rights to works created by animals?

First judgment under the new Defamation Act

Date Posted: 29/08/2014 Author: Alicia Mendonca

Cooke and Midland Heart Ltd v MGN

This highly anticipated judgment, the first to be decided under the Defamation Act 2013, looked specifically at the new serious harm test under s1(1). In finding against the claimants, the court made it clear that the threshold for a statement to be defamatory had been raised.

Malky Mackay and the spiralling consequences of "private" text messages

Date Posted: 26/08/2014 Author: Kate Allass

As the FA and the unforgiving British press rake through offensive text messages sent by the former Cardiff City manager to his head of recruitment, we consider how Malky Mackay's private communications have made their way into the public domain. 

Shepherd v. Fox Williams LLP and others

Date Posted: 22/08/2014 Author: Ben Longworth and Tom McPhail

This article appeared in E-Commerce Law Reports, volume 14, issue 03, reproduced here with the kind permission of the editor.

Inn the Field of Play - August 2014

Date Posted: 19/08/2014 Author: Udo Onwere and Thomas Rudkin

Usain Bolt – The only hope for the anti-dope

Athlete fails drugs test! No news there then. The Nigerian weightlifter Chika Amalaha and the Botswanan 400m runner and former World Champion Amantle Montsho became the latest high-profile athletes to test positive for prohibited substances at the recent Commonwealth Games in Glas...

Newcastle, Sunderland and Flight MH17

Date Posted: 14/08/2014 Author: Tom Rudkin

A Tyne-Wear tweet

One of the most heart-warming stories arising from the tragic shooting down of flight MH17 emanated from a most unlikely source: the Tyne-Wear football rivalry between Sunderland and Newcastle United.  Sunderland fan Gary Ferguson's response to the deaths of Newcastle fans Liam Sweeney and John Alder on the flight was to set up...

Things Get Serious: Defining Defamation

Date Posted: 12/08/2014 Author: Tom Rudkin

A version of this article appeared in Entertainment Law Review, Ent. L.R. 25(6), 588 822, reproduced here with the kind permission of the editor.

Entrepreneurs and Family Business Group Summer Newsletter 2014

Date Posted: 12/08/2014 Author: Richard Lane

From 30th June any UK employee who has worked for a company for more than six months has the right to request flexible working. According to the Government this means that 20 million people can now benefit, however what does this mean for an SME employer?

Mixed funds, mixed messages

Date Posted: 06/08/2014 Author: Russell Cohen & Holly Jones

HMRC changes the tax treatment of loans for non-domiciliaries

HMRC has announced a U-turn in its approach to UK resident non-domiciliaries (non-doms) using foreign income and gains as collateral (i.e. security) for loans that are brought into the UK.

Non-doms who have these loans in place wi...

The Cavendish collision: negligence or inherent risk?

Date Posted: 31/07/2014 Author: Kate Allass

With Vincenzo Nibali collecting the yellow jersey on the Champs-Elysees at the end of the Tour de France on Sunday, we look back to the stage one crash which took Mark Cavendish and Simon Gerrans out of contention, and review the legal principles which determine when a competitor may be liable to another for an injury sustained in the field of play.

Celebrity gossip in a jam? Privacy damages of £10,000 awarded in Weller v Associated Newspapers Ltd

Date Posted: 30/07/2014 Author: Jennifer Agate

This article appeared in Entertainment Law Review, Ent. L.R. 2014, 25(5), 197 199, reproduced here with the kind permission of the editor.

An article considering the High Court decision in Weller v Associated Newspapers Limited, in which the court held that the publication of unpixellated photographs of a m...

The winner doesn't take it all - AVB v TDD

Date Posted: 30/07/2014 Author: Jennifer Agate

This article appeared in Entertainment Law Review, Ent. L.R. 2014, 25(6), 227 229, reproduced here with the kind permission of the editor.

An article on the recent decision in AVB v TDD [2014] EWHC 1442 (QB), in which the court considered the law of privacy, confidence and harassment in the context of a rel...

Business Investment Relief for non-UK Domiciliaries: The Finance Act 2012 Rules

Date Posted: 30/07/2014 Author: Christine Payne Smith

In the past, changes to the remittance rules have, more often than not, limited the scope for a non-UK domiciliary to bring foreign income or gains to the UK without incurring UK tax.  Therefore, the introduction in 2012 of a business investment relief for remittance basis users was widely welcomed.  This note considers the operation of the relief, as well as some ...

Sentry or Scarecrow? The Bribery Act 2010 in Relation to the Media

Date Posted: 28/07/2014 Author: Julian Pike and Hugo Walford

This article appeared in Entertainment Law Review, Ent. 25 Issue 4, reproduced here with the kind permission of the editor.

McIntosh v Governing Body of St Mark’s Primary School

Date Posted: 24/07/2014 Author: Rachel Holmes

In this case, heard by the Employment Appeal Tribunal (the EAT), the Claimant – Mrs McIntosh – was appealing against a finding by the Employment Tribunal that St Mark’s Primary School did not discriminate against her when it suspended her and referred her for a disciplinary hearing after she made an allegation of racism against the Head.

Department for Education consultation – proposed new Independent School Standards

Date Posted: 24/07/2014 Author: Rachel Holmes

This consultation forms part of the broader ongoing process of updating the regulatory framework for independent schools, moving it from the Education Act 2002 to the regime set out in the Education and Skills Act 2008. However, the Government also wishes to take this opportunity to strengthen the Standards (with a particular emphasis on ensuring adherence to 'British values...

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