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

Spotify's privacy policy changes: towards a new business model?

Date Posted: 28/08/2015 Author: Alan Baker

While newspaper columns obsess over the Ashley Madison leak – which we hope to comment on next month (once its implications are a little clearer from a UK perspective) – the technology press has been equally titillated this past week by news of changes to a certain company's privacy policy.

Inn the Field of Play - August 2015

Date Posted: 27/08/2015 Author: Kate Allass and Tom Rudkin

How to avoid selection disputes

With less than a year until the Olympic torch arrives in Rio de Janeiro, thousands of athletes around the world will be intensifying their preparation in the coming months, dreaming of winning. Inevitably some will be left disappointed, be it through falling short in an event they expected to win or not being selected at all.


Information Matters: What have trade secrets got to do with the Tour de France?

Date Posted: 27/08/2015 Author: John Hull

Quite a lot it seems.

The thrilling success of Team Sky and Chris Froome in this year’s Tour have, somewhat inevitably given the past history of doping in the Tour, prompted speculation, mainly in the French media, about how that success was achieved.  There was also a good deal of speculation on various social media platforms to the sa...

Information Matters: Data re-opened - new Re-use of Public Sector Information Regulations comes into force

Date Posted: 27/08/2015 Author: Peter Wienand

The open data landscape has just undergone a relatively unheralded, but potentially major shift.

Prevent Duty Guidance for Higher Education Institutions

Date Posted: 27/08/2015 Author: David Smellie and Sarah-Jane Watson

The Counter-Terrorism and Security Act 2015 introduced a duty on specified authorities (including certain higher education institutions), to have due regard to the need to prevent people being drawn into terrorism (the Prevent Duty).  In March 2015, parliament approved statutory guidance for those specified authorities subject ...

CPU Update - High Court Rules on Retention Period for Child Protection Information

Date Posted: 19/08/2015 Author: Henry Sainty and Jeremy Isaacson

At the end of last month, the High Court handed down an important judgment in R(C) v Northumberland County Council (NCC) and Information Commissioner’s Office (Interested Party) on the retention ...

Families and Addiction

Date Posted: 18/08/2015 Author: Annmarie Carvalho

The Family Drug and Alcohol Court goes from strength to strength, but how does it work and where does it fit into the wider picture of dispute resolution and changing court attitudes?

The article was published in The Resolution Family Law Magazine (‘The Review’) about families and addiction. It publicises an event we hosted here at Farrer & Co earlier this year o...

Information Matters: Alpha, Beta, Gamma… Data? Google's Alphabet restructure brings data sharing law into play

Date Posted: 14/08/2015 Author: Henry Sainty and Owen O'Rorke

Old and new media has been buzzing this week with news of the single biggest change – in corporate terms, at least – in the young life of the planet’s single most visible company.

Personal Liability of Agents entering into Contracts

Date Posted: 10/08/2015 Author: Anthony Turner

The recent case of Royal Mail Estates v Maples Teesdale and Borzou Chaharsough Shirazi confirmed the law relating to the liability of persons entering into contracts on behalf of a company that has not yet been incorporated. This case has wide application but the facts may be of particular interest to solicitors who enter into contracts to purchase ...

Three Important New School Safeguarding Guidance Alerts

Date Posted: 06/08/2015 Author: David Smellie and Alice Cave

New Prevent Duty Guidance: School Specific Advice effective July 2015

New Ofsted Guidance to Inspectors effective September 2015

New Keeping Children Safe Guidance effective July 2015

The Finance Act

Date Posted: 05/08/2015 Author: Rachel Holmes

The Finance Act, which was passed just before Parliament dissolved for the General Election, introduced two changes to charity tax law.

Leases v Licences: Ensuring charities don't grant the wrong "right"

Date Posted: 05/08/2015 Author: Charles Anderson

An important consideration facing property-owning charities is the distinction between a lease and a licence.  Charities need to be certain whether a person or organisation they have allowed to occupy their property (to however great or small an extent) is a mere occupier under a licence, as may have been the charity's intention, or actually is...

Charity Commission guidance on charities funding non-charitable organisations

Date Posted: 05/08/2015 Author: Rachel Holmes

The Charity Commission has published guidance on the funding of non-charitable organisations by charities.  The Guidance serves as a reminder of the need for trustees to undertake appropriate due diligence when making grants to non-charitable bodies, b...

Culture Media and Sports Committee report on society lotteries

Date Posted: 05/08/2015 Author: Rachel Holmes

Last summer, the Department of Culture, Media and Sport established a Committee to gather evidence on the adequacy of the law on lotteries.

 The review only looked at lotteries for the benefit of non-commercial societies that involve selling tickets to the public (known as society lotteries). The rules for raffles held at, say, charity fundraising events are d...

Protecting a charity's brand

Date Posted: 05/08/2015 Author: Jane Randell and Charlie Fikry

Originally espoused in 1842, a man is not to sell his own goods under the pretence that they are the goods of another man is the underlying principle of the law of passing off. And today, with the market place becoming increasingly busy with new charities, not-for-profits and other organisations, it is becoming an important consideration ...

Bare Essentials? The Charity Commission revises CC3, its guidance for trustees

Date Posted: 04/08/2015 Author: Rachel Holmes and Laetitia Ransley

In November 2014 the Charity Commission launched a consultation on CC3 The Essential Trustee: what you need to know, perhaps its most frequently used guidance document. It has now published the final version, entitled The Essential Trust...

The Law Commission's proposals to update charity law

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

The Charities Act 2006 came with a built-in health check: section 73 obliged the Minister to review the operation of the Act within five years and to present a report to Parliament. The review was carried out by Lord Hodgson, who published his report in 2012. Tucked away in an ...

Charities (Protection and Social Investment) Bill

Date Posted: 04/08/2015 Author: James Maloney

It has not been straightforward to keep track of the Charities (Protection and Social Investment) Bill (the Bill) over the past few months.

The Bill, which at the time of writing is being debated in the House of Lords, was first published last October as the draft Protection of Charities Bill.

Dealing with Litigants in person: new guidelines published for Lawyers

Date Posted: 03/08/2015 Author: William Charrington

The Law Society, the Bar Council and CILEx have introduced new guidelines (available here) to assist lawyers who face litigants in person ('LiPs') in the civil courts and tribunals. In-hou...

Educational institutions paying investment manager fees may be in line to recover associated VAT

Date Posted: 03/08/2015 Author: Charlotte Black

Cambridge University has recently won confirmation that it can treat the fees of its investment fund managers as part of the university's general costs (overheads) enabling a partial recovery of the VAT charged on those fees.

The issue was first considered in 2013 by the First Tier Tribunal of the tax chamber which decided in the university's favour. Last month the...

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