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

Will rectification after Marley v Rawlings

Date Posted: 01/01/0001 Author: Adam Carvalho

This article appeared in the July edition of Contentious Trusts and Estates (STEP Journal, Volume 22/Issue 6), reproduced here with the kind permission of the editor.

Schools Bulletin - Spring 2014

Date Posted: 01/01/0001

Our bulletins aim to keep you up to date with changes in the sector as they happen. Please click on the link below to read the Spring 2014 edition of the Schools Bulletin.

Back to the future: forward selling future income

Date Posted: 23/07/2014 Author: Martin Blake

The ability of sporting organisations to raise debt finance in the last few years has been mixed - those already wealthy or with tangible collateral such as land have generally been able to raise funds when needed, albeit lenders have been more acutely aware of reputational issues when things go wrong. Those sporting organisations not so fortunate have struggled to find trad...

UK Copyright infringement exceptions – how the changes will affect you.

Date Posted: 15/07/2014 Author: Peter Wienand and Owen O'Rorke

As of 1 June this year, the first of five new statutory instruments governing exceptions to UK copyright infringement came into effect. The changes to the relevant sections of the Copyright Designs and Patents Act 1988 (“CDPA”) apply to works including books, photographs, music and film and have the effect of broadening the available exceptions to infringing use.

Tick-box exercises? Pre-selected donations, Gift Aid admissions and recent changes in consumer law

Date Posted: 11/07/2014 Author: Julian Smith and Laetitia Ransley

Last month we commented on some of the legal implications of the implementation of the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, and in particular their potential impact...

Fashion Magpies: Karen Millen Fashions Ltd v Dunnes Stores, Dunnes Stores (Limerick) Ltd

Date Posted: 10/07/2014 Author: Anthony Misquitta

Can a fashion designer ever claim any design rights in a combination of pre-existing designs that have been artfully combined into something new? This was one of the questions posed of the ECJ by the Irish Courts in a case concerning the design of a shirt made up of a number of design features that had all, individually, been seen before, but had never been combined in preci...

Magmatic Limited v PMS International Limited: Designs Different by a Whisker

Date Posted: 08/07/2014 Author: Emily Arnold

On 28 February 2014 the Court of Appeal handed down its judgment in the case of Magmatic Limited v PMS International Limited [2014] EWCA Civ 181.  Overturning the decision of Arnold J in the High Court, the Court of Appeal found that the PMS Kiddee Case did not infringe Magmatic Limited's Community Registered Design (CRD) for its ride-on Trunki suitcas...

Inn the Field of Play - July 2014

Date Posted: 08/07/2014 Author: Udo Onwere and Thomas Rudkin

As we enter the height of the summer, we also reach the end of two major sporting events. This month we consider separate contentious issues arising in both these tournaments. Firstly we reflect upon the controversial biting incident involving Luis Suarez at the 2014 FIFA World Cup and, secondly, we review the income tax treatment of non-residential players at the Wimbledon ...

Tyson Gay returns after a one-year ban

Date Posted: 02/07/2014 Author: Kate Allass

All eyes will be on the disgraced American sprinter Tyson Gay tomorrow as he returns to elite athletics at the Lausanne Diamond League meeting, only one year after testing positive for deliberate anabolic steroid use.

His early return is controversial, and comes amid accusations that the US Anti-Doping Agency was unduly lenient when deciding...

Consumer rights have changed – how do they affect you and your business?

Date Posted: 30/06/2014 Author: Alan Baker

Various protections have, of course, been in place for many years in respect of how businesses must treat their customers who are not themselves businesses (known as 'consumers'). These protections have however recently been overhauled – and expanded – through changes set out in a number of pieces of legislation.

Asset Protection and Enhancement for International Property Investors

Date Posted: 26/06/2014 Author: Charles Anderson

A number of recent high profile Court decisions and some new core property legislation serve as a prompt to property investors for a due diligence exercise so as, at best, to optimise assets and, at least, to protect asset value.

Farrer & Co's Property Team have been working with international clients and their surveyors to take ...

Is tax planning dead?

Date Posted: 26/06/2014 Author: By Russell Cohen and Holly Jones

The impact of anti-abuse rules and reputational issues associated with tax planning

UK tax breaks for non–resident sports individuals

Date Posted: 26/06/2014 Author: Udo Onwere

The author Mark Twain once quipped that the difference between a taxidermist and a tax collector is that a taxidermist only takes your skin. The witty and cynical Twain might have been pleasantly surprised, however, by recent generous treatment of non-UK resident sports individuals by HM Revenue & Customs (HMRC). This article gives a brief outline of the recent applicati...

Special Contribution – a terrible mistake?

Date Posted: 24/06/2014 Author: Hannah Garner

In a recent judgment, the Family Court of Australia, stated that “...the notion of special contribution has all been a terrible mistake .  Special contribution is one means by which the financially stronger party to a marriage can seek a larger share of the matrimonial pot upon divorce. 

What is the state of the law here, and is it likely that our courts w...

Scrapheap challenge: How can unmarried couples protect themselves?

Date Posted: 24/06/2014 Author: Frederick Tatham

The President of the Family Division, Sir James Munby, hit the headlines recently when he highlighted the plight of unmarried women  on the breakdown of long, cohabiting relationships.  He described how such a woman is thrown on the scrapheap at a time when she has lost her earning potential because of her age and because of the time she has been out of empl...

Determining habitual residence - is home where the heart is?

Date Posted: 24/06/2014 Author: Josephine Fay

As the world gets ever smaller, families are becoming increasingly international.  It is not unusual to see a family made up of parents of different nationalities, living (and bringing up their family) in a third country. 

On the breakdown of a 'multi-jurisdictional' relationship such as this, if issues in relation to the childre...

Flannelled fools and paper tigers or, how pre-nuptial agreements from overseas need an English spin

Date Posted: 24/06/2014 Author: Nicholas Bennett

A standing joke, and a condescending one, is that the rules of cricket are impossible to explain to anyone from outside the old British Empire: they can only properly be understood through a haze of nostalgia, tea and cucumber sandwiches on an endless summer afternoon at Lord’s.

Permanently flexible

Date Posted: 24/06/2014 Author: Anna Gregory

Anna Gregory considers how UK law firms should manage the new legal rights of all permanent staff to request flexible working. Click on the pdf icon below to view the article in full.

Mortgage Market Review – A property professional's perspective with practical tips

Date Posted: 19/06/2014 Author: Susanna O'Leary

On 26 April 2014 most of the Mortgage Market Review (MMR) rules came into effect.  Whether or not you have noticed a slowdown in the processing of mortgage applications for borrowers, these rules are likely to affect the speed at which sale and purchase transactions can progress.  This briefing summarises the effect of some of the rules which are most likely to hav...

Agricultural Estates Newsletter Summer 2014

Date Posted: 17/06/2014 Author: James Maxwell

Any old bluffer about Keats (and I am one) will at some point mention 'negative capability'.  This was a quality Keats saw pre-eminently in Shakespeare:

'That is, when a man is capable of being in uncertainties, mysteries, doubts, without any irritable reaching after fact and reason'.

Keats was comparing what he saw as Shakespeare's rich recepti...

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