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Briefings

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

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 publication: “Careers guidance and inspiration in schools”

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

This April, the Department published two documents under this title: statutory guidance and non-statutory departmental advice. These are dealt with separately, below.

Both papers concern the statutory duty – applicable to maintained schools – to provide careers guidance to all pupils in years 8-13. Because the duty does not apply to independ...

The Special Educational Needs and Disability Regulations 2014

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

These regulations were made under the Children and Families Act 2014, which replaces the old special educational needs framework with a more comprehensive system under which the educational, health and care needs of children and young people aged 0 to 25 will be considered and dealt with in a single EHC plan.

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...

The U.K. High Court's Recent Award of Compensation for Distress Caused by a Breach of the Data Protection Act

Date Posted: 24/07/2014 Author: Helen Mulligan & Owen O'Rorke

This article appeared in the July edition of Bloomberg BNA (Volume 14, Number 7), reproduced here with the kind permission of the editor.

The right to access to one’s own ‘‘personal data’’, subject to certain exemptions and limitations, has now been part of U.K. law for some 30 years. Under the Data Protection Act 1998 (‘‘DPA’’), an individual dissatisfied with ...

European Court upholds academic freedom: Mustafa Erdogan and Others v Turkey

Date Posted: 24/07/2014 Author: Jennifer Agate

The European Court has underlined the importance of academic freedom, finding that the principle is not restricted to research but extends to the freedom of academics to express their views and opinions in areas of their professional expertise.  The case concerned proceedings in the Turkish national courts, where a law professor, an editor and a publisher had been order...

Schools Bulletin Summer 2014

Date Posted: 24/07/2014 Author: David Smellie

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 Summer 2014 edition of the Schools Bulletin.

Try, try and try again: What to look out for in the new IHT regime for trusts

Date Posted: 23/07/2014 Author: Debbie Pennington

The Government recently published the third consultation paper on the proposed changes to the inheritance tax (IHT) treatment of trusts.  The stated purpose of the consultation is to simplify the IHT treatment of trusts but the real purpose appears to be to put a stop to tax planning using multiple trusts.  It is likely that the law has already...

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.

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