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How will the General Data Protection Regulation Impact the Art Sector? News - Briefing

Date: 20/10/2017 Authors : Ian De Freitas

The EU General Data Protection Regulation represents the biggest change in European data privacy laws in twenty years. The purpose of this article is to explain in very straightforward terms what GDPR means for galleries and auction houses and the steps that the sector needs to take to be ready b...

Charity Commission guidance: "Grant funding an organisation that isn't a charity" News - Briefing

Date: 19/10/2017 Authors : Laetitia Ransley

The Charity Commission has issued a revised (and now presumably final) version of its guidance on Grant funding an organisation that isn’t a charity .

Changes to the rules on People with Significant Control News - Briefing

Date: 19/10/2017 Authors : Elizabeth Jones

The Information about People with Significant Control (Amendment) Regulations 2017 (the Regulations ) came into force on 26 June 2017. The Regulations make minor changes to and extend the scope of the legislation requiring companies to keep a register of People with Significant Control ( PSCs ) a...

Is bridge a sport for VAT purposes? News - Briefing

Date: 19/10/2017 Authors : James Maloney, Rachel Holmes

Until eleven years ago, the advancement of amateur sport was only charitable in legal terms if the sport in question involved physical exertion (or if it was allied with another charitable purpose like education). The Charities Act 2006 expanded the range of sports that could be charitable in law...

Charity Governance Code News - Briefing

Date: 19/10/2017 Authors : Rachel Holmes

The Governance Code steering group has now published the final version of the updated Code. Or, rather, it has published two versions: one for "larger" charities (defined as having an annual income of over £1m and required to have its accounts audited), and one for smaller charities. In both, the...

Building in "interesting times": how to manage construction insolvency News - Briefing

Date: 19/10/2017 Authors : Edward Banyard Smith 

Undertaking construction can be challenging, even at the best of economic times. Because of the natural complexity of the construction process, building projects are inherently prone to risks: risk of delays, risk of unexpected additional cost and risk of design failure. To some degree, modern...

Suspension: not such a neutral act? News - Briefing

Date: 19/10/2017 Authors : Alice Cave

The recent case of Agoreyo v London Borough of Lambeth highlights the need for schools to think carefully before suspending an employee who is the subject of disciplinary allegations, and not just do so automatically. This is the case even where the allegations against the employee are extremely...

Cyber security for charities: a cause for concern? News - Briefing

Date: 19/10/2017 Authors : Owen O'Rorke, Sam Talbot Rice

The charity sector’s main concern around GDPR (the data protection regulation that comes into effect on 25 May 2018) has to date concerned fundraising practices. However, with a regular flow of stories in the media about data breaches, cyber attacks and hacking it is hard for anyone to ignore cyb...

Trustee remuneration and members' duties – implications of a recent court decision News - Briefing

Date: 19/10/2017 Authors : Philip Reed, Rachel Holmes

In the recent case of The Children's Investment Fund Foundation (UK) v Attorney General and others, the High Court had to decide whether to approve the making of a grant of US$360m (the Grant ) by The Children's Investment Fund Foundation ( CIFF ) to another charity, Big Win Philanthropy ( BWP )....

Buying or selling a school: where to begin? News - Briefing

Date: 19/10/2017 Authors : Emily Jamieson

The recent influx of instructions we have received on the sale or purchase of schools appears to reflect a strong period for M&A in the education sector as a whole. This includes not just schools but also nurseries, higher education establishments and education and training based businesses. The...

Changes to the Fundraising Code of Practice News - Briefing

Date: 19/10/2017 Authors : James Maloney, Rachel Holmes

In February 2017, the Fundraising Regulator (the Regulator) opened a consultation on proposed amendments to the Fundraising Code of Practice (the Code). As we wrote in an article published in March , the Regulator was not proposing a comprehensive overhaul of the Code; rather, it was consulting o...

Europe focuses on FinTech News - Briefing

Date: 18/10/2017 Authors : Andy Peterkin, Fiona Lowrie, Rachel Lowe

The European Commission has turned its regulatory searchlight on the FinTech industry. In a series of pronouncements made last month, it is clear that we can expect significantly more regulatory input in this area from Europe. As London is the leading FinTech hub in Europe, the effects of any...

Managing Reputations Through the Weinstein Wreckage News - Briefing

Date: 16/10/2017 Authors : Julian Pike

Very occasionally we witness the extraordinary unravelling of an individual or company reputation from which there is simply no return. Common features include: that events are completely unpredictable (at least from the outside); they invariably stem from a cultural falling which may be many yea...

Q4 2017 Commercial Forecast News - Briefing

Date: 09/10/2017 Authors : David Fletcher

This edition of the Commercial Forecast highlights some recent and upcoming changes to legislation and regulation about which our business clients should be aware heading into 2018. In this edition we look at cross-border judicial cooperation after Brexit; the simplification of employee terminati...

Inn the Field of Play - September 2017: Does Philanthropy Mata? News - Briefing

Date: 28/09/2017 Authors : James Maloney

Following Juan Mata's recent charity pledge, this month we consider the relationship between football and philanthropy.

Payment Services Directive 2: Open Up! News - Briefing

Date: 27/09/2017 Authors : Nandini Sur

What do the dentist and the Payment Services Directive 2 (PSD2) have in common? They both want you to open up!

Defamation is not dead: Court of Appeal rules that serious harm can be inferred News - Briefing

Date: 26/09/2017 Authors : Oliver Lock

Prior to January 2014, a claimant in a defamation claim had to demonstrate that the effect of the published words was to lower them in the estimation of right thinking members of society (ie the ordinary reasonable reader). However, since the Defamation Act 2013 came into force, judges have been...

Changing charity law for the better? The Law Commission's Report and the draft Charities Bill News - Briefing

Date: 22/09/2017 Authors : Elizabeth Jones

The complex nature of the Law Commission's Report on Technical Issues in Charity Law (the Report ) meant its publication on 14 September was greeted with little fanfare.  That should not detract from the wide-ranging changes to charity law that it recommends.

Retirement interest-only mortgages proposed by FCA News - Briefing

Date: 25/09/2017 Authors : Rachel Lowe

The FCA is currently working on a project about how the financial services sector meets or ought to meet the needs of an aging population.  One of the first major outputs from this project is the FCA's proposal to re-introduce retirement interest only mortgages.  This policy move was flagged in t...

Non-dom changes: clarity at last? News - Briefing

Date: 15/09/2017 Authors : Russell Cohen

You will be aware of the confusion and lack of clarity surrounding the UK government’s proposed reforms to the tax regime for non-domiciliaries (non-doms). Following draft legislation released Friday 8 September and further draft legislation released on Wednesday 13 September, the position finall...

Using data protection law to defend your reputation: what about the new Data Protection Bill? News - Briefing

Date: 01/09/2017 Authors : Alicia Mendonca, Michael Patrick

When your reputation is threatened, defamation law was traditionally the first port of call. However, since the introduction of the "serious harm" requirement into the Defamation Act 2013, claimants and their advisors have sought out a number of alternative causes of action to protect their...

Inn the Field of Play - August 2017: Social Media in a Sporting Context News - Briefing

Date: 31/08/2017 Authors : Tom Rudkin, Alicia Mendonca

At the end of July, four men were sentenced to long jail sentences after stealing over £400,000 of designer goods from John Terry's home.  As has been widely reported, Terry had posted a picture on Instagram of his holiday in the French Alps, alerting the internet and specifically the soon-to-be...

Brand owners can restrict sales of luxury goods on third party online platforms: EU Advocate General opinion favours luxury brands News - Briefing

Date: 31/08/2017 Authors : Emily Arnold, Peter Wienand

It has long been recognised that luxury brands have a legitimate interest in controlling the physical environment in which their goods are sold – and that this does not necessarily amount to anti-competitive conduct.  The issue has now come up in the context of online sales via third party...

Cross-border disputes post Brexit – UK Government's proposed legal framework News - Briefing

Date: 30/08/2017 Authors : David Fletcher, William Charrington

Last week the Government published a series of position papers designed to address key issues in the Brexit negotiations. As the countdown to March 2019 continues, British businesses and financial services have been seeking assurances from the Government as to what a post-Brexit world will look...

Historic Houses and Image Licensing News - Briefing

Date: 25/08/2017 Authors : Emily Arnold

This article was published in the Autumn issue of Historic House: The Historic Houses Association Magazine and is reproduced by kind permission.

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