Alerts
Alerts archive 2009

More Regulators to be subject to the principles of good regulation

From 1 October 2009 more regulators will be under duties to have regard to the principles of good regulation and the Regulators' Compliance Code.

Construction operations – the rule and the exceptions

The right to refer disputes to adjudication is mandatory under the Housing Grants, Construction and Regeneration Act 1996 - but only where the contract in question is related to the carrying out of "construction operations", as defined.

Cloud computing: the journey has just begun

What is cloud computing, and why does it matter? What do IT lawyers need to be considering when dealing with the concept and what are the legal risks?

Deflation, revaluation and pension increases - can pensions be reduced?

For the first time in decades, the UK has had short periods where the retail prices index has been negative, causing deflation. Naturally, there is concern about whether this is a short-lived issue or the start of a sustained period of deflation.

A fresh look

Spring is a good time to clear out the clutter and take a fresh look at things. Pension schemes often benefit from a spring clean too, so Wragge & Co's Pensions team take a look at recent developments to identify those issues that could use a fresh look.

Banking update: report and review on recent cases and issues

Guarantees and variations, unjust statutory demand and civil restraint orders, Wragge & Co's Banking and Finance experts bring you the latest on the cases and issues affecting the lending industry.

Big boost for brands

In a dispute concerning downmarket fragrances intended to be smell-a-likes for several of L'Oreal's famous perfumes, the European Court of Justice (ECJ) has provided guidance to the UK Court of Appeal which will be welcomed by many brand owners.

Holiday for the long-term sick

Every worker has the statutory right to 5.6 weeks paid holiday a year. This seems straight forward, but after nearly a decade of litigation it is clear that it is anything but.

The pros and cons of different methods of dispute resolution: a run round the bay

With a plethora of dispute resolution methods available, selecting the right one can be difficult and the implications may be significant.

Court of Appeal and ECJ beg to differ on legality of shared service arrangements: Brent LBC v Risk Management Partners (the LAML case) and Commission v Germany

On 9 June 2009, the Court of Appeal handed down its judgment in Brent LBC v Risk Management Partners, upholding the insurance provider's claim for damages for breach of the procurement rules.

Beat surrender

Last week saw van maker LDV placed into administration. The ripple effect will be felt far and wide, touching LDV's suppliers, and those who supply goods and services to LDV's suppliers.

Promoting well-being - caution rules again? Brent LBC v Risk Management Partners: (the LAML case) part one

For many years, innovative actions by local authorities have been stifled by concerns over the scope of their powers. Some legislation contains deliberate and specific constraints on local authority activities.

Beware right to buy delays

In the case of Hanoman v Southwark London Borough Council, the House of Lords held that housing benefit from the local authority did constitute a 'payment of rent' for the purposes of s153B Housing Act 1985.

Property update - June 2009

Wragge & Co's real estate experts bring you the latest property law issues. Read their comment on these issues and take note of any action points that will help you and your organisation.

Budget 2009 - restricting tax relief for pension contributions - watch out just who it will catch

The Government has introduced a new measure to restrict tax relief for pension savers earning over £150,000 per year to the basic rate of tax of 20%. This has generated much publicity but just who could this affect?

Famous names and trade mark registrations

In the Fiorucci v Ohim case, the Court of First Instance considered whether the use by a third party of a trade mark consisting of the first name and surname of Italian designer Elio Fiorucci would mislead the public.

Help is at hand: New BSI standard for data protection

Following a three-month consultation with the industry, government, academia and consumers, but not the Information Commissioner's Office (ICO), on Tuesday 2 June BSI launched the first British Standard relating to personal data management.

Is eBay an IP pirate or merely the unaware ocean over which such pirates may sail?

In L'Oreal v eBay, the English High Court has held that eBay was not jointly liable for the trade mark infringements committed by several users of its website (named in the action as the fourth to tenth Defendants).

Shareholder rights

Although the Companies Act 2006 is not even yet fully in force, some of its provisions are already to be amended.

Pirate Bay has no safe harbour in E-Commerce Directive

The Stockholm District Court has issued its decision on case B13301-06 regarding the infamous Pirate Bay website. It concerns not only criminal breaches of copyright but also the E-Commerce Directive (2000/31/EC) safe harbour provisions.

Greater flexibility for trivial commutation and payments made in error

The long-awaited regulations dealing with trivial commutation and payments made in error have now come into force.

No liability for employer for work equipment not within their control

In the case of Smith -v- Northamptonshire Council the House of Lords decided that equipment supplied by a third party and not within the control of the employer, should not be considered to be "work equipment" and "provided for use at work".