Alerts
Alerts archive 2009

Property Update - November/December 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.

Supreme Court hands down judgment in bank charges test case

The Supreme Court has handed down judgment in the highly publicised test case brought by the Office of Fair (OFT) against seven leading high street banks and one building society on the legality and fairness of bank charges.

A guide to health, safety and other prosecution risks - part 11. There's a rat in the kitchen, what am I gonna do?

Any business involved in the manufacture, preparation, storage, service or sale of food, even if only in the staff canteen, needs to be aware of and deal with the vast array of regulation with which it is required to comply.

Non-UK resident companies and liability to UK tax

It has been long-established law that the test for tax residence of a non-UK incorporated company is the place from which central management and control (CMC) is exercised. To answer this question requires a determination of by whom CMC is exercised.

Banking update: report and review on recent cases and issues

Wragge & Co's Banking and Finance experts bring you the latest on the cases and issues affecting the lending industry.

Energy Bill

Although the energy industry has had its fair share of parliamentary attention, one of the 13 new bills included in the Government's ambitious timetable for getting new law on the statute books before the next general election is the Energy Bill.

EU Commission steps up UK legal action over privacy and personal data protection

On 29 October, the EC moved to the second phase of infringement proceedings against the UK for failing to implement as national law the full protection of EU rules on privacy and personal data protection in relation to use of electronic communications.

'Fit for habitation' under The Defective Premises Act 1972

A guide to health, safety and other prosecution risks - part 10. ...as we protect those who trespass against us...

To what extent do trespassers need to be warned, protected, or prevented from coming onto property that might cause them harm?

Court of Appeal delivers judgment on meaning of credit: Southern Pacific Personal Loans Limited v Walker & another

The Court of Appeal in Southern Pacific Personal Loans Ltd v Walker & another has handed down a further judgment on whether an agreement is unenforceable on the ground of non-compliance with a requirement of the consumer credit legislation.

Perpetuities and Accumulations Act 2009

The Perpetuities and Accumulations Act received Royal Assent on 12 November. The Act radically alters the way in which the rule against perpetuities applies to property transactions.

Revoking unused marks and applying L'Oréal v Bellure to infringement arguments

A trade mark infringement claim will often provoke a counterclaim for revocation for five years non-use.

Regulating energy networks - future investment

In August 2009 we reported on Ofgem's Working Group paper, published as part of its RPI-X@20 Review is a two-year project to evaluate the current approach to regulating Great Britain's energy networks and to develop future policy recommendations.

Can trustees have an eye to the lifeboat?

In the Ilford case, the court was asked to determine whether, as a matter of principle, trustees could have regard to the availability of compensation under the Pension Protection Fund (PPF) when making their decisions.

A guide to health, safety and other prosecution risks - part 9. Driving in the course of employment - are you in the driving seat?

Approximately 20 people are killed and 250 seriously injured every week in crashes involving someone who was driving or otherwise using the road for work purposes.

Court of Appeal delivers judgment on meaning of multiple agreements under the Consumer Credit Act 1974

In our alert Meaning of multiple agreements under the Consumer Credit Act 1974, we reported on the High Court decision of HHJ Purle QC in Heath -v- Southern Pacific Mortgage Limited. The Court of Appeal has now handed down its judgment in the case.

A guide to health, safety and other prosecution risks - part 8. Total recall - dealing with a defective product

Wragge & Co's health and safety experts pose some essential questions for producers and/or distributors to consider and suggest some steps to take should a risk to consumers arise.