Directors' duties and shareholder circulars - and why (a little) legalese may be no bad thing

There was no shortage of grievances to discuss when HBOS shareholders met in December to consider the takeover of their bank by Lloyds TSB.

Providing more homes for rent during the credit crunch: The Homes and Communities Agency's National Clearing House programme

In the summer, the Government announced plans to bring unsold private sector developer stock into the affordable housing sector by providing £200 million funding through the then Housing Corporation's affordable housing programme.

Advocate General's opinion in Case C-59/08 Copad v Dior - a broad understanding of quality control in trade mark licences?

In Copad v Dior the Advocate General (AG) has advised the European Court of Justice (ECJ) on whether a licensee's failure to comply with provisions in a trade mark licence may prevent the exhaustion of the owner's rights in the mark.

Europe rules against embryonic stem cells patent

The Enlarged Board of the European Patent Office has held Wisconsin Alumni Research Foundation's patent application to be contrary to morality for the purposes of Article 53(a) of the European Patent Convention.

A new year, some new deadlines

We thought we'd take a look at some pensions deadlines coming up soon.

Letters of Request: obtaining evidence in England and Wales

Do you need to obtain oral or documentary evidence from a company or an individual in England or Wales? Do you know what sorts of evidence you can obtain? Can you force a witness to answer your questions? Having trouble finding a witness?

Adjudication enforcement proceedings: how to succeed with a set-off defence

When an adjudicator decides that one party must pay money to another, can the paying party successfully resist enforcement proceedings by exercising a right of set-off?

In, out, shake it all about - where are we on choice of law in Rome 1?

All businesses entering into international transactions should be aware of changes on the horizon affecting choice of law in contract.

Property update - January 2009

Wragge & Co's real estate experts bring you the latest property law issues.

Employment Law - 2008 review/2009 preview: Part 2

In Part 2 of our year review/preview we look forward to the anticipated judicial and legislative trends for employment law in 2009.

New Year's resolution to "become a better customer" - the OGC launches new toolkit for public sector IT procurements

Two new procurement tools were launched on 9 January 2009 by the Office of Government Commerce to help public sector bodies taking on large, complex IT projects. The two tools consist of a PQT and JSI.

Planning for an upturn

The Wragge & Co Tax team tips for making the most of tax opportunities now and preparing for when the upturn comes.

Enforcing foreign judgments

Your client wants to sue an English company in the US. But will the defendant participate? What if they do not? Will any ensuing judgment be enforceable?

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.

Employees in Europe?

"Firing in France? Hiring in Germany? Moving to Ireland? Selling in Spain?

If you are doing any of these, you'll want to check out our new European Employment Checkpoint.

Right to Buy

The decision of the Lands Tribunal in Leicester City Council v Theo Master will be of interest to all landlords seeking to establish a reserve service charge fund for future repairs in Right to Buy properties.

BUD v BUD - Appellation of origin v Community trade mark applications

Budejovický Budvar, národní podnik v Office of Harmonization in the Internal Market - with intervener Anheuser Busch Inc. Joined Cases T-225/06, T-255/06, T-257/06 and T-309/06: Decision of the Court of First Instance - 16 December 2008).

Did you know they were going to sell the marked goods in the EU? What happens when a witness lies?

KJM Superbikes Ltd v Hinton [2008] EWCA Civ 1280 was an appeal by KJM Superbikes Limited against a decision by Sir Andrew Park in the High Court in which he denied KJM permission to bring proceedings for contempt of court against Mr Anthony James Hinton.

HMRC cashback

The headlines can make it feel as though hanging on for dear life is the only thing left to do in this economy. However, the same economic cycle that's brought us to this point can bring up some useful opportunities for those that spot them.

German Federal Supreme Court sends adwords question to the ECJ

Yesterday the German Federal Supreme Court (BGH) published its keenly anticipated decisions on three adword cases. The BGH found no trade mark infringement in two cases. It referred the main adword question to the European Court of Justice.

Holiday windfall for long-term sick

Employees on long-term sick continue to accrue holiday which they can take when they finally return to work, says the European Court of Justice.

Litigation survival guide - part 1. Escape to victory: points to consider when terminating a contract

For a number of reasons you may wish to consider whether you can terminate a contractual relationship you have entered into. During periods of economic downturn the instances of this are greater.

Dealing with Madoff

The publicity surrounding the Madoff scandal is set to increase. With the Serious Fraud Office investigation now underway in the UK, it is increasingly likely that investors will seek to recover their losses from financial institutions.

Fast-tracking procurements of 'major public projects'

The European Commission has announced that it is prepared to accept more widespread use of the accelerated restricted procedure to procure 'major public projects' in 2009 and 2010 due to the current economic climate.

Open source software: the top 10 open source licences

Open source software is now in widespread use but the terms of use and the associated risks are generally poorly understood. We pose some key questions and provide our view on the answers.

The Pharmaceutical Sector Inquiry Preliminary Report: patent-related issues raised relevant to all patent intensive industries

Wragge & Co's first analysis of the EU Commission's preliminary report on the pharmaceutical sector looked at regulatory issues covered by the preliminary report. The IP team now moves on to consider the patent-related practices.

When the going gets tough, the taxman gets tougher

Tips for action to take from Wragge & Co's Tax team to help businesses prepare for HMRC's tough tactics.

Making investments in UK real estate - a tax haven for non-UK residents?

There are many factors making the United Kingdom an attractive investment destination for a non-UK resident. One of these factors is favourable UK tax treatment and tax incentives given to investment in UK real estate.

Meaning of multiple agreements under the Consumer Credit Act 1974

A debtor might argue that a loan entered into pre 6 April 2007 in excess of £25,000 can still be subjected to a challenge under the provisions of the Consumer Credit Act 1974 on the basis that it falls to be considered as a multiple agreement.

Reclaiming tax from the Netherlands

UK pension funds which received dividends from Dutch companies on or before 31 December 2006 can now reclaim tax that was withheld on those dividends by the Netherlands tax authorities - claims will be possible for tax withheld as far back as 2003.

Low fat, high risk? BCAP consultation on nutrition and health claims

The Nutrition and Health Claims Regulations 1925/2006, effective from 1 July 2007, are the first piece of specific legislation that places controls on the use of nutrition and health claims in the advertising and labelling of foods.

Google fined for adwords policy

Google has been fined 350,000 euros by a French court for trade mark infringement resulting from its "adwords" policy. Kate Swaine, director in Wragge & Co's brands team, says "This issue is not going anyway for Google."

Litigation survival guide - part 2. Keep your friends close, keep your suppliers/customers closer - avoiding problems in the supply chain

Surviving the economic downturn is not just about looking after your own business. Monitoring the performance of significant customers/suppliers can be crucial to your financial performance.

Employees: to employ or not to employ? And should we all be making sacrifices now?

The headlines can make it feel as though hanging on for dear life is the only thing left to do in this economy: however, the same economic cycle that's brought us to this point can bring up some useful opportunities for those that spot them.

Don't take shortcuts: Ensure your deeds and documents are properly executed

Proper execution of deeds and documents is of absolutely fundamental importance. It is even more so in the current economic climate when parties, including insolvency practitioners, may seek to avoid legal obligations.

Research & Development tax credits - can you make or defend a claim?

The Research & Development (R&D) tax credits help companies to invest more in R&D either by reducing a company's tax bill or, for some loss-making small or medium sized companies (SMEs), by providing a cash sum.

Waiving goodbye to a 'no-waiver clause'?

A party with the right to terminate an agreement for the other party's breach can lose that right even if that agreement contains a "no-waiver clause".

An opportunity for Insolvency Practitioners: no TUPE in pre-pack administrations?

The EAT has taken TUPE in a radical and, to Insolvency Practitioners, perhaps a welcome direction. The effect of the decision in Oakland v Wellswood (Yorkshire) Ltd is that it does not apply where a business is bought out of a pre-pack administration.

Property update - February 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.

Litigation survival guide - part 3. Retention of title: sellers beware!

With the effect of the global credit crunch hitting national and international trade, sellers should take a close look at their standard terms and conditions of sale to ensure that they have a valid retention of title (ROT) clause.

Planning an Annual General Meeting (AGM) in 2009

Companies on the Official List of the London Stock Exchange need to consider the latest regulatory changes and best practice guidance when planning their 2009 AGM.

Social networking sites sign up to EU code on child safety

Seventeen social networking websites have signed up to a European Commission voluntary code of practice. The code is designed to stamp out online bullying of children and raise awareness of how children can protect their personal information.

Do smell-a-likes and look-a-likes take unfair advantage?

Advocate General Mengozzi of the European Court of Justice (ECJ) has delivered his opinion on the dispute between L'Oreal and Bellure relating to "smell-a-like" perfumes and "look-a-like" packaging.

Notable changes in the Third Amendment to China's Patent Law

In January 2009, China's National People's Congress finally approved the third amendment of China's Patent Law after more than two years' deliberation.

An A-Z of Islamic finance

Do you know your Maliki from your Muamalat? Or your Bai al ina from your Bay? Read a glossary of need-to-know terms from Wragge & Co's Islamic finance specialists.

Heart valve case by-passes experimental-use exemption

There is a dearth of UK case law on the application and scope of the experimental-use defence since the 1985 Monsanto v Stauffer decision.

Something for nothing... and your dividends for free

Practical tips for action to take from Wragge & Co's Tax team: get something for nothing and your dividends for free.

What you need to know about climate change law

In October 2008, the UK Government created the Department for Energy and Climate Change, recognising the central role of energy in the climate change agenda. It's a global issue, to which global solutions (such as the Kyoto Protocol) have been proposed.

Acting, noting and watching

Pension schemes sit in the wider economic context so it's understandable that much attention is being placed on how they should respond to the current financial turmoil.

The ECJ provides further re-packaging guidance in the ZOVIRAX parallel imports case

The European Court of Justice has ruled on The Wellcome Foundation Ltd v Paranova Pharmazeutika Handels GmbH, 22 December 2008 (C-276/05).

Litigation survival guide - part 4. Winding-up your corporate debtor

The threat of insolvency proceedings against a corporate debtor can greatly assist a creditor's primary objective of getting paid, preferably in advance of everyone else.

Research scientist becomes a millionaire following first ever successful UK employee inventor compensation scheme claim

The UK High Court has granted its first-ever award of compensation under section 40 of the Patents Act 1977.

The Pensions Regulator's latest statement on scheme funding: revolution or evolution?

The Pensions Regulator has issued a follow-up statement to the one it issued last autumn on scheme funding in the current economic climate. The statement as reported in the press appeared to give grounds for serious concerns.

London calling? - ECJ judgment delivered in West Tankers

The European Court of Justice has now delivered its decision in Allianz SpA v West Tankers Inc. It endorses the Advocate-General's Opinion.

To buy or not to buy - when is the question

The headlines can make it feel as though hanging on for dear life is the only thing left to do in this economy. However, the same economic cycle that's brought us to this point can bring up some useful opportunities for those that spot them.

To buy or not to buy - when is the question

The headlines can make it feel as though hanging on for dear life is the only thing left to do in this economy. However, the same economic cycle that's brought us to this point can bring up some useful opportunities for those that spot them.

Banking update: report and review on recent cases and issues

Charging orders and intervening bankruptcy, enforcement of undertakings, disclosure under the Proceeds of Crime Act, Wragge & Co's banking and finance experts bring you the latest on the cases and issues affecting the lending industry.

Litigation survival guide - part 5. Responding to the threat of winding-up

Although service of a statutory demand or winding-up petition on a company is a blunt and unsophisticated debt recovery tool, it will often have the desired effect for a creditor as they are seldom ignored and ignored only at the company's peril.

Opinions of the House of Lords in Generics (UK) Limited & others v. H Lundbeck A/S

The House of Lords has today handed down its opinions in the patent revocation battle between Generics and Lundbeck relating to Lundbeck's patent for the (+) enantiomer of citalopram, a leading anti-depressant drug.

Companies Act 2006: provisions coming into force on 1 October 2009

October 2009 will see the final round of implementation of the Companies Act 2006. This will bring to an end almost three years of changes in company law.

Good consultation - further clarity from the High Court

Two decisions of the High Court in judicial reviews involving the Boundary Committee for England provide helpful guidance to public bodies operating under a statutory duty to consult.

Adjudicators' fees and late Referral Notices

The losing party in an adjudication usually ends up paying the fees of the adjudicator.These fees can be high, especially if the adjudication goes beyond the 28 or 42 days envisaged by the Construction Act.

Backdated business rates - paying in instalments

On 9 March 2009 regulations will come into force allowing for backdated business rates to be paid in instalments where a rating list is altered with retrospective effect.

Patentable subject matter again - decision of Mr Justice Lewison in AT&T Knowledge Ventures LP's Application and CVON Innovations Limited's Application

Mr Justice Lewison has today handed down his judgment in two appeals from the Patent Office. The cases raised similar issues about excluded subject matter.

Litigation survival guide - part 6. Regulatory breaches - steps in the right direction

We live in an ever more regulated age. European and global markets are increasingly regulated and this trend looks set to continue.

Now for the science bit... ASA Olay adjudication

The Advertising Standards Agency has this week banned an Olay Regenerist skincare cream TV advert. The ruling should ring alarm bells for all advertisers relying on trial or survey data to support their marketing claims.

The Heyday saga: back from Europe

The Heyday challenge to a state retirement age of 65 has now completed its European outing.

Property update - March 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.

Litigation survival guide - part 7. Think before you claim

You might have a good claim, but jumping in with a strongly worded letter threatening court proceedings if settlement is not achieved by return of post is not necessarily the best way of achieving your desired outcome.

Companies Act 2006: provisions coming into force on 1 October 2009 - part 2

October 2009 will see the final round of implementation of the Companies Act 2006. This will bring to an end almost three years of changes in company law.

How liable is a trustee?

The current unsettled times are prompting pension scheme trustees to review their own personal liability position. Good scheme governance reduces the risk of claims, but even the very best governed schemes may experience a claim from a member.

Litigation survival guide - part 8. Cost-effective litigation

Although litigation should always be conducted in a cost-effective manner, in periods of economic downturn this becomes increasingly more important.

Silberquelle v Maselli: ECJ confirms Advocate General's opinion on when promotional use of a registered trade mark is not "genuine use"

The European Court of Justice has confirmed that where a proprietor of a mark affixes that mark to free items that it gives to purchasers of its goods, it does not make genuine use of that mark in respect to the class related to the items.

Don't lose your enhanced and primary protection - register by 5th April 2009

You may remember that we highlighted in our January alert 'a new year, some new deadlines' the deadline of 6 April 2009 for members who want to take advantage of the enhanced and primary protection regime.

Sofia, so good? First IP reference to the ECJ from Bulgaria clarifies the scope of protection for databases

The right to prohibit extraction and re-utilisation of a substantial part of a protected database was established more than a decade ago by Directive 96/9/EC. The European Court of Justice has only provided guidance on its interpretation in three cases.

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.

The dead hand of TUPE: old agreements bind new employers

Employers can be forced to implement pay rises they never agreed or even discussed: that is the effect of a UK case on TUPE.

Are you getting maximum bang for your IP buck?

Intangible assets, of which Intellectual Property (IP) is often the most significant, represent more than 50% of the value of most companies. But these assets are coming under increased scrutiny.

Litigation survival guide - part 9. Privilege - top five Q&As

Privilege is a complex area which can be the source of much confusion. The rules on privilege play a key role in the obligation to disclose documents which is an important stage in any litigated dispute.

Between a rock and a hard place? The predicament of the nominee director

Nominee directors play a pivotal role in business. Yet to explain the legal status of the nominee director is far from straightforward. Certainly it is a job made no easier by the Companies Act 2006.

Investment funds - surviving the downturn: avoiding claims and knowing how to deal with them if they arise

The credit crunch has had a grim and unsparing impact upon most markets. Asset prices and investment returns have fallen globally - albeit some markets and products have been affected more (or less) severely than others.

Striking up a partnership: the Regulatory Enforcement and Sanctions Act 2008 - a summary for businesses

A key part of the Regulatory Enforcement and Sanctions Act 2008 is due to come into force on 6 April 2009.

When are overseas trust companies UK resident?

On 27 January 2009 HM Revenue & Customs published draft guidance on the application of the residence tests to overseas trust companies. This guidance is important and relevant to investors holding an interest (or units) in an offshore trust or unit trust.

Legal representation and human rights - the impact on disciplinary procedures

Up to now, employers have only had to deal with the former, at least in internal disciplinary hearings where in the absence of any contractual rights to do so, employees could only be accompanied by a colleague or trade union rep.

Litigation survival guide - part 10. To use or not to use? That is the without prejudice question

If I stick without prejudice on this email, I can't go wrong. Wrong!

Unfair dismissal - think twice before dismissing members of a final salary scheme

In a case in February, the Employment Appeal Tribunal confirmed that a tribunal is entitled to differentiate between a final salary pension scheme and a money purchase scheme when awarding compensation to an unfairly dismissed employee.

Monitor strengthens the hand of the NHS Co-operation and Competition Panel

In January 2009, the Co-operation and Competition Panel for NHS-funded services opened for business. The panel will investigate and advise the Secretary of State for Health and Monitor on potential competition breaches.

The Renewables Obligation 2009: a new order

The 2009 vintage of the Renewables Obligation for England & Wales, Scotland and Northern Ireland became law this week.

Debt Relief Orders - the latest tool in the debt relief toolbox

For debtors with limited liabilities, little surplus income and minimal gross assets, the new Debt Relief Order (DRO) is a further tool to consider in managing their debts.

Getting their © grooves back

Many IP agreements include a clause which specifies certain consequences if material breaches are not remedied after a period of notice. More clarity on this issue has now come from the English High Court.

Limited liability partnerships and UK real estate

The Limited Liability Partnerships Act 2000 created a new form of legal entity known as a LLP, which has unlimited legal capacity and can be used to carry on any form of lawful business including dealing with UK real estate development and investment.

ICO guidance on monitoring and enforcing compliance with model publication scheme

The Information Commissioner's Office has issued a notice setting out how it will monitor and enforce the adoption by public authorities of the new model publication scheme to comply with their obligations under the Freedom of Information Act.

Litigation survival guide - part 11. Time is (recoverable) money. Recovering wasted staff and management time

When a dispute arises which subsequently leads to litigation, the internal costs of investigating and dealing with the problem can be significant.

Property update - April 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.

The Community Infrastructure Levy

Regeneration and development requires additional infrastructure to support it. The CIL is a new statutory planning tariff which will aim to ensure that a proportion of the cost of providing that infrastructure is obtained from landowners and developers.

More change on the way

Two new sets of regulations have been laid, making a mixed bag of amendments to pensions legislation. In the main, the changes are likely to be welcomed, although some opportunities have been missed, for example in relation to scheme investments.

Litigation survival guide - part 12. Meeting your disclosure obligations

Disclosure is an integral and essential part of the litigation process.

Google suffers setback in Adword dispute in US Court of Appeals

The US Court of Appeals for the Second Circuit has allowed an appeal by Rescuecom that Google's use of Rescuecom's trade mark could amount to "use in commerce".

Questions on Supplementary Protection Certificates referred to the European Court of Justice

The English High Court has sought guidance from the European Court of Justice (ECJ) relating to the validity of a Supplementary Protection Certificate.

Further judicial guidance on the employment status of casual workers

In the case of R v Pola, the Court of Appeal has provided further guidance as to when a casual worker will be considered to be an employee for the purposes of the Health and Safety at Work etc. Act 1974 (the 'Act').

IP or no IP? Is that the question?

With asset values on the whole diminishing, a number of funders are revisiting their corporate loan portfolios to examine their security packages, both in relation to valuation and enforceability. Are lenders as secure as they thought?

A Budget for real estate?

Today Chancellor Alistair Darling made his second, and one of the most eagerly awaited, Budget statements. Is this a Budget for real estate? The good news is limited.

Litigation survival guide - part 13. Offers to settle under Part 36

In any litigation, but possibly more so in times of economic downturn, considering offers of settlement is crucial. If an offer is accepted you will save on legal and management costs.

Budget 2009 sukuk: Real estate from an Islamic perspective

The sukuk market was booming in 2007 but has since come to a standstill.

Corporate manslaughter

The first prosecution under the Corporate Manslaughter and Homicide Act 2007 has sent a strong message to organisations, fail to provide a safe working environment and end up charged.

European Court gives boost to selective distribution strategies for luxury trade mark owners

The European Court of Justice (ECJ) has provided guidance, which strengthens the ability of luxury trade mark owners to maintain and enforce a selective distribution network for branded goods.

The high street fights back - eBay censured by ASA

The Advertising Standards Authority (ASA) has banned a poster advert for eBay which claimed that the online retailer was "25% cheaper than the high street on brand new items."

Poor Phorm - the UK Government in legal hot water

The European Commission has launched proceedings against the UK Government for alleged infringement of data privacy laws in connection with Phorm, the controversial advertising platform.

Government unveils new trade credit insurance scheme

A £5 billion initiative, unveiled as part of Wednesday's Budget, will enable companies which have had their trade credit insurance cover reduced by traditional providers to purchase 'top-up' credit insurance from the Government.

Banking update: report and review on recent cases and issues

Unenforceable terms in existing consumer contracts, guarantee or indemnity, stay upheld in bank charges case and assignment of judgment debts.

IP in the UK budget

A first glance through the Budget - and the 222 pages of notes produced by the Treasury - didn't look promising.

Software patents in Europe

Alison Brimelow, President of the European Patent Office (EPO), has entered the fray on the vexed subject of the patentability of software and has referred various questions to the Enlarged Board of Appeal.

Local authority's duty to house a homeless minor

The Court of Appeal's decision in the case Alexander-David -v- London Borough of Hammersmith and Fulham (2009) EWCA Civ 259, provides local housing authorities (LHA) with practical and approved suggestions on its duty to house a homeless minor.

Litigation survival guide - part 14. Mediation - do you have to and why should you?

Parties should always be alert to the possibility of mediation as an alternative form of dispute resolution. This is particularly so in the current economic climate as mediation can resolve a dispute in a short time frame.

Springtime comes to German merger filings...

Recent changes to German competition law have heralded in Spring for corporate and antitrust lawyers engaged in multi-jurisdictional mergers.

Alternative Investment Fund Managers Directive - a sledgehammer to crack a nut?!

This week the European Commission revealed its proposals for a directive on Alternative Investment Fund Managers.

OGC announces tightening of penalties for public procurement abuses

On 30 April 2009, the Office of Government Commerce (OGC) launched its 12-week long second-stage consultation on the implementation in UK law of the new Remedies Directive (Council Directive 2007/66/EC).

Litigation survival guide - part 15. Securing the costs of your litigation

Litigation can be costly. Having to defend an unmeritorious claim made by a financially unstable company is the worst case scenario for any defendant and, in a period of economic downturn, the risk of this happening is increased.

Holiday entitlement - it's a personal thing

Construction companies may find their self-employed subcontractors claiming entitlement to paid annual leave following the judgment of the Employment Appeal Tribunal in Redrow Homes (Yorkshire) Limited v Buckborough and Sewell.

Property update - May 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.

Shoots of growth - for a more benign merger regime - or a false dawn?

The Office of Fair Trading (OFT) has applied the so-called 'failing firm' defence for the first time since issuing a restatement of its position in December 2008.

Long tail for Ombudsman complaints?

The Pensions Ombudsman and his Deputy have recently come to different conclusions on whether they will deal with complaints made after the usual limitation periods applied by the courts have expired.

Public bodies: consultation duties

In March 2009, Wragge & Co's Public Law & Regulation team reported that the High Court had, in ruling on judicial reviews involving the Boundary Committee for England, provided helpful guidance on the consultation duties of public bodies.

Litigation survival guide - part 16. That's settled then!

Ensuring that a settlement agreement achieves its purpose is crucial.

Material detriment stays materially the same

The Regulator has now published its response to the consultation paper regarding proposed changes to the moral hazard laws and anticipates the code of practice coming into effect this summer.

Pre-packs un-packed: what is meant by a "pre-pack" administration?

"Leaving the mice in charge of the cheese..." is how one commentator described the now far from unusual phenomenon of the pre-pack administration sale. But what is meant by a "pre-pack"; are they lawful and what is the legitimate area for concern?

Does my mark have a reputation in the Community?

Advocate General Sharpston has given her view on the question of whether a community trade mark which had been proven to have a reputation but only in Austria could be considered to have a "reputation in the Community".

High Court not amused by deliberate wrongdoing

Two recent High Court cases have demonstrated the contractual impact an act of deliberate wrongdoing can have.

Implementing equal treatment for Agency Workers

Following the passing of the Agency Workers Directive (the Directive) in Brussels at the end of last year, the Government has now launched its consultation on implementation in the UK.

End of the road for Norris - a cautionary tale for salacious executives

Ian Norris, former CEO of Morgan Crucible, has failed in his latest attempt to avoid extradition to the US and faces spending the rest of his retirement at President Obama's pleasure.

Litigation survival guide - part 17. Keeping your settlement confidential

You've reached a compromise, avoided the public arena of a trial and the potentially unwanted publicity that can go with it, and are happy with the terms of settlement negotiated.

Banking update: report and review on recent cases and issues

Valid debentures despite forged signature and invalid board resolutions, costs entitlement following an acceptance of a Part 36 offer and the pre-action protocol seven months on.

Should I stay or should I go? Can employers' redundancy selection criteria reward long service?

Employers across the UK are currently facing difficult decisions about their workforce in the context of a very challenging economic environment.

Non-resident companies and UK tax on chargeable gains

Non-UK resident companies are still outside the territorial scope of UK corporation tax on chargeable gains, provided that the company does not have a UK permanent establishment.

Litigation survival guide - part 18. Putting payment terms under the microscope

With no end in sight to the economic downturn, payment terms are increasingly important to many businesses. Contractual terms agreed in the past regarding payment may now appear somewhat outdated.

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".

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.

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.

Shareholder rights

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

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.

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?

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).

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

Costs penalty follows withdrawal from mediation

Mediation and other forms of alternative dispute resolution are now part and parcel of the dispute resolution landscape with the courts keen to ensure that litigation is very much seen as a last resort.

Carbon Reduction Commitment - Implications for the data centre sector

The Department for the Environment and Climate Change has published the Draft Carbon Reduction Commitment Order 2010. This has shed light on how the Carbon Reduction Commitment scheme will work and what energy consumers need to ensure compliance.

Government widens trade credit insurance scheme

The Government has widened its £5 billion trade credit insurance scheme meaning that more companies can now purchase 'top-up' cover.

Outsourcing contracts - Is longer better?

One of the biggest points to decide on the outsourcing process is contract duration.

Make sure you exclude the implied conditions!

Sellers will normally exclude all implied warranties, such as satisfactory quality. You should check that your drafting excluding implied terms is correct.

The English court's turn to make a reference to the ECJ in yet another Google keyword trade mark dispute

In yet another trade mark dispute resulting from Google's AdWord service, the UK High Court has decided to refer a "comprehensive" list of questions to the European Court of Justice before the hearing of the main trial.

Carbon Reduction Commitment - the basics

The Carbon Reduction Commitment is a mandatory emissions trading scheme. To be introduced under powers taken in the Climate Change Act 2008 its twin aims are to improve energy efficiency and reduce the UK's carbon dioxide (CO2) emissions.

"Minimum interference": some relief at last for employers on the equalisation front?

Last week the Court of Appeal handed down its eagerly awaited decision in the Foster Wheeler case.

A stitch in time saves a custodial sentence and an unlimited fine: analysing the draft Bribery Bill

If measures proposed by the UK Government in its draft Bribery Bill come into force, a failure to put in place a programme to prevent bribery could land an organisation unlimited fines, reputational damage and individuals with a 10 year prison sentence.

Property update - July/August 2009

Wragge & Co's real estate experts bring you the latest property law issues.

The importance of being earnest (about keeping pension scheme records accurate and up-to-date)!

If ever you needed a reason to check the accuracy of your records, a case determined last month highlights why you should flick a duster around the back of the filing cabinet every now and then!

Personal accounts - a pensions revolution

Employee pension enrolment and employer contributions are to be made compulsory as part of the Government's attempt to tackle the UK's looming demographic crisis.

Banking update: report and review on recent cases and issues

The meaning of "realisation" under the Insolvency Act, warranty of identity of client, costly late withdrawal from mediation and the underlying requirement for the "without prejudice" rule to apply.

Marketing authority for racemate does not invalidate SPC for its enantiomer

In an appeal concerning the validity of a patent for an enantiomer of  a racemic mixture and a Supplementary Protection Certificate based on that patent and marketing authorisation, the Court of Appeal found both the patent and SPC valid.

Foxtons outfoxed: OFT wins ruling against unfair standard terms aimed at consumers

A recent case has served as a useful reminder of the importance of ensuring consumer contracts are fair and in plain English. In Office of Fair Trading v Foxtons Ltd [2009] EWHC 1681 (Ch), the High Court has ruled in favour of the Office of Fair Trading.

Extending professional and occupational regulation for healthcare services

In February 2007 the Government published a White Paper entitled "Trust, Assurance and Safety - The Regulation of Health Professionals in the 21st Century."

Data protection in challenging times

It goes without saying that the current economic climate is presenting employers with numerous challenges. However, one issue that is often overlooked and increasing is the use of the Subject Access Request (SAR) contained in the Data Protection Act 1998.

NHS Foundation Trusts - buying a return ticket: new proposals for de-authorisation

On 27 July 2009, the Department of Health launched a consultation on introducing new legislation allowing for the de-authorisation of a NHS Foundation Trust.

Changes to pensions schemes: potential pitfalls for high earners

Where a company is looking at making a material change to the way in which benefits under its pension scheme are provided after 22 April 2009 or proposing to introduce a new arrangement there could be adverse tax consequences for high earning individuals.

Regulating Energy Networks for the future

Ofgem has recently published the third Working Paper in its RPI-X@20 review. RPI-X@20 is a two-year project to evaluate the current approach to regulating Great Britain's energy networks.

To try but not to succeed: R (Friends of the Earth and others) v Secretary of State for Energy and Climate Change

The Court of Appeal has recently given judgment in the case of R (Friends of the Earth and others) v Secretary of State for Energy and Climate Change [2009] EWCA Civ 810 - a judicial review of the Government's failure to hit targets for fuel poverty.

Danfoss prevails in trademark first instance

Danfoss, a leading player in refrigeration and air conditioning equipments and parts, alleged in court that a refrigeration equipment company in Zhejiang was making products labelled with the Danfoss trade mark.

Launch of China IP Law Search, Beijing

IPR2, together with the Ministry of Commerce, will launch a new search tool for IP-related legal texts called China IP Law Search.

Baijia sues OKAI over trademark infringement

Sichuan Baijia Food Company, one of the largest instant noodle manufacturers in China, has filed a lawsuit against OKAI Import Export GmbH with the Munich District Court in Germany, asking the court to cancel OKAI's trade mark application.

Google China drops Beijing free rider

Search engine giant Google began its formal use of Chinese name (Guge) in 2006 when it established Chinese subsidiary Google China. Just one hour later, a company named Beijing Guge Technology (led by Tian) obtained government approval to be in business.

Lacoste bites Wenzhou shoemaker

Six years after its settlement over a trade mark dispute with Hong Kong Crocodile, French designer Lacoste has launched another offensive. The company recently brought a trade mark infringement case before the Beijing No.2 Intermediate People's Court.

Proposals for the reform of the Patents County Court

Proposals have been put forward by the Working Group set up by the Intellectual Property Court Users Committee to reform the cost regime and procedures of the English Patent County Court.

Remediation and liability: do it safely or else

The High Court decision in Corby Group Litigation v Corby District Council highlights the importance of ensuring that organisations, including local authorities and developers, take the issues of land remediation and environmental health seriously.

OGC Two Point Three

The Office of Government Commerce launched the new OGC Model ICT Services Agreement Version 2.3 on 6 August, replacing last year's Version 2.2.1.

Needles and herbs

The Department of Health has taken further steps in assessing whether to extend regulation to a broader range of professional and occupational groups working in the healthcare sector.

New powers of Information Commissioner push data protection up the risk register

Until now the Information Commissioner's Office (ICO) could only envy other regulators with powers to impose fines and conduct audits. This is changing and the ICO will soon be empowered to conduct audits and issue fines.

Injunctions for breach of confidence - the 'springboard principle'

Vestergaard Frandsen A/S and the other claimants (VF) are in the business of the manufacture and sale of mosquito nets under the name PermaNet. They had developed a database relating to the manufacture of these nets referred to as the "Fence" database.

Looking to raise some cash? Against IP?

To the surprise of many, Morgan Stanley has just announced a new US$250 million intellectual property securitisation for Vertex Pharmaceuticals, a large US bio-tech company.

Unfair dismissal - pensions benefits are not unique says the Court of Appeal

A former employee immediately obtained a new job after being unfairly dismissed. As expected, the Tribunal did not award compensation for future loss of earnings. Unexpectedly, the EAT did agree that ongoing pension loss could nonetheless be considered.

Banking update: report and review on recent cases and issues

Charging order versus bankruptcy, enforcement of undertakings, valid guarantees and issues over service of proceedings, Wragge & Co's Banking and Finance experts bring you the latest on the cases and issues affecting the lending industry.

Race discrimination in the construction industry

"Why is there an under-representation of non-white ethnic minority workers in the construction industry, and what should be done about it?"

Guangzhou passes legislation to bolster intellectual property rights protection at exhibitions

Guangzhou passes the Measures on Protection of Intellectual Property Rights at Exhibitions in the city's 87th Executive Session of the 13th Administration.

Beijing: Microsoft lawsuit

Microsoft filed a lawsuit against a do-it-yourself PC vendor Beijing Strong Well Future Technology Development in Zhongguancun, accusing it of using pirated Microsoft software.

Tactical trade marks and bad faith bunnies?

The European Court of Justice has provided guidance to the national Austrian court on the factors to be considered when determining whether a registration applied for in the knowledge that other very similar marks were being used in the Community.

City name case

The Japan Patent Office has reported that the Chinese trade mark authorities, responding to a request from Tokyo, rejected applications to register eight prefectural names in Japan as brands for agricultural and other products.

Property update - September 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.

Incorporate amended legislation

When legislation is referred to in an agreement, the parties need to ensure that this reference will automatically update as changes are made to the legislation. Contracts need to include specific wording to allow this to happen.

'False self-employment in construction' – Government consultation

The Government is consulting on proposals to make radical changes to taxation of self-employed workers in the construction industry, as they are concerned that their 'self-employment status' is not genuine.

A guide to health, safety and other prosecution risks - part 1. The blame game - personal liability of directors and officers

Corporate offences are usually strict liability. This means there is no need for the prosecutor to prove that the offence was committed deliberately or even negligently.

Holiday and sickness absence: two sides of the same coin - sick workers must be allowed to defer holiday leave

What do you do when a worker comes back from holiday and says they had flu the whole time, never left their bed and please can they have more holiday to make up for it?

Product placement - UK ban set to be lifted

In a dramatic U-turn, the Government announced that it will consult again on the issue of product placement. Speaking at the Royal Television Society's Cambridge Convention, Ben Bradshaw gave new hope to advertisers and commercial broadcasters alike.

Immigration - changes to the guidance under the Tier 2 category of the Points Based System

The Home Office has brought in a number of important changes to the guidance and policy for the Points Based System. Employers and employees should make themselves aware of the changes.

A guide to health, safety and other prosecution risks - part 2. The Grim Reaper - points to consider when an accident has fatal consequences

Let's put this in perspective. Fatal accidents in the workplace are rare - 180 in Great Britain in 2008/9 and most arise in agriculture and construction. Because they are uncommon, and unexpected, organisations are often not sure how to respond.

A new corporate landscape: company formation, administration and procedures from 1 October 2009

On 1 October 2009, the remaining provisions of the Companies Act 2006 come into force (except for a handful of provisions which have been the subject of second thoughts and further consultations).

Does the use of another trade mark as internet keyword infringe? The Advocate General doesn't think so

In an opinion which many may find quite political, Advocate General Poiares Maduro has delivered his views to the European Court of Justice (ECJ) in the Google AdWords references.

A guide to health, safety and other prosecution risks - part 3. An inspector calls....HELP!

The Health and Safety Executive (HSE), local authority or environment agency can turn up at your premises at any time. Following a report of an incident or accident, you can expect a regulator/authority visit – and the police if there has been a fatality.

Heyday challenge fails: UK default retirement age is legal .... for now

The High Court decided last Friday that it is lawful for employers to compulsorily retire employees at age 65. However, this may be a pyrrhic victory for the Government.

Response from Wragge & Co LLP to the Consultation on the Review of the Vertical Restraints Block Exemption Regulation and Guidelines

Wragge & Co has provided comments on the European Commission's consultation on the draft vertical restraints block exemption and draft guidelines on supply and distribution agreements.

ORR consults on proposal to introduce freight customer access contracts

The Office of Rail Regulation (ORR) has published a consultation paper setting out its proposal to introduce a model freight customer access contract.

Business rates and tenants in administration

Where a landlord forfeits its lease, subject to any available relief or exemption, the landlord is liable to business rates in respect of the premises.

Supreme Court replaces House of Lords: practical points to note

On 1 October 2009 the Supreme Court will assume the judicial role of the House of Lords. New rules governing the practice and procedure to be followed in the Supreme Court have been published in the Supreme Court Rules 2009.

Business Rate Supplements - who's next after Crossrail?

The Lyons Inquiry into local government in March 2007 recommended the introduction of a power for local authorities to levy a business rate supplement.

Tender information not covered by FOIA commercial interest exemption - Information Tribunal

The Information Tribunal has overturned a decision by the Information Commissioner, ordering the Central Office of Information (COI) to disclose information relating to tenders from businesses interested in providing it with reprographic services

A guide to health, safety and other prosecution risks - part 4. Accident investigation - learning from the error of your ways

We all know that accidents do happen from time to time. Immediately after an accident or near miss there is a perfectly natural desire to understand what happened, why and how it can be prevented from happening again.

Business rate supplements

The Business Rate Supplements Act 2009 provides levying authorities with a discretionary power to impose a business rate supplement (BRS) of up to two pence per pound of rateable value to fund certain projects that promote local economic development.

Personal accounts and auto-enrolment - what does this mean for you? (Pensions)

Pension scheme trustees and managers need to be ready for big changes in workplace pension provision, due to arrive in 2012, as reforms a decade in gestation finally come to fruition.

Personal accounts and auto-enrolment - what does this mean for you? (Employment)

Employers, human resource managers and financial directors need to be ready for big changes (and big costs) in workplace pension provision due to arrive in 2012 as reforms, a decade in gestation, finally come to fruition.

Does non-compliance with section 77(1) extinguish a creditor's rights?: Phillip McGuffick -v- The Royal Bank of Scotland Plc

In Phillip McGuffick v The Royal Bank of Scotland Plc the Commercial Court held that non-compliance with section 77(1) of the Consumer Credit Act 1974 (Act) did not extinguish a creditor's rights.

A guide to health, safety and other prosecution risks - part 5. Pollution - spills do not lead to thrills

Pollution can arise from the most innocuous of situations and strike without any warning. The consequences can be severe, not just for the environment and any creatures or habitat affected by the pollution, but also for those found to be responsible.

Directors' duties

There is no doubt that during difficult economic times, one consequence is inevitable: more regulation of company directors.

A far-from-lazy summer

Hopes for a laid-back summer appear to have had no place in the pensions landscape.

Arbitration agreements - wording required to exclude a right of appeal on a point of law

A recent decision in the Commercial Court considered the extent to which the words "final, conclusive and binding" can be construed as excluding a right of appeal on a point of law under section 69 of the Arbitration Act 1996 ("the 1996 Act").

CRC - are you in or out?

The Carbon Reduction Commitment - the UK's new carbon emissions trading scheme - is almost upon us. The scheme, which is now known as the CRC Energy Efficiency Scheme, officially starts in April 2010.

Where litigation meets arbitration: freezing legal proceedings

The High Court has held that it has no power under section 33(2) of the Supreme Court Act 1981 or rule 31.16 of the Civil Procedure Rules to grant pre action disclosure where the relevant agreement between the parties was subject to an arbitration clause.

Banking update: report and review on recent cases and issue

Unfair relationships due to secret commission, costs penalties for failing to disclose relevant documents, claiming damages from the Court Service and contempt of court, the latest on the cases and issues affecting the lending industry.

A guide to health, safety and other prosecution risks - part 6. Guilty without trial: the scourge of Enforcement Notices

The possibility of a prosecution for breach of regulations is at the forefront of every employer's mind when under investigation.

A guide to health, safety and other prosecution risks - part 7. Fit for work: the impact of 'fit note' proposals upon accidents in the workplace

172 million days were lost in 2007 due to sickness absence in the UK - equating to about 2.6% of working time. Of those days, 34 million were lost due to work-related illness.

Property update - October 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.

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.

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 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.

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.

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.

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.

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.

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?

'Fit for habitation' under The Defective Premises Act 1972

The Court of Appeal in Bole and Van den Haak v (1) Huntsbuild Ltd and (2) Richard Money (trading as Richard Money Associates) has provided guidance and clarification on how to approach the fitness for habitation test under the Defective Premises Act 1972.

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.

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.

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.

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.

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.

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.

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.

A guide to health, safety and other prosecution risks - part 12. When the summons hits the fan....

Accidents happen: it's a fact of life and business. No matter what an organisation does to prevent an accident, or to deal with the aftermath to prevent a re-occurrence, there may be situations where a prosecution will still be brought.

Local Government update

Life never stands still in local government. Read the team's comments on issues, from the ramifications of London Authorities Mutual Limited (LAML) to the new remedies directive, and take note of any action points that will help you and your organisation.

A guide to health, safety and other prosecution risks - part 13. PACE interviews - a word of caution

Following an incident, if the regulator believes an offence has been committed, a request for an interview under caution pursuant to the provisions of the Police and Criminal Evidence Act 1984, often referred to as a "PACE interview" may be made.

Time to act!

The minimum age at which members may take their benefits is to increase from 50 to 55. Introduced by the Finance Act 2004, the changes will take effect on 6 April 2010.

CTM for CANNABIS is too descriptive of beer

The Court of First Instance (CFI) has upheld a invalidity finding in relation to CANNABIS as a community trade mark for beer and other goods in classes 32 and 33.

Patent infringers rolled over - Boegli-Gravures SA V Darsail-ASP Ltd

In a judgment, in which he found valid and infringed a mechanical EP(UK) patent relating to foil used in packaging, an English High Court judge has also provided guidance as to establishing infringement or a threat to infringe by way of a test purchase

Expand your business - The Provision of Service Regulations 2009

The Provision of Service Regulations 2009 are due to come into force on the 28 December 2009. The Regulations implement the Services Directive into the UK and affects almost all businesses that provide services within the European Economic Area (EEA).

New tower crane regulations

Following a number of high-profile tower crane failures in recent years, the Health and Safety Executive has announced its proposals for a statutory conventional tower crane register which is expected to come into force on 6 April 2010.

Paying your patient

This is a reminder that the deadline for responses to the Department of Health's consultation paper entitled 'Direct Payments For Health Care - A Consultation on Proposals for Regulations and Guidance' is 8 January 2010.

Landmark decision on disability access

Disabled customers have a right to enter your building and you have a duty to help them, even if they can get all the services you provide on-line or elsewhere.

Employment Law 2009 review/2010 preview: Part 1

As in other aspects of life, the two great issues facing the world today, the credit crunch and climate change, are having a significant impact on employment law in 2009. Here, gentle reader, we pick out some of the need-to-know highlights.

Spotlight on DC governance - challenges ahead

The Pensions Regulator has been paying increased levels of attention to how DC schemes are governed. This, together with the trend for employers to provide DC vehicles for future service, means that the spotlight is now, firmly, on DC governance.

A guide to health, safety and other prosecution risks - part 14. What will the future look like?

If only we knew for sure! What we do know is that in the area of regulatory enforcement the last couple of years have brought great changes – new legislation, new case law and a new political emphasis. This trend is set to continue.

Spotlight on DC governance - the latest state of play

The Pensions Regulator has been paying increasing levels of attention to how defined contribution schemes are governed. This, together with the trend for employers to provide DC vehicles for future service, means that the spotlight is now on DC governance.

They fought the law...

The judgment of the Administrative Court in R (Unison) v Monitor addresses the question of how much income NHS Foundation Trusts are able to generate from non-NHS activities, where that income is ultimately derived from charges paid by private patients.

Digital Economy Bill: controversial online copyright infringement provisions

A new Digital Economy Bill is being debated in the UK. It contains provisions designed to tackle online copyright infringement which are proving to be very controversial.

DB or not DB?

Many schemes will have had to consider issues such as amending scheme rules to manage final salary pension scheme liabilities and getting member consent to alter benefits, each of which was considered by the court in the IMG case.