Indemnities (like industrial strength cleaners) have their place in the world, but (also like industrial strength cleaners), they should not be over-used and they should not be used in the wrong places. I have lost count over the years of the number of times a client has reviewed a contract before me, and failed to strike through language requiring them …
Many of us have only just got used to 4G but discussions have already started about how to harmonise the next generation of telecommunications standards (5G) to connect billions of devices wirelessly and using fibre optic technology for enhanced speed and reliability. The European Union and China have signed a co-operation accord to collaborate in the development and roll out …
Matters are moving quickly on the implementation of the key provisions of the Modern Slavery Act 2015. The Modern Slavery Act (Transparency in Supply Chains) Regulations 2015 have now been approved by the House of Lords, and it looks as though the requirement for organisations with a turnover of more than £36M per annum to prepare an annual slavery and …
We often get questions from clients about how they can protect their consultancy business from being made subject to IR35 Rules in relation to particular engagements. There are some general factors, which will always help the decision come down against a company being treated as a “personal services company” for tax purposes. These include factors such as: (a) being able …
The Enterprise Bill 2015-16 adds two new sections 13A and 16A to the Insurance Act 2015, which have which are proving rather controversial in some quarters in the insurance industry. Section 13A if it becomes law, will require insurers to pay insurance claims within a reasonable time, and to pay contractual damages to their insured if they do not do …
The key provisions of the new Consumer Rights Act 2015 came into force on 1st October 2015. The Act clarifies a consumer’s rights when goods or digital content do not do what they said on the tin that they would do, or when services have not been provided with reasonable care and skill. It also sets out the new requirement …
Under the terms of the European Privacy Directive 95/46EC (and in the UK, the Data Protection Act 1998), European based data controllers are prohibited from transferring personal data outside of the European Economic Area, to associated companies or third parties, unless the non-EEA country adequately protects personal data and the rights of personal data subjects. The only countries, which have …
Clients sometimes ask us why in some commercial contracts we recommend that disputes are handled through the English courts, but in others, we recommend an arbitration clause. Sometimes it comes down to a question of judgment but there are factors, which weigh more heavily in favour of one choice rather than the other. First of all, let’s be clear, that …
The case of Absolute Lofts South West London Limited v Artisan Home Improvements Limited and another (2015) EWHC 2608(IPEC) is an Intellectual Property Enterprise Court case, where the judge was asked to determine the damages for use of over twenty photographs on the website of a home improvement services company, in circumstances where the photographer’s consent had not been obtained …
(Case C-203/14: Consorci Sanitari del Maresme v Corporació de Salut del Maresme i la Selva) was a case referred to the European Court of Justice (ECJ) by the Spanish authorities. The question they wanted answered was whether a public authority such as a local council could be considered as an “economic operator” for the purposes of the Public Sector Directive …