Insights: March 2019

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Data Protection – A year’s worth of challenges and threats

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Leigh Callaway and Gerald Brent examine the major issues which have been cropping up continually over the past year.

CMA concerns for Sainsbury’s and Asda merger


The merger between mega stores Sainsbury’s and Asda has been in doubt after the CMA raised a catalogue of concerns in its initial findings. The merge would create a ‘supermarket juggernaut’ overtaking Tesco in market share. The CMA has said if it were to allow the merger to proceed, “it could force the sale of […]

Liquidated Damages: An Update


Liquidated damages clauses are commonly used in construction contracts to provide the employer with a ready-made remedy for delay. These provisions allow the employer to claim or deduct a specified sum of money without having to prove its actual loss in a claim for damages. In two recent cases , the English courts have considered the important issues in relation to the enforceability and availability of liquidated damages.

Cyber security: new FCA report on industry insights


The FCA has published a report[1] setting out industry insights into cyber security. The report is based on insights and learnings from over 175 firms drawn from across the financial sector contributing ideas and experiences. Firms are invited to participate on a sub-sectoral basis, with the FCA facilitating separate ‘cyber coordinated groups’ or ‘CCGs’ across […]

Retail PD changes


As part of a drive to support the high street and increase residential supply, the Government has now confirmed that it will bring forward a number of changes to permitted development rights, including options for the increased flexibility of high street planning uses. In particular, the proposed changes are to include: Allowing shops (A1) and […]

To be or knot to be


Japanese knotweed is becoming an increasing issue in the UK and one that has the potential to leave a landlord’s property uninhabitable and/or ultimately unsellable if its encroaching presence is ignored. Fiona Dreghorn discusses the issues involved.

Irish Backstop and Unilateral Withdrawal


An arcane legal issue floated to the surface amid chaotic political scenes in the House of Commons last night. Partner Charles Proctor discusses the points raised.

Online platforms: new EU rules to increase transparency and fairness


On 13th February 2019, the European Parliament, the Council of the European Union and the European Commission agreed to set up new European rules to improve fairness of online platforms’ trading practices.

VAT reverse charge for the Construction industry


A major overhaul of VAT administration in the construction industry will be introduced later in 2019. For many businesses, the change will now mean that the party who receives the supply (such as a contractor in a property development scenario) will have to pay the VAT directly to HMRC as if it had made the […]

Artificial intelligence systems and patient data – a new NHS code of conduct


NHS England has published an ethical code of conduct (the Code) to ensure that only the best and safest data-driven technologies are adopted by the NHS.

Update on Litigation Privilege – Important lessons to be learnt


In recent months we have seen a number of significant judgments regarding the scope of protection offered to litigants by legal privilege. In this article we discuss the effect of those decisions and highlight some of the issues that parties should be aware of.

IPSX approved as a regulated investment exchange


On 9 January 2019 the Financial Conduct Authority approved the International Property Securities Exchange (IPSX) as a recognised investment exchange. IPSX is the world’s first dedicated exchange for real estate and will enable the Initial Public Offering (IPO) and trading of companies owning single commercial real estate assets.