Insights: Legal Updates - September 2016

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Sport governance needs immediate shake-up

James Earl |

Sam Allardyce’s demise as England manager has given him the dubious honour of having the shortest career in the post – albeit with the best-ever winning percentage – and allegations of improper conduct have been made against eight current and former Premier League managers. Beyond English football, the essence of sport has been rocked to […]

Insurance and financing – how to avoid delay in getting your hands on the folding stuff

Jenny Sargeant |

More and more across the industry we find the most painful negotiations (whether you are a borrower, a lender or their lawyers!) centre around insurance.  There are a number of reasons why this is the case.  But with an awareness of these issues insurance can be dealt with in a collaborative way at the beginning […]

Payment in Construction Contracts: How to get paid


Barry Hembling presented a paper to the Society of Construction Law at a meeting in Tunbridge Wells on 12 April 2016. Barry Hembling’s paper questions why, following the 2009 amendments to the Construction Act, the courts continue to be inundated with payment related claims. He reviews the recent cases and identifies key trends, such as the courts’ […]

Cut from the right cloth?

Amy Collins |

Recent board moves have reignited the discussion in relation to the composition of luxury fashion brand boards. In June of this year, Alexander Wang, Creative Director of the eponymous label he launched in 2005, added the roles of Chief Executive and Chairman to his list of responsibilities. Meanwhile, just a few weeks later, Burberry moved […]

Dress Codes at Work: increasingly relaxed or more contentious than ever?


Work dress codes appear, to this writer at least, to be somewhat more relaxed today than was the case 20 years ago, or even as recently as five years ago, when Swiss financial services giant UBS was widely ridiculed for having issued to staff a dress code 44 pages long. This more relaxed approach may […]

3D printing – a risk or an opportunity for the fashion industry?

Eddie Powell |

2013 saw the unveiling of the world’s first entirely 3D printed dress, designed and 3D modelled by Michael Schmidt and Francis Bitoni for burlesque model, Dita Von Teese. Since then, a number of brands, including Nike, Under Armour and Chanel have showcased 3D printed products.  While it may be a while before 3D printing enters […]

Putting its red-soled stiletto heel down: Christian Louboutin, litigation and a look at post-Brexit trademark protection

Alexander Wildschütz |

The fashion powerhouse Christian Louboutin (Louboutin) has been litigating to protect its iconic red-soled shoes since 2011.  It began in the United States and has meandered through various courts in Europe, finding its way to the European Court of Justice (ECJ).  Here we take a brief look at Louboutin’s fight to protect its trademark and […]

The Common Reporting Standard


HMRC has recently released its formal guidance on the implementation and obligations of charities under the new Common Reporting Standard (CRS). The CRS was introduced from 1 January 2016 following in the footsteps of the recent wide ranging US legislation, the Foreign Account Tax Compliance Act (FATCA). The CRS is a voluntary, reciprocal code which individual […]

Offshore construction contracts: Not worth the paper they're written on?


New arguments over contract terms in offshore construction mean contractors can get caught out if they don’t jump through all of the required hoops. When times get tough in construction, parties often pay closer attention to the terms of the contract. However, this frequently happens too late for one party who has already breached some […]

"Some other substantial reason" and the ACAS Code of Practice

Mike Tremeer |

Can employees claim an uplift of up to 25 percent in the circumstances of a dismissal for “some other substantial reason”, such as an irretrievable breakdown in the relationship between employee and employer?  Not according to the Employment Appeal Tribunal’s decision in Phoenix House Ltd v Stockman and another.  Although the employee’s dismissal was found […]

Expert witnesses: Expertise is not enough

Digby Hebbard |

Poor performances by expert witnesses have been highlighted in several recent cases, so how can you ensure yours are up to the job? In construction disputes, the law is often only half the story.  The complexity of construction projects – and the issues which commonly arise – often mean that expert opinion is required to […]

Market Abuse Regulation

Avram Kelman, Nigel Gordon, David Robinson |

The Market Abuse Regulation (MAR) came into force on 3 July 2016. The most significant changes to the law for Main Market and AIM companies arising from MAR relate to: the disclosure regime as regards inside information; the requirement to maintain insider lists; the disclosure of transactions by persons discharging managerial responsibilities and closely associated […]