Insights: Legal Updates - October 2016

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Hidden consequences of the new Electronic Communications Code

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As discussed in recent weeks, the new Electronic Communications Code raises concerns for landowners contemplating demolition and redevelopment projects. But there are other, more hidden problems. Housing minister Gavin Barwell has unveiled new measures last month to speed up housebuilding in his Neighbourhood Development Bill. In his first speech as minister, he outlined the government’s […]


Predictive coding in disclosure exercises

Alice Morrissey |

In Pyrrho Investments Ltd v MWB Property Ltd & Ors [2016] EWHC 256 (Ch), the English High Court has recently approved the use of predictive coding in the disclosure stage of High Court proceedings. In a nutshell, predictive coding is the practice of electronic document review carried out by sophisticated computer software rather than by […]


The Telecoms Code – Last chance to have your say

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The Telecoms Code is currently in the Public Bill Committee stage in Parliament.  This allows an opportunity for interested parties to submit written evidence to the Committee. The deadline for receiving submissions is 1 November 2016 (extended from the original deadline of 27 October 2016). The link to the relevant site is below, where you […]


3D printing: challenges for the fashion business

Eddie Powell |

The industry must embrace the technology while investing in resources to protect intellectual property rights Last week, retailer Long Tall Sally, which specialises in clothing for taller women, unveiled a 3D-printed mannequin based on a real customer’s body. Happily for the customer concerned, she need not worry about being the basis for a clone army […]


Brexit countdown - legal update as leave approaches

Charles Proctor |

Charles Proctor joins the commentary about the Brexit countdown in The Brief. Kiss tariffs goodbye As the most recent Nobel prize winner did not quite sing at Desert Trip in California last weekend: “It’s a hard, it’s a hard, it’s a hard Brexit gonna fall.” Indeed, writes Edward Fennell, there’s a good chance that the […]


Class action against MasterCard

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A landmark £14bn class action claim against MasterCard was filed in London’s Competition Appeal Tribunal (CAT) on 8 September 2016.  The claim is the highest value claim to be brought before the CAT and the first major claim to be brought on behalf of multiple UK consumers under the new class action framework introduced by […]


How does the transfer market influence the integrity of football?

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Sean Cottrell, CEO of LawInSport, hosted a roundtable discussion with three leading sports lawyers Nick De Marco, Nick Tsatsas & Richard Berry. The roundtable included a discussion on the legal issues that arise from the contractual, regulatory and governance structures in football including: The recent Telegraph sting which led to the departure of the England […]


Child abduction or lawful removal?

Anna Wakeling |

The recent case of Re Alcott (1) [2016] EWHC 2413 (Fam) serves as a reminder of the need for careful consideration when relocating with children from one jurisdiction to another. Alcott v Ashworth Former BBC children’s presenter, Katy Ashworth, was accused by her former partner of abducting their toddler from Australia. Her former partner, a […]


Long term UK resident non-doms set to lose remittance basis of taxation

Helena Luckhurst |

Anyone who does not regard England as their permanent home (non-dom) but who has been resident in the UK for at least 15 out of the past 20 income tax years will wake up to a very different UK tax regime on 6 April 2017, according to a further consultation issued by the Government on […]


How not to build a hotel: three common causes of cost overruns on hotel projects

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Hotel projects are often under pressure to complete as early as possible, but in the rush to open parties must take care to avoid three common causes of cost overruns.  Commencing projects with insufficient design information, perhaps by having compressed the design programme; allowing insufficient time for coordination between disciplines or having insufficient systems in […]


“And as an aside…”

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Side letters – why are they used? A side letter is a document that is ancillary to a contract. Often they are used generally to clarify the terms of a contract.  Where there are multiple parties to a contract, a side letter can agree specific obligations due from one to the other in relation to […]


How effective is the NEC’s ‘mutual trust and co-operation’ provision?

Kim Fowler |

A number of recent cases have reopened questions of implied obligations of good faith in NEC contracts. The NEC standard clause 10.1 requires that the parties “shall act as stated in this contract and in a spirit of mutual trust and cooperation” which is arguably an attempt to enshrine an overriding good faith obligation into […]