Insights: Legal Updates

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When appealing bears fruit: Pear Technologies v EUIPO – Apple

Ben Milloy |

Are apples different from pears? Or are they both just fruit? Or, as cockney rhyming slang would have it, are they stairs? These are the questions (excepting the last one) that the distinguished judges of the Court of Justice of the European Communities (CJEU) have been gr-apple-ing with in the recent case of Pear Technologies […]

A Director’s Duty

Tom Bolam, Joshua Bennett |

When a company is solvent, the primary duty imposed on directors is to promote the success of the company for the benefit of its shareholders.  This duty is codified at section 172(1) of the Companies Act 2006. However, that position changes when a company is insolvent, or close to insolvency. In that latter instance, directors […]

Supreme Court takes chance to clarify law on loss of chance

Leigh Callaway |

In Perry v Raleys Solicitors the Supreme Court has provided important guidance on how “loss of chance” professional negligence cases should be approached.

European Banking Authority publishes revised outsourcing guidelines

Tim Wright |

On 25 February 2019, the European Banking Authority (EBA) published revised Guidelines[1] on outsourcing arrangements for financial institutions, namely credit institutions and investment firms subject to the Capital Requirements Directive (CRD), and for payment and electronic money institutions (collectively referred to here as ‘financial institutions’).

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

Leigh Callaway |

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

Alex Haffner |

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

Christian Charles |

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

Tim Wright |

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

Miles Crawford |

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

Fiona Dreghorn |

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

Charles Proctor |

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

Tim Wright |

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.