Articles and Updates

BROOKMAN SamThe tragic case of Poppi Worthington has not been far from the headlines in the last few weeks, due to coverage of the family court case involving Poppi's father. The Judge in the case, Mr Justice Peter Jackson, made a ruling that, on the balance of probabilities, Poppi's father had sexually assaulted Poppi prior to her sudden death in 2012.In the recent case, Poppi's father was challenging findings of fact which were made in a previous hearing in 2014. Those findings had not been reported because of a reporting restriction. However, the recent hearing and outcome has received extensive media coverage because the Judge decided that there was a strong public interest in reporting the circumstances of Poppi's death.

This article was published on the specialist journalism website Hold the Front Page. For more information on this matter please contact Sam Brookman, solicitor on 01392 685368 or email sam.brookman@footanstey.com


EVANS James

The “negligent” trustees of Kids Company, held in the sway of an “unaccountable and dominant” chief executive, were ultimately responsible for the collapse of the organisation, according to a damning report by MPs.

In this article, partner and head of Foot Anstey's charities sector James Evans, explains that whatever the rights and wrongs of the Kids Company situation (it must be noted that the trustees have issued a statement defending themselves and a formal Charity Commission investigation into the charity is yet to respond) it is a reminder that the 'buck stops with the trustees'. It also highlights the need for charity trustee boards to place a very high importance on ensuring their charity's governance and internal financial control arrangements are appropriate and comply with Charity Commission guidance.


HUMPHREYS HenryWe are, demonstrably, living and working in a golden period of innovation in UK tech; and - perhaps behind only London - Bristol and Bath as a region is leading the charge. There are people here doing extraordinary things.

In this article, Henry Humphreys, senior associate, discusses the vital  tech sector in the West.


Mark-Chanter

Making sure your most important asset is passed to the next generation smoothly can appear to be a minefield of problems. In this article, Mark Chanter, partner and specialist in family finance, outlines how careful planning, with the right advice, can make the process much easier.  

One thing that is important to every farmer I know, is ensuring that they have something to pass on to the next generation.


BAGWELL RichardFrom today (1 February 2016) private landlords in England must carry out right to rent checks on prospective tenants and other authorised occupiers when granting a tenancy.

The Immigration Act 2014 prohibits private landlords of residential property from allowing certain people to occupy those properties. The prohibition is based on the immigration status of the occupiers.


Female - red dress HRIn our first bulletin of the year we look at what’s ahead for employment law in 2016 and reflect back on developments that have already taken place this month. As well as summarising recent developments arising from consultations and legislation we look at why a much publicised decision from the European Court of Human Rights on monitoring e mails at work is not the green light for employers to snoop on personal emails in the UK.

We also set out the points to take away from a recent case which considered whether it was reasonable for an employer to insist that a member of staff did not speak in her native language at work. We also summarise the developments and cases to look out for in the year ahead.


KINGABY NicolaThe Competition Markets Authority (CMA) has published a gentle reminder to both businesses and local authorities that they must consider the potential competition law issues and pitfalls with local authority initiatives. This is a topic that the CMA published specific guidance on in March 2015. At the time, there were numerous local authority schemes aiming to reduce or remove high-strength alcohol from retail outlets.

 In this article, senior associate Nicola Kingaby, looks at the '60-second summary' produced by the CMA, provided a quick overview of the dos and don'ts for businesses on complying with the competition law issues raised by these schemes.

Tags: Commercial

CLARK PaulAs more and more developers announce private rental developments, or schemes, across the UK, it is important to note that the Scottish Government are approaching the issue, homes for rent, from a very different societal and ideological viewpoint than the rest of the UK. Notwithstanding that, or perhaps because, the private rented sector (PRS) has more than doubled in size in the last decade and covers almost 13% of homes in Scotland.

The article below, prepared by Paul Clark, partner, looks ahead to the challenges brought to Scotland by the PRS Schemes.

Tags: Real Estate

Female - red dress HRWelcome to our monthly legal news. In this edition, we focus on the recent European Commission updates regarding copyright reforms and fair compensation. We also provide an update on the EU trademark reform.

IP expert and associate Hannah Batten, explains the next steps and the likely implications on trade secrets for the UK, as well as a cautionary tale of implied licences. Finally, senior associate and dispute resolution expert Rachel Warren, discusses why particular care and attention is warranted by those seeking to register or protect CTMs of an especially simplistic nature on high value goods.

Tags: CommercialIntellectual Property

Female - red dress HRWelcome to our monthly legal news. In this edition, we look at taking care with charity fundraising, the importance of legal compliance when disposing of land, where charities went wrong in the lead up to the 2015 General Election, ensuring charities file proper account and a warning from the Charity Commission on the impact of dominant individuals.

We understand the many challenges ahead for charities, as a leading charity law team we come across them on a daily basis. For more information on our expertise, please continue to read more here or contact James Evans, partner, on +44 (0)1392 685243 or james.evans@footanstey.com

Tags: Charities

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