Bulletins

IP And Rights Management E-Bulletin Article

In a decision that could spark an increase in litigation over the use of celebrity images, the Court of Appeal has affirmed the High Court's decision that Topshop's unauthorised use of a photograph of Rihanna on a T-shirt amounted to passing off.


IP And Rights Management E-Bulletin Article

A recent First Tier Tribunal (the "Tribunal") decision has made it clear that when the Information Commissioner's Office ("ICO") is considering whether to impose a Monetary Penalty Notice ("MPN") on a business for breaching the Privacy and Electronic Communications (EC Directive) Regulations 2003 ("the Regulations") in relation to marketing calls, in addition to the number, content and tenor of any prohibited calls, the ICO will also consider a business's broader conduct and practices, including, for example, the systems and controls it has in place to prevent the making of prohibited calls and the training of staff on the applicable rules and regulations. 


IP And Rights Management E-Bulletin Article

The European Commission ("EC") has announced that as part of its Work Programme for 2015 and within its Digital Single Market strategy, it will be proposing new initiatives, both legislative and non-legislative on modernising the current copyright rules.


IP And Rights Management E-Bulletin Article

Following a 'Privacy Sweep' survey conducted last year by the Global Privacy Enforcement Network ("GPEN"), a network of global enforcement authorities, a particular concern highlighted was the large number of mobile apps which appeared to collect personal data without having a privacy policy in place.


Dispute Resolution E-Bulletin Article

Business is increasingly conducted online and electronically. When disputes arise, emails and other electronic documents are often crucial. 

Tags: Dispute Resolution2015


Dispute Resolution E-Bulletin Article

What rights do you have when the auditors or solicitors of your business have made a mistake which has caused the business to incur a loss? What if the business has loaned money on the basis of a valuation which transpires to be grossly over-inflated? In situations such as these, you may be able to bring a claim in professional negligence.

Here, we outline the basic requirements to bring a successful claim against a professional for failing to perform his or her duties to a required standard. 

Tags: Dispute Resolution2015


abuse law E-Bulletin Article

On 2 December 2014, a Judgment dealing with the important issues of vicarious liability and non-delegable duty insofar as they relate to foster carers was handed down in the case of NA v Nottinghamshire County Council [2014].


abuse law E-Bulletin Article

The government is facing renewed pressure for change to current legislation over reporting of abuse in light of recent events in Rotherham. Whilst the government is already considering whether to introduce measures for mandatory reporting of allegations of sexual abuse, the Department for Education said it would not necessarily have made a significant impact in Rotherham.


Employment and Pensions E-Bulletin Article

Last month, we discussed the new rights for a father or partner to take unpaid time off work to attend antenatal appointments which took effect as part of the Government's strategy to encourage the involvement of both parents with their children from the outset. This month, we are looking at another strand of the strategy, the Shared Parental Leave Regulations (SPL) 2014 ('the Regulations'), which are due (subject to final approval) to come into effect on 1st December 2014 and will apply to any child whose expected week of childbirth begins on or after 5th April 2015 and any child who is placed for adoption on or after the same date.

In a bid to increase the options available to parents for managing childcare arrangements during the year after childbirth or adoption, the Regulations will for the first time, give parents the right to share up to 50 weeks of Shared Parental Leave ('SPL').

Tags: Employment and Pensions


Employment and Pensions E-Bulletin Article

There is always debate around workers being paid to sleep on the job, given it feels wrong to pay workers for sleeping. However, the recent Employment Appeal Tribunal ("EAT") decision in Esparon t/a Middle West Residential Care Home v Slavikovska UKEAT/0217/12/DA is the latest in a long line of cases that examines and confirms the law relating to this matter.

Tags: Employment and Pensions


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