Articles and Updates

Asha Beswetherick webOur legal system has been in existence for centuries. The Magna Carta dates back to 1215 and established the principle that everyone, including the King, was subject to the law.

New laws are constantly being passed through Parliament. One subject that has a relatively new practice is mental capacity. Asha Beswetherick, senior associate and specialist in this area looks at the legal options available to protect you, your property and your business.

Tags: Mental CapacityPrivate WealthUK Private WealthAgriculture2018

New Kate24324706 1Kate New, Legal Director in our Property Litigation Team provides an overview of the The Digital Economy Act which came into force on 28 December 2017 and looks at what this means for operators and landowners. 

AGATE Jennifer20434023 1Jennifer Agate, Senior Associate in our Editorial Team recently wrote an article for Leading Case Internet Law considering two recent cases in which High Court injunctions were used to tackle cyber-attacks by 'persons unknown', including the first known worldwide freezing order against persons unknown.

Katherine Willmott. resizeWills are incredibly important documents, enabling an individual to direct how their assets are to be distributed following their death.

At their best, Wills offer a valuable means of ensuring that a deceased's last wishes are followed. At their worst, Wills can be a source of frustration, argument, and significant cost as families argue over the deceased's 'true' wishes. Katherine Willmott, associate in our Private Wealth team looks at a recent case which highlights the importance of considering legal advice when preparing your Will.

Tags: Private WealthUK Private Wealth2018

Many commercial contracts contain a term (usually referred to as a 'no oral modification' ("NOM") clause) purporting to prevent the contract from being varied verbally by the parties. NOM clauses typically state that no variations to the terms of the contract will take effect unless set out in writing and signed by the parties.

Tags: Dispute Resolution2018

PEACEY NathanThe name of the act conjures images of people physically restrained and forced into activities against their will. The reality however is that modern slavery offences can be committed in more subtle ways. Nathan Peacey, partner and specialist in regulatory work, considers how it can affect agriculture businesses.  In particular, if you are a farmer that engages migrant workers in low paid or piece rate work then care is required to avoid inadvertent offending.


Tags: Agriculture2018

HUGHES AlanThe FCA's article on "Automated investment services – our expectations", setting out the results of an initial review of a sample of firms providing automated discretionary investment management services (7 firms - which at the time represented over half of the firms in the market) or automated retail investment (auto) advice (3 firms), makes very interesting reading.

Tags: Banking FinanceBanking and Financial Services2018

Welcome to our Spring Intellectual Property Bulletin. It has been an interesting quarter in terms of IP developments. At Foot Anstey, we are especially interested in hearing about the outcome of the CJEU's ruling on the validity of trade marks in the Skykick trade mark case which you can read about below along with our insights on many other recent developments.

Read the Spring Bulletin here.

Tags: Intellectual Property2018

NELSON Charlene11641472 1A recent UK trade mark opposition case provides a useful reminder of the importance of carrying out trade mark clearance searches before you start to use a trade mark or file for a trade mark application. Charlene Nelson, Chartered Trade Mark Attorney, looks at how issues could be avoided.

Tags: Intellectual Property2018

Danielle SpaldingDanielle Spalding, associate and property litigation specialist looks at he increase in claims involving farming families over the last few years where the son or daughter brings a claim alleging that their parents have failed to honour promises made to them about passing down the farm. These claims are based on the legal principle of proprietary estoppel.

Tags: Private WealthAgriculture2018