Legal and Regulatory News
Updates on the latest legal and regulatory developments
Wednesday, 25 November was Autumn Statement Day in the UK and Olswang's award-winning Tax team discussed it on the Olswang Tax blog. Visit the blog to find the latest news, views and analysis on the Chancellor's announcements and to post your thoughts.
25 November 2015
Following our previous article where we discussed plans to reform the regulation for society lotteries, the Government has proposed draft legislation which will relax the rules surrounding the holding of small lotteries for fundraising purposes. If passed, this will apply from 6 April 2016.
16 November 2015
Last week’s highly anticipated and seminal Supreme Court judgment in the joined cases of Cavendish Square Holding BV v Makdessi and ParkingEye v Beavis  UKSC 67 marked the first time in a century that the highest court of England and Wales has considered the penalties doctrine. The Supreme Court Justices made the most of this opportunity by restating the law on penalties and thereby creating a new leading authority for this doctrine, to replace the early 20th Century authority of Dunlop Pneumatic Tyre Company v New Garage and Motor Company  AC 79.
12 November 2015
The LCIA has released data indicating that the cost of an LCIA arbitration is less than that charged by the ICC and SIAC and, for high value arbitrations (being those cases valued over US$ 1,000,000), comparable to the cost of HKIAC. The data also identifies that the median duration of an LCIA arbitration is 16 months.
09 November 2015
Jewelcraft Ltd v Pressland [29 October 2015] is an important Court of Appeal decision on what is a “house” for the purposes of enfranchisement under the Leasehold Reform Act 1967 ("Act"). The decision applied the reasoning of the House of Lords in Tandon and the Supreme Court in Hosebay. Shops with accommodation above are, as a matter of law, reasonably to be described as houses, provided that a material part of the building is designed or adapted for and used for residential purposes on the relevant date. Subject to certain exceptions such as where the residential conversion is not genuine or substantial, distinction should not be drawn between similar types of building solely on the basis of their external appearance or their internal layout.
02 November 2015
Three rulings published by the Advertising Standards Authority on 28 October 2015 serve as an important reminder of the application of the CAP Code to the use of social media by gambling operators.
30 October 2015
From show-jumping to speed-skating it seems like there has been a recent escalation in competition law cases with a sporting angle. Of course it is not unusual for the sports sector to find itself within the realms of the competition rules but in the past this has generally been limited to cases involving the sale of media rights, ticketing arrangements or state aid investigations into the financing of new stadia. This update provides a brief overview of some of the cases which have caught our eye in recent months.
29 October 2015
On 22 October 2015, Advocate General Szpunar issued an opinion which is highly critical of the German legislative framework for the provision of sports betting, highlighting the incoherence of national case law and the associated legal uncertainty for gambling operators.
26 October 2015
Late on Friday 16 October, Europe’s data protection regulators issued an opinion enabling ongoing transfers of personal information from the EU to the US, at least for the time being.
19 October 2015
You will already have heard about last week’s Schrems decision in which Europe’s highest court, the CJEU, invalidated the Safe Harbor scheme.
14 October 2015
On 1 October, the Body of European Regulators for Electronic Communications (BEREC) issued its draft report, which examines how the Internet of Things (IoT) and Machine-to-Machine Communication (M2M) services can best thrive. All providers in the M2M value chain should be aware of the proposals made by BEREC as they have the potential to affect (positively and negatively, depending on the role that provider plays) how M2M services will be provided and M2M business models in the future.
12 October 2015
Competition & Regulatory
The UK's system for the enforcement of competition law through the courts (as an alternative or in addition to a complaint to a regulator) is set to be overhauled by the Consumer Rights Act 2015, which entered into force today, on 1 October 2015. The reforms contained in the Act aim to make it easier for claimants to bring damages claims in the UK against parties which have been found to have infringed competition law, either at UK or EU level. Competition law claims can include damages claims against cartel members, businesses which have entered into anticompetitive agreements, or businesses which have abused a dominant market position.
01 October 2015
The Small Business, Enterprise and Employment Act 2015 ("Act") received Royal Assent on 26 March 2015 and is currently due to be implemented in stages over the next 15 months. The Act covers a wide range of matters, but of interest to all companies will be the provisions designed to enhance the trust and transparency of UK businesses and changes to the filing regime designed to improve the quality of information on the public record and reduce unnecessary red tape.
30 September 2015
The PSC or 'persons with significant control' register is a new statutory register which most UK companies and LLPs will be required to keep in order to ensure that the individuals who are its ultimate beneficial owners and controllers are identified and details of their holdings made public.
30 September 2015
The Small Business, Enterprise and Employment Act 2015 ("Act") contains a number of provisions relating to directors. Some of the changes, for example the proposed ban on corporate directors, are part of the Government's drive for transparency in corporate management and control. Others, such as the ability of the court to disqualify a director following misconduct abroad and putting the legal duties of shadow directors on the same footing as those of appointed directors, are designed to increase trust in UK companies by improving the accountability of directors for misconduct. The key changes include the following.
30 September 2015