Legal and Regulatory News

Updates on the latest legal and regulatory developments

Corporate

Small Business, Enterprise and Employment Act 2015 – corporate aspects

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 year.  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.

27 April 2016

Corporate

Filing: an overview of the changes due in force during 2015

The Small Business Enterprise and Employment Act 2015 ("Act") introduces new provisions into the Companies Act 2006 requiring the Registrar not to disclose the ‘day’ element of the date of birth of directors and of individuals on the PSC Register.  The month and year of birth will still be publically available.  The change aims to minimise the risk of personal information on the register being used to perpetrate identity theft and fraud.

27 April 2016

Corporate

Trust and Transparency: an overview of the provisions relating to directors

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.

27 April 2016

Real Estate

Warning signs of fraud

The High Court decision in Purrunsing v A'Court & Co (a firm) [14 April 2016] is an important case on the liability of a seller's solicitor and buyer's solicitor where the buyer is the victim of a fraudulent seller. The case highlights that both solicitors can be in breach of trust in paying purchase money to the fraudster and may be unable to obtain relief from liability under section 61 of the Trustee Act 1925 where they have not acted reasonably...

 

 

25 April 2016

IP

Decision regarding accounts of profits – Ooo Abbott v Design & Display Limited

The Court of Appeal in Design & Display Ltd v Ooo Abbott and another (24 February 2016) has decided that: In an account of profits the defendant is liable only for profits derived from the infringement, and not for profits made by non-infringing sales, even if these non-infringing sales would not have been made if the infringing sales had not been made. Also, if the infringer would, but for the infringement, have manufactured and sold other (non-infringing) products, then to the extent that its actual overheads would have been used  in sustaining that alternative production or sale, they may be deducted from the amount of the account of profits.

19 April 2016

The Starting Price: Myths and Reality

During the course of advising the Starting Price Regulatory Commission over the last 10 years, I've come across many misunderstandings about the way the starting price operates.

19 April 2016

GDPR approved - get ready now!

Data Protection

GDPR approved - get ready now!

After years of drafting and debating, the EU General Data Protection Regulation (GDPR) was approved by the European Parliament yesterday (14 April). It is expected to be published in the EU Official Journal in the coming weeks. 

15 April 2016

"Brexit" – Implications for IP owners and practitioners

Brexit

"Brexit" – Implications for IP owners and practitioners

In the lead-up to the EU referendum on 23 June 2016, many questions have been raised about the potential impact of a "Brexit" on intellectual property law and practice in the UK.  As the debate gains momentum, we explore the most likely outcomes for IP owners and practitioners if the UK were to leave the European Union.

12 April 2016

Consumer Contracts

Call for evidence on new B2C terms and conditions rules and fines: have your say by 25 April

How consumer-friendly are your T&Cs? Would the key terms fit onto a smart phone screen? How would it impact your site design if you were obliged to have T&Cs presented to consumers mid-transaction? Do you actively encourage customers to read your T&Cs or do you bury them away in small print? These are some of the potentially significant changes being put forward by the Department for Business, Innovation & Skills (BIS) in its call for evidence released on 1 March.

31 March 2016

Consumer Contracts

Consumer protection rules: what are your enforcement risks?

Businesses selling to UK consumers need to comply with a raft of consumer protection provisions, including rules on implied terms and remedies, unfair terms and distance selling. The government has also recently proposed giving regulators powers to impose monetary fines on businesses which do not comply.  But what are the current sanctions if you breach these rules, and what is the likelihood of enforcement?

31 March 2016

Real Estate

Attack on caveat emptor rule in consumer property context

The implications of the Consumer Protection from Unfair Trading Regulations 2008 are disturbing and where a trader is selling or letting a property to a consumer, the protections of caveat emptor ("let the buyer beware") have been undermined.

29 March 2016

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