Alerts
Alerts archive 2009

Legal representation and human rights - the impact on disciplinary procedures

Up to now, employers have only had to deal with the former, at least in internal disciplinary hearings where in the absence of any contractual rights to do so, employees could only be accompanied by a colleague or trade union rep.

When are overseas trust companies UK resident?

On 27 January 2009 HM Revenue & Customs published draft guidance on the application of the residence tests to overseas trust companies. This guidance is important and relevant to investors holding an interest (or units) in an offshore trust or unit trust.

Investment funds - surviving the downturn: avoiding claims and knowing how to deal with them if they arise

The credit crunch has had a grim and unsparing impact upon most markets. Asset prices and investment returns have fallen globally - albeit some markets and products have been affected more (or less) severely than others.

Striking up a partnership: the Regulatory Enforcement and Sanctions Act 2008 - a summary for businesses

A key part of the Regulatory Enforcement and Sanctions Act 2008 is due to come into force on 6 April 2009.

Between a rock and a hard place? The predicament of the nominee director

Nominee directors play a pivotal role in business. Yet to explain the legal status of the nominee director is far from straightforward. Certainly it is a job made no easier by the Companies Act 2006.

Litigation survival guide - part 9. Privilege - top five Q&As

Privilege is a complex area which can be the source of much confusion. The rules on privilege play a key role in the obligation to disclose documents which is an important stage in any litigated dispute.

Banking update: report and review on recent cases and issues

Wragge & Co's banking and finance experts bring you the latest on the cases and issues affecting the lending industry.

The dead hand of TUPE: old agreements bind new employers

Employers can be forced to implement pay rises they never agreed or even discussed: that is the effect of a UK case on TUPE.

Are you getting maximum bang for your IP buck?

Intangible assets, of which Intellectual Property (IP) is often the most significant, represent more than 50% of the value of most companies. But these assets are coming under increased scrutiny.

Silberquelle v Maselli: ECJ confirms Advocate General's opinion on when promotional use of a registered trade mark is not "genuine use"

The European Court of Justice has confirmed that where a proprietor of a mark affixes that mark to free items that it gives to purchasers of its goods, it does not make genuine use of that mark in respect to the class related to the items.

Don't lose your enhanced and primary protection - register by 5th April 2009

You may remember that we highlighted in our January alert 'a new year, some new deadlines' the deadline of 6 April 2009 for members who want to take advantage of the enhanced and primary protection regime.

Sofia, so good? First IP reference to the ECJ from Bulgaria clarifies the scope of protection for databases

The right to prohibit extraction and re-utilisation of a substantial part of a protected database was established more than a decade ago by Directive 96/9/EC. The European Court of Justice has only provided guidance on its interpretation in three cases.

Litigation survival guide - part 8. Cost-effective litigation

Although litigation should always be conducted in a cost-effective manner, in periods of economic downturn this becomes increasingly more important.

How liable is a trustee?

The current unsettled times are prompting pension scheme trustees to review their own personal liability position. Good scheme governance reduces the risk of claims, but even the very best governed schemes may experience a claim from a member.

Litigation survival guide - part 7. Think before you claim

You might have a good claim, but jumping in with a strongly worded letter threatening court proceedings if settlement is not achieved by return of post is not necessarily the best way of achieving your desired outcome.

Companies Act 2006: provisions coming into force on 1 October 2009 - part 2

October 2009 will see the final round of implementation of the Companies Act 2006. This will bring to an end almost three years of changes in company law.

Property update - March 2009

Wragge & Co's real estate experts bring you the latest property law issues. Read their comment on these issues and take note of any action points that will help you and your organisation.

The Heyday saga: back from Europe

The Heyday challenge to a state retirement age of 65 has now completed its European outing.

Now for the science bit... ASA Olay adjudication

The Advertising Standards Agency has this week banned an Olay Regenerist skincare cream TV advert. The ruling should ring alarm bells for all advertisers relying on trial or survey data to support their marketing claims.

Litigation survival guide - part 6. Regulatory breaches - steps in the right direction

We live in an ever more regulated age. European and global markets are increasingly regulated and this trend looks set to continue.

Patentable subject matter again - decision of Mr Justice Lewison in AT&T Knowledge Ventures LP's Application and CVON Innovations Limited's Application

Mr Justice Lewison has today handed down his judgment in two appeals from the Patent Office. The cases raised similar issues about excluded subject matter.

Backdated business rates - paying in instalments

On 9 March 2009 regulations will come into force allowing for backdated business rates to be paid in instalments where a rating list is altered with retrospective effect.

Good consultation - further clarity from the High Court

Two decisions of the High Court in judicial reviews involving the Boundary Committee for England provide helpful guidance to public bodies operating under a statutory duty to consult.

Adjudicators' fees and late Referral Notices

The losing party in an adjudication usually ends up paying the fees of the adjudicator.These fees can be high, especially if the adjudication goes beyond the 28 or 42 days envisaged by the Construction Act.