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Compliance, regulatory & risk legal updates


Overhaul of European Data Protection Law backed by powers to impose substantial fines
The European Commission has published its proposals for the long awaited overhaul of European Data Protection law.
Date: 2012-01-30

SOPA and PIPA: The long arm of US copyright law
Under proposed legislation from the US, content and copyright holders could restrict viewers' access to any website - whether hosted in the US or not - that they considered included infringing material.
Date: 2012-01-19

Removal of VAT registration threshold for non-UK business
The Government has published draft legislation to be included in Finance Bill 2012, which would require non-UK businesses making supplies in the UK to register for UK VAT, irrespective of the value of supplies made.
Date: 2012-01-13

First Bribery Act conviction sees court clerk sentenced to six years' imprisonment
Munir Patel, an administration clerk at an Essex magistrates' court, today became the first person to be convicted under the new Bribery Act.
Date: 2011-11-18

EU Commission issues Staff Working Paper on public to public co-operation
As belts tighten and the pressure to cut expenditure mounts, more and more public bodies are looking to co-operate with each other to deliver savings.
Date: 2011-10-18

Bridging the gap in defined contribution pension schemes
Following the Supreme Court decision in Houldsworth and Hunter v Bridge Trustees (and DWP), additional clauses have been added to the Pensions Bill, which amend the definition of 'money purchase benefits' within current pensions legislation.
Date: 2011-10-17

£1m M&S fine is warning to other retailers
The £1m fine received by Marks and Spencer for failing to protect staff and customers from a potential exposure to asbestos should remind all retailers undertaking refurbishment work to play an active role in the safe management of any work.
Date: 2011-10-06

Pub Landlady 1 v 0 BSkyB: Why TV football broadcasting is about to change
A six-year battle between a pub landlady and BSkyB could finally be over after the European Court of Justice (ECJ) ruled today on her use of a Greek decoder to screen Premier League football matches in her pub.
Date: 2011-10-04

Should you incorporate your business?
Running your company using the most appropriate structure for you and your business needs is an important question for any owner-manager to consider, but one which is not easily answered.
Date: 2011-10-03

Relaxing the Employer Debt Regulations - delayed but not forgotten
The Department for Work and Pensions announced on Tuesday that it will push back the date for its proposed amendments to the Occupational Pension Schemes (Employer Debt) Regulations 2005 (the ‘Employer Debt Regulations’) originally set for 1 October 2011.
Date: 2011-09-30

Compulsory charging for carrier bags in Wales: Have you taken steps to comply?
From 1 October 2011 all retailers in Wales must charge a minimum of 5p for every single-use carrier bag.
Date: 2011-09-28

Changes to HSE incident/accident reporting and helpline closure
This week saw the introduction of Health and Safety Executive (HSE) cost-saving measures concerning both the reporting of incidents and the availability of information.
Date: 2011-09-16

Court clerk first to be charged under new Bribery Act
An administration clerk at an Essex magistrates' court is the first person to be charged under the new Bribery Act, after allegedly accepting £500 from a defendant to 'fix' a motoring offence.
Date: 2011-09-01

Bribery Act: Compliance for developers
New legislation, described as the toughest anti-corruption measures in the world, came into force on 1 July.
Date: 2011-08-25

HSE construction division: plan of works announced
The HSE construction division has announced that smaller construction sites will be the primary focus for HSE site visits over the next 12 months.
Date: 2011-08-24

The Bribery Act: Facilitation payments - A real dilemma
Commercial organisations attempting to comply with the UK Bribery Act 2010 face a real dilemma when it comes to facilitation payments.
Date: 2011-08-24

Salary sacrifice arrangements and VAT
A recent brief issued by HM Revenue & Customs (HMRC) has announced a change in practice as regards the VAT treatment of salary sacrifice arrangements.
Date: 2011-08-22

Riots and insurance: Q&A
Following some of the worst civil unrest for many years, we have looked at the urgent implications of submitting a claim to your insurers or your position where you carry a large excess, are underinsured or uninsured.
Date: 2011-08-11

Companies to achieve cost savings as the prospectus rules are relaxed
Companies undertaking fundraisings are set to save money on the preparation of prospectuses as the current rules are relaxed.
Date: 2011-08-09

Event management: Be safe, but don’t let safety spoil the fun
There are many considerations to bear in mind when planning and organising events, but don’t let red tape put you off.
Date: 2011-08-04

The Bribery Act 2010: There is no such thing as a free lunch for pension scheme trustees
The Bribery Act clarifies and simplifies the pre-existing law on bribery, creating a new legal framework to combat bribery in the private and public sectors. It is aimed at corporate activity but it also applies to trustees of individual pension schemes.
Date: 2011-08-01

Throwing light on the meaning of adequate procedures?
The new "corporate offence" introduced on 1st July by the Bribery Act 2010 has been the subject of much discussion.
Date: 2011-07-27

Government publishes proposals to simplify carbon reduction commitment scheme
On 30 June the Department of Energy and Climate Change outlined the main changes it proposes to make to the CRC Energy Efficiency Scheme, inviting comments by 2 September 2011.
Date: 2011-07-26

Anti-bribery due diligence: Buyers and investors beware
The UK Bribery Act 2010 is now in force in the UK, and alongside existing exposure under the US Foreign Corrupt Practices Act 1977 reinforces the investment case for carrying out effective anti-bribery due diligence.
Date: 2011-07-14

Corporate hospitality and the Bribery Act
The Bribery Act 2010 came into effect on 1 July 2011. It is amongst the toughest anti-bribery and corruption legislation in the world.
Date: 2011-07-01

Policing the internet: New law on the horizon?
Should the internet be free and open, with all internet traffic treated equally and no restrictions on transmitting content regardless of its type or size (so called 'net neutrality')?
Date: 2011-06-29

Bribery Act compliance: Only two weeks to go - how far have you got?
With the Bribery Act coming into force on 1 July 2011, many businesses are struggling to have all their procedures in place to ensure compliance. The message is, 'Don't panic'.
Date: 2011-06-17

Super-injunctions and online libel: Dangers for website users and hosts
The identities of a number of celebrities said to have taken out 'super-injunctions' to prevent the media reporting their private lives have been revealed on Twitter and shared with thousands of users.
Date: 2011-05-24

Playstation network data loss: how can you protect your customers?
Just a week after Sony announced that personal data belonging to 77 million Playstation users had been stolen by hackers, it has announced that a further 25 million gamers have been affected.
Date: 2011-05-05

Stamp Duty Land Tax: Developments in sub-sales
There have been a couple of recent developments relating to the “sub-sale" provisions in the stamp duty land tax (SDLT) legislation.
Date: 2011-04-11

Waste (England and Wales) Regulations 2011 implemented
The long-awaited revised EU Waste Framework Directive has finally been implemented into UK legislation by the Waste (England and Wales) Regulations 2011, which came into force on 29 March 2011.
Date: 2011-04-07

Bribery Act guidance issued
The Bribery Act will now to come into force on 1 July 2011.
Date: 2011-03-30

Powered perimeter gates: Third HSE Safety Alert in just 12 months
On 21 January 2011, the HSE issued its third Safety Notice within a year on the risks associated with powered perimeter gates.
Date: 2011-03-18

How to run an effective board
This is a busy time for anyone involved in corporate governance issues.
Date: 2011-03-10

£385,000 fine for first conviction under Corporate Manslaughter Act
Cotswold Geotechnical Holdings has become the first company to be convicted of corporate manslaughter under the new Corporate Manslaughter and Corporate Homicide Act.
Date: 2011-02-22

Bribery Act delay could cause more problems than it solves
It is being widely reported today that implementation of the Bribery Act 2010 will be delayed, though there has been no official announcement by the Government or the Ministry of Justice.
Date: 2011-02-01

New bribery legislation: A compliance plan
A top New Year priority for many will be to ensure that their organisation has adequate procedures in place to comply with the Bribery Act 2010.
Date: 2011-01-11

LLPs and group relief: All change
A recent announcement by HM Revenue & Customs (HMRC) on how it treats limited liability partnerships (LLPs) for group relief purposes could have significant implications for groups with LLPs in their structures.
Date: 2010-11-30

Student accommodation and Capital Allowances
On 22 October HMRC revised its guidance on what it considers is meant by the term "dwelling house" in relation to the Capital Allowances legislation. This will potentially have far reaching effects on developers of student accommodation.
Date: 2010-11-17

Bribery Act 2010: Adequate procedures and personal liability
The consultation period set by the Ministry of Justice concerning its guidance for assessing whether adequate procedures are in place to combat bribery and corruption has now closed.
Date: 2010-11-09

Swiss bank accounts no longer so secret
Switzerland, for so long the destination of choice for those wanting to hide assets offshore, is to help force Britons with Swiss bank accounts who do not currently pay UK tax to do so.
Date: 2010-11-03

Public procurement and the spending cuts
We are told that the Government's Comprehensive Spending Review will affect everyone in the UK, and that includes public procurement, with the most notable effect being the need for public authorities and utilities to save money.
Date: 2010-11-03

OFT and Competition Commission to merge
The Government has announced that it is 'minded' to merge the Office of Fair Trading (OFT) and the Competition Commission into a single 'competition and markets authority'.
Date: 2010-10-14

Dawn raids as OFT probes alleged truck price fixing
It has been reported that the Office of Fair Trading (OFT) has launched criminal and civil investigations into alleged price fixing by lorry manufacturers in the UK.
Date: 2010-09-16

In-house lawyer privilege dealt further blow by European Court of Justice
On 10 May we reported on Advocate General Kokott's opinion on the appeal by Akzo Nobel Chemicals Ltd and Akcros Chemicals Ltd in relation to the status of communications with in-house lawyers, concerning European Commission competition law investigations.
Date: 2010-09-16

Are your annual reports and accounts up to scratch?
In times of continuing poor economic and market conditions, company reports and accounts are being scrutinised by investors and regulators as never before.
Date: 2010-09-08

HSE Safety Alert: Review of risk from electrically powered gates
A new Safety Alert has been issued by the Health and Safety Executive after a spate of incidents involving electric gates, three of which led to the deaths of young children.
Date: 2010-09-03

National Insurance holiday for new businesses
Draft legislation giving new businesses a National Insurance holiday has recently been published.
Date: 2010-09-03

Regulatory developments in the mortgage sector
As part of its Mortgage Market Review the Financial Services Authority (FSA) published Policy Statement 10/9 on Arrears and Approved Persons (PS10/09) and Consultation Paper 10/16 on Responsible Lending (CP10/16).
Date: 2010-09-01

Legislation hat-trick hits home builders
In an industry struggling to haul itself out of the worst property recession in post war history, it may come as a surprise to some home builders that they have been hit by a triple whammy of customer service regulation over the last 18 months.
Date: 2010-08-26

31% drop in fatal accidents as recession bites
Provisional fatal accident figures issued by the Health and Safety Executive (HSE) for 2009-10 reveal a second year of sharp drops, particularly in the construction sector.
Date: 2010-08-16

BP agrees to pay record fine
BP has agreed to pay a record fine of $50.6m (£32.5m) in relation to safety failings at its Texas refinery plant, which killed 15 people in 2005.
Date: 2010-08-16

Black Horse wins landmark PPI case
Mr and Mrs Speak (S) entered into a regulated fixed sum loan agreement with Black Horse Limited in 2006.
Date: 2010-08-10

Financial regulation: A new approach
On 26 July 2010, HM Treasury published a consultation paper building on Chancellor George Osborne's Mansion House speech in which he outlined his proposals to re-shape financial regulation in the UK.
Date: 2010-08-03

OFT report: The high cost of credit
In June 2010, the Office of Fair Trading (OFT) published the final report on its High-Cost Credit Review.
Date: 2010-07-28

Bribery Act delayed six months
The Government announced today that the Bribery Act will come into force in April 2011 - not October 2010 as previously expected.
Date: 2010-07-20

Oil companies get fingers burnt over Buncefield
The firms involved in the operation and maintenance of the Buncefield fuel storage depot, prior to the huge explosion in December 2005, have today been ordered to pay fines and costs totalling nearly £10 million.
Date: 2010-07-19

Ryanair: The dangers of inaccurate advertising
Ryanair and its chief executive, have issued an unreserved apology to easyJet founder and shareholder, Sir Stelios Haji-Ioannou, for depicting him as Pinocchio in an advertisement published in the Daily Telegraph, The Guardian and on Ryanair's website.
Date: 2010-07-16

Bribery Act 2010: A joined-up approach to correct documentation
The requirement for ‘adequate procedures’ under the Bribery Act 2010 means businesses will want to ensure they have the appropriate documentation in place before this autumn, when the new, so-called Corporate Offence is expected to come into force.
Date: 2010-07-09

Delivery charges do form part of the consumer's contract
Following this morning's announcement that Next will begin refunding delivery charges as well as the price of returned goods sold online, e-tailers should double check whether their returns policy complies with the Distance Selling Regulations.
Date: 2010-07-09

Charities' cost-sharing arrangements may soon be more attractive
At a time when many charities have seen a decline in their income, cost-sharing arrangements between them may seem appealing.
Date: 2010-07-05

Emergency Budget 2010: Summary
The Chancellor delivered the 2010 Emergency Budget on 22 June. Here are the main tax points of interest.
Date: 2010-06-23

£400,000 New Look fine will shake up fire safety risk profile
A Court of Appeal decision to uphold a £400,000 fine imposed against retail giant New Look for breaches of fire safety obligations, has no doubt left other industry players feeling a little hot under the collar.
Date: 2010-06-22

Waste: Don’t rubbish it
Everybody knows that sending all waste to landfill is not going to help the environment in the long term.
Date: 2010-05-14

Is your website accessible by the disabled? The law says it should be
Website owners have had a legal duty to make their websites accessible to the disabled for more than a decade.
Date: 2010-04-21

Businesses urged to prepare as Bribery Bill becomes law
The Bribery Bill has finally become law, introducing a completely new regime with which British businesses will need to comply.
Date: 2010-04-08

Fit notes: How do they 'fit' with RIDDOR?
As of 6 April 2010, the sick note will change and become the fit note, allowing doctors to advise on how employees may be able to return to work.
Date: 2010-04-06

Share buy-back alternatives
It has long been possible for a private company to buy back its shares from a shareholder. Provided this is properly structured any gain arising on the shareholder is taxed as a capital gain.
Date: 2010-03-18

Bigger fines predicted for organisations guilty of workplace fatalities
The long awaited definitive guidelines for sentencing organisations guilty of either corporate manslaughter or a health and safety breach which causes death have been published.
Date: 2010-02-12

Corporate manslaughter/deaths at work: Definitive sentencing guidelines published
The Sentencing Advisory Panel (SAP), following extensive consultation over many months, has now published definitive guidelines for corporate manslaughter and health and safety offences where a death has occurred.
Date: 2010-02-11

Batteries now included
Over the last week you may already have seen your local supermarket displaying a plastic recycling bin for used batteries.
Date: 2010-02-04

Data protection fines signal a new era of enforcement
Serious breaches of the Data Protection Act 1998 could attract fines of up to £500,000, it has been announced.
Date: 2010-01-19

Tax Health Plan has medical pros in sights
Following the disclosure facility offered to offshore bank account holders, medical professionals are the next group HM Revenue & Customs (HMRC) has in its sights.
Date: 2010-01-19

Offshore bank accounts: The next step
With the deadline for voluntary disclosure under HM Revenue & Custom's (HMRC) Non-Disclosure Opportunity (NDO) having now passed, any undisclosed offshore bank accounts could now attract greater penalties.
Date: 2010-01-13

EU procurement: New advertising thresholds, new forms
In our final procurement update of 2009 we report on two important administrative changes: new advertising thresholds, and new OJEU notices.
Date: 2009-12-07

Store, process and transmit cardholder data? You’d better read this
As more organisations choose to process card payments, compliance with the Payment Card Industry Data Security Standard (PCI DSS) is becoming increasingly relevant.
Date: 2009-12-03

Data protection breaches could attract fines of up to £500,000
The Ministry of Justice has issued a consultation paper proposing maximum fines of £500,000 for serious and reckless breaches of the Data Protection Act 1998.
Date: 2009-11-16

Fire safety: Responsibility for evacuating people with impaired mobility
Clients appear increasingly confused by conflicting advice they have received about this from fire safety consultants.
Date: 2009-11-03

Corporate manslaughter sentencing guidelines move a step nearer
The publication of sentencing guidelines for corporate manslaughter and health and safety offences where a death has occurred have moved a step closer.
Date: 2009-10-28

IT systems: Business continuity and disaster recovery planning
Businesses rely on IT systems to conduct their day to day business. Failure of these systems can be disastrous, so it is critical organisations have coherent and resilient business continuity strategies in place.
Date: 2009-10-26

Website operators can owe duty of care to users
The first case to consider statements made on websites opens the door to claims for negligent misstatement.
Date: 2009-10-07

Interpretation of defined terms and recitals
Defined terms are used in agreements to create certainty and minimise ambiguity. However, a recent court judgment has highlighted that defined terms need not always be given their express meaning.
Date: 2009-10-07

VAT cross border supplies: Are you ready for 2010?
If you supply cross-border services there are important VAT changes coming into force on 1 January 2010 that you must be aware of.
Date: 2009-09-17

Social media and company websites
Businesses are beginning to incorporate social media functionality into websites to energise their online presence. But before taking the plunge, others should consider the commercial and legal risks.
Date: 2009-08-25

Hot fine after Shell breaches fire safety regulations
A huge fine imposed on Shell emphasises the importance to all businesses - large and small - of carrying out the steps identified in a fire risk assessment and regularly reviewing that assessment.
Date: 2009-08-12

Encryption: Being used when it should...if at all?
Following several recent high profile losses of personal data, businesses are increasingly concerned about their duties under the Data Protection Act 1998.
Date: 2009-01-29

When the drink runs dry
In the current economic climate many businesses are battling for survival, and there are daily reports of pubs, hotels, restaurants and clubs becoming insolvent or being repossessed.
Date: 2008-11-14

Pressetext case set to be landmark
When do changes to an existing public contract amount to the award of a new contract under EU procurement rules?
Date: 2008-11-12

Prepare for more information access requests businesses told
Companies should be prepared for an increase in the use of subject access requests (SARs) by individuals affected by the economic downturn.
Date: 2008-11-11

Thresholds: Contracts of cross border interest
When do Part B or below the threshold contacts have to be advertised? This is a topical issue, touched on in our Summer 2008 newsletter.
Date: 2008-11-11

Remedies Directive Consultation
The Remedies Directive was adopted by the EU Council of Ministers and the European Parliament on 11 December 2007 and published in OJEU on 20 December 2007.
Date: 2008-11-10

Internet expansion: the new .brand gTLD
The anticipated new registration scheme allowing companies to apply to register their own gTLD’s will see a huge change in the way in which the internet is structured.
Date: 2008-11-04

HMRC confirms letting strategy is not abusive
Many house builders are finding they are unable to sell new dwellings in the current downturn, leaving them a stark choice.
Date: 2008-11-03

New Year heralds prison sentences for health and safety offences
A new Act which comes into force on 16 January 2009 imposes serious new penalties for directors, employers and employees who are convicted of a health and safety offence.
Date: 2008-10-28

Sales risks: how exposed is your business?
In the current climate stories are emerging daily of situations where suppliers can no longer obtain credit insurance in respect of particular customers.
Date: 2008-10-23

Remember, remember the 5th of November
That time of year is fast approaching, and with it comes the annual firework display, roaring bonfire... and approximately 1,000 people injured.
Date: 2008-10-20

Stress in the workplace: reasons to be fearful
Employers owe a duty of care to staff, and must do all they can to protect employees’ health and safety at work. This extends to protecting employees’ mental health. Employers failing to do so can be liable for unlimited damages for psychiatric injury.
Date: 2008-10-20

Finance Act 2008 contains new residence rule
A new rule to determine whether a person is resident in the UK for tax purposes is contained in the Finance Act 2008.
Date: 2008-10-13

Guess who’s coming to dinner: HMRC extends investigative powers in relation to compliance checks
Legislation has been introduced in Finance Act 2008 (Schedule 36) setting out compliance powers which HM Revenue and Customs (HMRC) considers necessary following the merger of Inland Revenue and HM Customs and Excise, in 2005.
Date: 2008-10-13

Financial assistance laws overhaul: Harmonisation or headache?
1 October 2008 sees the eagerly anticipated repeal of the prohibition on UK private companies giving financial assistance
Date: 2008-09-24

Company Law Reform: Conflicts of Interest
As highlighted in earlier updates, one of the most significant developments in the Companies Act 2006 (the Act) has been the codification of directors' duties, with four of the seven general duties set out in the Act now in place for a year.
Date: 2008-09-24

Review urged as regulators crackdown on non-compliant websites
With a crack-down on non-compliant online retailers under way, now is a good time for operators of e-commerce sites to give themselves a legal health-check.
Date: 2008-09-24

Government set to bypass competition rules and push through HBOS/Lloyds merger
The Government has announced that it intends to issue an “intervention notice” in the Lloyds TSB HBOS merger. This almost unprecedented step effectively bypasses the merger rules which allow regulators to scrutinise and even block anti-competitive deals.
Date: 2008-09-19

VAT update: house builders letting property
A new Information Sheet published by HMRC on 15 September 2008 contains a helpful relaxation in the way the clawback operates where a house builder temporarily lets dwellings before selling them.
Date: 2008-09-16

Bleak outlook demands updated contracts
Many contracts have been signed in better times. Now the economic outlook is not as bright. Whatever the nature of the agreement (IT, outsourcing, supply etc), there may be a feeling that a contract is no longer providing the value you expect.
Date: 2008-09-03

Think twice before ganging up on Google
Google prompted angry response when it allowed businesses to sponsor keyword search terms consisting of third-party trade marks via its online advertising facility AdWords.
Date: 2008-09-03

Regulators handed greater, more flexible sanctions
As regulators are handed more weapons with which to battle non-compliant businesses, we urge those businesses not to take sanctions lying down, and to challenge them if necessary.
Date: 2008-08-15

Save HMRCs penalty kick
With new HM Revenue and Customs (HMRC) penalties regime coming into effect in April 2008, here is a brief overview of what they are and how to avoid them.
Date: 2008-08-12

BA bosses in price fixing charge
Four British Airways executives are facing prosecution for their part in a pact to fix fuel surcharges. If convicted, each could face a jail sentence of up to five years.
Date: 2008-08-08

Misleading marketing - the cost of getting it wrong
The Business Protection from Misleading Marketing Practices Regulations ("BPR's") and the Consumer Protection from Unfair Trading Regulations ("CPR's") came into force on 26 May 2008. Both sets of Regulations play a part in harmonising laws across the EU.
Date: 2008-08-07

Appeal win is good news for defendant companies
A recent Court of Appeal decision has clarified the position with regard to s.3(1) of the Health and Safety at Work Act 1974 and specifically the concept of ‘risk’.
Date: 2008-08-05

Consumer Protection from Unfair Trading Regulations 2008: Impact on the Finance Industry
The new Consumer Protection from Unfair Trading Regulations 2008 have wide-reaching implications for all sorts of businesses. Here, partner and head of asset finance Joanne Davis looks at how they might affect the finance sector.
Date: 2008-08-05

Takeover tax planning: How loan notes can help
With appropriate structuring of takeovers, sellers can benefit from tax savings by receiving loan notes.
Date: 2008-08-04

Managing sales risk in a credit squeeze
When times are tough you need to know that you will be paid for the products or services you supply.
Date: 2008-08-01

Data security breaches and the Payment Card Industry Data Security Standard
The national news has featured many cases of serious data security breaches. In June it was the retail company Cotton Traders Ltd who illustrated the far reaching consequences of inadequate security systems.
Date: 2008-08-01

Information Commissioner launches his annual report - What your business needs to know
The IC has just released his annual report for 2008 and his message to businesses is clear: "He intends to be a force to be reckoned with" and "although we may have heard similar messages over the years, this time its worth sitting up and listening."
Date: 2008-08-01

Must you disclose internal investigations to regulators?
Following a serious accident or fatality in the workplace, an organisation will no doubt want to carry out an internal investigation to try and ascertain what the root causes of the incident were and prevent future accidents recurring.
Date: 2008-07-31

Driving at work: the health and safety implications
Driving is the most dangerous work activity that most people undertake. An average 20 people are killed and 250 seriously injured every week in crashes involving someone who was driving, riding or otherwise using the road for work purposes.
Date: 2008-07-28

Further concern for landlords after spate of boiler explosions
A new Safety Alert concerning solid fuel back boilers has been issued by the Health and Safety Executive after a spate of explosions, one of which led to a fatality.
Date: 2008-07-28

Knife sales: Undercover kids
The BBC reported that in the five years leading up to 2006 no-one was jailed for selling a knife to a child in England and Wales.
Date: 2008-07-24

Consumer Credit Act pitfall for shared equity schemes
The slow-down in the housing market is prompting developers to look for more innovative ways to encourage sales of residential properties.
Date: 2008-07-24

Collecting and delivering goods safely
Every year in the UK about 70 people are killed and 2,000 seriously injured in accidents involving vehicles in and around work places - a significant number of those are during the everyday essential business activity of collecting and delivering goods.
Date: 2008-07-11

Commission leads by example and sues elevator cartel for damages
The European Commission has apparently decided to blaze a trail in the relatively untested area of private damages actions.
Date: 2008-07-08

Development agreements and the "OJEU" rules - a new case and a pause for breath
Last Thursday, the European Commission closed an investigation into a development in the German city of Flensburg. This gives us a chance, a year or so on, to look again at how the OJEU rules apply to development agreements.
Date: 2008-06-10

Treating customers fairly - Unfair commercial practices directive
The Consumer Protection from Unfair Trading Regulations 2008 primary objective is to harmonise consumer protection law across the EU by clamping down on unfair sales and marketing practices between businesses and consumers.
Date: 2008-06-09

Landlords must have robust gas safety procedures
Over recent months there have been a number of high profile cases which have been reported about gas incidents in properties owned or managed by housing landlords.
Date: 2008-06-09

OFT offers cartel tip-off rewards
The OFT has announced that, for a trial period of 18 months, it will offer cash rewards to individuals that blow the whistle on cartels.
Date: 2008-04-10

OFT Annual Plan 2008-09
The OFT has published its Annual Plan which sets out its priorities for the next three years.
Date: 2008-04-10

Commission launches sector inquiry into pharmaceuticals
The Commission has launched an inquiry into the pharmaceuticals sector, using its powers under Article 17 of Regulation 1/2003 and conducting inspections at a number of pharmaceutical companies.
Date: 2008-04-10

Competition Commission publishes provisional supermarkets remedies report
In November 2007, we reported on the provisional findings of the Competition Commission (CC) in its groceries enquiry.
Date: 2008-04-04

‘No purchase necessary’ just became unnecessary
The familiar phrase ‘No purchase necessary’ could soon start to disappear from product promotions.
Date: 2008-03-31

When does a free prize draw become a lottery? – The new Gambling Act 2005
Prize competitions and free draws are free of statutory regulatory control under the Gambling Act 2005 (the Act). Public lotteries, however, must operate under a licence.
Date: 2008-03-28

Executing documents - removing red tape
With effect from 6th April 2008, a company will be able to execute deeds and documents with the signature of only one director, attested by a witness.
Date: 2008-03-25

Minimising the risk of discrimination
According to the Equality and Human Rights Commission there are 10 million people in the UK who have rights under the Disability Discrimination Act 1995.
Date: 2008-03-25

Controlling property costs
Occupying commercial premises is a necessary evil for most retailers but there are some tactics which, if deployed, could add up to some substantial cost savings.
Date: 2008-03-19

Penalties for employing illegal workers set to soar
With new penalties to tackle illegal working coming into force, employers need to ensure that they are fully up to speed on checking employees’ right to work in the UK. Be warned, the penalties are increasing significantly and will not be avoided easily.
Date: 2008-01-30

The de minimis exception in merger cases
In November last year, the OFT raised the financial threshold in relation to markets of insufficient importance in merger cases.
Date: 2008-01-11

CC final report on the Sky/ITV inquiry
Last May, the Secretary of State for Trade and Industry referred British Sky Broadcasting (Sky’s) acquisition of a 17.9 per cent share in ITV plc to the Competition Commission for a full investigation.
Date: 2008-01-10

OFT recommendations on private actions in competition law
Last November, the OFT published its recommendations to the government on private actions for competition law damages.
Date: 2008-01-10

Update on the supermarket and dairies OFT investigation
In September 2007, we reported that the OFT had found evidence suggesting that certain supermarkets and dairies had been engaging in price fixing.
Date: 2008-01-10

JJB agrees to pay damages for football shirt price-fixing
JJB Sports has settled the claim brought by Which? on behalf of consumers overcharged by a football shirt price-fixing cartel.
Date: 2008-01-10

First charges in the UK under the criminal cartel offence
In June 2007 we reported that the OFT, the European Commission and the US Department of Justice were carrying out an investigation into a marine hose cartel. Marine hose is used for transporting oil between tankers and storage facilities.
Date: 2008-01-10

Groceries report: Competition update
The Competition Commission (CC) produced its provisional findings, on Wednesday 31 October, on the long-running groceries inquiry. This is an “interim” report, and still subject to consultation.
Date: 2007-11-02

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Ron Reid

Partner
T: 03700 86 3317
I: +44 (0)1604 54 3317
E: ron.reid@shoosmiths.co.uk