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Compliance, regulatory & risk legal updates


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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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 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

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

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

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

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

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

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

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

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

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

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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