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Preventing and resolving disputes legal updates


EDS v BSkyB: Businesses' salutary reminder as dust settles
As the dust settles on one of the longest and most talked about IT cases in recent history, it is time to look to the future and to consider whether or not the EDS v BSkyB case will lead to fundamental changes in business practices.
Date: 2010-07-27

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

Green light for redundancy payment cap – but for how long?
A recent decision is good new for employers operating contractual redundancy payment schemes, but the position may change in the future.
Date: 2010-07-12

Panel considers 700th trade union recognition application
The Central Arbitration Committee’s annual report reveals that it dealt with its 700th recognition application during 2009-2010.
Date: 2010-07-12

Employers: Why you must comply with employment law
Recent annual statistics for employment tribunal services show claims submitted reached a record figure this year – up 56% on last year.
Date: 2010-07-12

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

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

Agency worker changes under review
The new government has confirmed that the controversial Agency Workers Regulations 2010 are being reviewed – before they have even come into force.
Date: 2010-07-07

Equality Act 2010 will start coming into force in October
The new government has confirmed that it will stick with the implementation timetable for the Equality Act 2010 set by the previous Labour administration.
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

Wage rules set to change for apprentices
The new government has accepted the Low Pay Commission’s previous proposals to increase the national minimum wage and introduce an apprentice rate for the first time from October this year.
Date: 2010-06-22

The Equality Act 2010: The Devil’s work?
One getting to grips with the new Equality Act 2010 may be concerned to note that ‘being taken as a devil’ is now, apparently, a protected line of work.
Date: 2010-06-22

Dealing with grievances: What do managers need to know?
In this article we set out some guidelines for managers dealing with employees’ grievances.
Date: 2010-06-21

Supreme Court to consider the question of collective agreements on a TUPE transfer
Companies considering tendering for public sector work where employees’ terms and conditions are governed by collective agreements will be concerned to hear that the Supreme Court has granted permission for an appeal in the Alemo-Herron case.
Date: 2010-06-21

Privilege: Must you show your hand?
What is privilege? When the parties in dispute reach the stage of disclosure, they have to review their documents (both hard copy and electronic) in order to determine which they are obliged to disclose.
Date: 2010-06-16

Government orders Vetting and Barring Scheme rethink
Voluntary registration with the Vetting and Barring Scheme (VBS) due to begin next month has been halted to allow the new coalition government to fundamentally remodel the scheme.
Date: 2010-06-15

Parliamentarians are less privileged than they had hoped
In a much anticipated decision Mr Justice Saunders has ruled that three former Labour MPs and a Conservative peer are not entitled to protection from prosecution by parliamentary privilege against charges brought in the wake of the expenses scandal.
Date: 2010-06-14

Court of Appeal shifts burden of proof where client went to litigation on solicitor’s advice
The Court of Appeal has held that the normal inference is that a client whose solicitor advises him to fight rather than settle will generally rely upon that advice unless it is proven otherwise.
Date: 2010-06-07

The new UK Corporate Governance Code: What does it mean for directors?
The final version of the new UK Corporate Governance Code (the Code) was published on 28 May by The Financial Reporting Council (FRC).
Date: 2010-06-03

Can Guarantors reap a Good Harvest?
The recent Good Harvest Partnership LLP v Centaur Services Limited case could be welcome news for guarantors of former tenants, forced to pay out under a guarantee they have given in an Authorised Guarantee Agreement (AGA).
Date: 2010-06-01

Ten things managers need to know about...misconduct disciplinary situations

Date: 2010-05-26

Shoosmiths rises to university challenge
Shoosmiths has been appointed to the recently formed Nottingham Trent University and University of Nottingham legal panels.
Date: 2010-05-26

Disclosure: A duty to seek, not hide
What is disclosure? It is the stage of a dispute when each party is required to disclose to the other party the documents relevant to the issues in dispute. It normally takes place after each party has set out its position in their statement of case.
Date: 2010-05-24

Shoosmiths joins Euro-wide battle against fake goods
Shoosmiths has joined a pan-European coalition aimed at fighting counterfeit goods and piracy
Date: 2010-05-19

Employers need game plan for tackling World Cup absences
With the World Cup getting under way in South Africa next month, employers need to consider their strategy for keeping control of employee absences during the tournament.
Date: 2010-05-12

Change of legal provider was not a TUPE transfer
The Employment Appeal Tribunal (EAT) has recently ruled that TUPE did not apply when a client changed the lawyers on its legal panel.
Date: 2010-05-11

Underperforming managers: Give them extra time or send them for an early bath?
As the football season draws to a close, West Ham have sacked their manager and the future of several others looks precarious. Employment specialist and partner Richard Santy considers how to avoid employment law making an ugly mess of the beautiful game.
Date: 2010-05-11

Invoice recovery in a difficult market: Strategy and options
Maintaining cash flow is a significant challenge in the current economic climate. What started as a 'credit crunch' is now a real squeeze for business - with customers trying to defer payment terms while suppliers apply pressure for earlier payment.
Date: 2010-04-28

Builders beware! Loss liability from defects can arise in tort years after completion
The case of J A Robinson v PE Jones (Contractors) Ltd confirms that builders can owe duties of care not to cause financial loss, both in contract and in tort.
Date: 2010-04-27

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

Employers handling Iceland volcano fallout
Last week’s volcanic eruption in Iceland is causing a legal headache for employers, as planes are grounded and staff left unable to get back to work.
Date: 2010-04-20

Employees can now ask for time off to train
The new right to request time off to train came into force on 6 April 2010 for employers with 250 or more staff. It is expected to apply to all other employers from 6 April 2011.
Date: 2010-04-07

Employers must be prepared for fit notes
The new statement of fitness for work (fit note) replaced the current medical statement or ‘sick note’ on 6 April 2010.
Date: 2010-04-07

New rates for statutory pay from 4 April 2010
Do not forget that on 4 April the weekly prescribed rate of statutory maternity, paternity and adoption pay increased to £124.88 (from £123.06) or 90% of the person's average weekly earnings if less than £124.88.
Date: 2010-04-07

Regulators to get details of ‘whistleblowing’ claims
From 6 April 2010 the employment tribunal will be able to send details of cases involving whistleblowing allegations to relevant regulators such as the HMRC.
Date: 2010-04-07

Additional paternity leave regulations in force this month, but only where baby is due on or after 3 April 2011
Employers have just under a year to prepare for the extension to statutory paternity leave and pay. Our Q&As provide a starting point.
Date: 2010-04-07

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

Should registered trade mark applications for product names be made before the product is launched?
This is a question we are often asked by our automotive and retail clients. BMW has recently made registered trade mark applications for a number of new, unlaunched product names.
Date: 2010-03-29

Employment status: Warning for employers as HMRC gets heavy with WeightWatchers
A recent ruling by HM Revenue & Customs (HMRC) is a cautionary tale for organisations that use staff they treat as self-employed.
Date: 2010-03-29

Equality Bill developments: Pre-employment health questions to be outlawed
The Equality Bill is continuing its passage through Parliament and now looks set to become law before the General Election, widely expected to be held in May.
Date: 2010-03-29

Is Google off AdWords hook? Maybe
The European Court of Justice (ECJ) has today given its decision on the question of whether or not Google AdWords are a trade mark infringement.
Date: 2010-03-23

Rigorous review leads to changes in advertising code
The rules governing non-broadcast and broadcast advertising will change significantly on 1 September, 2010.
Date: 2010-03-23

IT contracts: Friend or foe? Key considerations
Whether on the receiving end of poor performance or the party in breach of an IT contract, identifying objectives from the outset is essential.
Date: 2010-03-22

Equal treatment for agency workers: businesses need to start preparing for 2011 changes
From next year there will be important changes to the the rights of agency workers.
Date: 2010-03-16

Beware public law arguments in anti-social behaviour possession proceedings
Local authorities have for some time been aware that public law arguments historically dealt with by the Administrative Court, can now be raised as defences in the County Court.
Date: 2010-03-09

All change in April for employment law
April and October are the two months when most changes to employment law are introduced. This year is no different, with plenty of changes coming into force in April.
Date: 2010-03-02

Contractual power allows employer to change employment terms without employees’ agreement
The Employment Appeal Tribunal (EAT) has ruled in favour of Asda after employees challenged its right to make changes to their pay structure unilaterally.
Date: 2010-02-22

Summary judgment as tool to control litigation costs
Summary judgment is a procedure in which a party to an action (or the court, of its own accord), can apply for an early determination of all or part of a claim without the need for a full trial.
Date: 2010-02-12

Court of Appeal rules in BA crucifix case
The Court of Appeal has handed down judgement in the case of a British Airways worker who claimed her employer's uniform policy discriminated against Christians.
Date: 2010-02-12

Procurement alert: remedies - just when you thought it was safe...
The new remedies rules may need to be interpreted in light of a very recent European Court of Justice (ECJ) Judgment in relation to limitation periods for bringing challenges for breach of the public procurement rules.
Date: 2010-02-11

Petitioning creditors: Take care when considering offers
Your statutory demand has been served but the debtor fails to pay. You issue a bankruptcy petition and serve it. At the hearing of petition the court dismisses it. How could that happen?
Date: 2010-02-11

Contractors' relief at ruling they are not bound indefinitely by third party collective agreements
In what will be a very welcome decision for employers, the Court of Appeal has ruled that contractors who take on staff as a result of a TUPE transfer are not bound by new collective agreements negotiated by third parties after the transfer.
Date: 2010-02-02

Fit notes to replace sick notes from April 2010
Following last year’s consultation on replacing sick notes with fit notes the Government has said it will bring regulations implementing the change into force from April this year.
Date: 2010-02-02

IT suppliers: dotting the 'I's and crossing the 'T's following EDS v BSkyB
The verdict has finally arrived in the long-running IT dispute between EDS and BSkyB, for which the trial ended over a year ago.
Date: 2010-01-28

Statutory paternity leave and pay extended for babies due on or after 3 April 2011
Statutory paternity leave and pay extended for babies due on or after 3 April 2011
Date: 2010-01-27

Codes of practice on discrimination set to change
The Equality and Human Rights Commission (EHRC) has launched a consultation on three new discrimination codes of practice (the Codes) to support the Equality Bill when it comes into force.
Date: 2010-01-26

Legal representation at disciplinary hearings may be needed to protect employees' human rights
The Court of Appeal has ruled that employees may be entitled to legal representation at some internal disciplinary hearings.
Date: 2010-01-26

Resolving Disputes in 2010
For the first time since Lord Woolf's 1999 reform of the civil justice system, the more conciliatory approach to resolving disputes advocated by the Civil Procedure Rules (CPR) is being thoroughly tested.
Date: 2010-01-25

EAT considers extent of sex discrimination protection for woman undergoing IVF treatment
Employees who are pregnant enjoy a significant level of legal protection.
Date: 2010-01-04

Unprecedented reduction in compensation for unfair dismissal from February 2010
For the first time ever the compensation limit in unfair dismissal cases will fall in February 2010.
Date: 2009-12-22

TUPE: Guidance given on the time frame for informing and consulting
The Employment Appeal Tribunal has clarified the timing for giving information to employee representatives where a TUPE transfer is proposed.
Date: 2009-12-22

Christian registrar loses civil partnerships fight
The Court of Appeal has rejected an appeal by the Christian registrar who claimed being forced by her employer to officiate at civil partnerships ceremonies was religious discrimination.
Date: 2009-12-22

Database of serial litigants now live
For a fee, respondents facing employment tribunal claims can now find out if the claimant has previously won or lost other employment cases.
Date: 2009-12-22

Offers under Part 36 of the Civil Procedure Rules: Offers that can't be refused?
Part 36 offers are a useful tactic to put considerable pressure on an opponent to settle a dispute.
Date: 2009-12-21

No wheelchair access meant bank breached disability discrimination law
Disability discrimination laws do not just apply to employers. They also require service providers to make reasonable adjustments for their customers – which could include altering their premises.
Date: 2009-12-01

Without prejudice: A useful tool, but when to use it?
The general rule is that statements made in a genuine attempt to settle an existing dispute should not be put before the court as evidence of admissions of wrongdoing and are privileged.
Date: 2009-12-01

National minimum wage: Sleeping-in allowance counted towards minimum wage
The Employment Appeal Tribunal (EAT) has ruled that a payment made for time spent overnight at a residential care home could be taken into account when calculating whether the employer had paid the national minimum wage (NMW).
Date: 2009-12-01

Bank charges judgment: The end of the matter?
It has been a good couple of months for the UK's embattled banks. Last month, Barclays and others were successful in their appeal against the Competition Commission's ban on the sale of payment protection insurance at the point of sale of credit.
Date: 2009-11-27

Avoiding higher tax rates: Employment and tax issues
From 6 April 2010 higher rate tax will increase to 50% on earnings over £150,000.
Date: 2009-11-26

Queen’s Speech confirms 2011 equal treatment for agency workers
The Queen's Speech has confirmed that from October 2011 the 'Government will legislate to provide agency workers with the right to be treated equally with permanent staff on pay, holidays and other basic conditions'.
Date: 2009-11-19

Employee with climate change belief protected against workplace discrimination
A decision by the Employment Appeal Tribunal (EAT) means employees holding philosophical beliefs may now enjoy legal protection against discrimination in the workplace.
Date: 2009-11-04

Occupational health guidance requires patient consent to disclose reports to employers
Employers seeking medical reports on employees from occupation health doctors may be frustrated by new guidance from the General Medical Council (GMC).
Date: 2009-11-04

Companies in breach of Data Protection Act if they disclose directors’ home addresses
From 1 October 2009 the Companies Act 2006 (the new Act) has distinguished between directors’ residential and service addresses, and requires all companies to keep a separate register of their directors' residential addresses.
Date: 2009-10-29

Take a break, but beware the pitfalls
A break option allows a tenant to terminate its lease early - a valuable right in uncertain times.
Date: 2009-10-28

Limitation periods in relation to commercial claims
A key consideration in many claims is the limitation period. This is the time within which a party must issue proceedings.
Date: 2009-10-27

First phase of Vetting and Barring Scheme in operation from 12 October 2009
The new Vetting and Barring Scheme aims to prevent unsuitable people from undertaking paid or volunteer work with children and vulnerable adults. It will vet all those who wish to work with vulnerable groups and bar those shown to pose a risk.
Date: 2009-10-16

Can we talk? How to have a without prejudice conversation with an employee
‘Without prejudice’ is the legal term for ‘off the record’. In a dismissal situation – maybe for poor performance – an employer may wish to speed up the formal process by offering a termination package on a without prejudice basis.
Date: 2009-10-16

ECHR consultation on gender pay reporting in private sector
Under the Equality Bill, currently going through Parliament, private employers with 250 or more employees will be required to report on the gender pay gap within their organisations from 2013.
Date: 2009-10-06

New law on agency workers could come early next year
A new law giving significant new rights to agency workers looks set to become law sooner than expected.
Date: 2009-10-06

Redundancy: When does duty for collective consultation arise?
The ECJ has recently given guidance on when the duty to consult collectively under the Collective Redundancies Directive (98/59/EC) is triggered.
Date: 2009-10-06

Dismissal to avoid pension costs was age discrimination
The Employment Appeal Tribunal has found that a 49-year-old employee suffered age discrimination when he was made redundant to avoid pension costs that would have arisen once he reached 50.
Date: 2009-10-02

Parents can swap statutory leave between them from 2011
The Government has launched a consultation on regulations to extend statutory paternity leave and pay.
Date: 2009-10-02

U-turn on pledge to extend paid maternity leave to 12 months
Perhaps the first casualty of the need for the Government to tighten its belt was seen earlier this month when it emerged that statutory maternity pay would not be increased, as expected.
Date: 2009-10-01

Discrimination gets more expensive
The Employment Appeal Tribunal (EAT) has increased the amount that tribunals must award for injury to feelings in discrimination cases.
Date: 2009-10-01

ECJ extends holiday entitlement for sick workers even further
The European Court of Justice (ECJ) has handed down another significant case concerning the holiday entitlement of employees who have taken sick leave.
Date: 2009-09-30

October employment law changes
October is one of two regular implementation periods for employment law changes - the other is April - we round up the changes to look out for.
Date: 2009-09-30

Default retirement age lawful, but Government review looms
The High Court has rejected Heyday’s long-running challenge to the UK’s default retirement age of 65, holding that it is lawful to force employees to retire at that age, provided the correct procedure is followed.
Date: 2009-09-30

Google AdWords don't infringe Trade Mark law
Google has been offering advertisers the right to buy keywords corresponding to well known trade marks. These AdWords allow businesses to ensure their web page appears whenever a relevant keyword is used by someone using Google's search engine.
Date: 2009-09-23

Litigation and third party funding
Even in a recession, litigation costs continue to hit the headlines. Widely accepted as expensive and unpredictable, in the downturn it is essential to consider all available tools to help to manage litigation costs.
Date: 2009-09-22

Court confirms consultant's breach of confidence
The Chancery Division of the High Court has ruled in favour of the Vestergaard Group of Companies after defendants - including two ex-employees and a consultant - went to work for a competing company to develop rival products.
Date: 2009-08-13

eBay announces new minimum standards for sellers
From 1 October 2009 all eBay sellers will need to ensure that their number of transactions with detailed seller ratings (DSR) of 1 and 2 for 'item description' is below 3%.
Date: 2009-08-13

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

Law Lords' ramp ruling ends threat of legal action
Companies and organisations cannot be sued by staff injured when using equipment not provided or maintained by their employer.
Date: 2009-05-20

Businesses urged to beware 'clickwrap' trap
Businesses ordering or installing computer software could find themselves in a legal tangle with 'clickwrap' agreements
Date: 2008-12-18

Coke Cola ordered to change its name
Coke Cola Limited has been ordered to change its name by the Company Names Tribunal (CNT).
Date: 2008-12-17

The OFT release new Information Sheets
Given the current economic climate, it has been a busy year for all lenders, but coupled with the biggest overhaul of Consumer Credit Law since 1974, with the introduction of Consumer Credit Act 2006, the changes for this year are not over yet.
Date: 2008-12-10

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

Goodbye statutory procedures, hello ACAS code of practice
The new ACAS Code of Practice (the Code has been approved by the Secretary of State for Business, Enterprise and Regulatory Reform, and will now go to Parliament for final approval.
Date: 2008-11-14

Turbulent times bring landlords' remedies to the fore
In these turbulent economic times the remedies available to a landlord against a defaulting tenant are once again in the spotlight.
Date: 2008-11-14

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

Get ready for immigration system’s big shake-up
The biggest shake-up of the immigration system for 45-years happens at the end of November. Tiers 2 and 5 of the new Australian-style points-based system come into force on 27 November 2008.
Date: 2008-11-10

Redundancy rights and wrongs
With the UK economy continuing to be buffeted by the storm of the global financial crisis, the effects are now starting to be felt nearer to home in the real economy.
Date: 2008-11-10

Don't fall victim to corporate ID theft
Increasing numbers of businesses are falling victim to identity theft, Shoosmiths has warned.
Date: 2008-11-04

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

New serious crime offences for IP cheats
Trademark and copyright infringers face new punishments as a result of the Serious Crime Act 2007.
Date: 2008-11-03

Doh! Law degree requirement was not age discrimination
The Employment Appeal Tribunal (EAT) found that a 61-year-old employee was not discriminated against on the grounds of age when his employer introduced a new grading system.
Date: 2008-11-01

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

Law firm Shoosmiths to open in Manchester with lender services team
National law firm Shoosmiths has announced plans to open a new office in Manchester within the next three months, establishing the firm’s first base in the North West.
Date: 2008-10-13

Adjudicators must give both sides a fair hearing
Less than 1% of adjudication decisions are not enforced by the Court. Recently the Court was asked to consider a new argument based on breach of natural justice, associated with the strict timetable required in adjudications.
Date: 2008-10-08

Companies Act offers hope for defending company names
New legislation from 1 October 2008 will give the owners of goodwill in a mark a new weapon against those seeking to take advantage of the reputation of their brand.
Date: 2008-09-29

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

Guard against rising corporate identity theft
Increasing numbers of businesses are falling victim to identity theft. According to figures released by life assistance firm CPP, the number of cases has risen by 154% since June 2007.
Date: 2008-09-23

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

Jumping the gun on retirement was age discrimination
In a recent case an employer paid a heavy financial penalty for retiring an employee one day before his 65th birthday. The employment tribunal awarded the employee over £36,000 in compensation.
Date: 2008-08-20

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

Debt recovery remedies on the way - but not until 2009
A raft of new remedies is being proposed as a result of the Tribunals, Courts and Enforcement Act 2007.
Date: 2008-08-08

Mediation - being unreasonable and maintaining privilege
Mediation has been triumphed as the way forward but what about when it fails? Do the costs consequences mean you should always take part even if you fail to actively participate and are the costs of mediation itself recoverable?
Date: 2008-08-08

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

Lenders urged to consider changes when planning debt recovery strategies
The Common Financial Statement (CFS) was relaunched on 16 June 2008. Sponsored by the British Bankers Association (BBA) and the Finance and Leasing Association (FLA), the CFS provides trigger figures agreed with the industry and advice sector.
Date: 2008-08-05

Draft Construction Contracts Bill - how will the changes affect you?
The proposed amendments to the Act have now been issued by DBERR. They are due to progress through parliament this session, but the key question is are they as anticipated and do they cover the recommendations made for change?
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

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

European Court of Justice (ECJ) ruling extends UK’s discrimination law
The ECJ has delivered a ruling which extends the ambit of the UK’s disability discrimination legislation to those who are discriminated against because of their association with a disabled person but who are not themselves disabled.
Date: 2008-07-22

House of Lords changes the law on disability-related discrimination
The House of Lords has delivered a major judgement which will change the way in which the Disability Discrimination Act 1995 is interpreted and which is expected to make it harder for employees to succeed in claims of disability related discrimination.
Date: 2008-07-14

Resolving a dispute? New rules for asking an expert
Alternative Dispute Resolution (ADR) is considerably less ‘alternative’ than it was five years ago. The Academy of Experts, the professional body for expert witnesses around the world, has just published new rules for expert determination.
Date: 2008-07-03

Draft ACAS guidance on new disciplinary and grievance Code of Practice published
ACAS has published draft guidance to accompany the new Code of Practice that is expected to come into force in April 2009 which sets out good practice for dealing with discipline and grievances in the workplace.
Date: 2008-07-01

Three issues key to bank charges test case
On 24 April 2008, the now celebrated test case on charges made by banks and building societies for unauthorised overdrafts was taken to the High Court by the Office of Fair Trading (OFT), seven UK banks and a building society.
Date: 2008-06-13

Brands' frosty reception for keyword search policy change
Search engine Google has made a significant policy change to its online advertising facility - AdWords - in the UK and Ireland, allowing open bidding on all keyword search terms, including those protected by trademarks.
Date: 2008-06-12

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

Jimmy Choo obtains favourable settlement against Office
Office, the High Street footwear retailer, has agreed to pay almost £7,500 and destroy over 1300 pairs of shoes after Jimmy Choo claimed that Office had copied its famous “Metallic Framed” heel.
Date: 2008-04-03

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

Unfair and aggressive trading practices to be outlawed
A crackdown on aggressive selling will for the first time prohibit businesses from adopting ‘unfair trading practices’ and see more than 30 specific types of business methods blacklisted in a move to protect consumers.
Date: 2008-03-21

Employers could be liable for equipment in private homes
Thousands of companies and organisations could be sued by staff injured even when using equipment not provided or maintained by their employer.
Date: 2008-03-04

Shoosmiths launches new finance litigation and regulatory team in Birmingham
National firm Shoosmiths has launched a new finance litigation and regulatory service in Birmingham with the appointment of a team of four from BPE Solicitors.
Date: 2008-02-26

Residential landlords alert after scalded baby death inquest
Shoosmiths is urging residential landlords to heed warnings about the dangers of hot water systems after an inquest into the death of a severely scalded 10-month-old baby said the tragedy could have been avoided.
Date: 2008-02-06

Shoosmiths gives copycats the boot
A London-based retailer has agreed to remove more than 130 pairs of boots from sale and donate them to Oxfam after designer Georgina Goodman claimed it had copied one of her styles.
Date: 2008-01-31

Suppliers urged to safeguard goods in tough trading climate
Suppliers are being warned to protect their goods amid predictions of a tough trading climate in 2008.
Date: 2008-01-21

Fraudsters targeting IT wholesalers to rake in millions of pounds a day
IT companies are among the top targets for fraudsters stealing around £4 million a day from UK businesses.
Date: 2007-10-26

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Alex Bishop

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T: 03700 86 4188
I: +44 (0)121 625 4188
E: alex.bishop@shoosmiths.co.uk