UPDATE: Government consultation on employee ownership and share buy backs
The BIS report on the Nuttall Review of Employee Ownership was published in July 2012.
Collective redundancies: 90 day consultation period to be halved from April 2013
The Government has confirmed that it intends to reduce the minimum collective redundancy consultation period from 90 to 45 days where 100 or more redundancies are proposed, from next April.
Assessment of costs in exaggerated claims
A recent High Court decision in Brit Inns v BDW Trading Ltd considered the circumstances in which a successful claimant would have to pay the majority of the defendant's costs
Protect your image now - because you can!
On 3 December 2012 Guernsey brought into force its new image rights legislation which allows, for the first time anywhere in the world, for such rights to be registered.
Autumn Statement 2012: Tax summary
The Chancellor delivered the Autumn Statement 2012 on 5 December. This is a summary of the main tax points of interest, with draft legislation enacting the proposed changes scheduled to be published on 11 December.
Transfer of a business as a going concern: Change of practice by Revenue
Following the Tax Tribunal's decision in the case of Robinson Family Limited, the Revenue has decided not to appeal.
Disclosure of tax avoidance schemes: Revised guidance
The Revenue has recently published revised guidance on the disclosure of tax avoidance schemes.
Revised security registration regime
The current system for registration of company charges has existed for more than 100 years, but has recently been criticised for being too fixed and outdated.
Cloud computing: Data protection issues
According to a recent article by Shoosmiths, the cloud software market generated $22 billion in revenue in 2011, and expects growth to $67.3 billion by 2016
Petitions for winding-up: The end of a property transaction?
Before entering into any transaction involving a company, it is essential to check that no winding-up petition has been presented against it.
Will an EPC rating of F or G prevent a letting?
There are widespread concerns that from April 2018 it may be unlawful to let residential or commercial properties with an EPC rating of F or G.
The Effective Agent: Risk reduction in the murky, litigious water of agency agreements
In this article we explore agency agreements and consider how risk can be reduced in such agreements.
Combating spam tactics: How to stay on top
What's all this about penguins, pandas and search engine optimisation?
Bribery, money laundering and sanctions in high risk jurisdictions: Have you updated your risk assessments?
The Financial Action Task Force (FATF) - the global standard-setting body for anti-money laundering and combating the financing of terrorism - has issued an updated advisory notice on current high risk jurisdictions.
Women on Boards: EU moves the debate on
On 14 November the long awaited proposals from the European Commission on improving the gender balance on company boards were published
Sponsorship licences: clock is ticking for employers
Employers holding sponsorship licences which allow them to lawfully employ migrant workers must make sure they do not miss an important renewal deadline which is fast approaching.
Failure to rectify data mix-up leads to ICO fine
The Information Commissioners Office has fined an insurance company for mixing up two customers' accounts and failing to rectify the mistake
Extension of flexible working law delayed until 2014
The Government has confirmed it is extending the right to request flexible working to all employees, but the changes won't be implemented until 2014
Empty properties rates reliefs: further thoughts
There has been a further decision considering the effectiveness of arrangements entered into by property owners for the purposes of mitigating the effect of the rates charged on empty properties.
Top Tips: Debt and mental health
Approximately one in six adults could be living with mental health issues.
Compulsory retirement: making a come back?
The last day on which employers could rely on the default retirement provisions was 5 October 2012, but could compulsory retirement make a re-appearance?
Court of Appeal clarifies general damages increase
In July 2012, the Court of Appeal held that the amount of general damages in certain types of tort claims would be increased by 10%.
UK whistleblowing law set to change
The Enterprise and Regulatory Reform Bill currently going through Parliament will change the UK's whistleblowing legislation.
HSE fee for intervention scheme
The Health & Safety Executive will introduce a Fees for Intervention (FFI) Scheme on 1st October 2012.
Simpler reporting requirements look to increase transparency
Last week the Department for Business, Innovation & Skills (BIS) released a set of draft regulations designed to reduce the complexity involved in narrative reporting for large British companies and increase transparency.
VTB v Nutritek: Preserving the corporate veil?
The corporate veil principle - that a company has a separate legal personality from its members - is a long established and fundamental element of English company law. It operates to keep a company's liability separate from those who control it.
Mental health restrictions on directors could be abolished
Mental health organisations have joined together to urge MPs to abolish historic laws which discriminate against people with mental health issues.
New route to UK IPO market
The government has announced new proposals designed to make the UK a more attractive and competitive listing destination for high growth businesses.
Teachers: Regulator and regulation changes
As of 31 March 2012, as a result of a change in the law, teachers in England are no longer regulated by the General Teaching Council (GTC).
Assets of community value: The new village green?
Developers are well aware of the risk of a town or village green application and the delay it can cause to a potential development. The new threat of delay is a bid for an asset of community value (ACV).
European Commission consults on e-books commitments
The European Commission is seeking comments on commitments offered to it by a number of parties to its e-books investigation.
Section 106 Agreements and Financial Viability: Time for a change?
On 13 August 2012, the Government issued a consultation paper Renegotiation of Section 106 planning obligations, which seeks to facilitate the modification of obligations agreed in a better economic climate.
Solar panels: FITs and starts
Solar panels are appearing all over the country on a wide variety of properties, including new homes.
Data protection notification: Is your organisation committing a criminal offence?
Some organisations may be falling foul of the Data Protection Act 1998 by failing to notify details of their personal data processing to the Information Commissioner's Office (ICO).
Auto enrolment: employee inducement and prohibited recruitment contact
Auto enrolment may still feel as if it is some way off for most employers, but 2013 is the year many will be required to auto enrol their workforce into a qualifying scheme.
ECJ says downloaded software can be re-sold by purchaser
Europe's highest court has ruled that downloaded software can be re-sold by the purchaser.
Utility easements: Issues of exclusivity
Developers keen to advance a housing project should be cautious when asked to sign-off a standard form of easement requested by a utility company.
Private damages awarded for a competition law infringement for the first time in the UK
It has been an established principle for some years that persons who have suffered loss as a result of competition law infringements may claim damages for the loss they have suffered as a result
British Bankers Association forced to review LIBOR calculation
The British Bankers Association (BBA) has announced the next steps in its review of how the London Inter Bank Offered Rate (LIBOR) is calculated, following allegations by regulators on various continents that banks have colluded to manipulate LIBOR.
It is impossible to refinance $46 trillion within current global liquidity, so what to do?
European companies could face serious challenges refinancing a wall of maturing debt over the next few years as the region's banks deal with the impact of regulation and fallout from the Eurozone debt crisis
Second-hand software market: To what extent can 'used' software be re-sold legitimately?
Creators of software programs may not be able to prevent the resale of 'used' copies of software programs legitimately paid for and downloaded by their own customers from the internet.
Supreme Court rules on strike out for dishonest claimants
The Supreme Court of the United Kingdom has today (27 June) handed down judgment in the case of Fairclough Homes Limited (Appellant) v Summers (Respondent).
CRC: Sale of allowances for phase 1
Regulations setting out how the Environment Agency will sell allowances under phase 1 of the CRC Energy Efficiency Scheme (CRC) came into force on 24 May 2012.
Employers need game plan for tackling Euro 2012 absences
With Euro 2012 about to kick off, employers need to consider their strategy for keeping control of employee absences during the tournament
Directors' remuneration: Is the Enterprise and Regulatory Reform Bill paving the way for shareholders' voting rights?
Is your side letter at risk of being non-binding?
The key component of a legally binding document is certainty of the drafted terms.
Retailers beware pricing pitfalls
Faced with difficult economic times, retailers continue to look for innovative ways to attract customer loyalty - one of them is through price promotions.
Front of pack nutrition labelling: Consultation published
The Department of Health has launched a consultation on 'front of pack' labelling in a bid to make choosing healthier foods easier for consumers.
FCPA compliance alone is not sufficient
Recent research amongst UK businesses has shown them to be complacent about compliance with the UK Bribery Act.
A comparison between UK Bribery Act and the FCPA
The UK Bribery Act is wider in scope than the US Foreign & Corrupt Practices Act (FCPA) in a number of respects.
Liability of parent companies and the actions of their subsidiaries
A long-awaited High Court appeal decision could have considerable implications for businesses.
New asbestos regulations in force
The Control of Asbestos Regulations 2012 came into force on 6 April, and all previous regulations have been revoked.
HSE annual enforcement initiative could cost construction industry over £1.5m
The HSE has reported that nearly one in five construction sites failed safety checks during its annual month-long drive to improve building site safety.
Co-operation's what you need: outsourcing customer breaches duty of good faith
The High Court has found that a provider of catering services was entitled to terminate its contract with an NHS Trust for material breach, on grounds that the Trust breached its contractual duty to act in good faith.
Are you complacent about Bribery Act compliance?
What exactly is causing UK businesses to be complacent about compliance with Bribery Act legislation?
£3,750 per word: The cost of a defamatory tweet
Twitter users beware. A High Court ruling has established that the cost of a tweet can far exceed its author's expectations.
Advertising update: Further restrictions ahead for unhealthy food ads?
Scotland's Public Health Minister Michael Matheson has backed calls for a pre-9pm ban on TV adverts for food and drink high in fat, sugar and salt.
Websites may not be a durable medium
Following the slower than anticipated uptake of e-commerce, the Distance Selling Directive 97/7/EC was implemented with the principal purpose of encouraging consumers to trust and use e-commerce by providing them with certain levels of protection.
Understand EPC changes or risk £5,000 penalty
New regulations affecting buildings' energy performance are due to come into force next month
BEWARE! Olympic brand is fiercely protected
The Olympic Games is a huge 'brand', commanding global media attention for advertisers, it represents a golden opportunity for a marketing boost. However, it is also one of the most fiercely protected brands in the world, with complex legal protection.
HMRC's latest targets: electricians, e-marketplace traders, missing tax returns, home improvements, direct selling
Making the right exit: Lessons learned from AstraZeneca and IBM
After what must have been many hours negotiating their Master Services Agreement (MSA), AstraZeneca UK and IBM recently found themselves involved in a complex dispute on the meaning of the terms contained within it.
Shiver me timbers: New EU Timber regulations that could put you at risk
In March 2013, new legislation prohibiting the placing on the market of illegally harvested timber will come into force.
Home working rules relaxed
Recent reviews of UK health and safety legislation by Lord Young and Professor Ragnar Löfstedt recognised a need to reduce the burden on small businesses and low risk activities.
The High Pay Commission's Final Report - Cheques with Balances: Why tackling high pay is in the national interest
How to interpret contracts: Use commercial common sense
When the terms of a commercial contract are ambiguous or unclear, the courts will often be given the tricky task of ascertaining how the contract should be correctly interpreted.