United Kingdom

News & Analysis as of

Saul better make his own call: new liability for enablers of organised crime

The law in England and Wales will shortly be reformed so that those enabling the criminal activities of an organised crime group, including professionals, can be prosecuted more easily. All businesses need to be alive to the...more

New Tribunal Compensation Limits 2015

The annual increases in compensation took effect on 6 April 2015. The most notable changes are as follows: - The limit on a week's pay for the purposes of calculating statutory redundancy payments and the basic award...more

Financial Regulatory Developments (FReD)

Headlines - Commission urges EP to accept MLD 4, ESMA consults on knowledge and competence guidelines, EU Court judges on plain and intelligible language, FCA fines Deutsche Bank £227 million for IBOR failings and misleading...more

Pensions Ombudsman: law trumps regulatory guidance - Harrison v. Prudential Assurance Company Limited PO-3184 17 Apr 2015 (the...

"Classic" pensions liberation involves transferring pension savings from a legitimate pension scheme to a scheme which provides access to those savings in a manner that is not permitted under a legitimate pension scheme and...more

FCA Publishes New Procedures and Forms for Disclosure of Material Changes by Non-UK Managers Marketing in the United Kingdom

On April 21, the Financial Conduct Authority (FCA) updated its webpage of guidance on the United Kingdom’s national private placement regime (NPPR) for the marketing of non-EU funds in the United Kingdom by non-UK managers...more

Court of Appeal holds standard clause in bills of lading to be exclusive English jurisdiction clause

Hin-Pro International Logistics Ltd v Compania Sud Americana de Vapores SA [2015] EWCA Civ 401 - The Appellant Freight Forwarder commenced actions in China under 70 bills of lading, which incorporated the Respondent’s...more

ECJ decision in Woolworths collective redundancy case

Adam Hartley, a Partner in our London office, comments: the European Court of Justice (ECJ) has today handed down judgment in the reference from the Court of Appeal in USDAW v Ethel Austin (commonly referred to as the...more

Privy Council Clarifies When Innocent Third Parties are Liable to Victims of Fraud

To what extent must a bank make inquiries as to the commercial purpose of a transaction, particularly a transaction involving an offshore structure? And when is a bank liable to compensate a victim of theft for receiving...more

Mattel v Zynga – Court of Appeal rules in SCRABBLE dispute

The English Court of Appeal recently overturned a High Court decision and found that Mattel’s SCRAMBLE Community trade mark is valid and had been infringed by Zynga’s use of SCRAMBLE and SCRAMBLE WITH FRIENDS as signs for...more

Locke Lord QuickStudy: New UK Rules on Disguised Investment Management Fees

On April 6, 2015, the United Kingdom’s taxing authority (HMRC) enacted new rules that are designed to close an investment management fee “loophole” that allowed private equity fund managers to avoid taxes on management fees...more

Health Alert (Australia) - April 28, 2015

In This Issue: Judgments; Reports; and Legislation. Excerpt from Judgments: Australia. Federal Court - 15 April 2015 - Australian Competition and Consumer Commission v ACN 117 372 915 Pty Limited (in...more

Competition and Markets Authority to consider grocery pricing practices

The Which? super-complaint - On 21 April 2015, the Competition and Markets Authority (CMA) received a super-complaint from the consumer organisation Which? in respect of perceived concerns about misleading and opaque...more

Say what you will about employment law in the UK but it is never boring.

Imagine that you have a senior employee who you have decided (for whatever reason) that you do not want anymore but you do not want to pay out his 12-month notice period. As an ingenious attempt to get around that, you...more

High Court Calls No Foul on Executive Termination

Say what you will about employment law in the UK but it is never boring. Imagine that you have a senior employee who you have decided (for whatever reason) that you do not want anymore but you do not want to pay out his 12...more

Scope for damages for data protection violations in the UK widened by the Court of Appeal

The English Court of Appeal recently gave judgement in a case arising out of the tracking of Internet behaviour via a web browser. In Vidal-Hall v Google1, the Court of Appeal found that...more

Relying on Express Contractual Powers to Change Employees’ Terms

Three recent cases in the UK have highlighted the issues employers need to consider when they want to use express provisions in employment contracts to change employees' terms and conditions. Originally published online...more

Financial Conduct Authority Fines U.S. Bank Subsidiary $19.8 Million for Reporting Failures

On April 22, the Financial Conduct Authority (FCA) fined a subsidiary of U.S.-based bank approximately £13 million ($19.8 million) for (i) improperly reporting more than 35 million various client transactions, ranging from...more

UK: Use of image taken from social media breaches UK media privacy rules

By Duncan Calow and Verity Young The UK Independent Press Standards Organisation has upheld a complaint against a newspaper after it published an image taken from social media without consent picturing a man who had been...more

Harassment and Political Belief

In the case Henderson v GMB, the UK's Employment Appeal Tribunal (EAT) had to consider whether the claimant had been subjected to harassment related to his beliefs. The claimant in the case was a trade union official who had...more

New reporting requirements for employment intermediaries

HM Revenue & Customs (HMRC) continues to strive to reduce the number of workers not subject to PAYE. It has added new reporting requirements for businesses that it considers to be ‘employment intermediaries’. Care is now...more

Landmark UK Data Protection Ruling

The English Court of Appeal has recently handed down a landmark decision confirming that an individual can recover damages under the UK’s Data Protection Act 1998 (the “Act”) for non-financial losses....more

Fine-structure Genetic Mapping of Human Population in Britain

One of the consequences of the explication of human genomic DNA by the Human Genome Project and related efforts has been a better understanding of anthropological history, i.e., how the human population has changed...more

E-commerce inquiry may affect the fashion sector

The Emperor's new clothes may undergo some changes as the fashion sector is currently under the magnifying glass of numerous competition authorities throughout Europe....more

Soaring Chinese investment in the UK - but when will the North get its share?

Chinese companies are growing in the UK at an unprecedented rate, adding a significant contribution to the UK economy through growth and employment. Research by the China Daily into UK businesses with Chinese parent...more

Investment Funds Update - Europe: Legal and regulatory updates for the funds industry from the key asset management centres and...

Tax: HMRC Publishes Filing Dates for New AIFM Mechanism for Partnership Deferred Remuneration Arrangements - The Finance Act 2014 introduced a provision intended to help partnerships (including LLPs) that are AIFM...more

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