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Welcome to the fourth edition of The Employment Edit – a summary of the most important recent cases and news affecting employers in the UK. We hope you find this newsletter helpful and informative. In this edition we look at:...more
To help organisations stay on top of the main developments in European digital compliance, Morrison & Foerster’s European Digital Regulatory Compliance team reports on some of the main topical developments in this area that...more
Companies contracting with consumers have to take care to ensure their agreement terms are enforceable. In one of the first post-Brexit decisions on issues in an online consumer contract, a UK court recently showed that...more
From 12 July 2020, any business (whether or not EU-based) providing an online platform or search engine to business users in the EU and the UK must comply with a new EU regulation designed to promote fairness and...more
Online content in the UK is to be regulated by a new internet regulator. A white paper consultation was published on 8 April 2019 by the UK government Department for Digital, Culture, Media & Sport (DCMS). The proposals...more
The FCA held a workshop last week on Customers in Vulnerable Circumstances which focused on its approach to ensuring inclusive and fair treatment of vulnerable consumers in the financial services industry....more
The Situation: The English Commercial Court heard a dispute regarding a back-to-back trade of distressed debt between an upstream seller and a downstream buyer, via a "riskless principal" broker, which contained an express...more
Arcadis Consulting (UK) Ltd v AMEC (BSC) Ltd [2016] EWHC 2509 (TCC), 25 October 2016 - This case highlights the risks where a simple contract is found to have been formed before more detailed terms are agreed. The court...more
As cloud storage has widely spread, there have been growing concerns from the UK authorities about whether consumer rights are effectively protected. New guidelines for consumers and a new checklist for industry bring fresh...more
Surprisingly, the distinction between negligence and gross negligence in English contract and trust law is unclear. On one view, reflected in the older cases, there is little or no difference at all....more
In April 2014 we reported on the then incoming regulations governing the sales of goods and services to consumers in the UK. Those regulations came into force on 13 June 2014 implementing the EU Consumer Rights Directive...more
If you read one thing... - In a very recent decision, the English High Court has provided clear support for the enforceability of a make-whole provision providing compensation to the holders of long-term fixed-rate...more
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
Loan investors and traders take note of the Judgment of the UK Supreme Court on 11 March 2015 in Tael One Partners v Morgan Stanley & Co International PLC [2015] UKSC 12. The Court addressed the treatment of loan “premium”...more
The UK House of Commons has highlighted the need for clarity of website terms and conditions in order to allow users to provide their "informed consent" to the terms....more