vLex United Kingdom

  • Watch out! Communications referenced/reproduced in settlement agreements might lose without prejudice or litigation privilege from production

    In BGC Brokers LP & others v Tradition (UK) Ltd & others, the Court of Appeal dismissed BGC Brokers LP’s (“Claimant“) appeal against an order allowing inspection by several other defendants of an unredacted settlement agreement between the Claimant and Simon Cuddihy (“Third Defendant“).   Background The Claimant discovered that the Third Defendant had passed... (See Article)

    Dec 6, 2019 9:33 AM

  • Directors' fiduciary duties to shareholders

    Most cases which come before the courts in connection with the sale and purchase of a company are brought by buyers against sellers. However, a recent High Court case looked at the sale and purchase of a company from a different perspective – that of the sellers who contended they were misled into selling by the management team who were leading a management buy-out. (See Article)

    Dec 6, 2019 9:32 AM

  • “A positive attitude may not solve all your problems but it will annoy enough people to make it worth the effort” – dealing with “attitude” at work, Part 1 (UK)

    So said German lithographer Herm Albright in a rare moment’s cynicism, but of course if you really want to get on your colleagues’ nerves, a hostile or negative attitude is far more to be commended. So here is a question arising from a matter on which we were recently instructed. Client’s employee has a persistently... (See Article)

    Dec 6, 2019 7:33 AM

  • UK ICO and The Alan Turing Institute Issue Draft Guidance on Explaining Decisions Made by AI

    The UK’s Information Commissioner’s Office (“ICO”) has issued and is consulting on draft guidance about explaining decisions made by AI.  The ICO prepared the guidance with The Alan Turing Institute, which is the UK’s national institute for data science and artificial intelligence.  Among other things, the guidance sets out key principles to follow and steps to take... (See Article)

    Dec 6, 2019 7:33 AM

  • UK ICO and The Alan Turing Insitute Issue Draft Guidance on Explaining Decisions Made by AI

    The UK’s Information Commissioner’s Office (“ICO”) has issued and is consulting on draft guidance about explaining decisions made by AI.  The ICO prepared the guidance with The Alan Turing Institute, which is the UK’s national institute for data science and artificial intelligence.  Among other things, the guidance sets out key principles to follow and steps... (See Article)

    Dec 6, 2019 7:33 AM

  • UK HR Two Minute Monthly: covert surveillance; holiday carry over; sexual orientation discrimination; interim relief

    Our December 2019 update outlines the key UK employment law developments over the last month. It includes cases on covert surveillance, sexual orientation discrimination when there is no identifiable victim, harassment under the Protection from Harassment Act 1997, the doctrine of state immunity as it applies to British civilians working in the UK for a foreign state, the test for interim relief in whistleblowing claims and the latest ECJ decision on holiday carry over in sickness absence cases. (See Article)

    Dec 6, 2019 7:32 AM

  • UK Conduct Regulator Sets Out Conduct Expectations of Firms For Libor Transition

    The U.K. Financial Conduct Authority has published a statement on conduct risk during the LIBOR transition, which is due to be completed by the end of 2021... (See Article)

    Dec 6, 2019 7:32 AM

  • Court of Appeal considers the meaning of "payable" in a share purchase agreement tax covenant

    This Court of Appeal decision highlights conflicting interpretations of the meaning of "payable" and illustrates how a court will go about resolving the conflict. (See Article)

    Dec 6, 2019 7:32 AM

  • November 2019: Construction Litigation Update

    Arbitration Laws Updated in the UAE; New Construction Arbitration Guide Released; and the UK Court of Appeal Weighs in on Liquidated Damages - New UAE arbitration laws: The UAE has introduced a new arbitration law, the Federal Law No. 6 of 2018 on Arbitration.  It repeals the arbitration chapter previously embedded in the federation’s civil procedure laws, which had been criticized for failing to reflect international best practice, and replaces it with a stand-alone instrument.  The new law is based heavily on the UNICTRAL Model Law and is designed to bring the UAE closer in line with other international arbitration hubs and make it a more attractive arbitration prospect.  The new law cla (See Article)

    Dec 6, 2019 7:32 AM

  • Legal Statement on Cryptoassets and Smart Contracts: A Step in the Right Direction

    An influential panel of experts in the UK has published a legal statement on the status of cryptoassets and smart contracts under English law. This development will help to move English law towards a clearer basis of recognition for cryptoassets and smart contracts as an asset class. It is an important landmark in the process of establishing the principles that cryptoassets asset class should be recognized as property and that smart contracts as enforceable under English law. (See Article)

    Dec 6, 2019 7:32 AM

  • Bank liable for employee's fraud on basis of "principle of social justice"

    The Court of Appeal in Group Seven Limited v. Notable Services LLP [2019] EWCA Civ 614 has agreed with the High Court decision to find a bank vicariously liable for the wrongdoing of its employee. (See Article)

    Dec 5, 2019 9:32 AM

  • Responsible Investment Framework: IA aims to increase clarity and consistency

    The Investment Association (IA) published the Final Report on its Responsible Investment Framework on 18 November 2019 (the Report). The Report was created following an industry-wide consultation led by the IA at the beginning of 2019 regarding the Responsible Investment Framework (the Framework); the proposal for a UK retail product label; and the use of... (See Article)

    Dec 5, 2019 7:33 AM

  • Regulation Round Up - November 2019

    1 November - The Prudential Regulation Authority ("PRA") published a Dear CEO letter in relation to the reliability of regulatory returns. Firms are expected, if asked, to be able to respond promptly to a request from the PRA to... (See Article)

    Dec 5, 2019 7:32 AM

  • If I Could Turn Back Time: Rescinding trust instruments on the basis of mistake

    Two recent High Court cases have considered the principles underpinning the Court’s power to set aside or rescind a voluntary disposition on the grounds of mistake. In the cases of Hartogs v Sequent (Schweiz) and Payne v Tyler, the Court exercised its discretion to set aside the dispositions in question where there had been a mistake as to their tax consequences.  (See Article)

    Dec 5, 2019 7:32 AM

  • Natixis v. Marex Financial and others – lessons for commodity financiers in repos and for users of warehouse receipts

    The English Commercial Court has delivered a judgment in a commodity repo dispute that has implications for commodity financiers and others using warehouse receipts. (See Article)

    Dec 5, 2019 7:32 AM

  • U.K. Employment Law Update: Holiday Pay for Part-Year Workers, Disclosures in the Public Interest and Vegetarianism as a Philosophical Belief

    Holiday Pay for Part-Year Workers - In Harpur Trust v Brazel [2019] EWCA Civ 1402, the Court of Appeal considered how the holiday pay of a part-year worker should be calculated. Ms Brazel was employed as a visiting music teacher by the Harpur Trust on a permanent, zero-hours contract. (See Article)

    Dec 4, 2019 7:32 PM

  • UKSC hands down judgment on the sale of assets by an insolvent company

    The United Kingdom Supreme Court has handed down judgment in the case of MacDonald v Carnbroe Estates Ltd. The case concerned the sale of an asset by an insolvent company at a value lower than a sale on the open market could have achieved. The Court allowed the appeal and gave guidance on interpreting "adequate consideration" under s 242 of the Insolvency Act 1986. [2019] UKSC 57

    Dec 4, 2019 11:40 AM

  • UK Tax Developments

    Retailers and brand owners should be mindful of recent UK tax developments that impact taxation of gross receipts and taxation of digital activities. The new income tax charge on offshore receipts from intangible property (“ORIP”) took effect from April 2019 and the Digital Services Tax (“DST”) is proposed to take effect from April 2020. (See Article)

    Dec 4, 2019 9:32 AM

  • The EU Justice and Home Affairs Council formally adopts new Whistleblowing Directive

    The EU Justice and Home Affairs Council has formally adopted a Directive of the EU Parliament, which aims to harmonise the protections available for EU whistleblowers who report breaches of EU law. (See Article)

    Dec 4, 2019 9:32 AM

  • OFAC, EU, and UK financial sanctions - are you compliant? Top tips for financial institutions, private equity, debt funds and other asset managers

    On 6 November we held a breakfast seminar focusing on the most important sanctions issues affecting the City and how to manage compliance with different financial sanctions regimes effectively. (See Article)

    Dec 4, 2019 9:32 AM

  • As a Retail Employer Using Drones, What Should You Be Aware Of? (UK)

    How are drones relevant to the property side of retail? As a retailer (or employer) using drones, what should you be aware of? With new regulations in the UK imminent, our specialists discuss drone rules in this brief video. (See Article)

    Dec 4, 2019 7:33 AM

  • Davis Polk Discusses Strengthening UK Merger Control

    The UK operates a voluntary merger control regime[1].  In addition, the European Commission (EC) operates a ‘one-stop shop’ jurisdiction to review the largest and most complex cases on behalf of all EU Member States, including the UK.  The combination of a voluntary UK regime and EC jurisdiction over major deals has resulted in the UK’s... (See Article)

    Dec 4, 2019 7:33 AM

  • November 2019: Patent Applications Naming Artificial Intelligence System as Inventor Raise Intriguing Questions

    Patent Applications Naming Artificial Intelligence System as Inventor Raise Intriguing Questions - In August 2019, a team of patent attorneys led by Ryan Abbott, a law professor at the University of Surrey in the United Kingdom, filed patent applications in various jurisdictions, including the United States, naming a sole inventor:  DABUS, an artificial intelligence system developed by the physicist and computer scientist, Dr. Stephen Thaler.  Some of the patent applications relate to a new type of beverage container design based on fractal geometry while others to a device for attracting search and rescue teams, which flashes a light in a rhythm that mimics neural activity.  According to (See Article)

    Dec 4, 2019 7:32 AM

  • Employment News: whistleblowing; unions; holidays

    It's not what you know – dismissal for whistleblowing despite dismissing manager's belief - In Royal Mail Group Ltd v Jhuti the Supreme Court has reinstated a decision that an employee was dismissed because she had blown the whistle, even though the manager who took the decision to dismiss genuinely believed that she was dismissing for performance reasons. (See Article)

    Dec 4, 2019 7:32 AM

  • The Good Work Plan – exciting times ahead

    The government published its Good Work Plan back in December 2018 in response to Matthew Taylor's review of employment practices. The Good Work Plan's stated aims are to provide clarity, ensure fair and decent work and facilitate enforcement. Employers need to be aware of and prepared for various changes to the employment and appointment of their staff that will come into effect on 6 April 2020. (See Article)

    Dec 4, 2019 7:32 AM

  • General Election 2019: Judicial Review Reform for Brexit Britain?

    The Conservative Manifesto 2019 includes a promise of judicial review reform. This blog discusses why the Conservative Party has included this pledge and what this could mean for Planning. (See Article)

    Dec 4, 2019 7:32 AM

  • FCA Consults on SMCR for Benchmark Administrators

    The FCA has published a Consultation Paper that sets out proposed rules for the SMCR for benchmark administrators. Key Points: ..The SMCR for benchmark administrators (that perform no other regulated activities) will apply from 7 December 2020. ..Benchmark administrators will be subject to the Senior Managers Regime and the Conduct Rules, but not the Certification Regime. ..Benchmark administrators will automatically be subject to the “Core” regime, but may move to the “Limited Scope” or “Enhanced” regimes. Please see full Alert below for more information. (See Article)

    Dec 3, 2019 7:32 PM

  • Supreme Court awards employee compensation amounting to 5% of the revenue of outstandingly profitable patent in Shanks v Unilever

    The ownership of a company’s intellectual property is a sensitive subject for many companies. A recent case considered the compensation an employee may be entitled to under the Patents Act 1977 where the patents are held to be of outstanding benefit to the employer. As it is often a company’s employees who create intellectual property,... (See Article)

    Dec 3, 2019 9:33 AM

  • Is an employer liable for harassment of its employees by third parties?

    The extent to which an employer is responsible in law for the harassment of its employees by third parties has changed several times over the years. As originally enacted, the Equality Act 2010 made employers liable for failing to protect employees against harassment by third parties in some situations. The requirements were that the harassment was related to a protected characteristic and that the employee had been harassed at least twice before. This was the so-called "three strikes rule" and it was quite controversial. However, the fact that the rule was then repealed entirely in October 2013 was perhaps even more controversial. (See Article)

    Dec 3, 2019 9:32 AM

  • Insurer Rejecting Construction Defect Claim Must Share in Defense Costs

        One insurer, who accepted the tender of defense in a construction defect case, successfully moved for summary judgment against the second insurer, who denied the insured’s tender. Interstate Fire & Cas. v. Aspen Ins. UK Ltd., 2019 N.Y. Misc. LEXIS 5800 (N.Y. Sup. Ct. Oct. 25,2019).     Standard Waterproofing Corporation was hired... (See Article)

    Dec 3, 2019 7:33 AM