The Energy Act 2011 (the Act) called for the introduction of regulations affecting the leasing of properties with poor energy performance in Scotland, England and Wales. The Assessment of Energy Performance of Non-domestic Buildings (Scotland) Regulations 2016 implements the Act in Scotland, and the Energy Efficiency (Private Rented Property) (England and Wales) Regulations 2015 implements the Act in England and Wales. Whilst the same basic concept of reduction of energy consumption flows from the Act, there are significant differences between the jurisdictions in the manner of implementation of the Act and content of the relevant regulations. Ultimately, the potential practical consequences for property owners now diverge between the jurisdictions and need to be adequately assessed and taken into account. Continue reading “Energy Performace Regulations – what you need to know if you operate in both Scotland and England”
Home Office Announce Changes to Tier 2 Immigration Route following MAC Review
The Migration Advisory Committee (MAC) is an independent body commissioned to advise the Government on migration issues. On 19 January 2016, the MAC published its greatly anticipated review of the current Tier 2 category under the Points Based System. Specifically, the MAC was tasked to advise the Government on proposed changes designed to address the increasing number of migrants in this category and to prevent industry reliance on such migrants to fill skills shortages. Continue reading “Home Office Announce Changes to Tier 2 Immigration Route following MAC Review”
Execution of documents under Scots Law
For those dealing with transactions and businesses in Scotland it is important to remember that Scots Law differs from English Law in a number of respects, and one of area of difference which has, in the past, caused much gnashing of teeth (particularly during late night closing processes) is the law around the requirements for the execution of documents. Continue reading “Execution of documents under Scots Law”
The rise of third-party funding: turning potential claims into a profit centre
Damages litigation in a commercial context is often viewed as a distinctly double-edged sword: your company may have been harmed and may have lost significant money or opportunity but the cost of recovering these, the time involved and the exposure in potentially not succeeding often lands such potential claims in the distant corners of the virtual in-tray. This often means that such claims are not pursued or are abandoned following a very rudimentary high-level assessment. Continue reading “The rise of third-party funding: turning potential claims into a profit centre”
Right to rent checks and how ‘picky’ landlords may end up with a claim for unlawful discrimination
Right to rent checks were introduced by the Immigration Act 2014 and, following a successful pilot scheme in parts of the West Midlands, became effective for all private tenants in England from 1 February 2016 (currently, the scheme does not apply in Scotland, Wales or Northern Ireland). Continue reading “Right to rent checks and how ‘picky’ landlords may end up with a claim for unlawful discrimination”
M&S and implied terms: better not left unsaid…
Marks and Spencer plc v BNP Paribas Securities Services Trust Company (Jersey) Ltd [2015] is set to be the leading authority on implied terms for some time to come. The Supreme Court confirmed that the more restrictive test of strict necessity remained applicable in all cases. All practitioners must understand the impact of the decision both for the drafting of instruments, the exercise of contractual rights and before commencing potentially costly litigation. Continue reading “M&S and implied terms: better not left unsaid…”
Points on pre-packs: directors’ duties in an administration sale
The High Court has ruled in a case regarding a director’s conduct in relation to an administration pre-pack sale. In Capital for Enterprise Fund A LP and Maven Capital Partners UK LLP v Bibby Financial Services Ltd [2015], the secured loan creditors claimed that they suffered loss as a result of one of the directors conspiring with the company’s major supplier and a third-party invoice finance company in arranging a pre-pack administration sale to a connected Newco purchaser of which the director was also a director and shareholder. Continue reading “Points on pre-packs: directors’ duties in an administration sale”
Navigating the minefield of data export
European businesses have always needed to tread carefully in relation to exporting personal data outside the European Economic Area (EEA). This has never been more true than recently when data export became the biggest issue in data protection.
The cat was set among the pigeons in October 2015 when the European Court of Justice (ECJ)invalidated the export of personal data to the US via safe harbour and has been shrouded in uncertainty ever since. The Commission’s new deal on ‘safer harbour’ with the privacy shield has not provided the certainty hoped for and many businesses and lawyers are left scratching their heads as to what they can now do and not do. Continue reading “Navigating the minefield of data export”
Cyber security: the human element
Naive or disgruntled employees frequently pose the greatest risk to cyber security and, more widely, protection of confidential information. Continue reading “Cyber security: the human element”
Sustainability and IP: a match made in heaven?
When British costume designer, Jenny Beavan, won the Oscar for her work in Mad Max: Fury Road at the 2016 Academy Awards, she said in her acceptance speech that the film could be ‘horribly prophetic if we’re not kind to each other, and if we don’t stop polluting the atmosphere’. Mad Max is set in a post-apocalyptic world where the planet is a desert wasteland, humanity is broken and gasoline and water are scarce.
Continue reading “Sustainability and IP: a match made in heaven?”
Seeing the wood for the trees: which aspects of the new General Data Protection Regulation should you focus on?
The EU’s governing bodies recently reached an agreement on the text of the new General Data Protection Regulation (GDPR) after months of ongoing trilogue negotiations. Continue reading “Seeing the wood for the trees: which aspects of the new General Data Protection Regulation should you focus on?”
2016 trends in dispute resolution: abuse of dominance litigation for consumer-facing TMT companies
The idea of masses of consumers galloping after shares of companies’ profits for anti-competitive behaviour has probably not been one which has been keeping corporate counsel awake at night. But the combination of (1) the new Consumer Rights Act; (2) a mature litigation funding market; and (3) the developing nature of antitrust enforcement, makes for a heady mix, and one which can be expected to lead to a new and very different climate in 2016 for companies playing (either directly or indirectly) to the consumer market. So it is particularly pertinent for the technology, media and telecommunications sector. Continue reading “2016 trends in dispute resolution: abuse of dominance litigation for consumer-facing TMT companies”