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Advertising & Marketing Newsnotes - Panoramic molehill

The press made mountains out of a molehill this summer by spreading silly-season rumours that the well-established freedom to take photos of buildings and sculptures in public places (the so-called...

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Advertising & Marketing Newsnotes - Branded brinkmanship

Jack FM has been given a ticking off for an offensive and ill-timed ident, making light of a tragic plane crash in the Alps. The radio station, with a self-proclaimed “adult audience”, ran the ident...

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Advertising & Marketing Newsnotes - Supermarkets: super-complaint

In April this year, consumer group Which? made a ‘super-complaint’ to the new Competition and Markets Authority (CMA). Super-complaints were made possible over a decade ago, allowing designated...

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Advertising & Marketing Newsnotes - Thank you for the music

Ofcom has recently found BritAsia TV in breach of the Broadcasting Code following a complaint about the prominence of references to sponsors in its TV Music Awards programme.Knowing me, knowing...

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The House of Lords questions the future of self-regulation for the UK...

In recent years, many aspects of life in the United Kingdom seem have to fallen into disrepute. Scandals like the wholesale use of phone hacking by the tabloid press have triggered existential...

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Parodying lyrics: You say hustlin’, I say shufflin’, let’s call the whole...

A US judge in Florida has rejected a claim by rapper Rick Ross for copyright infringement. Ross is the rapper responsible for the hook “everyday I’m hustlin’” in his 2006 song Hustlin’. LMFAO are the...

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Is VAT following the crowd?

SummaryThe EU VAT Committee recently published guidelines on the VAT treatment of crowdfunding. For entrepreneurs who are considering crowdfunding, especially those adopting the reward-based model, it...

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No duty of loyalty owed by directors to shareholders

BackgroundOn 12 November 2015, in Sharp & Others v Blank & Others [2015] EWHC 3220 (Ch), Mr Justice Nugee handed down his latest judgment in litigation between the directors and shareholders of...

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Limited company sues for age discrimination

A recent case in the Employment Appeal Tribunal (EAT) has confirmed that all legal persons, including companies, can bring claims for discrimination. BackgroundIn EAD Solicitors LLP and others v Abrams...

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What is a slavery and human trafficking statement and do I need to prepare one?

The Government has published practical guidance Transparency in Supply Chains etc. on the new legislation now in force that requires a commercial organisation which meets certain criteria to publish a...

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Rescue Rangers

As someone who enjoys a good pun, it would be all too easy to write an article packed with sporting metaphors and allusions. However, the coverage of the Rangers case (known to the legal world as...

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B Corporations – what are they?

You may not have heard the expression yet but B Corporations (or B Corps) have recently been officially launched in the UK. B Corps are for-profit organisations that have been certified in recognition...

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Proper Purpose Test clarified by the Supreme Court

It is often thought that the court will not interfere with decisions of directors which are within the range of decisions which directors could, acting reasonably, make. However, the new decision of...

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New EU Procuement Thresholds

New EU procurement thresholds apply from 1 January 2016 for the period until 31 December 2017.The new thresholds are slightly lower due to fluctuations in exchange rates over the last two years and...

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Dividend tax reform: are you better or worse off?

In his Summer Budget last year, George Osborne announced big changes to the way in which company dividends are taxed. Those changes are due to take effect from April 2016, and will result in a lot of...

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What’s obvious to some is not obvious to all: Supreme Court espouses a...

“Rent” is what a tenant pays to occupy premises – agreed? So you might think it was “obvious” that a tenant shouldn’t pay rent for any period after the tenancy terminates – e.g. in circumstances where...

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Highlights of 2015....and what's in store in 2016?

LOOKING BACK ON 2015Trade marks and passing offEnterprise v Europcar 2015 (High Court)Europcar launched a new logo which involved the use of a green ‘e’ shape similar to the logo widely associated with...

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CMA suspects online retailers of resale price maintenance

At a time where the European Commission is conducting an investigation into the e-commerce and e-books markets, the UK’s Competition and Markets Authority has issued statements of objections to two...

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When a loss becomes a gain: accounting for gains made when mitigating losses

Following a breach of contract, the innocent party is usually entitled to damages.  Broadly speaking these are set at a level required to put them in the position they would have been had the contract...

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Online traders and the ODR Regs: More red tape or a chance to re-think your...

SummaryThe European online dispute resolution platform (ODR Platform) is a website run by the European Commission designed to facilitate the independent, fast and fair out-of-court resolution of...

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