Olympics update - a round up of all the latest news

Wragge & Co has pulled together the latest Olympics news so you can glance through and pick out the bits that are of interest to you.

Another Pensions Bill

Pensions legislation has been a constant state of change for the last few years. The recent introduction of the second Pensions Bill in 2007 into the House of Commons continues this trend.

Companies Act 2006 - are you ready for 2008?

During 2007, we issued a series of briefing notes summarising the major changes in company law introduced by the Companies Act 2006 (CA 2006).

Rome II - Thinking ahead

Simple choice of law clauses in commercial contracts often set out what law should be applied by the courts when interpreting the contract. That law will usually apply to the resolution of contractual disputes.

It's reasonable to rely on the court's decision

A local authority homelessness reviews officer is, in all but the most extreme cases, entitled to rely on a court's decision in possession proceedings based upon rent arrears when determining if an applicant for housing is intentionally homeless or not.

Apple dances to the European Commission's tune

Apple has announced that within six months it will cut the prices it charges for music from its UK iTunes store to match those charged in other European countries.

Government announces future of nuclear power

The Government has today published a response to its Future of Nuclear Power consultation in the form of a Nuclear White Paper.

Energy Bill published

The Government published the Energy Bill on 10 January to implement the legislative aspects of last year's Energy White Paper. It is the Government's intention to obtain Royal Assent to the Bill by this summer.

Government Response to Renewables Obligation consultation

On 10 January, the Government published a response to its most recent Renewables Obligation consultation, alongside its Nuclear White Paper and Energy Bill. We have already issued alerts on the Nuclear White Paper and the Energy Bill.

Extension of Freedom of Information Act to private sector?

The Ministry of Justice is consulting with public and private entities and the general public on whether to extend the application of the Freedom of Information Act 2000 (FOIA).

Thinking ahead - Rome II from the banker's perspective

From 11 January 2009, the Rome II Regulations will apply to determine the law governing non-contractual obligations between parties to a contract.

Trade marked goods and stopping over in Europe

Arguable trade marked goods may be 'imported' into the European Community even if they have not been released into 'free circulation' here.

LGPS: new ill-health pension benefits

The new Local Government Pension Scheme will be introduced from 1 April 2008. Under the new arrangements, scheme employers will have an increased role in determining the level of any ill-health pension payable to a member.

Offshoring and TUPE: the courts speak at last

In the case of Holis Metal Industries v GMB and Newell Ltd, the Employment Appeals Tribunal confirmed that TUPE does in principle have the potential to apply to the transfer of a service or business entity outside of the UK and the EU.

Banking update: report and review on recent cases

Personal liability of a director, transfer of property, breach of freezing orders, joint liability and promissory estoppel; Wragge & Co's Banking and Finance experts bring you the latest on the cases affecting the industry.

Government guidance - what is a package holiday?

What constitutes a 'package' holiday is an issue of concern for the travel industry.

Property update

Wragge & Co's real estate experts bring you the latest property law issues. Read their comment on these issues and take note of any action points that will help you and your organisation.

Companies Act 2006 for banks: the latest on implementation

Are you aware that shortly before Christmas, the Government announced that a number of changes proposed for 1 October 2008 were to be postponed for a further year, until 1 October 2009? 

Caught on camera - New CCTV Code of Practice out today

As public awareness of rights under Data Protection legislation increases, those who use CCTV should be aware of the appropriateness of their use of CCTV and their handling and storage of the data and images it produces.

Employment law in China

Employment law in China underwent a major reform on 1 January 2008 following the adoption of the Chinese Employment Contract Law. Together with the existing Chinese Labour Law of 1994, it applies to all foreign nationals, with some limited exceptions.

Energy Performance Certificates

The introduction of Energy Performance Certificates (EPCs) for commercial buildings is phased, but they will be required on the construction, sale or rent of all commercial buildings by 1 October 2008.

Employment legislation diary - 2008 and beyond

Employment law changes to look out for over the coming 12 months and beyond.

Let's get ready to rumble - Important changes in Commercial Court practice from February 2008

Changes are coming into force in the Commercial Court from 1 February 2008. Parties and their advisers will be expected to be familiar with the changes and to conduct litigation accordingly.

LGPS: more consultation on admitted body status

Partnerships between the public and the private sectors often involve a TUPE transfer of employees from the public body to the contractor.

All change - UKIPO's practice in rejecting all computer program claims is wrong

Since the Court of Appeal judgment in Aerotel/Macrossan, UK Intellectual Property Office (UKIPO) has been refusing computer program patent claims, despite allowing corresponding method and apparatus claims on the basis...

Fixed and floating charge holders cannot participate in prescribed part for shortfalls

Secured creditors with an unsecured shortfall cannot claim a share of the prescribed part of the floating charge realisations set aside for unsecured creditors under Section 176A of the Insolvency Act 1986.

Who employs the agency worker? Some relief for end-users

The courts continue to grapple with the question: who employs the agency worker? Are they employees of the agency, the end-user, or neither?

Pension Protection Fund (PPF) voluntary certificates: the deadlines approach!

The deadlines are fast approaching for employers and trustees to ensure that they are paying the lowest pension protection levy for 2008/09 as possible.

Competency under the Construction (Design and Management) Regulations 2007 and how to assess it

Under the new Construction (Design and Management) Regulations 2007 clients must ensure that their proposed CDM co-ordinator, designers, principal contractor and contractors are competent.

CC recommends triple whammy for the 'Big Four'

The Competition Commission (CC) has just issued a press release in relation to its long-awaited provisional remedies decision. According to Wragge & Co antitrust partner Bernardine Adkins, this matter isn't as straightforward as many commentators believe.

Paid pension scheme trustees: the new money laundering requirements

The money laundering regime requires certain service providers, including some paid pension scheme trustees, to have in place systems to prevent money laundering as well as to report any suspicious transactions to the Serious Organised Crime Agency.

OFT criticised by High Court judge for milking publicity

The Office of Fair Trading (OFT) has come under unprecedented criticism following its high-profile investigation into alleged price-fixing in the dairy industry.

Are trade marks comparatively useless?

If the European Court of Justice follows the Advocate General in the O2 v H3G reference, businesses in the UK will not only be powerless to sue for breach of the Comparative Advertising Directive (only public bodies have rights of action)

Property update

Wragge & Co's real estate experts bring you the latest property law issues. Read their comment on these issues and take note of any action points that will help you and your organisation.

Banking update

Mortgage indemnity guarantees, fraudulent valuations, adverse possession and valid demands for repayment; Wragge & Co's Banking and Finance experts bring you the latest on the cases affecting the lending industry.

Ofgem launches energy market probe

Yesterday Ofgem announced an investigation into competition in the retail energy market in Great Britain in a response to mounting political and media pressure about rising energy bills.

LGPS: governance compliance statements - deadline changed to 1 June 2008

The deadline for Local Government Pension Scheme (LGPS) administering authorities to publish their first revised governance compliance statement has moved from 1 March 2008 to 1 June 2008.

Consumer Protection Regulations: Are they fair trade?

Revisions to the Consumer Protection from Unfair Trading Regulations 2008 and Business Protection from Misleading Marketing Regulations 2008 were put before parliament yesterday by the Department for Business, Enterprise and Regulatory Reform.

Reputation, reputation, reputation

If the latest proposals by the Sentencing Advisory Panel are adopted as currently seems likely, organisations convicted of corporate manslaughter after 6 April 2008 could face a potential PR disaster.

Tax credits - deadline fast approaching

Following changes to the Finance Act 2006, all companies are required to finalise their Research & Development (R&D) tax credit claims by 31 March 2008, for the periods 1 April 2002 - 31 March 2006.

Pensions Regulator issues guidance on conflict of interests

The Pensions Regulator has published draft guidance on conflicts of interest.

Norris avoids US extradition - but for how long?

The House of Lords has today confirmed that Ian Norris, former chief executive of Morgan Crucible, will not be extradited to the US on the charge of price-fixing.

IP update

Three intellectual property alerts and analyses from Wragge & Co's Intellectual Property team.

The Budget 2008

So was this the 'Green Budget' or the Budget of 'resilience' - Alistair Darling's version of 'prudence'? No doubt the media will be the judge.

Banking Update: report and review on recent cases

Wragge & Co's banking and finance experts bring you the latest on the cases and issues affecting the lending industry.

Energy Performance Certificates - transitional provisions published

Weeks before Energy Performance Certficates become compulsory, the Government has published regulations containing transitional provisions.

Legislative changes affecting development and refurbishment projects

April sees legisltive changes affecting development and refurbishment projects. Get all the information from Wragge & Co's legal experts.

Don't blame the forum shoppers, blame the European Patent litigation system

In the context of pan-European patent litigation relating to BlackBerry mobile devices, the Court of Appeal has provided some useful guidance.

How to execute a document after 6 April 2008

Further sections of the Companies Act 2006 come into force on 6 April 2008, permitting the execution of a document by the signature of just one director. Read our expert advice and analysis.

Are you ready for 6 April?

From 6 April 2008, several pieces of new legislation could have a significant impact on the construction industry.

Recycle, recycle, recycle

On 6th April 2008 the Site Waste Management Plans Regulations come into force. What does this mean for you?

Employers ceasing to participate in an underfunded multi-employer DB scheme: new employer debt requirements

On 6 April 2008 new regulations published by the Department for Work and Pensions on employer debt come into force. Wragge & Co's expert analysis explains all.

Money laundering: new and wide-ranging registration obligations

From 1 April 2008, extensive new registration obligations will be introduced by the Money Laundering Regulations 2007. These apply to Money Service Businesses, High Value Dealers, Trust or Company Service Providers and Accountancy Service Providers.

Implementing the 2007 Local Government and Public Involvement in Health Act

The importance of establishing and maintaining good governance at a local level is highlighted in 'The Governance of Britain' green paper and the Local Government and Public Involvement in Health Act 2007.

Professional appointments

Local authority lawyers can have a bewildering variety of forms of professional appointments pass over their desks. How can they judge the comparative strength of appointments when they can differ so much in terms of structure, origin, length and drafting?

Snooper's charter and privilege

Did you know the public can access your court documents including those lodged in judicial review proceedings or the Employment Tribunal?

Property update - March 2008

Wragge & Co's real estate experts bring you the latest property law issues. Read their comment on these issues and take note of any action points that will help you and your organisation.

All Change! The new-look LGPS

Despite Communities and Local Government's promises to have regulations a year in advance, the final form administration, benefit and transitional regulations were very late in coming.

New regulations for construction and design professionals

The new Construction (Design and Management) Regulations 2007 have been introduced to raise the level of professional competence and accountability in public sector contracts.

Is harassment the new workplace stress claim?

An individual claiming to have suffered personal injury as a result of workplace harassment has various potential claims against their employer - breach of contract, personal injury, discrimination and a claim under the Protection from Harassment Act 1997.

Local government update

At Wragge & Co we aim to add value through our experience and expertise to help you find solutions that suit your organisation. The following stories focus on some of the legal issues facing local government.

Corporate manslaughter

Local authorities will be more vulnerable to prosecution where their actions or omissions cause a death, under new Corporate Manslaughter and Corporate Homicide Act, which comes into force on 6 April 2008.

Freedom of information

It has been a challenging year in the world of freedom of information, with failed attempts to exempt MPs from its ambit and revise the fees regulations. The Act is here to stay and it looks like it is about to dig even deeper.

Unitary status - staffing

Now that parliamentary approval has been granted for new unitary authorities, the complex task of getting the new councils up and running is under way. With the new authorities taking on the reigns of power from April 2009, the timetable is tight.

Money laundering and paid pension scheme trustees: deadline of 1 April changed

Money laundering regulations require some paid pension scheme trustees to register with HM Revenue and Customs. Read Wragge & Co's expert assessment of what this could mean for your organisation.

Regulator and clearance: the finalised guidance

In September 2007 the Regulator published draft revised clearance guidance. Following consultation, the Regulator has now finalised this guidance. Read Wragge & Co's expert advice on what this could mean for you.

EC publishes White Paper on damages: an effective system of antitrust litigation?

On 3 April 2008, the European Commission (EC) published its White Paper on damages actions for breach of the EC antitrust rules.

Part time workers: an opportune reminder

A quarter of employees in the UK work on a part-time basis and regulations are in place to ensure they are treated the same as their full-time colleagues. Wragge & Co's legal experts keep you informed of what this could mean to you and your organisation.

Imminent changes to the Sex Discrimination Act

On 6 April changes to the Sex Discrimination Act come into effect. Read Wragge & Co's alert to get all the information you need.

VAT on electronic services - the rules are changing

The rules on charging VAT on electronic services are changing.

ASA v Ryanair - OFT, you decide!

After banning its ninth Ryanair advert in just two years, the Advertising Standards Authority (ASA) has referred Europe's largest budget airline to the Office of Fair Trading.

To waive (privilege) or not to waive? - that is the question

Wragge & Co's legal experts provide action and analysis on the costs consequences of unreasonable behaviour at a mediation and the potential automatic waiving of privilege in a document mentioned in a witness statement.

The property developer's step-by-step guide to generating green energy

Wragge & Co's construction and energy experts have compiled an analysis of the ways in which green energy can be produced and a step-by-step guide on how to become a renewable energy producer.

Proposed increase in the pension regulator's anti-avoidance powers

On 14 April 2008, the Government announced plans to give increased anti-avoidance powers to the Pensions Regulator. Read Wragge & Co's analysis of the Government proposals.

Transfer values: new regulations published

The Occupational Pension Schemes (Transfer Values) (Amendment) Regulations 2008 were published on 11 April 2008, and are due to come into force on 1 October 2008. Wragge & Co's legal experts analyse what this could mean for you and your organisation.

Banking update: report and review on recent cases

The proposed new general pre-action protocol, traceability of payments, receivers and foreign debts, unfair relationships and the Consumer Credit Act and the Uniform Rules for Collection; Wragge & Co's Banking & Finance experts bring you the latest news.

Update your business - unfair trading law changes

Sales and marketing departments watch out – the revised Consumer Protection from Unfair Trading Regulations will now come into force on 26 May 2008. This new date gives traders much needed extra time to get their houses in order.

High Court ruling on bank charges

The High Court has handed down judgment in the first stage of the OFT's challenge to the legality and fairness of bank charges. For all you need to know on the judgment, read Wragge & Co's expert analysis.

Corporate governance issues for UK subsidiaries of international corporates

The UK is home to many international businesses, including subsidiaries of overseas parent companies. Yet, corporate governance issues affect all companies within any group, not just the parent.

Two important issues affecting you

Our legal experts tackle two important issues concerning arbitration and exclusion clauses. Can you afford not to read on?

Relocation, relocation

Will the last company to leave the UK please turn the lights out?  The news that United Business Media (UBM) is planning to follow Shire Pharmaceuticals out of the UK might be raising some questions in government at the moment.

Is that exclusion clause enforceable?

The Court of Appeal has reversed an earlier court decision which refused to allow a party to rely on an exclusion clause contained in its standard terms of business. Read our expert analysis of the case.

NICE result for Eisai

The Court of Appeal has judicially reviewed guidance issued by the National Institute for Clinical Excellence (NICE) concerning the prescription of certain medicines for the treatment of Alzheimers and held it to be procedurally unfair.

Search engine sponsored links - important developments for trade mark owners

The UK High Court has been asked to consider whether by offering keywords to advertisers which are the same as or similar to another's trade mark, Yahoo infringed that mark.

Adidas - two stripes and you're out

In yet another trade mark dispute concerning the Adidas three stripe mark, the European Court of Justice has indicated that the need to "keep free" simple shapes has no relevance to determining the scope of protection a registered mark.

Exclusive licensee's Dalek claim is exterminated

The publisher of the original Dr Who books has been unsuccessful in its claims of copyright infringement against the BBC for its publication of a Dalek Survival Guide. To learn more about the High Court judgment, read our expert analysis.

Winning and losing under Part 36

"Beating" a Part 36 offer will not necessarily lead to a costs order in your favour as seen in Carver v BAA. Read our analysis of this potentially far reaching decision and consider our action points when reviewing all Part 36 offers.

Using open source software to deliver online services?

As a Gartner report published earlier this year suggests, the uptake of Software as a Service, also known as Application Service Provision, will experience substantial growth over the next few years.

RFID - tracking privacy through the process

The retail applications for Radio Frequency Identification (RFID) – ranging from general inventory management and improving customer service to the development of item level remote tracking - has the potential to revolutionise the shopping experience.

Expert determination: no way out!

This week, in Owen Pell Limited v Bindi (London) Ltd., the Technology and Construction Court clarified the potentially binding nature of an expert determination. Read our analysis of the case with action points before you agree to an expert determination.

Health & safety legislation alert - The Health and Safety (Offences) Bill

Employers could face the double threat of jail sentences and bigger fines for a greater number of health and safety offences under proposed new legislation. Wragge & Co's legal experts keep you informed with the facts.

Generics v Lundbeck

Within its judgment in Generics v Lundbeck, the Court of Appeal has provided important guidance on the judgment of the House of Lords in Biogen v Medeva regarding the enabling disclosure the specification must provide to support the claims in the patent.

Getting to know you...

Pre-employment verification checks are on the increase. Action Against Business Crime (AABC) has launched a new service for retailers to help them carry out these checks.

Display Energy Certificates

From 1 October 2008, public authorities and institutions providing public services to large numbers of people must exhibit a Display Energy Certificate in their buildings over 1,000 square metres.

Banking update: report and review on recent cases

Wragge & Co's Banking and Finance experts bring you the latest on the cases and issues affecting the lending industry.

Incoterms review

Ex-works, Free Carrier (FCA), Free on Board (FOB) and Delivered Duty Paid (DDP) are all examples of International Commercial Terms (Incoterms).

Property update - May 2008

Wragge & Co's real estate experts bring you the latest property law issues. Read their comment on these issues and take note of any action points that will help you and your organisation.

The Agency Workers deal: Is this "the right deal for Britain"?

The Government's agreement with the TUC (Trade Union Congress) and the CBI (Confederation of British Industry) for UK agency workers to receive equal treatment after 12 weeks has made headlines. Read Wragge & Co's expert analysis of situation.

IP update May 2008

The long-awaited Court of Appeal judgment in the Actavis UK Ltd v Merck & Co Inc patent case has been handed down.

Use of open source software in the public sector

On 19 May, OGCBuying.solutions announced that it was collaborating with BECTA, the government agency for the use of IT in education, to establish a new framework agreement for educational software licensing.

OGC Model ICT agreement: Version 2.2 - evolution not revolution

Version 2.2 of the Office of Government Commerce (OGC) model information and communications technology (ICT) services agreement and guidance was published on 30 May 2008.

Latest round of offshore wind gets the green light

The Crown Estate has today announced eagerly awaited further information in relation to the tender process for the latest round of offshore windfarms (Round 3) at the British Wind Energy Association conference in London.

Trade marks: equal treatment for all applicants?

Should applications for trade marks at EU member state registeries all be treated equally? The European Court of Justice will shortly have to consider this issue. Graf von Westphalen have put together an analysis of this important development.

New ICO guidance on local authority intra-departmental sharing of personal data

On 30 May 2008, the Information Commissioner's Office (ICO) published a good practice note for local authorities on sharing personal data between departments.

 

Balancing Act: Landmark European agreement on working time and agency workers

A landmark agreement on both the review of the Working Time Directive and a new Temporary (Agency) Workers Directive was reached by the EU Employment Council in the early hours this morning. Wragge & Co's legal experts bring you the latest on this news.

CC finds fault with PPI industry

On 5 June 2008, the Competition Commission (CC) published its provisional findings regarding competition in the Payment Protection Insurance (PPI) industry.

The UK: no place for product placement?

The UK Government shocked advertisers yesterday by announcing that it will exercise its option under the new Audio-Visual Media Services Directive not to allow product placement to appear on British television.

Prison sentences for marine hose cartelists

The Office of Fair Trading (OFT) has finally used the sharpest instrument in its cartel-busting toolkit, with the first prison sentences being passed against three British businessmen (a combined term of over eight years) under the cartel offence.

The ECJ has ruled but who has won? H3G have claimed victory in the long running "bubbles" comparative advertising case, but the truth is not so clear...

The European Court of Justice (ECJ) has declined to follow the opinion of Advocate General Mengozzi.

Offshore electricity transmission: another piece of the jigsaw

Last Friday, Ofgem and BERR published a Policy Update. Read Wragge & Co's expert analysis of the update and take note of any relevant action points.

Citiworks: the end of private electricity distribution networks?

The so-called "Citiworks" case has gained a great deal of notoriety since the European Court of Justice (ECJ) delivered its judgment last month (22 May 2008).

Banking Update: report and review on recent cases

Wragge & Co's banking and finance experts bring you the latest on the cases and issues affecting the lending industry.

New Guidance on Data Protection Issues & TUPE Transfers

The Information Commissioners Office (ICO) has finally published new guidance on data protection issues & TUPE transfers. Wragge & Co's legal experts tell you what you need to know.

Defra Changes Guidance on Green Tariffs

On 16 June, Defra issued new guidance on how companies should calculate their carbon footprint. Read our expert comment on the new guidance.

Mortgage fraud and a chargee's power of sale

The recent case of Barclays Bank plc v Guy is an important Court of Appeal decision that includes important commentary on the provisions of the Land Registration Act 2002. Wragge & Co's legal experts analyse the decision and provde useful action points.

Immigration update

Wragge & Co's legal experts bring you the latest immigration news.

Department of Health publishes key guidance documents for commissioners

In May 2008, the Department of Health published the PCT Procurement Guide and Framework for Managing Choice, Cooperation and Competition. Read Wragge & Co's expert advice and comment on what this new guide could mean.

Commission right? Read on...

In a further indication that the housing market is becoming increasingly tough, there have been three cases within the last year concerning the ability of estate agents to claim and recover commission after introducing purchasers to a property.

The Renewable Energy Strategy: finally a fair wind?

Yesterday, the Government announced its national renewable energy blueprint and put its renewable energy strategy out to consultation.

Property Update - June 2008

Wragge & Co LLP's real estate experts bring you the latest property law issues. Read their comment on these issues and take note of any action points that will help you and your organisation.

Securing exclusive appointments

Read Wragge & Co's expert analysis which demonstrates why any property agent or surveyor needs to get the drafting of their exclusive appointments right if they are to secure payment.

The UK - no place for product placement

The Culture Secretary, Andy Burnham, announced this month that the UK Government will not exercise its option under the AVMS to allow paid product placement to appear on British television. Read our expert analysis of product placement issues.

Construction update: report and review of recent cases

Wragge & Co's Construction experts bring you the latest on the cases and issues affecting the lending industry.

Brand owners score important point in eBay battle

In a decision that is bound to be welcomed by many brand owners, eBay has been ordered to pay more than €38 million (£31.6 million) to the LVMH group.

China's National Intellectual Property Strategy: a step toward a better IP environment

China's State Council released its Compendium of China National Intellectual Property Strategy in June 2008. This is likely to lead to significant changes to the IP system in China.

Are Modchips now legal?

There has been a lot of "noise" on the net suggesting that due to the latest criminal case relating to an alleged mod chips related offence.

Construction - is it law or fact?

If a narrow construction of a patent has been made by a court in earlier proceedings, does this mean an infringement action which requires a wider construction to succeed is doomed?

New rules for advertisers

The Committee for Advertising Practice (CAP) is looking to update its advertising codes to reflect new law. But has it gone too far, or not far enough?

Germany: patent litigation revisited

In Germany, applications for interim injunctions to prevent alleged patent infringement have until now been rejected by the infringement court if the patent in suit has been revoked by the Federal Patents court at first instance.

It's my party and I'll cry if I want to: health minister accuses GPs of cartel activity

On Saturday 5 July, the NHS celebrates its 60th birthday. Meanwhile, health minister Ben Bradshaw has accused some GPs of making "gentlemen's agreements" not to take each other's patients.

OGC ICT Services Model Agreement: mandatory security provisions from 1 July 2008

The Office of Government Commerce (OGC) issued version 2.2.1 of the OGC IT Services Model Contract on 1 July 2008, amending the security provisions in version 2.2 of the model contract.

Patent validity - the Lords take a step in the right direction

The House of Lords has delivered a patent law decision which is likely to be welcomed by innovative companies throughout the UK and the pharmaceutical industry in particular.

Residential landlords and Energy Performance Certificates - new guidance

Energy Performance Certificates (EPCs) for buildings in the social or private rented sectors will be required on lettings to a new tenant from 1 October 2008.

Are your terms and conditions up to scratch?

The Financial Services Authority's (FSA) paper, "Fairness of terms in consumer contracts: a visible factor in firms treating their customers fairly", lays bare its views regarding the terms and conditions used in firms' standard form consumer contracts.

Financial Ombudsman Service not bound by common law

In determining a complaint under the Financial Services and Markets Act 2000, the financial ombudsman's opinion as to what is fair and reasonable in all the circumstances of the case carries more weight than the common law.

Shake-up for the data protection regime...

The Data Sharing Review, published on 11 July, potentially marks the start of a comprehensive review of data protection law and practice in the UK. If the authors have their way, it could also spark off a review of EU law.

eBay wins brands battle - but for how long?

eBay will be relieved by yesterday's ruling in the long-running legal action brought against it by Tiffany in the US.

European Parliament backs deal reached with European Council to cap aircraft emissions from 2012

All airlines operating flights in to or out of the European Union will find themselves subject to the requirements of the European Union's emissions trading scheme (EU ETS) from 2012.

The pregnancy debate: you're fired

Nicola Brewer, chief executive of the Equalities and Human Rights Commission, said that employers are thinking twice about offering women of child-bearing age jobs or promotion because women are now entitled to a year off for each child.

NAO releases report on Department of Transport shared services

At the end of May, the National Audit Office (NOA) released its report on the much criticised Department for Transport (DfT) shared services agreement.

Comparing complex services - Orange ad should have disclosed the sweet and the sour

The Advertising Standards Authority has banned an Orange 'Home Max' broadband and telephone package advert featured in national and regional press.

Everyone is created equal (but some are more equal than others). Latest developments in discrimination law

The courts and tribunals have been busy as ever, delivering decisions in discrimination cases.

Patent validity - UK's highest court takes a step in the right direction

Patent law has once again been the subject of consideration of the House of Lords in Conor Medisystems Inc v Angiotech Pharmaceuticals Inc & Others.

Employee patent disputes - What have the Romans ever done for us?

The patent which was the subject of extended entitlement proceedings between Markem Systems Limited and Zipher Limited now been found invalid.

Advocate General attempts to clear away the confusion

The Advocate General has delivered her opinion in the INTELMARK case as to when a later mark should be considered to have taken unfair advantage of or be detrimental to the distinctive character of an earlier mark with a reputation - here the famous INTEL.

Property update - July/August 2008

Wragge & Co's real estate experts bring you the latest property law issues. Read their comment on these issues and take note of any action points that will help you and your organisation.

Maternity leave and pension contributions

Rules covering non-cash benefits will change this year for pregnant employees with a childbirth expectance week of 5 October 2008 or later.

Offshore electricity transmission - publication of draft tender regulations

The Department for Business Enterprise and Regulatory Reform has published a first draft of regulations containing the legal framework for the methodology for determining how and to whom offshore transmission licences will be granted.

Last chance for product placement - consultation now open

The Department for Culture, Media and Sport opened up a consultation yesterday on the implementation of the Audiovisual Media Service Directive.

Articles of association health check

The Companies Act 2006 introduced a number of important changes.  Many of the Act's provisions are already in force with the remainder coming into effect on 1 October 2008 and 2009.

Out with the old and in with the new? The Regulatory Enforcement and Sanctions Act 2008 - a summary for local authorities

Now that the Regulatory Enforcement and Sanctions Act has received Royal Assent, local authorities could soon be inundated with requests to enter into a primary authority partnership from businesses who operate in two different local authority areas.

Equal pay chaos...

The Court of Appeal has handed down its judgment in the combined appeals in the long-running equal pay disputes of Redcar and Cleveland Borough Council v Bainbridge and Others and Surtees and others –v- Middlesbrough Borough Council.

Profit warning - when is loss of profit too remote to recover?

Liability clauses – can't live with them, can't live without them. But as time, and practice, goes on, they become more and more complex. So, it is becoming increasingly important to explain the likely interpretations of the phrases used.

New money laundering registration guidance: HMRC clarifies position for trustees of occupational pension schemes

On 31 July 2008 Her Majesty's Revenue & Customs published updated guidance on the registration requirements for Trust or Company Service Providers (TCSPs) and Accountancy Service Providers (ASPs) under the new Money Laundering Regulations.

The shining beacon

Those involved in high density city centre developments may face claims that the scheme infringes rights of light enjoyed by one or more adjoining owners.

Data Protection reforms abound

Following the release of the Data Sharing Review, the UK's Information Commissioner Richard Thomas has continued to criticise the European Data Protection Directive (95/46/EC). He has referred to it as out of date, bureaucratic and in dire need of reform.

Changes to the adjudication and payment provisions: draft Construction Contracts Bill

Last month, the Department for Business, Innovation and Skills (BIS) published a draft Construction Contracts Bill to amend Part 2 of the Housing Grants Construction and Regeneration Act 1996.

Energy Performance Certificates - updated guidance

The Department for Communities and Local Government has published a second edition of its guide to Energy Performance Certificates for the construction, sale and let of non-dwellings.

Ryanair threatens to cancel scraped flights: how the way a contract comes into being affects its enforceability

Ryanair has announced that it intends to cancel all flight tickets which have not been purchased directly from its website www.ryanair.com or call centre.

The lender's duty to obtain a proper price on a sale

In the current economic climate, it is not surprising that an increasing number of lenders are enforcing their security by exercising their power of sale either directly or by appointing a receiver.

Stradivarius Espana v OHIM - illegible marks: you might not understand them, but they are not confusing!

On 20 June 2001, Cristina Ricci's predecessor in title applied to register the device mark "Stradivari 1715" (the opposed mark) as a Community Trade Mark for goods in classes 14, 16 and 18.

Eli Lilly v Human Genome Sciences - gene sequence patents get a dressing down

In Eli Lilly v Human Genome Sciences, the English Patents Court sets out guidelines for the first time on the industrial application criteria for patentability (the EPC equivalent to the US "utility" requirement).

Open source software licences - enforceability upheld by the US Court of Appeals

On 13 August 2008, the US Court of Appeals for the Federal Circuit upheld the restrictions contained within the Artistic Licence. The Artistic Licence, commonly used for PERL software packages, is one of the top ten licences used for open source software.

Banking update: report and review on cases

The obligation to value the correct property, the need for certainty when agreeing security for loans, immunity from enforcement actions and taking a party's disabilities into account;

Money laundering and terrorist financing

On 8 August 2008, the Joint Money Laundering Steering Group (JMSG) issued guidance on the meaning and importance of "equivalent jurisdictions". 

All signs point in one direction - mediation

Anyone who litigates will be interested in what the Master of the Rolls recently had to say, namely that parties should be encouraged and perhaps directed to engage in mediation.

Licensing and sponsorship

The Border & Immigration Agency is bringing in the new Sponsorship and Licensing regulations and have now officially set a deadline for licence applications to be submitted, being 1 October.

Rochdale not Roanne - EU procurement update

Rochdale Metropolitan Borough Council has just announced that it will re-run its procurement procedure for the choice of developer for its 350,000 square feet, £250 million town centre development scheme.

Moving on out: transfer laws due to change

The way cash equivalent transfer values (CETVs) are calculated is about to change.

Marks, set, ambush - associating your brand with the Olympics

Thanks to Team GB's Beijing medal bonanza and the official handover to London as the next host city, the Olympic Games has dominated the news over the last few weeks.

Sentencing alert - time to sit up and take note

The case of R v Edeco Petroleum Services Ltd serves as a warning that a casual approach to health and safety will cost companies money.

More Companies Act 2006 provisions coming into force

 On 1 October 2008, a further series of changes to company law will come into force as a result of the implementation of parts of the Companies Act 2006.

Financial assistance from 1 October 2008

Few bankers and professions involved in leveraged finance, management buy-outs or management buy-ins will lament the passing of the prohibition on private companies giving financial assistance for the purchase of their holding company's shares.

Property update - September 2008

Wragge & Co's real estate experts bring you the latest property law issues. Read their comment on these issues and take note of any action points that will help you and your organisation.

Employment law in the EU - What you need to know

Employment law keeps, mostly, within national borders: people do not. Human Resource managers and in-house lawyers need to be aware of developments not just in the UK but in every country in which their people operate.

Arbitration appeals - (how to avoid) washing your dirty laundry in public

One of the long established advantages of arbitration over the use of courts to decide disputes is that the arbitration process is private and the eventual award is confidential to the parties involved.

Lucasfilm v Ainsworth - a new hope for copyright clarity?

In a case concerning the costumes of Star Wars characters, the High Court has provided guidance on what articles can amount to "works of artistic craftsmanship" and/or "sculptures".

Private charges consultation closes

Monitor's consultation on the application of the private charges cap to NHS foundation trusts (FTs) closed at the beginning of this week.

Back to school - an update on the latest pensions developments

The last few months have seen a number of developments in the pensions arena, so we have decided to outline some of the key changes in one document for your return from the summer break: Back to school!

Redundancy, discrimination and industrial meltdown

It's tough out there. Redundancies are at the forefront of many employers' minds. Unfortunately tribunal decisions reveal that redundancy policies might well break age discrimination laws.

Terminate to accumulate?

In the current climate, landlords need to know what steps they can take if they suspect that their tenant is, or may be about to become, insolvent.

Energy Performance Certificates - new regulations published

New regulations have been published which amend the Energy Performance of Buildings (Certificates and Inspections) (England and Wales) Regulations 2007.  The new regulations extend the transitional period for EPCs and make various other changes.

Public involvement and consultation about health services

The Local Government and Public Involvement in Health Act 2007 makes important changes to arrangements for patient and public involvement in the provision of health and social care services under the NHS. 

Not just a load of hot air

The regulations which introduced the requirement to obtain Energy Performance Certificates and Display Energy Certificates also impose obligations to inspect certain air-conditioning systems by 4 January 2009.

Listen up! - the EPO is required to hear witness evidence on prior use

An interesting development has just hit the European Patent Office (EPO). It concerns the situations in which the EPO will now hear oral witness evidence concerning an alleged prior use.

Banking Update: report and review on cases

Creditors appointing their preferred administrators; the new rules on service of proceedings; some tell tale signs of mortgage fraud; and submitting a claim form out of time in a Company Voluntary Arrangement.

Personal data security breach checklist

Is all publicity good publicity? Organisations that have come under the media spotlight for losing personal data might not agree.

Heyday: why you're wrong to be relieved

The challenge to a state retirement age of 65 had fallen at the first hurdle; most of the coverage reported there was a long way to go but it was very much round one to the Government.

Adjudication: Refusing to pay due to the financial circumstances of the receiving party

In the current economic climate, a major concern for those in the construction industry is the risk of being dragged into adjudication proceedings by companies in financial difficulties.

Public involvement and consultation about health services

On 14 September 2008, the Secretary of State for Health made the National Health Service (Directions by Strategic Health Authorities to Primary Care Trusts Regarding Arrangements for Involvement) Regulations 2008 (the Regulations).

Charitable trade mark use - is it "genuine"?

Can charities and other non-profit making organisations safely keep hold of their registered trade marks when they don't use them on any goods they sell or in respect of any services they provide for payment? Are such marks at risk of being revoked?

Maternity leave and non-cash benefits - what's changed?

The rules covering non-cash benefits during maternity leave have changed for women who have an expected week of childbirth (EWC) commencing on or after 5 October 2008.

Ofgem probe: no evidence of cartel

Ofgem, the energy regulator for Great Britain, has announced its findings after a seven-month investigation into the energy supply markets.

Court of Appeal still considers EPO case law on computer programs exclusion to be inconsistent

The UK Court of Appeal has today handed down its keenly awaited judgment in Symbian Ltd v Comptroller General of Patents. This concerns the ambit of the "computer programs... as such" exclusion from patentability.

Pensions Regulator announces conflicts of interest guidance

The Pensions Regulator has finalised its conflicts of interest guidance for schemes other than contract-based arrangements.

Offshore - Ofgem update on tender process

Ofgem has issued a further consultation document regarding the competitive tender process by which offshore transmission owners (OFTOs) will be appointed

Property Update - October 2008

Wragge & Co's real estate experts bring you the latest property law issues. Read their comment on these issues and take note of any action points that will help you and your organisation.

OFT refers Patientline/Premier merger to Competition Commission

In July 2008, Hospedia Limited announced plans for "an exciting overhaul of the UK's bedside hospital entertainment and telephony industry" following its rescue of Patientline UK Limited from administration.

Olympics update - a round-up of all the latest news

Wragge & Co's latest round-up of Olympic news has a strong focus on the energy resources which will be powering the Games.

Employment law update October 2008

This month sees the return of our bi-monthly employment law alerts.

Pensions Regulator consults on updated draft TKU code and guidance

The Pensions Regulator has issued for consultation updated draft versions of its code of practice and scope guidance on trustee knowledge and understanding (TKU).

Banking Update: report and review on recent cases

Expedited trials, failure to register at HPI and a claim for conversion, possession and the Convention for the Protection of Human Rights, confidentiality of Tomlin orders and a "u-turn" on the proposed general pre action protocol;

Insolvent lenders and market disruption

We are in uncharted waters. Until very recently, few people have ever experienced or even thought about their bank going bust. Most loan documentation focuses on borrower rather than lender default.

The Wragge & Co balloon debate

And who says dispute resolution can't be fun? Watch the video to find out who was top dog!

Staff transfers from the Local Government Pension Scheme (LGPS) - results of the Admitted Body Status consultation

The Department for Communities and Local Government (DCLG) has now published the results of the consultation commissioned in January 2008 regarding the Admitted Body Status (ABS) provisions in the Local Government Pension Scheme (LGPS).

Escaping the abyss: How the court decides costs and the importance of making and accepting reasonable offers of settlement

A recent judgment has clarified that "winner takes all" no longer applies to recovery of costs in litigation. The formula to be used by trial judges in deciding the most appropriate costs order is now much more complicated.

Staff transfers from the Local Government Pension Scheme (LGPS) - new Government Actuary Department (GAD) note for Broadly Comparable Schemes

GAD have issued a note, dated 6 October 2008, clarifying the definition of minimum pension age in the LGPS.

Pensions Act 2008 - How will this affect you?

The government is expected to pass the Pensions Bill 2008 (the "Bill") into law in November to become the Pensions Act 2008. This will set in motion changes that will affect over 10 million employees in the UK.

Selection for Redundancy - Back to the '70s?

It's not just inflation and banking crises that are making a comeback. Selection for redundancy on the basis of length of service – 'last in, first out' or 'LIFO' - might still be alive and well, albeit in a rather diluted form.

A company name that is identical or too similar to your brand name? The pro and cons of the Company Names Tribunal

What can you do if you find out a third party has registered a UK company with a name that is identical or similar to your brand name?

Germany: Broad-based database protection

Following a preliminary reference from the German courts, the European Court of Justice has given further guidance relating to the Database Directive.

Local Government Pension Scheme (LGPS) Governance Compliance Statements - deadline of 1 November 2008 looms

By 1 November 2008, those administering authorities who have not already done so must prepare and publish their governance compliance statement.

Offshore electricity - 'Round 3' documentation

The Government is targeting 14 GW of offshore wind by 2020. An important step in achieving this target will be the speedy completion of the Crown Estate's third round of offshore windfarm leasing (Round 3).

Property finance update

Three High Court decisions have provided commentary in this property finance update.

Common sense prevails?

The House of Lords has overturned the Court of Appeal's ruling in Scottish & Newcastle Plc v Raguz, commenting that the decision of the High Court and the Court of Appeal produced "some remarkably silly consequences".

The Tribunals, Courts and Enforcement Act

On 3 November 2008 the key provisions of Part 1 of the Tribunals, Courts and Enforcement Act 2007 came into force, quietly revolutionising the administrative justice system.

Immigration Update - Sponsorship Management System

Wragge & Co has been given a first viewing of the Sponsorship Management System and are now able to guide you through the system, giving you training on how to apply for Certificates of Sponsorship (COS).

Department of Health publishes guidance on the duty of NHS bodies to involve service users

Important changes to the arrangements for patient and public involvement in the provision of health services under the NHS came into force on 3 November 2008.

Equal Treatment for Agency Workers

After six years of debate, the hotly contested terms of the Temporary Workers Directive were finally approved by the European Parliament on 22 October.

Property Update - November 2008

Wragge & Co's real estate experts bring you the latest property law issues. Read their comment on these issues and take note of any action points that will help you and your organisation.

Moral hazard changes on the horizon

The Government has made no secret of its concerns about some innovations in the pensions market and, in particular, alternatives to pensions buy-outs.

Offshoring - is the tide turning?

Offshoring of IT, back office and call centre jobs has become so widespread in the last few years that it's no longer newsworthy to report on another set of UK jobs going abroad. However, it is newsworthy when jobs are being brought back to the UK.

Enantiomer of a known medicament held inventive and entitled to SPC

Against the backdrop of a number of recent European-wide negative decisions in which the validity of Supplementary Protection Certificates (SPC) was in contention, Daiichi's SPC for its Levofloxacin patent has been upheld.

Be careful what you ask for: Servier payout over £17 million to Apotex under a cross-undertaking in damages

On 9 October 2008, Servier was ordered to pay generics company Apotex £17.5 million under a cross-undertaking in damages given by Servier, in exchange for the grant of an injunction.

Conflicting pharmaceutical trade marks

The Court of First Instance has upheld the opposition by Aventis Pharma SA against Nycomed GmbH's application for the Community trade mark PRAZOL (Case T-95/07).

Arbitration Agreements - are they as secure as you think they are?

Much is often made about arbitration as a preferable alternative to litigation as a form of dispute resolution. Its confidentiality, its flexibility and the relative ease with which arbitration awards can be enforced abroad are some of the cited benefits.

Lessons on chemical classes

In July this year, Wragge & Co's IP team reported on the German Appeal Court decision on Eli Lilly's patent for the anti-psychotic drug olanzapine.

Investigation of competition law infringements; what powers do the competition authorities have to conduct a search in my home?

As today's headlines show, there's yet more evidence that the competition authorities will stop at nothing to bring the perpetrators of anti-competitive behaviour to justice.

Germany: patent litigation reform on its way?

The German Federal Government has published proposals for reform which have the potential to drastically alter the nature of patent invalidity litigation in Germany.

Planning and Energy Act 2008

The Planning and Energy Act received Royal Assent on the 13 November and came into force on the same date. The Act allows local councils in England and Wales to set reasonable requirements in their development plan documents.

Causing death by careless driving

One of the aims of the Road Safety Act 2006 is to make roads safer and reduce the number of accidents by discouraging dangerous driving behaviour.

Construction update: report and review of recent cases

This month Wragge & Co's construction experts have reviewed the latest reported adjudication cases.

Data handling guidelines for local government

Data security breaches can strike any type of organisation at any time. Many local authorities are now giving this area of compliance more scrutiny than in the past.

Banking update: report and review on recent cases and issues

Unfair Terms in Consumer Contracts Regulations; no time limit on enforcing charging orders; enforcement of an unless order; and the new mortgage arrears pre-action protocol.

Car component manufacturers under scrutiny as cartel fines hit record high

Only this month, the European Commission imposed its highest total and individual fines yet on an illegal market-sharing cartel which took place in the car glass manufacturing sector.

The Court of First Instance prevents Lego from using a trade mark registration to monopolise the technical result achieved by a Lego brick

Lego's community trade mark for the shape of one of its bricks has been held to "consist exclusively of...the shape of the goods which is necessary to obtain a technical result...'.

Advocate General's opinion in Silberquelle v Maselli - Can promotional use of a registered trade mark be "genuine use"?

Advocate General Damaso Ruiz-Jarabo Colomer has provided useful guidance on what constitutes "genuine use" of a trade mark, particularly in relation to advertising and promotional use.

"ZV Snore Solution Spray" product name is misleading says the Advertising Standards Authority

The Advertising Standards Authority has made it clear that a product or brand name (i.e. ZV Snore Solution Spray) can in itself be misleading and, its use in marketing materials, be in breach of the Committee of Advertising Practice Code.

European Commission publishes preliminary findings of Pharmaceutical Inquiry - and opens up a hornets' nest

At a conference in Brussels today, the European Commission delivered its preliminary findings on the Pharmaceutical Sector Inquiry.

The Energy Act 2008 becomes law

Last week saw three important pieces of legislation added to the statute books - the Climate Change Act, the Energy Act and the Planning Act.

Beware the implications of your early retirement rule

The consequences of the Barber decision continue to challenge scheme sponsors and trustees. Did A-day and the flexibility to pay split pensions offer schemes a means of reducing the size of the Barber liabilities?

Corus has infringed a valid patent for a steel "slag killing" process

The Court of Appeal has given Corus (formerly British Steel) short shrift in respect of Qual-Chem's patent infringement claim against it.

Collaborating over inventions - court guidance on the meaning of common clauses

In the case of Automotive Latch Systems Limited v Honeywell International Inc, the Commercial Court provided some guidance on the courts' view on the interpretation of common clauses found in many collaboration agreements relating to inventions.

European Commission publishes new guidance on its application of Article 82

The European Commission has today published new guidance on its enforcement priorities in applying Article 82 to abusive exclusionary conduct by dominant undertakings.

Planning Act receives Royal Assent

Alongside the Climate Change and Energy Acts, the Planning Act 2008 received Royal Assent on the 26 November 2008. This paves the way for the new Infrastructure Planning Commission.

Hi-Fi patent gets blown away

Arnold J found Leisuretech Electronics Pty Limited's distributed stereo system patent invalid after following the approach to inventive step set out in Conor v Angiotech.

Workforce matters in public procurement

On 27 October 2008, Communities Secretary Hazel Blears published streamlined statutory guidance Best Value and Procurement: Workforce Matters in Best Value Authority Contracting consultation.

Music to the British Hospitality Association's ears

In 2003 the CPDA was amended so as to substantially remove the exemption under which pubs and similar establishments had been publically playing background music via broadcasts without the need for a licence relating to the broadcast sound recordings.

ECJ guidance as to how to establish dilution

The ECJ has made it clear that there is no need for a later mark to cause the relevant consumers to wonder if there is any sort of trade connection with the mark relied upon for a successful opposition or infringement action.

Northern Rock - and the prospect of personal liability for directors of troubled companies

The re-constituted board of Northern Rock has announced that no legal action is to be taken, by the Rock, against its former directors.

Property update - December 2008

Wragge & Co's real estate experts bring you the latest property law issues. Read their comment on these issues and take note of any action points that will help you and your organisation.

When will you be liable for the actions of independent contractors?

The normal rule is that a company is only vicariously liable in negligence for the acts of its employees and not for the acts of the employees of any independent contractors.

Revaluation cap reduction delayed to 6 April 2009

The Department of Work and Pensions has just announced that the planned drop in the revaluation cap will now be available for rights earned from 6 April 2009 rather than from 1 January 2009, as originally envisaged.

Decision on application of private charges cap

On 12 December 2008 Monitor, the independent regulator for NHS Foundation Trusts (FTs), published its decision on the interpretation and application of the private charges cap.

Climate Change Act

Described by some commentators as a ground-breaking piece of legislation, the Climate Change Act hit the statute books on 26 November 2008 following extensive public consultation and parliamentary scrutiny. Its aims are certainly bold.

Employment Law - 2008 review/2009 preview: Part 1

In employment law terms, 2008 was relatively quiet on the new legislation coming into force front. This does not mean that the legislative draftsman have had little to do.

Pharmaceutical Sector Inquiry Preliminary Report

The European Commission has delivered its preliminary report on the findings from the Pharmaceutical Sector Inquiry launched in January 2008.

Age and redundancy

Many enhanced redundancy schemes, even if agreed with unions or employees, are open to challenge under the age discrimination laws.

Access to information

The Information Commissioner has issued technical guidance clarifying how Schedule 12A and section 100 of the Local Government Act 1972 (LGA) operate alongside the Data Protection Act 1998 (DPA) and the Freedom of Information Act 2000 (FOIA).

Ringing the changes in regulation

Now that the Regulatory Enforcement and Sanctions Act has received Royal Assent, local authorities could soon be inundated with requests to enter into a primary authority partnership from businesses who operate in more than one local authority area.

Decoding the code consultation

The Department for Communities and Local Government has launched a consultation looking at making further revisions to the Member Code of Conduct and introducing a new Code of Conduct for Officers.

Local government update: are we becoming protectionist?

Wragge & Co's public sector experts consider an end to pay protection, protecting construction projects from the credit crunch and protecting personal data.

Heyday: why you're wrong to be relieved

The Heyday challenge to a state retirement age of 65 had its initial European judicial scrutiny and all the current uncertainty for employers is going to continue for a good while yet.

Flying golf balls defeat village green

Town or village green applications arise from a piece of 1960s legislation which allows local inhabitants to apply for registration of land as a TVG where they can show that they have used it for more than 20 years "as of right".

Security in uncertain times - performance bonds, parent company guarantees and advance payment bonds

Whatever the economic climate, a local authority entering into a building contract will be concerned about protecting its position in the event of contractor insolvency. In today's market, these concerns are particularly acute.