This week’s top 15 legal briefings – 27 July 2014

The queen shuffled as the Commonwealth Games Federation president appeared on the verge of causing a YouTube sensation by failing to open the baton to kick off the 2014 Glasgow event, but eventually he succeeded. The ‘friendly games’ are not a political football, said both UK prime minister David Cameron and Scotland first minister Alex Salmond. But with the vote on Scotland’s bid for independence only seven weeks away, anything that happens north of the border – especially a large sporting event – is going to have a political aura. The latest polls show the ‘yes’ vote drifting back slightly to 34 per cent. But with 21 per cent still claiming to be undecided, there remains a chance that 300-plus years of union could be jettisoned. What will that mean for businesses with staff on both sides of the border? ask lawyers from UK national firm Shoosmiths, which itself has an office in Edinburgh. Our correspondent analyses a range of issues, including implications on currency, tax, pensions and – perhaps most importantly from a logistical point of view – cross-border movement. Scotland wants to be in the EU, but all new members have to sign up to the Schengen Agreement, a deal shunned by London (and Dublin, for that matter). The return of border guards on a modern equivalent of Hadrian’s Wall might be around the corner. Click here for more information.

Jonathan Ames
Jonathan Ames

If you’ve been at a dinner party with a litigation specialist recently, then sympathy and condolences are due. Almost certainly from the moment the pineapple and cheese sticks went round until the last morsel of chocolate gateau was scooped up, the conversation will have focused on the cataclysmic ruling in Mitchell, the cases that followed and the wholesale state of judicial confusion around how litigation lawyers are meant to conform with the Civil Procedure Rules. While non-litigators’ eyes will have glazed over as they attempted to shift the topic to George Clooney’s forthcoming nuptials, football or the weather, the lawyers would have moved from blathering on about Mitchell to the recent Court of Appeal case Denton v TH White. Well, for those who haven’t been to one of these dinner parties, worry not – our correspondent from law firm Shepherd & Wedderburn dissects the Denton judgment. And while it is an improvement on Mitchell, he warns that satellite litigation and time wasting will persist. Click here for more information.

Who among us has not at least toyed with the idea of having a tiny (or even massive great) tattoo inked onto shoulder, back, inner thigh…? Apparently, even Mrs Dave (that’s the PM’s wife) has reportedly been under the tattooist’s needle, and broadcasting national treasure David Dimbleby proudly sports a spot of skin art. But recent reports of a ‘business executive’ being sacked for having a visible tattoo on her foot has brought to the chattering classes what used to be an issue reserved for sailors, brickies and lorry drivers. Lawyers at Gateley make the point that despite clarion cries of personal liberties, ‘employers have rights, too’. And one, according to our commentators, is the right to tell employees how they should present themselves on the boss’s behalf. Click here for more information.

Top five briefings by law firm 
Collyer Bristow: The Data Protection Act: a stone to sling at the Facebook Goliath?Download
Walker Morris: Report awaited following consultation on affordable housing contributionsDownload
Eversheds: Care Act 2014Download
Wildgen: New CSSF circular: out-of-court resolution of complaintsDownload
Goodman Derrick: Intestacy rules: change on the horizonDownload
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Top five briefings by practice area 
Banking & finance: The thin end of the wedge: the CMA and FCA publish provisional findings on retail bankingDownload
Employment: Tattoos… love or hate? Legal issues for employersDownload
Real estate: Opposed lease renewals: stepping into the (tenant) breach…Download
Litigation: Light relief — Denton v TH WhiteDownload
Company/commercial: What an independent Scotland could mean for your businessDownload
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Top five briefings by region 
Asia-Pacific: Australian Tax Update: repeal of the carbon tax — easy come easy go?Download
Middle East & Africa: Stuck in the bottleneck — corruption in African portsDownload
Offshore: MOrsel: States of Jersey vote to adopt a series of ‘family-friendly’ rightsDownload
Europe: Italian tax changes in relation to Italian banking arrangementsDownload
US & The Americas: California Supreme Court ruling limits commission wage allocationDownload
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