Anti-competitive cartel targeted care homes

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Access to justice: Justice for the few

By Philippa Dolan So the outgoing President of the Family Division is throwing in the towel on access to justice, unless you have money. How depressing. There have been many straws in the wind – such as his enthusiasm for rolling out the online Family Court…

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KitKats may have been helping people take breaks since 1935, but the European Court of Appeal would not give Nestlé a break as they refused to register as a trademark the 3D shape of the chocolate bar. The arguably iconic four-fingered shape of the KitKat underpins their tear and snap ad campaigns which have seen […]

Cross-border litigation: The importance of precise dispute resolution clauses

A failure to clearly specify the parties’ agreement to arbitrate could lead to a court finding that an arbitration agreement is not engaged or, at the very least, lead to impediments in the dispute resolution process. A recent Commercial Court decision has highlighted the issues that may arise with imprecisely drafted dispute resolution clauses in […]

English Councils obtain new powers to tax empty homes

On 18 July the House of Lords passed a government-sponsored amendment during the third reading of The Rating (Property In Common Occupation) and Council Tax (Empty Dwellings) Bill which permits local councils to charge additional premiums on empty properties. When the bill was originally introduced in March 2018, the legislation envisaged local councils being able […]

Breaking Bad tenancies

In the 2018 county court case of Vanezis & Vanezis v Ozkoc and others the claimant landlords failed in their claim for possession of a café premises for breaches of covenant in the lease arising from, amongst others, the defendant tenant’s criminal conviction for conspiracy to supply class A drugs…

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Longer term tenancies? Potential implications for lenders

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The results of a large-scale survey by the Financial Conduct Authority (FCA) in 2017 indicated, among other things, that: 75% of UK adults had one or more consumer credit products or loans in the previous 12 months; 4.1 million people were “in difficulty” because they had already failed to pay domestic bills or meet credit […]

Open Banking, fintech and the Brexit hokey cokey

By Miles Trower London is, arguably, the most important global hub for financial services. As a result, the consequences of the Brexit vote, the ensuing uncertainty and the eventual transitional and regulatory framework applying to UK financial services and how it will continue to access overseas markets has been subject to huge speculation. Much of […]

FCA consultation on a Global Financial Innovation Network

By Russell Kelsall On 7 August 2018, the Financial Conduct Authority (FCA) published a consultation on the creation of a Global Financial Innovation consultation. With innovation in the global financial services market rapidly increasing, it is important for firms to consider the options for building, implementing and sharing experiences of digital solutions.

Austria: The DPA’s strict view on retention periods

At the end of July, the Austrian Data Protection Authority (‘DPA’) published its first decision on retention periods applying the General Data Protection Regulation (‘GDPR’; DSB-D216.471/0001-DSB/2018). The decision is final. The DPA had to decide for which period a provider of telecommunications services (hereinafter: the ‘controller’) may (respectively must) retain so-called master data, required for […]

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ATE peer panel: After-effect

Despite rule changes, after-the-event insurance is still core to funding litigation cases, while damages-based agreements are largely ignored Q: To what extent is after-the-event (ATE) legal expenses insurance relevant to the modern commercial litigation market? Malcolm Henké, senior partner, Greenwoods: In personal injury (PI) cases the claimant is still concerned with meeting the cost of disbursements, which […]

​Gateley announces key appointment and promotion in Nottingham office

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Eversheds obtains landmark decision in Austrian Supreme Court

Eversheds’ Austrian office has obtained a landmark decision in the Supreme Court for Austrian restaurant group Plachutta. The case centres around the debate on smoking in restaurants. In this case, two private individuals appointed themselves as ‘smoking sheriffs’ with their sole life mission being to check whether establishments comply with all the regulations of the […]

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Government bribery review: need for speed must not replace fairness

As the Government unveils a review of fraud and bribery authorities, now is not the time to lose sight of what really matters. Recently the Government announced a wide-ranging review of the “UK’s ability to tackle bribery and white-collar crime”.  Headed by Ken Clarke, the Cabinet Office Minister, the review will examine the structure of […]

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