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ePrivacy legislation reform

Christopher Buck
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Reform in line with GDPR: In addition to t he implementation of the General Data Protection Regulation (“GDPR”) there is also the intention of updating ePrivacy legislation so as to align the same with these new rules. Although the new ePrivacy...

Plant Variety Rights and Brexit - what happens now?

Christopher Buck
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When we think of Brexit and the potential implications it will have on the UK we often consider the effects upon the economy and immigration, what we tend to think less about is the effect it will have upon our access to plant varieties and the agricultural...

Trade Marks: The potential impact of Brexit

Christopher Buck
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A trade mark or “brand” is a sign used by a trader to differentiate their goods from those of other traders and may come in the form of a name, slogan or simply the distinctive style of packaging of a product. A trade mark provides the consumer...

Morrisons supermarket chain found to be in breach of the Privacy and Electronic Communication Regulations (PECR)

Christopher Buck
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The Privacy and Electronic Communication Regulations (PECR) set out specific rules which govern the use of marketing by electronic communications such as; e-mail, telephone, text message and automated calls. ...

Swiss banks secrecy to end

Christopher Buck
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Private banks in Switzerland are known for being used by the wealthy people of the world in essence to evade tax. However, since the global financial crisis, tens of billions of dollars have been removed from these accounts in a flurry to protect themselves...

ICO fines Gloucester City Council for failing to suitably keep safe vulnerable information

Christopher Buck
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Gloucester City Council has received a fine from the Information Commissioner’s Office (“ICO”) in the sum of £100,000 further to its employees’ personal sensitive information being unlawfully accessed in a cyber-attack. In July...

ICO Grants Programme

Christopher Buck
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In a bid to encourage research into data protection solutions, the Information Commissioner’s Office (“ICO”) is launching a Grants Programme. Although there is not yet confirmation of exactly how many grants will be awarded each year, it is...

The GDPR and why you should update your terms and conditions

Christopher Buck
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Recap In February, I undertook a review of the implications that the GDPR would have and how you should start preparing now. With a year until their enforcement, I now consider, in further detail, why it is crucial that you review your terms and...

Restrictive covenants in commercial contracts

Christopher Buck
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Restrictive covenants are clauses contained in agreements. Their intention is to restrict the party agreeing to them, from carrying out certain activities. Whether it’s a commercial or employment contract, there are a number of factors to...

Getting your advertising on point

Christopher Buck
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Advertising goes hand in hand with any business. So when it comes to promoting your products or services, it’s important to get it right. Associate Partner, Christopher Buck, explains what you need to think about before you target your...

Steps to Prepare for the General Data Protection Regulation

Christopher Buck
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The General Data Protection Regulation (GDPR) will govern how personal data is processed by data controllers and processors from May 2018. I share with you why we all need to start preparing now… The GDPR Despite the UK deciding to leave...

A Case Study on Client Data

Christopher Buck
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Taking client data without permission is a serious matter. On 26 May 2016, Mark Lloyd, a former employee of Acorn Waste Management Limited, attended Telford Magistrates Court. He pleaded guilty to unlawfully obtaining client data, and was prosecuted under...

Are Virgin trains on track for a data protection breach?

Christopher Buck
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After Jeremy Corbyn complained of overcrowding on Virgin trains, CCTV footage was released by the railway company showing Corbyn walking past empty seats before seating himself on the floor. It is believed that the intention was to disprove...

Calculating Compensation for Commercial Agents

Christopher Buck
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Commercial agents are entitled to either compensation or an indemnity payment when an agency agreement is terminated. Read on to find out how it’s calculated… The Compensation Rule Book The compensation for commercial agents is set out in...

Commercial contracts: the drafting and inclusion of express terms

Christopher Buck
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With two judgments recently delivered in the Supreme Court, it is important to consider the consequences for lawyers drafting or negotiating, and advising on commercial contracts. Drafting The drafting of commercial contracts – especially in...

The potential implications on new and existing contracts and disputes if the UK leaves the EU

Christopher Buck
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On Thursday 23rd June 2016, there will be a referendum to decide whether Britain should remain in the European Union. If the UK opts out and leaves the EU, we look at the potential implications on new and existing contracts and disputes… ...

How to bring a contract to an end

Andrea Smith
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The ability to bring an end to a commercial relationship is fundamental. If you have entered into an agreement it is most likely that you entered into a written agreement at the start of your relationship which contains a ‘termination clause’....

After a century, the Supreme Court has reset and clarified the penalty rule

Christopher Buck
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Many contracts include liquidated damages provisions agreed upon by all parties to the contract. Liquidated damages are an agreed sum which becomes payable upon breach of the contract by one of the parties to it. The general rule is that the agreed sum...

Changes in the new tax year regarding winding up

Christopher Buck
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Many companies deliberate over whether and/or when to wind up their company when there is a desire to distribute its value. This decision may become a whole lot easier for companies to make further to the Draft Finance Bill 2016 and restrictions proposed...

Key elements of a Franchise Agreement

Andrea Smith
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The franchise industry is a booming one, worth over £10 billion. It offers a fantastic revenue and business model for franchisors and franchisees alike, with each benefitting from the others’ success. However, in order for the business venture...

We wish you a Merry "Swiftmas"

Christopher Buck
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After Trade Marking “sick beat” earlier this year, Taylor Swift has now made a bid to Trade Mark “Swiftmas” and the stylised form of “1989” on her album cover in the United States. The singer has previously been...

The consideration of Intellectual Property in insolvency

Christopher Buck
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Where a company is experiencing extreme financial difficulties it is well known that such a company can be cash-flow insolvent , (i.e. they cannot pay their debts as they fall due), or balance sheet insolvent (the company’s liabilities...

The Consumer Rights Act 2015: Considerations for software providers

Christopher Buck
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Nowadays, you will be used to having to click to agree that you have read and understood the terms of a software update or new application you have downloaded for your computer or mobile devices. These terms you flick through very quickly govern how...

The precedence of administration applications over winding-up petitions

Christopher Buck
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Further to my previous piece on Northampton Town Football Club’s petition for Administration , HMRC’s petition to wind-up the Club has been adjourned as of yesterday (16 th November 2015). The Administration petition is due to be heard on 27...

When a winding-up petition can be presented

Christopher Buck
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A recent article, reported in the Northampton Chronicle and Echo , has covered the current attempts of Northampton Borough Council to delay the winding-up petition hearing it is facing so as to allow time for attempts to rescue the Club to continue. A...

Basic principles of Partnership Agreements

Andrea Smith
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A basic partnership is easy to form; just carrying on in business with another, intending to profit, gives rise to a partnership by law. However, as partners, you will have very little protection and could face a claim, fail to receive a just return on...

Recast Brussels Regulation - Enhancing Jurisdiction Agreements Between Commercial Parties in EU

Christopher Buck
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The time has come for commercial parties to review their contracts in light of new Brussels I Regulation. This new update enhances jurisdiction agreements between commercial parties in the European Union. Parties entering into a contract often agree a ...

Legal Barriers to Exporting Goods and How to Overcome Them

Christopher Buck
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Exporting goods overseas is a good way of increasing a business’ customer base. However, it is not without risks and if a business has not exported outside of the United Kingdom before, then there are a number of legal issues and factors they should...

GlaxoSmithKline Investigation Highlights Need For Commercial Organisations to Consider Anti-Bribery Compliance

Christopher Buck
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The on-going investigation into the drugs maker GlaxoSmithKline regarding allegations of bribery highlights the need for commercial organisations to consider their compliance with anti-bribery legislation. In the United Kingdom, the Bribery Act 2010...

Website Sales and Off-Premises Contracts: It Is Time To Review Your Terms and Conditions

Christopher Buck
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As a rule of thumb, I would advise for suppliers to have their terms and conditions regularly reviewed to take account of legislative changes. However, for those who undertake website sales with consumers or who enter contracts with consumers away from...

Advice to Owners of Mobile Home Sites Mobile Home Act 2013: Are You Prepared?

Christopher Buck
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It has long been considered that malpractice is widespread across the park home sector and the Government has now acted by introducing the Mobile Homes Act 2013 and a series of Regulations. The aim of this legislation is to improve the position of mobile...

The Legal Side to Selling Your Business - Due Diligence Process

Christopher Buck
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Recently I co-presented a workshop with Colin Howe of Hillier Hopkins . I handled the legal part of the workshop where we spoke to a number of business owners – keen to understand how to value their businesses and know what is involved in selling a...

How Can You Optimise the Value of Your Business? - Guest post by Colin Howe

Christopher Buck
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[This is a guest post from Colin Howe, a tax specialist at Hillier Hopkins . Colin co-presented a seminar with me on how to build value into a business. In this post he shares some of the insights that he presented on the day to the attendees.] A big...