Keyword search Enter keyword Clear [x] ICO publishes draft data protection fees guidance 22-02-2018 A new registration scheme for data controllers will come in from 25 May 2018, the same day the GDPR is introduced across the EU, the ICO has announced. Kason Kek-Gardner - Court of Appeal delivers guidance on ... 24-01-2018 In the case of Kason Kek-Gardner Ltd v PCL  EWCA Civ 2132, the Court of Appeal has highlighted the importance of interpreting a contract based on the language of the agreement, and not clouding its meaning with background knowledge of the parties. Big-hitting sports rights expert joins Shoosmiths 16-11-2017 National law firm Shoosmiths has strengthened its multi-disciplinary sports team with the appointment of experienced media rights expert David Murray as a consultant. Millennials - mischief managed 23-10-2017 As the millennial influence on the retail and consumer sphere increases, new opportunities and challenges are emerging for retailers. The Data Protection Bill: Are you ready? 15-09-2017 The government published the Data Protection Bill on 14 September 2017, which will implement and supplement the General Data Protection Regulation ('GDPR') in the UK. Golf club maker fined £1.45m for unlawfully restricting online ... 25-08-2017 Golf club manufacturer Ping has been fined £1.45m by the Competition and Markets Authority (CMA) for unlawfully restricting online sales of its products. Special Kase: Kellogg's recent legal action against Thanasi ... 18-08-2017 This article considers the implications of legal action taken relating to trade marks and the commercial use of sporting nicknames, and how the commercial side of sports law may develop as brands clash with sport stars. A guide to consent for electronic marketing in 2018 - Part 1 08-08-2017 Risk and reward. 2018 will see the intermingled fields of privacy, data protection and electronic direct marketing face dramatic and comprehensive change. Shoosmiths' sports law experts appointed to serve on ... 19-07-2017 Sports lawyers at national law firm Shoosmiths, Caroline Brennan, Mike Patterson and John Shea, take up key roles for national governing bodies in the sports sector. A New World Order for SME Lending? 06-07-2017 As part 8 of the Retail and Banking Market Investigation Order 2017 (RBIO) comes into force on the 2 August 2017, we take a look at what this means for lenders offering products to SMEs going forward. Shoosmiths growth continues apace with heavyweight partner ... 30-06-2017 National law firm Shoosmiths is continuing its expansion drive with the appointment of leading commercial litigator Matthew Howarth as partner to head up the commercial litigation practice in Leeds. EU Commission fines Google a record 2.42 billion (EUR) ... 28-06-2017 Google has been fined a record 2.42 billion (EUR) by the European Commission for abusing its dominant position by promoting its online shopping service to the detriment of its rivals. Shoosmiths partners with the FSPA to advise on Brexit 22-06-2017 National law firm Shoosmiths has teamed up with the Federation of Sports and Play Associations (FSPA) to provide crucial guidance throughout the UK's Brexit negotiations. Cloud providers: How the forthcoming GDPR will affect you 13-06-2017 The forthcoming General Data Protection Regulation (GDPR) heralds large-scale change for business, not least for those entities who process personal data on behalf of others. The Age of Advertising 22-05-2017 The Advertising Standards Authority (the 'ASA') is constantly developing its rules and guidance with a view to protecting the public. Internet providers ordered to block streaming of Premier ... 11-05-2017 This article looks at the recent decision of The Football Association Premier League Limited V British Telecommunications and Ors.  EWHC 480. Shoosmiths appoints three new partners to launch Leeds ... 09-05-2017 National law firm Shoosmiths has appointed a trio of leading Commercial lawyers into its Leeds office, signalling the establishment of a pre-eminent Commercial Group in the region and furthering the firm's presence in the city. Further Guidance on the Requirement of Reasonableness ... 21-04-2017 This article looks at the recent case of Goodlife Foods Limited v Hall Fire Protection Limited. Spring Budget 2017 - Shoosmiths' experts comment 08-03-2017 Today marked the last Spring Budget and Philip Hammond's first Budget as chancellor. Shoosmiths offers key advice on how to start a business in the ... 07-02-2017 National law firm Shoosmiths is providing global companies with crucial advice on doing business in the UK with its online guide. Shoosmiths hits the right note for pop band The Orielles 20-01-2017 National law firm Shoosmiths has advised up and coming surf pop band The Orielles on a deal with leading indie record label Heavenly Recordings. Tackling Late Payments in Commercial Transactions 14-12-2016 There is a significant amount currently owed in late payments in the UK, with a recent government estimate standing at just over £41 billion. CMA fines Pfizer £84.2m for 'overcharging' the NHS 13-12-2016 The Competition and Markets Authority ('CMA') has imposed a record £84.2m fine on pharmaceutical manufacturing giant, Pfizer, for overcharging its customers (including the NHS) for an anti-epilepsy drug. Black Friday: a festive bonus for retailers? 24-11-2016 The Black Friday frenzy has begun for 2016. Commercial waste collections - How level is the playing field? 11-11-2016 Head of environmental Angus Evers considers the consequences of a recent Upper Tribunal ruling on whether local authority VAT exemption distorts competition in the commercial waste market. Shoosmiths boosts regulatory team with key partner hires 14-09-2016 National law firm Shoosmiths has boosted its national regulatory practice with the appointment of commercial partners, Roy Tozer and Charles Arrand. Shoosmiths to speak on Modern Slavery at the House of ... 07-09-2016 Ethical Labour in Construction Leadership Symposium to be hosted at House of Commons on Thursday, 10 November, 2016 Shoosmiths selected to support West Midlands Combined ... 22-08-2016 National law firm Shoosmiths has been selected as part of a four-strong legal panel that will provide regulatory advice to the new West Midlands Combined Authority (WMCA) Iconix in-house senior counsel moves to Shoosmiths 11-08-2016 National law firm Shoosmiths has recruited senior in-house lawyer Richard Millington from Iconix Brand Group Inc, to strengthen its technology, media and commercial team. He joins as a partner, based in Shoosmiths' growing Manchester office. Moving with the Times - the Commercial Agents Regulations ... 25-07-2016 A recent High Court decision has confirmed that the supply or sale of software constitutes a sale of goods for the purposes of the Commercial Agents (Council Directive) Regulations 1993 (SI 1993/3053) (the Regulations). Shoosmiths boosts Edinburgh commercial offering with ... 19-07-2016 Shoosmiths LLP, one of the UK's largest law firms, has hired commercial dispute resolution partner Stuart Clubb to its growing Edinburgh office. Shoosmiths rolls out information hub post-brexit 29-06-2016 Shoosmiths' legal experts discuss the potential impact Brexit will have on the business sector in the latest board paper from the UK law firm. EU Referendum result: Shoosmiths experts comment 24-06-2016 Shoosmiths' experts in competition, employment, real estate, corporate and commercial comment on the EU referendum result. Shoosmiths celebrates another Motor Finance award win 10-06-2016 National law firm Shoosmiths last night celebrated another award win, scooping 'Motor Finance Law Firm of the Year' at Credit Strategy's Car Finance Awards 2016. FinTech Update: Who can stop the blockchain train? 09-06-2016 The benefits and also the malevolent use of the Bitcoin peer-to-peer crypto-currency is rarely out of the news. Modern slavery legislation: a global outlook 25-04-2016 The UK is leading the way in the fight against modern slavery through the Modern Slavery Act 2015. Is the UK legislation the gold standard? A cautionary tale - Court of Appeal confirms that deleted words ... 08-04-2016 In a world where negotiated points are increasingly tracked and preserved through the use of comparison technology, what are the implications of this ruling on contractual certainty for parties and their legal advisers? The potential Impact of Brexit on your commercial contractual ... 06-04-2016 The referendum on whether to leave the EU is fast approaching but uncertainty reigns as to the actual impact on business, should the UK vote to leave. Bracing for Brexit: countdown to impact 10-03-2016 With increasing numbers campaigning for Britain to leave the EU, ever closer union is looking ever more uncertain. Modern Slavery: what does it mean for SMEs? 12-02-2016 Contrary to expectations SMEs are finding that they are affected by the Modern Slavery Transparency Supply Chain provisions because they are required to give assurances to those they supply that they comply with the Modern Slavery Act 2015. Shoosmiths advises Hotel La Tour on opening of new Marco ... 18-11-2015 National law firm Shoosmiths provided strategic advice to the management team of Hotel La Tour on the development and operation of the first Marco Pierre White, Mr White's English Chophouse franchise. Statutory guidance published: Modern Slavery - Transparency ... 29-10-2015 The transparency in supply chains provisions came into force on 29 October 2015. The long awaited statutory guidance has been published. This briefing sets out the key points for business. Driving consumer change: the Consumer Rights Act 2015 and ... 18-08-2015 After many years of debate the new Consumer Rights Act 2015 ('the Act') will finally come into force on 1st October 2015. Modern slavery and supply chains: steps to take now 11-08-2015 The government's stated approach to transparency in the supply chain provisions is to strike a balance between improving transparency in the supply chain whilst ensuring that businesses take appropriate and proportionate action to tackle modern slavery. Modern Slavery Act supply chain compliance: turnover ... 04-08-2015 The UK government's commitment to anti-slavery and supply chain transparency was confirmed in a speech given by prime minister David Cameron in Singapore. Modern slavery and supply chain reporting obligations 09-07-2015 The new Modern Slavery Act (2015) will apply to all commercial organisations who carry on business or part of a business in the UK. Technology in franchising: new challenges for franchisors ... 18-06-2015 As detailed in our previous article 'Technology in franchising: new challenges for franchisors - part one', technology can be utilised in a vast number of ways to and by franchisors. That being said, it also creates questions for a franchisor to consider. Technology in franchising: new challenges for franchisors ... 15-06-2015 Technology now touches most, if not all, business areas, and franchising is no different. More than ever prospective and current franchisors need to be mindful of how technology can enhance, but also presents challenges for, their franchise offering. The greatest challenge faced by in-house legal teams 29-05-2015 A recent study commissioned by the Solicitors Regulation Authority (SRA) on the in-house legal community has revealed the greatest challenge currently faced by in-house legal teams. This article considers this challenge and how it might be addressed. Consumer Rights Bill to receive Royal Assent 16-03-2015 Just in time for World Consumer Rights Day on 15 March, the final issue in relation to the Consumer Rights Bill has been agreed and it is now ready for Royal Assent. Prevention better than cure? 26-02-2015 Earlier this month the Insolvency Service issued an updated draft statutory order regarding the provision of essential IT supplies which is planned to come into force on 1 October 2015. Big data, big deal? 25-02-2015 The first week of each New Year sees the International Consumer Electronics Show (CES) roll into Las Vegas, providing an annual glimpse into the future of consumer technology. Public Contracts Regulations 2015 set to come into force ... 10-02-2015 On 5 February 2015, the government published the final form of the new Public Contracts Regulations 2015. Training for in house lawyers in 2015 and beyond 29-01-2015 The SRA have new proposals for legal training. This broad new training regime for all aspirant and qualified solicitors is expected to come into force from November 2016. Clients honour Shoosmiths partner at British Legal Awards 01-12-2014 Shoosmiths is celebrating after its Partner, David Jackson, was presented with one of the legal profession's top accolades at this year's British Legal Awards, held in London last night. Pre-packs - do they have a future? 12-08-2014 In June this year Teresa Graham published her Report on Pre-pack Administrations. As Vince Cable noted in his foreword to the Report: 'Pre-pack administrations has been much criticised in some quarters in recent years'. Challenging an expert's final determination - Court of Appeal ... 08-08-2014 In (1) Premier Telecom Communications Group Limited (2) Darren Michael Ridge v Darren John Webb  EWCA Civ 994 Shoosmiths LLP acted for the successful respondent Mr Darren Webb. Vision zero approach to health and safety on the agenda 09-07-2014 National law firm Shoosmiths, in conjunction with behavioural safety consultancy Ryder Marsh, hosted a world-class health and safety event today in collaboration with a top US institution. Flight delays compensation : punctuality or pay out? 20-06-2014 Jet2 is set to appeal a Court of Appeal decision as to whether 'technical problems affecting the operation of an aircraft' is an extraordinary circumstance entitling a carrier to avoid liability to pay flight delay compensation to passengers. Changes to consumer contracts regulation - is your business ... 03-06-2014 Retailers need to ensure that they are prepared for the significant changes that will apply to contracts entered into with consumers from 13 June 2014. To Arbitrate or Litigate - what's your goal? 15-05-2014 Parties should always consider what their preferred method of dispute resolution is when entering into a contract and often choose to specify either arbitration or traditional court proceedings as the relevant legal recourse. Public procurement: negotiating public contracts 04-04-2014 The public procurement rules are changing. Here, in the first of our series of articles, we look at the changes to the circumstances in which bids can be negotiated and suggest some helpful tips for making bid negotiations work. Shoosmiths backs ambitious One Stop on franchises 30-01-2014 Shoosmiths is providing legal advice to ambitious convenience chain One Stop on its move into franchising. Lessons of 'Le Sulk' - Nicolas Anelka, scandals and ... 28-01-2014 Following Zoopla's decision to end their sponsorship of West Bromwich Albion as a result of Nicolas Anelka's 'quenelle' goal celebration, we explore how sponsors can protect themselves against the bad behaviour of their athletes. Public procurement: getting ready for the new rules 27-01-2014 The public procurement rules are changing, and the Government is keen to implement these changes as soon as it can. New partner will help drive commercial team forward 09-12-2013 Shoosmiths is continuing to drive forward development of its national commercial team with the appointment of a new partner. Frankfurt debate ponders digital content resale issues 21-10-2013 Shoosmiths' Laurence Kaye has helped highlight problems concerning resale of digital content that could hit publishers, consumers and libraries. Shoosmiths wins high profile public transport work 26-09-2013 Shoosmiths is to advise on one of the West Midlands' most important and high profile public transport projects. TUPE consultation: Good news for outsourcing service ... 11-09-2013 In April this year, the Department of Business Innovation and Skills launched a consultation seeking views on the Government's proposed reforms to the Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE Regulations). Shoosmiths promotes 18 to associate 02-09-2013 Shoosmiths has made 18 associate promotions for 2013. Red tape could block access to £440m tech cash 21-05-2013 Technology companies excited at the prospect of sharing in a new £440m fund have been warned to temper their enthusiasm. When disaster strikes ... 20-05-2013 ... businesses need to ensure that they are able to continue 'business as usual.' IT security is often virtually forgotten 29-04-2013 The IT industry have seen a rapid move towards 'virtualisation' for example, the 2012 InformationWeek State of the Data Centre survey highlighted that half of the 256 respondents would have at least 50% of their production servers virtualised by 2013. Good faith: High Court decides to swim with the tide 24-04-2013 In the recent case of Yam Seng Pte Limited v International Trade Corporation Limited, the High Court decided to swim with the tide and recognise an implied duty of good faith and fair dealing. Cooperation is what you need: Part 2 - Outsourcing: Customer ... 22-03-2013 The Court of Appeal has allowed an appeal to be brought by Mid-Essex Hospital Services NHS Trust against Compass Group UK and Ireland Limited T/A Medirest (Medirest) on the grounds that the High Court judgment made in 2012 should be overturned. A customer's guide to agile software development: part 2 ... 12-03-2013 This article looks at what a customer entering an agile development project should do to ensure it is geared up to implement such a project and that the documents governing the same adequately protect its position. Late payment of commercial debts: New developments of ... 08-03-2013 The Late Payment of Commercial Debts Regulations 2013 come into force on 16 March 2013, affecting commercial contracts for the supply of goods or services entered into after that date. How to miss penalties: A guide to avoiding penalty clauses 05-03-2013 Being English, you might think it is our nature to miss penalties, but what you might not realise is that as lawyers we can be just as anxious about penalties as the Premier League's finest. A customer's guide to agile software development: part 1 ... 04-03-2013 Agile software development is fast becoming a mainstream development methodology and has seen a steep increase in use over the last decade. Shoosmiths adds publishing and digital media specialist 28-02-2013 National law firm Shoosmiths is to add a leading publishing and digital media specialist to its commercial offering. What is good faith? 22-02-2013 Whilst there is no implied duty of good faith in English contracts, this is not the case in many European civil law jurisdictions; such as Belgium, France, Germany, Italy, The Netherlands, Poland, Portugal, Spain and Switzerland. Exclusion clauses: Top drafting tips and recent developments 22-02-2013 The parties to a commercial agreement often try to manage their risk by inserting clauses into the contract stating that one or both of the parties' liability - for example, where there is a breach of contract - is limited or restricted in certain ways. Penalty clauses and liquidated damages: Traps for the unwary 22-02-2013 Liquidated damages (LDs) clauses stipulate that a certain specified sum of money will be payable by one ('guilty') party to the other ('innocent') party, where there has been a particular breach of contract. IT contracts: Dealing with the risk of supplier insolvency 20-02-2013 The collapse of systems integrator and reseller 2e2 in January has highlighted the danger for clients of companies such as 2e2, and focuses attention on how to deal with this type of situation. Victory for franchisors 30-01-2013 In the recent High Court case of PSG Franchising v Lydia Darby, a year-long restrictive covenant in a franchise agreement to protect the franchisor's goodwill post-termination, was held to be valid and enforceable - despite being drafted in broad terms. Action by ROT suppliers: Effective enforcement of your claim 18-01-2013 A supplier wishing to assert a claim to reservation or retention of title (ROT) of stock it has supplied may be faced with a real predicament on learning that a customer has gone into administration. Combating spam tactics: How to stay on top 21-11-2012 What's all this about penguins, pandas and search engine optimisation? Employment aspects of social media 25-10-2012 The use of social media is now a fact of life, but many employers are struggling to keep up with the consequences of rapid technological change. Cloud computing: Supply chain issues 18-10-2012 Earlier this year, the European Commission published its opinion 05/2012 on Cloud Computing (July 1 2012). Libel laws do not work in an online world: Will the draft ... 13-08-2012 Recent cases have further highlighted the arguments in favour of libel reform for England and Wales. ECJ says downloaded software can be re-sold by purchaser 11-07-2012 Europe's highest court has ruled that downloaded software can be re-sold by the purchaser. Second-hand software market: To what extent can 'used' ... 05-07-2012 Creators of software programs may not be able to prevent the resale of 'used' copies of software programs legitimately paid for and downloaded by their own customers from the internet. Is your side letter at risk of being non-binding? 24-05-2012 The key component of a legally binding document is certainty of the drafted terms. Co-operation's what you need: outsourcing customer ... 19-04-2012 The High Court has found that a provider of catering services was entitled to terminate its contract with an NHS Trust for material breach, on grounds that the Trust breached its contractual duty to act in good faith. Websites may not be a durable medium 27-03-2012 Following the slower than anticipated uptake of e-commerce, the Distance Selling Directive 97/7/EC was implemented with the principal purpose of encouraging consumers to trust and use e-commerce by providing them with certain levels of protection. Commercial team next for Shoosmiths' Manchester office 09-03-2012 Shoosmiths has added a commercial offering at its Manchester office. It comes hot on the heels of the new planning team, announced in December. Making the right exit: Lessons learned from AstraZeneca and ... 24-02-2012 After what must have been many hours negotiating their Master Services Agreement (MSA), AstraZeneca UK and IBM recently found themselves involved in a complex dispute on the meaning of the terms contained within it. How to interpret contracts: Use commercial common sense 13-01-2012 When the terms of a commercial contract are ambiguous or unclear, the courts will often be given the tricky task of ascertaining how the contract should be correctly interpreted. Force majeure clauses: Traps for the unwary 25-10-2011 Force majeure is a clause commonly found in commercial agreements, which states that one or both parties will not be liable for any delay in performance or non-performance of its obligations upon the occurrence of certain extraordinary events. Software: Goods or services? 24-08-2011 Software is an elusive product when it comes to determining whether supplying it should be classified legally as goods or as services. Let's settle this once and for all: Part 36 V Calderbank offers 13-06-2011 It is easy to feel on the edge of an abyss when a claim form listing your company as a 'defendant' arrives on your doorstep or if you believe an existing dispute has to go through the courts in order to reach a conclusion.