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Judge Reprimanded - 09.05.2008
It is rare indeed for a judge to be reprimanded but this is what recently happened to High Court judge, Mr. Justice Peter Smith.
Businesses will soon require a licence to employ Foreign Workers - 08.05.2008
From Autumn 2008, Companies wishing to employ migrant workers who require a work permit will first need to obtain a licence from the UK Border Agency in order to do so.
US ruling on royalties payable to ASCAP by AOL, RealNetworks and Yahoo - 06.05.2008
Last week the US District Court for the Southern District of New York published its ruling in the long-running royalty battle between US performing rights society ASCAP and AOL, RealNetworks and Yahoo.
Hope For Hatters Despite Leeds Loss - 02.05.2008
The Football League may feel quite pleased with itself as a result of the Arbitration Panel's support of its decision to impose a 15 point penalty on Leeds for the clubs failure to come out of insolvency, other than through a Company Voluntary Arrangement. However, it is a feeling that is unlikely to last long as there are some dark clouds hovering on the their horizon.
Leeds Lose 15 Point Appeal - 01.05.2008
Leeds have today had their appeal against the 15 point penalty imposed on them this season rejected. While it is not yet 100% clear why the arbitrators rejected the appeal, it is clear that Leeds were criticised for the length of time it took them to take action and noted the agreement it had reached with the League over the points deduction. Earlier last month we had speculated on the likely outcome of Leeds appeal.
Neil Blows - 23.04.2008
It is with great sadness that we announce the sudden death of Neil Blows, a consultant in our Property Department.
PLUS To Trade AIM Stocks? - 23.04.2008
The PLUS market has gone through a period of immense change over the last year or so.
Can Settling With Employees Unsettle Your Case? - 21.04.2008
Rebecca Lake considers the impact of some recent case law on the ability of employers to have ‘without prejudice’ discussions with employees.
Cardiff City's proposed entry to the UEFA Cup. Are the governing bodies making a rod for their own backs? - 18.04.2008
If cash is king in sport, sentiment is definitely a member of the royal family (reason is merely the court jester).
Agency Workers - 17.04.2008
A Court of Appeal's recent decision reinforces the view that only on grounds of necessity can a contract of employment be implied between an agency worker and the end-user of the services.
Future’s so bright … more good news for 3D marks - 15.04.2008
Following on from a recent and much-discussed decision allowing registration of the shape of a speaker as a Community Trade Mark, the Board of Appeal of Office of Harmonization for the Internal Market (OHIM) has allowed registration of the following 3 dimensional mark.
Westminster Buys Copyright to Street Signs - 14.04.2008
Copies, prints and post-cards of famous street names such as Abbey Road, Downing Street and Oxford Street can often be found for sale at ubiquitous merchants of tourist ware. Alas, this may now be a dying trade.
Conference: Anti-Counterfeiting & Brand Protection - 11.04.2008
Simon Tracey, head of Davenport Lyons' Intellectual Property and Brands Practice (CRDR), is speaking at the C5 Advanced Forum on Anti-Counterfeiting and Brand Protection to be held in Prague on 28th and 29th May.
Sport's Fake Lessons - 07.04.2008
Two businessmen, Faisal Madani and Graeme Walker, were convicted of conning sports fans into paying thousands of pounds for forged autographs of their sporting heroes.
New Head of Property for Davenport Lyons - 04.04.2008
Davenport Lyons is delighted to announce that Janet Ayres will be succeeding Paul McCombie as Head of Department in Property.
6 April 2008 and the Companies Act 2006 - 03.04.2008
The next tranche of provisions of the Companies Act 2006 are coming into force on 6 April. These include provisions relating to company secretaries, accounts and report, and the new ability for auditors to limit their liability for a company's audit. For further information please visit our Companies Act section.
Cricket’s fine new mess: What can the governing bodies learn from the debacle? - 18.03.2008
From the perspective of the Indian cricket authority (BCCI) and its handmaidens in other countries, such as the ECB, if the upstart rival competition in the 20/20 format called ICL is to be crushed, it needs to be denied access to all marketable players. This is not an easy task from a legal perspective.
Data protection: end of transitional provisions for manual records - 14.03.2008
From 24 October 2007 manual records that meet the definition of a ‘relevant filing system’ have to comply with all the requirements of the Data Protection Act 1998. But what does this mean in practice for employers and are any likely to be affected?
High Court Rules On Keyword Advertising - 13.03.2008
The High Court has recently dismissed a claim brought by the owner of a Community Trade Mark against two UK subsidiaries of the search engine provider Yahoo! Inc, Yahoo! UK and Overture Services, relating to keyword advertising and sponsored search results.
UK Competition Law - 12.03.2008
The United Kingdom has had a serious competition law regime now for over 10 years. Add to that, a leniency policy borrowed from the EU (and ultimately the US) that is bringing a lot of whistleblowers forward, and you would think that the system should be working satisfactorily. That this is not so, is illustrated by the following recent events.
Parallel Importing in Australia a “Grey” Area - 11.03.2008
A recent decision of the Federal Court of Australia has re-ignited the debate concerning parallel importing of goods there. While brand owners in Europe benefit from “fortress Europe”, in Australia parallel importing seems to be more of a grey area.
Living Together Agreements - 07.03.2008
The numbers of cohabiting couples and individuals purchasing property together to get onto the property
ladder are on the increase. Many couples living together find themselves caught up in costly litigation upon the breakdown of their relationships as competing claims are
made concerning beneficial ownership of the former family home.
Important Changes to Trade Mark Procedures - 07.03.2008
Important changes are coming into force in relation to the procedures for obtaining a Community Trade Mark Registration and a new "fast-track" for UK trade mark applications.
Seminar: The Companies Act 2006 -April 2008 Implementaion - 06.03.2008
Following our seminar covering the first main implementation date of the Companies Act 2006 in October last year, we are delighted to announce the next in the series which looks at what is coming into force in April 2008.
Landmark Irish Judgment on Look-alikes - 03.03.2008
On 21 December 2007 the Dublin Commercial Court handed down a landmark judgment in a claim brought by Karen Millen against Irish retailer Dunnes Stores. The judgment represents the first time a fashion house has successfully argued that look-alike garments infringe its design rights.
Are Regulators Catching Up With User Generated Content? - 29.02.2008
A recent decision by Ofcom highlights the issue of exactly how user generated content is regulated and, perhaps more importantly, the risks faced by those seeking to exploit such content for commercial purposes.
Microsoft fined for non-compliance with EC Commission decision. But is this really price regulation? - 28.02.2008
Enforcing compliance with competition law is not only a question of fining cartel members and making sure they pay up; it is also about penalising companies who obstruct investigations and don’t comply with decisions.
Performers’ Rights Extended to 95 Years? - 26.02.2008
According to Charlie McCreevy, the EU’s internal market Commissioner, performing artists should no longer be the 'poor cousins' of the music business, and he is proposing an increase in the term of copyright for sound recordings from 50 to 95 years.
The Companies Act 2006 - Special Releases - 22.02.2008
In connection with the seminar below, we have produced two new Special Releases on the changes coming into force in relation to auditors and company secretaries. They can be found in our dedicated Companies Act section.
Legislation to up pressure on ISP's over infringers - 13.02.2008
It's been revealed in a leaked government green paper that people in the UK who use their internet connection to download pirated copyrighted material could have their internet access cut off. The draft consultation suggests it will be the Internet Service Providers ("ISPs") who are required to take action in the fight against online piracy.
Does the Disability Discrimination Act apply to carers? - 06.02.2008
In a decision which could have major repercussions for other forms of discrimination legislation, a preliminary decision from the European Court of Justice has said discrimination by association is prohibited under the Disability Discrimination Act 1995.
Partner Appointments Strengthen Davenport Lyons’ Contentious Team - 28.01.2008
Former partners of Michael Simkins LLP, Stephen Hornsby and Roger Billins, have joined the Contentious Team.
Will compulsory retirement ages soon be abolished? - 15.01.2008
Alexa Etheridge analyses the European Court of Justice's ruling on a recent Spanish case and the impact of this case on Heyday's challenge to the UK's compulsory retirement age.
Davenport Lyons' Immigration Service - 09.01.2008
Davenport Lyons is delighted to announce that it now offers Immigration Law Services. Alexa Etheridge specialises in Commercial and Business Work Permits including Tier 1 and Tier 2 applications and highly skilled migrant programme applications.
Good News For Private Companies As The ‘Final’ Timetable Is Announced - 03.01.2008
In an unexpected move towards the end of last year, the government announced that the final commencement date for the Companies Act 2006 (the ‘2006 Act’) would be put back from 1 October 2008 to 1 October 2009.
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