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RPC | United Kingdom | 28 Sep 2021

Access all areas? Privilege, loss of confidentiality and missed opportunity

A recent decision has shown that privilege is not necessarily lost when an opposing party has had access to the privileged material. The purpose and context of the access will lie at the heart of the court's decision if a claim to privilege is disputed. This decision reinforces the position that although wholesale access to material may be provided, parties must separately consider the......
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Fieldfisher | United Kingdom | 28 Sep 2021

High Court rules that damages are not adequate remedy for breach of franchise agreement

In a recent case, the High Court decided that damages were not an adequate remedy for the contractual breach of a franchise model. This case will reassure franchisors seeking to protect the reputation of their brand and franchise network against franchisees who fail to maintain the standards that they have invested time, money and effort in establishing.
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Clifford Chance | United Kingdom | 23 Sep 2021

Serious irregularity challenge to arbitral award upheld

The High Court has upheld a claimant's challenges to an arbitral award made under section 68 of the Arbitration Act, determining that the arbitration tribunal had failed to provide the parties with an opportunity to address the issues on which it based its decision before issuing an award and wrongly rejected the claimant's application to amend its statement of case. This judgment underlines......
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Lewis Silkin | United Kingdom | 22 Sep 2021

Further changes to right to work checks and how to avoid pitfalls

The right to work guidance for employers was recently updated to confirm that individuals with late EU Settlement Scheme applications made on or after 1 July 2021 can start a new job while their application is pending. This article looks at this development and highlights certain aspects of the current guidance that may cause confusion for employers when conducting right to work checks.
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Pinsent Masons | United Kingdom | 22 Sep 2021

Court of Appeal provides new guidance on patent sufficiency

In its recent decision in FibroGen v Akebia, the Court of Appeal provided further guidance in relation to claims with structural and functional features. The Court of Appeal's decision is positive from an innovator's point of view. Patents for chemical formulae when the therapeutic effect is included in the claims may be less vulnerable than had been previously implied. This may give......
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RPC | Pakistan, United Kingdom | 21 Sep 2021

Security for costs – what lens is enforcement criteria viewed through?

Political obstacles can trump legal obstacles when a court is considering enforcement in security for costs applications, as was seen recently in Haque v Hussain. This judgment also reinforces the message that evidence relating to the law of another jurisdiction should be presented by an expert in the field, or it may risk being deemed inadmissible.
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Pinsent Masons | United Kingdom | 20 Sep 2021

Court of Appeal provides new guidance on patent sufficiency

Following the leading Supreme Court judgment in Regeneron v Kymab, and the subsequent clarification by Lord Justice Birss in the decision of Illumina v MGI, the Court of Appeal has continued the recent trend of refining the principles of sufficiency in UK patent law. In its recent decision in FibroGen v Akebia (with the leading judgment also given by Lord Justice Birss), the Court of Appeal......
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Wiggin LLP | United Kingdom | 17 Sep 2021

ICO consults on protection of personal data transferred outside of United Kingdom

The Information Commissioner's Office (ICO) is seeking responses on its draft international data transfer agreement and guidance, which replace standard contractual clauses. The ICO is also asking for views on any relevant privacy rights and legal, economic or policy considerations and implications. The ICO says that it is keen to hear from all interested parties.
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Forsters LLP | United Kingdom | 16 Sep 2021

UK inheritance tax and estate planning considerations for foreign purchasers of residential properties

When acquiring UK property, aside from seeking legal support on conveyancing, purchasers should seek advice on the broader tax and legal implications. As with any substantial acquisition or investment, there will always be potential pitfalls. This article discusses tax and estate planning considerations, including mortgages, life insurance and wills.
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Lewis Silkin | United Kingdom | 15 Sep 2021

Employment tribunal rulings on covid-19 issues – what can we learn?

The covid-19 pandemic required many employers to make difficult decisions in unprecedented and rapidly evolving circumstances, giving rise to concerns this would lead to a deluge of employment tribunal claims. Employment tribunal decisions are starting to be published on key issues such as employees refusing to work, compliance with health and safety rules and the calculation of payments......
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