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Commercial service charge changes: have your say

20 Nov 2017

The tide may finally be turning for tenants when it comes to service charge. For many years now, landlords have effectively been able to operate unregulated when running service charges under a commercial lease. This is in part due to the fact that, despite the RICS code of practice being in its third edition, compliance […]

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50 Shades of Grey (market trading)

15 Nov 2017

Here, Intellectual property partner Claire Meyers discusses the risks associated with dealing in parallel/grey market goods. Broadly speaking, a trade mark owner is entitled to prevent a third party from using his trade mark without his consent.  However, once branded goods have been placed on the market in the EEA by the trade mark owner, […]

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When is selling parallel traded goods (grey goods) a criminal offence?

13 Nov 2017

In the context of Brexit, there has been much talk of the English Courts adopting a more robust attitude to competition and departing from some of the jurisdiction and jurisprudence of the European Court of Justice. There is, however, scant evidence of such an approach in a recent decision given on 3 August 2017 by […]

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Patents, trade marks and registered designs: can you make a threat to sue?

13 Nov 2017

It has long been the law in England and Wales that any threat to sue on a patent, trade mark or registered design could be the subject itself of an action by a person in receipt of the threat that the threat was unjustified. This has caused a number of practical problems, in particular, in […]

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Three things you need to know about using e-signatures in the Digital Age

27 Oct 2017

The Digital Age is well and truly upon us. Most of us now couldn’t live without our smartphones, tablets, Smart TVs, laptops and the like. Therefore, understandably, we are often asked by our clients whether it is safe and acceptable to digitally sign documents. The short answer is yes. Regulations allowing digital signatures (The Electronic […]

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Specialist advisor warns tax evaders ‘HMRC will be rubbing their hands’, following latest data hack

25 Oct 2017

The announcement of a data hack at Appleby, one of the world’s largest providers of offshore legal services, could produce a treasure trove of information for HMRC to rival the Panama Papers and then some. Here, specialist tax investigations solicitor and Executive Partner for Manchester commercial law firm Kuits, Robert Levy, shares his insight: “Until […]

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Sexual harassment by the ‘boss’ – can there ever be a Hollywood ending?

13 Oct 2017

One of the biggest film producers in Hollywood, Harvey Weinstein, has recently been dismissed by the management board of his own production company following a historic sexual harassment complaint. To some this has been Hollywood’s worst kept secret. Reports have emerged that Weinstein has settled up to eight harassment lawsuits previously. He also faces a […]

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The General Data Protection Regulation (GDPR) – what is it and what should you be doing to prepare? Part Three

06 Oct 2017

Part 3 – Rights of Data Subjects This is the third in our series of articles summarising the upcoming changes to be introduced by the GDPR. As mentioned in our previous article, data subjects, or those individuals whose data is held, already have various rights in respect of their personal data. The GDPR will strengthen […]

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Lasting Powers of Attorney – Why they are still viable

02 Sep 2017

A Lasting Power of Attorney (LPA) is a legal document which gives chosen attorneys the ability to manage the financial and property affairs, and/or health and welfare matters of the person giving the power of attorney, known as the Donor. It is ‘lasting’ because even if the Donor loses mental capacity in the future so […]

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#ETfees: our insight on today's Supreme Court ruling that employment tribunal fees are unlawful

26 Jul 2017

Head of Employment for Kuits, Kevin McKenna, gives his insight into today’s Supreme Court decision that employment tribunal fees are unlawful.  “The Unison case decided today in the Supreme Court is likely to dramatically change the landscape for employment tribunal claims and substantially increase the risk of tribunal claims for employers. “The introduction of fees […]

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Back to the future for employment tribunal claims

26 Jul 2017

The Supreme Court has allowed the worker’s union UNISON’s appeal that the current system of fees in the Employment Tribunal and the Appeal Tribunal is unlawful.  This decision is extremely significant for claimants who have been dissuaded from bringing claims (as statistics clearly show) against their employers because of the financial cost.  Prior to the […]

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The E-Privacy Regulation: What does it mean for your business?

24 Jul 2017

In recent years, the world of communications has changed dramatically. There are now a range of ways with which we communicate electronically every day – including WhatsApp, Viber, IMessage and Skype – which did not exist at all a few years ago. Our willingness to embrace new technology and our demand for instant communications has […]

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#BBCpay: a legal perspective on today's top story

19 Jul 2017

Head of employment for Kuits, Kevin McKenna, offers insight into today’s top story concerning the salary information published in the BBC’s annual report and what this means for employers: “Firstly, the salary information published in the BBC’s annual report should not be confused with an employer’s obligations relating to the Gender Pay Regulations. For a start, […]

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Employee injunctions: Go directly to jail. Do not pass go. Do not collect confidential information from your previous employer.

19 Jul 2017

Occasionally calls come in not from people who want employment law advice, but from people who want to give it – or, at least, have a clear vision in their mind as to what the state of the law should be. Above all, there is one area where the desire for the law to match […]

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The Taylor Review of Modern Working Practices

12 Jul 2017

Yesterday, the Government published the eagerly awaited Taylor Review of Modern Practices, or the “Good Work” Report as it is now called, which runs to 116 pages. Set up by the Government 9 months ago, and following extensive consultation with the business community, workers, lawyers and unions to name but a few, the review has […]

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HMRC Investigations: 5 things employers should know

29 Jun 2017

The spotlight for HMRC investigations into breach of the National Minimum Wage Regulations has traditionally fallen on employers in the care, retail and hospitality sectors. Increasingly, we are seeing that HMRC is starting to widen the net to other sectors such as sports and manufacturing. Mark McKeating, a solicitor from our Employment team sets out […]

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Four advantages of Private Fund Limited Partnerships

23 Jun 2017

On 6 April 2017, the Legislative Reform (Private Fund Limited Partnerships) Order 2017 came into effect, changing the law on limited partnerships in England and Wales by introducing a new category of limited partnership known as a ‘private fund limited partnership’ or ‘PFLP’. These changes will bring a number of advantages for investment funds traditionally […]

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The Fourth Money Laundering Directive – Beneficial Ownership Information (Article 30 and 31): How will it affect you?

07 Jun 2017

The EU 4th Money Laundering Directive (4MLD) is due to be implemented into UK law on 26 June 2017. The aim of 4MLD is to strengthen the EU’s defences against money laundering and terrorist financing. Article 30 – beneficial ownership information relating to corporate and other legal entities Article 30 requires each member state to […]

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Be wary and don’t vary: oral variations of written contracts

06 Jun 2017

Certainty of contract Certainty of contract is one of the main pillars of contractual law. The basic principle is that what is written in black and white represents the bargain reached by the parties and their intentions when they entered into the agreement. Well-drafted commercial agreements will include a clause saying that the parties agree […]

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PSC Registers - Are you compliant?

02 Jun 2017

The new rules on PSC Registers came into force over a year ago but many companies are still not compliant. Since 6 April 2016 every UK company (including dormant companies, companies limited by shares, companies limited by guarantee and community interest companies) and every UK limited liability partnership must keep and maintain a register of […]

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Don’t tie yourself in knots: – Japanese Knotweed and landowners obligations

30 May 2017

A recent County Court case involving Network Rail, Williams v Network Rail Infrastructure Ltd (2017), provides an useful reminder to Landowners of the perils facing those whose who ignore or do not control the spread of Japanese knotweed on their land. Our Head of Litigation, Andrew Weinberg, offers his insight: Japanese Knotweed Japanese Knotweed is […]

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Unexplained Wealth – Not as good as it sounds (particularly if you’re getting divorced or involved in a commercial dispute)

19 Apr 2017

The Criminal Finances Bill currently going through parliament contains far reaching powers in the Government’s crusade against the economic benefits of crime. Here, Specialist Regulatory and Business Crime Consultant for Kuits, Wendi Bussin, sheds light on why high-net-worth individuals and business directors need to sit up and take notice. “I am not a terrorist or […]

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Insolvency Rules 2016: A Modern Era

27 Mar 2017

The new Insolvency Rules 2016 will come into force on 6 April 2017. In practice, the Rules should provide more efficiency, as they aim to modernise the insolvency procedures, resulting in reduced time and costs expended. The significant changes brought by the Rules include: Officeholder reports and remuneration The format and the contents of the […]

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The Budget 2017 – what it means for businesses

10 Mar 2017

On Wednesday, Philip Hammond delivered his first Spring Budget as Chancellor. The Budget is the last before the UK begins the formal Brexit process and is the last Spring Budget before it is moved permanently to the Autumn. The key points of the announcement which will be of importance to businesses included the following: Growth […]

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General Data Protection Regulation (GDPR) – what is it and what should you be doing to prepare? Part Two.

08 Mar 2017

Part 2 – Obligations on Data Controllers and Data Processors This is the second in our series of articles summarising the upcoming changes to be introduced by the GDPR. As mentioned in our previous article, the GDPR imposes specific new obligations on data processors (i.e. persons who process data) and also further obligations on data […]

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