Commercial news update - April 2018: The meaning of goods for commercial agents, GDPR, TUPE and zero-hours contracts

Commercial news update - April 2018: The meaning of goods for commercial agents, GDPR, TUPE and zero-hours contracts

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This month with updates across corporate & commercial, data security, employment, consumer and bribery and corruption.

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This month, we cover the following:

Corporate & Commercial—tune in from 0:15 secs

The meaning of Goods for Commercial Agents, where an agent that has been engaged to sell goods is terminated, the agent will, generally, be entitled to compensation in accordance with the Commercial Agent Regulations. Software delivered electronically is not a sale of goods (Computer Associates UK Ltd v Software Incubator Ltd)

The Court of Appeal has ruled that legal advice privilege will only apply where a solicitor is providing legal advice. Confidential communications between solicitor and client—disclosable or not? (Kerman v Akhmedova)

Contracts regularly require parties to use reasonable endeavours to do an act. In a recent case (Gaia Ventures Ltd v Abbeygate Helical (Leisure Plaza) Ltd), land had been sold to a developer and the contract required the developer to use reasonable endeavours to reach certain conditions within 10 years.

Since October 2009 new directors have been able to keep their residential address private by making use of a separate service address on the public records, however addresses that pre-date October 2009 have remained on the record except in cases where the directors have been able to show there was a serious risk of violence or intimidation. Companies (Disclosure of Address) (Amendment) Regulations 2018

Data security

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About the author:
Iain founded Radius Law in September 2013 which has been designed to meet the exacting standards that Iain had of his law firms during his time as an in-house counsel.

 

Iain’s in-house career spans 14 years with the 7 years from 2006 to 2013 being the General Counsel and Chief Compliance officer for the Mercedes-Benz UK Group. In this role he led a team of 18 staff.
Iain has previously been recognised in the Financial Times Innovative Lawyers report as a thought leader in legal management. He has spoken regularly and had published articles particularly on how to measure legal value.

Aside from legal management, Iain has significant expertise in regulatory work, particularly competition law and anti-bribery. Iain has led the implementation of large scale compliance programmes and also managed regulatory investigations.

Outside of the day job Iain has a passion for community projects and has been a non-executive director of a housing association and also established a debt advice centre. This social conscious approach continues in Radius Law with a bold commitment to pay 10% of profits to charity.