Rely on the most comprehensive, up-to-date legal content designed and curated by lawyers for lawyers
Work faster and smarter to improve your drafting productivity without increasing risk
Accelerate the creation and use of high quality and trusted legal documents and forms
Streamline how you manage your legal business with proven tools and processes
Manage risk and compliance in your organisation to reduce your risk profile
Stay up to date and informed with insights from our trusted experts, news and information sources
Access the best content in the industry, effortlessly — confident that your news is trustworthy and up to date.
Find up-to-date guidance on points of law and then easily pull up sources to support your advice with Lexis PSL
Check out our straightforward definitions of common legal terms.
Our trusted tax intelligence solutions, highly-regarded exam training and education materials help guide and tutor Tax professionals
Access our unrivalled global news content, business information and analytics solutions
Insurance, risk and compliance intelligence using big data, proprietary linking and advanced analytics.
A leading provider of software platforms for professional services firms
In-depth analysis, commentary and practical information to help you protect your business
LexisNexis Blogs shed light on topics affecting the legal profession and the issues you're facing
Legal professionals trust us to help navigate change. Find out how we help ensure they exceed expectations
Lex Chat is a LexisNexis current affairs podcast sharing insights on topics for the legal profession
Discuss the latest legal developments, ask questions, and share best practice with other LexisPSL subscribers
The festive season is in full swing, and it’s time to deck the halls with boughs of holly.
As well as keeping up-to-date with new legal developments, lawyers also have a plethora of Christmas drinks, office parties, shopping and holidays to enjoy. How to fit it all in is a perennial problem. Fortunately, our Commercial news update for December,
created in partnership with Radius Law, is here to help.
Quicker to digest than a mini-mince pie, it brings together in one place the latest key developments relevant to in-house lawyers. This month’s update looks at recent caselaw on contract interpretation, the Royal Mail whistleblower case and the
risks associated with TUPE transfers.
Our updates always focus on the commercial aspects, and look at the practical steps to consider.
Watch or listen—and be fully up-to-speed in less than 10 minutes.
And may we take this opportunity to wish you all a very happy festive season!
This month, we cover the following:
Corporate & Commercial—tune in from 0:14 secs
Precise terms must be observed when serving a warranty claim, communications company Zayo found to its cost in Zayo v Ainger. A sale agreement required that any claim be served on all sellers at their specified addresses. Unfortunately for Zayo,
one of the sellers had moved and the courier delivered the notice to an alternate address. Zayo’s claim was knocked out for not being validly served.
What happens where a contract term is not clearly stated but is so obvious that it goes ‘without saying’? Answer: the term is implied, according to the Court of Appeal in Sparks v Biden. Sparks sold land for the development of houses,
and also stood to gain from the eventual sale of the houses through overage provisions. The contract obliged the buyer to develop the land as soon as reasonably practicable, but did not expressly refer to a timescale for selling the houses. The buyer
decided to rent rather than sell the homes. However, the Court of Appeal held that the agreement had obviously meant to oblige the developer to sell the houses (as well as develop the land) as soon as reasonably practicable. Therefore, the term was
Data security—tune in from 2:21 secs
There are updates on the General Data Protection Regulation (GDPR). Data controllers will still need to pay the Information Commissioner’s Office an annual fee, which could be as much as £1,000, and the European Commission has released new
guidance on impact assessments.
Employment—tune in from 3:32 secs
Whistle blower reports came under the spotlight in a recent unfair dismissal case involving a Royal Mail worker. The Court of Appeal has now overturned the Employment Appeals Tribunal decision last September, in Royal Mail v Jhuti. The Court held
the employer could not be liable for the employee’s dismissal where the dismissing manager was unaware of a protected whistle blowing report, which had been made to the employee’s line manager.
A breast-feeding mother is entitled to a specific assessment into her individual situation, and for appropriate adjustments to be made. The employer cannot simply rely on a standard risk assessment, the European Court of Justice has held.
Baker v British Gas highlights the risks posed by TUPE transfers. An electric shock caused an employee to fall off his ladder, sadly suffering brain damage in the process. Negligence related to the incident dated back two years, prior to a TUPE
transfer. The employee sued his current employers, and the High Court agreed—TUPE law made the current employer responsible for the past acts of employees.
Competition—tune in from 6:36 secs
Simply attending a meeting where confidential pricing information was exchanged (and which was covertly filmed) was sufficient to count as a competition law infringement. Balmoral Tanks’ excuses that its representative had stated the company did
not want to be part of a cartel, only attended one meeting, and may have disclosed incorrect information were not enough to save it from a fine.
Bribery & Corruption—tune in from 8:02 secs
The government has issued new guidance on the Modern Slavery Act, which can be found on the Gov.uk website.
Watch an exclusive interview with Lady HaleIn this exclusive interview, Lady Hale, the first female President of the Supreme Court, gives a personal account of her being the ‘first’ many times over and the role of women in
the legal profession. Watch it here >>
Have your say and be in with a chance of winning a £300 voucher of your choiceIf you have 5 minutes spare, please complete Douglas Scotts annual Salary Survey and Benefits Benchmarker 2018 and be in with a chance of winning a £300
voucher of your choice, delivered in time for Christmas. Take the survey here >>
LexisNexis In-house subscribers can delve further into all of these news articles.
Non-subscribers can request a free trial here.
Free trials are only available to individuals based in the UK
* denotes a required field
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.
0330 161 1234