In-house news vlog: binding contracts, frustrated contracts and the latest on the GDPR – December 2016

In-house news vlog: binding contracts, frustrated contracts and the latest on the GDPR – December 2016
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Why hold off until January to turn over a new leaf? We know how precious your time is so we couldn’t wait until the New Year to introduce exciting changes to our In-house News Vlog. It still covers all the month’s key stories, but we’ve made it snappier to save you even more time. But don’t worry; you’re not losing out on detail. Additional background on the latest developments covered in the vlog can be accessed via our NewsIn document. NewsIn also provides a helpful glossary of terms and links to recommended further reading on LexisPSL. All that’s missing is a big, red Christmas bow on the top.

Here’s what’s covered in the vlog this month:

Corporate & Commercial – tune in from 0:29

  • In Wells v Devani, concerning an Estate Agent’s claim for commission, the Court of Appeal, overturning the High Court decision, has ruled that terms cannot be implied where there is no contract.
  • The Fourth Money Laundering Directive (4MLD) will be implemented in 2017 and will make numerous changes to existing anti-money laundering laws.
  • In West India Quay v East Tower Apartments, the High Court has determined what is and isn’t reasonable in relation to a Landlord’s consent to a tenant assigning a lease.
  • In a Court of Appeal case, Armchair Answercall Ltd v People in Mind Ltd, the Claimant successfully argued that the Defendant was not entitled to end a contract based on the common-law doctrine of frustration.

Data Security – tune in from 3:05

  • The UK government has confirmed that regardless of Brexit it will be implementing the GDPR by 25th May 2018. The ICO has published new guidance on what to expect.
  • Two challenges have been lodged in the European Court to annul the EU-US Privacy Shield.
  • In McWilliams v Citibank, a dismissed employee was refused a subject access request (SAR) for information relating to her. The Employment Tribunal determined that even if the SAR was disproportionate the employer must still supply documents on a more limited or proportionate basis.

Employment – tune in from 4:16

  • Aslam and others v Uber is one of the first of the so-called ‘gig economy’ cases to come to the Employment Tribunal. The Claimants successfully argued that they were workers (rather than self-employed) and therefore entitled to paid holiday and the minimum wage.

Intellectual Property – tune in from 5:05

  • The recent decision in R v C has confirmed that the Trade Marks Act 1994 (TMA) criminalises the sale of grey goods as well as counterfeit goods.

Consumer – tune in from 5:52

  • Research by the CMA has identified that more than half of businesses are unsure of the law on unfair contract terms. To address this lack of awareness, the CMA has written a blog and has produced explanatory videos.

Competition – tune in from 6:39

  • A draft Regulation to ban traders from discriminating against customers located in other EU member states, for example by geo-blocking, has been published. It will be directly applicable to UK businesses and is expected to be in force by mid-2017.


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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.