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



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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