In-house news vlog: Brexit, deleted words and modern slavery – July 2016

In-house news vlog: Brexit, deleted words and modern slavery – July 2016

As we mull over the prospect of leaving the EU, stability seems a distant memory. Thankfully, one thing you can rely on in times of uncertainty is our monthly in-house news vlog. Produced in association with Radius Law, it covers all the latest developments and cases that in-house lawyers need to know about, including – unsurprisingly – Brexit.

Here’s a summary of what’s covered this month:

Corporate & Commercial – tune in from 0:20

  • Following the EU referendum, there is a small and limited risk that some contracts may be incapable of being performed where they are intrinsically linked to EU regulations.
  • Teoco UK Ltd v Aircom Jersey 4 Ltd illustrates the importance of complying meticulously with the contract detail when making a warranty claim.
  • The insurance provisions in the Enterprise Act 2016 come into force on 4th May 2017.
  • The Third Parties (Rights against Insurers) Act 2010 is effective from 1st August 2016.
  • The Court of Appeal decision in Narandas-Girdhar v Bradstock confirms that deleted words can be used to interpret a contract where the terms are ambiguous and the deleted words help to resolve that ambiguity.

Data security – tune in from 3:57

  • Two recent cases demonstrate that there are tools available to employers to prevent employees from stealing company data.
  • The Department for Business, Innovation and Skills has issued its non-compete clauses: call for evidence, suggesting that non-complete clauses can restrict flexibility of the UK labour market.

Employment – tune in from 5:18

  • Samira Achbita v G4S Secure Solutions NV provides a new perspective on the rights of workers to wear religious symbols.
  • The Employment Appeal Tribunal has reversed a first instance decision in a TUPE case concerning a company called Millbrook Furnishings Limited. The EAT found that TUPE did not apply as there had not been an organised group of employees dedicated to the contract in question at the relevant time.
  • Risby v London Borough of Waltham Forest and Carreras v United First Partners Research highlight the need for employers to be cautious in situations where there may be a disability claim.
  • The Enterprise Act 2016 contains some important changes in relation to Sunday working, including measures to extend the rights of shop workers.

Intellectual Property – tune in from 9:24

In England and Wales Cricket Board (ECB) Ltd v Tixdaq, the Court ruled that the defendant’s use of eight-second video clips was an infringement of the ECB’s copyright. There could be no defence of fair dealing.

Consumer – tune in from 10:14

  • The European Commission has published updated guidance on the application of the Unfair Commercial Practices Directive (UCPD). It provides information on how UPCD applies, particularly in the digital world.
  • The CMA is consulting on draft guidance on its consumer powers. The consultation ends on 21st July 2016.

Competition – tune in from 11:00

  • The Competition and Markets Authority (CMA) has published new guidance on bid rigging and resale price maintenance.
  • Fridge supplier ITW Ltd has been fined over £2 million after restricting dealers from offering online discounts.
  • The European Commission has presented its proposal to tackle geo-blocking.

Bribery & Corruption – tune in from 12:23

Recent cases highlight incidents of slavery happening in the UK. Companies must be vigilant of these risks when engaging third-party companies.

LexisNexis In-house subscribers can delve further into all of these news articles.

Non-subscribers can request a free trial here.

There is also a podcast available of this newscast.

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To download a PDF version of the newscast, with further detail on the stories this month, please fill in your details below.

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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.