In-house news vlog: electronic signatures, repudiatory breach and the TalkTalk appeal – October 2016



Turn on your central heating, pull on a pair of thick socks and huddle up with our October news vlog produced in association with Radius Law. Don’t spend long, cold hours trawling legal updates - we’ve wrapped all the key developments up for you in a nice warm blanket. Minimum effort, maximum comfort. Who says that lawyers don’t deserve a little bit of hygge?

Here’s what’s covered this month:

Corporate & Commercial – tune in from 0:20

  • The Department for Business, Energy and Industrial Strategy (BEIS) has published new guidance on electronic signatures and the role of trust services.
  • Companies House has published a guide on how to complete a confirmation statement under the new SBEE 2015 requirements.
  • The SBEE provision on the appointment of corporate directors has been delayed – see the government’s website.
  • BEIS has confirmed that the duty to report on payment practices under SBEE is expected to come into force on the 6th April 2017.
  • MSC Mediterranean Shipping Co SA v Cottonex Anstalt considers a party’s rights when a contract has become frustrated.
  • The BEIS Committee has launched its inquiry into corporate governance.

Data security – tune in from 4:35

  • In McWilliams v Citibank, the tribunal decided that the employer's refusal to respond to the employee's SAR was unfair and materially affected her ability to defend her actions.
  • TalkTalk has lost its appeal against a £1,000 penalty imposed against it for failing to promptly report a data breach.

Advertising & Marketing – tune in from 6:35

  • The Committee on Advertising Practice has updated its guidance on promotional marketing, specifically around product availability. This follows changes made to the CAP Code in 2015.

Employment – tune in from 7:10

  • In CT Plus (Yorkshire) CIC v Black, the EAT has confirmed that in order for a service provision change TUPE transfer to take place, it is essential that the client before the service change remains the same afterwards.
  • The EAT case of G4S Cash Solutions (UK) Ltd v Powell has confirmed for the first time that reasonable adjustments for a disabled employee may include pay protection.
  • Trye v UK Mission Enterprise Ltd has confirmed previous case law that providing an employer is acting reasonably, it is entitled to treat misconduct and prior final warnings as a sufficient reason to dismiss even where the conduct and the final warning relate to different issues.
  • The arrest of Byron burger chain staff in immigration raids highlights the importance of making thorough checks of ID documents.

Competition – tune in from 10:55

  • In September, the European Commission published its Preliminary Report on the E-commerce Sector Inquiry. The publication of the Report starts a two-month public consultation.

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