Current position: Copyright law in the UK has been harmonised substantially through various EU directives, but is less harmonised than other areas of intellectual property law (eg trade marks). These directives cover many areas of copyright including computer programs, rental, lending and neighbouring rights, satellite broadcasting and cable retransmission rights, the duration of copyright and database protection. In particular, the Information Society Directive (sometimes called the Copyright Directive) introduced a much deeper and more far ranging harmonisation of many of the fundamental aspects of copyright including the reproduction right, the communication to the public right and the range of permissible ‘fair dealing’ defences. In particular, in interpreting this directive, the EU has favoured the imposition of the ‘author’s own intellectual creation’ test for determining whether a work is ‘original’ rather than the ‘sweat of the brow’ approach that the UK had traditionally favoured (eg see Advocate-General Mengozzi in Football Dataco Ltd v Yahoo! UK Ltd). The EU Commission has also put forward far-reaching EU copyright reforms under its so-called Digital

Starting point―impact of European Union (Withdrawal) Act 2018 The starting point for this question is the European Union (Withdrawal) Act 2018 (EU(W)A 2018), which defines, inter alia, the body of retained EU law to be preserved after the repeal of the European Communities Act 1972. For background reading, see Q&A: What is retained EU law? In the context of equality and human rights law, the following provisions are key: • EU(W)A 2018, ss 2–4 retain all EU-derived domestic legislation, direct EU legislation, and any rights, powers, liabilities, obligations, restrictions, remedies and procedures which are recognised and available in domestic law before exit day. This would cover, for example, the Equality Act 2006, Equality Act 2010 and various domestic legislation relating to workers’ rights. For background reading, see the government’s Repeal Bill White Paper and Factsheet 7: Workers’ rights • EU(W)A 2018, s 5(4) provides that the Charter of Fundamental Rights of the European Union (the Charter) is excluded from retained EU law and will not be part of domestic

Many charities will have board or general meetings scheduled over the coming months and be wondering what steps should be taken to observe social distancing measures and protect attendees, particularly those more at risk from coronavirus (COVID-19). Special rules apply to these meetings and will need to be taken into account. Formal meetings are, of course, only one (albeit an important) aspect of a charity’s operations. Outside formal meetings, staff may be able to work and meet remotely in order to keep services going. Where this is not possible, difficult decisions may have to be made about how best to protect a charity’s beneficiaries and reputation until restrictions around movement are eased. This Q&A is principally directed to charities which are structured as companies. Board decisions: one-off decisions where a meeting cannot be held If a decision is needed at short notice on a specific matter and the trustees are all in agreement, they

Guidance has not yet been published for insolvency practitioners in relation to physical company voluntary arrangement (CVA) meetings.  However, it is highly unlikely a CVA meeting will be required to be held in person by the insolvency practitioner due to the government’s guidance on social distancing due to the coronavirus (COVID-19) outbreak. Therefore, meetings are likely to be held virtually in accordance with the Insolvency (England and Wales) Rules 2016 (IR 2016), SI 2016/1024, r 15.5. However, if creditors do request a physical meeting, the meeting may be significantly delayed until such time the government relaxes the social distancing rules. Coronavirus is having a significant impact on many businesses and is unfortunately leading to many being at risk of insolvency. There is likely to be a rise in CVAs due to coronavirus. It is therefore essential for CVA meetings to be held so that directors

The Home Office and UK Visas and Immigration (UKVI) have released guidance on immigration provisions for individuals affected by travel restrictions associated with coronavirus (COVID-19). It can be seen from this guidance that some exceptions can be made in the case of Tier 2 visas (as well as Tier 4 and Tier 5) for periods of absence from work as a result of coronavirus. Separately, the Joint Council

The principle at law is that all creditors will rank equally (or pari passu) unless the parties have agreed otherwise. Practice Note: Order of payments explains the pari passu principle in corporate insolvency and notes that: 'If they are ranked 'pari passu', each creditor is paid equally and without preference to one another'. Further general information on the pari passu principle can be found in our PSL Restructuring & Insolvency Practice Note: The pari passu principle and collection remedies for the

Tenants should be aware that if their property is rated as being below the required energy efficiency level by 2018, then it is likely that they will not be able to assign or sublet their leases, so they will need to make sure their property conforms to the minimum energy efficiency requirements (subject to superior landlord consent), see Practice Notes: Minimum energy efficiency standards (MEES) in the private rented sector—snapshot and Minimum energy efficiency standards (MEES)—non-domestic landlords and tenants—impact on existing and new leases. Rent review clauses will need to be checked to ensure that the rent is not depressed

In England and Wales, the law regards pets as chattels and as such there is no specific legislative provision in relation to the ownership of pets on divorce or separation and very limited case law. Such matters may arise as an ancillary issue within the financial proceedings as a whole and case law examples where such issues have been considered, and the approach taken by the courts, are: • S v S, where the court had regard to the wife’s wish to keep her horses and noted that whereas it would have been unreasonable to have awarded her sufficient means to enable her to keep up her life with horses if the parties’ means had been insufficient to permit the husband comfortably to accommodate such spending, so long as the husband’ s income was well able to permit him

Wills and Probate analysis: Changes to the intestacy rules will come into force on 1 October 2014. Emma Hurrell, a solicitor at Fladgate LLP, highlights the most significant provisions and explains how they will affect lawyers dealing with clients’ wills.

Under section 8(1) of the Children Act 1989 (ChA 1989), a specific issue order means an order giving directions for the purpose of determining a specific question which has arisen, or may arise, in connection with any aspect of parental responsibility for a child. Such an order may be applied for to resolve a dispute regarding among other things a child’s education. It should be noted however that a specific issue order should not be made in respect of a child who has attained the age of 16 and an order should not be expressed to have effect beyond a child's 16th birthday unless the court is satisfied that the circumstances of the case are exceptional (ChA 1989, ss 9(6)–(7)). If an order is extended beyond or made after the child reached 16, it comes to an

Section 25(2)(a) of the Matrimonial Causes Act 1973 (MCA 1973) provides that the court must have regard to: '…the income, earning capacity, property and other financial resources which each of the parties to the marriage has or is likely to have in the foreseeable future, including in the case of earning capacity any increase in that capacity which it would in the opinion of the court be reasonable to expect a party to the marriage to take steps to acquire.' The court will be concerned with the parties' net assets and therefore any liabilities must be evidenced and taken into account. The court may draw a distinction between

The answer will very much be fact dependent however the fact that the employer only recovered a modest amount by way of overpayment would be a relevant consideration for the court when determining how to award costs. The Contractor’s position would be significantly improved if it had made a Part 36 offer. Costs are in the discretion of the trial judge, as to which party is to pay them, the amount and when payment is to be made, subject to rules of court. In general, costs follow the event, that is to say, the unsuccessful party will be ordered to pay the costs of the successful party unless in all the circumstances a different