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PRACTICE NOTES
Copyright recognises the skill and labour and the ‘creative stamp’ expended by an author in creating a work. Copyright is, put simply, a right to copy a work (the owner may also restrict acts other than copying). The law is set out mainly in the Copyright, Designs and Patents Act 1988 (CDPA 1988), which took effect from 1 August 1989. Transitional provisions apply to works pre-existing its introduction. This Practice Note signposts the provisions of the CDPA 1988 related to copyright and provides a brief overview of the key elements of copyright protection, exploitation and enforcement in the UK, linking out to detailed guidance on specific issues. The focus of this Practice Note is on CDPA 1988 but, where relevant, it also signposts key provisions of other legislation, such as the defences set out in the Electronic Commerce (EC Directive) Regulations 2002 (the E-Commerce Regulations 2002), SI 2002/2013 and remedies set out in Senior Courts Act 1981 (SCA 1981) and the Civil Procedure Rules (CPR). Copyright subsistence Copyright is not a registered right—it automatically subsists once the following criteria has
CHECKLISTS
This Checklist provides an overview of the UK regulatory framework for cosmetics. It sets out the key issues that a compliance team should consider to adhere with the requirements for placing a cosmetic product on the market in Great Britain (GB). The GB cosmetics regime is based on Assimilated Regulation (EC) 1223/2009 (the UK Cosmetic Products Regulation (UK CPR)), which derives from Regulation (EC) 1223/2009 (the EU Cosmetics Regulation). It also considers the position in Northern Ireland (NI), which remains subject to applicable EU cosmetics rules under the Windsor Framework, and highlights the overlap between the GB and NI regimes. The Checklist is split into 12 sections, covering various aspects of the UK regulation of cosmetic products, including: • the definition of a cosmetic product • obligations of the ‘responsible person’ • safety assessments • a product information file (PIF) • notification • ingredients • animal testing • labelling requirements • product claims • market surveillance • enforcement • regulatory developments This Checklist is intended to be used alongside Practice Note: Regulation of cosmetic
NEWS
Law360: The retirement age might have to rise to 71 in Britain by 2050 to maintain the number of workers per pensioner to sustain economic stability and the viability of pension systems, a specialist think tank said on 5 February 2024.
PRACTICE NOTES
What is country-by-country reporting? Country-by-country (CbC) reporting essentially requires large multinationals to provide an annual return that breaks down the key elements of their activities between the jurisdictions in which they operate. For accounting periods beginning on or after 1 April 2023, additional transfer pricing documentation requirements are required for MNEs within the CbC reporting regime. For more information, see Practice Note: Transfer pricing—the UK legislation — Transfer pricing documentation and compliance. At Budget 2025, the government announced that it will proceed with a requirement for in-scope multinationals to report information annually on cross-border related party transactions for accounting periods beginning on after 1 January 2027. Reports will be submitted through an ‘International Controlled Transactions Schedule’ (ICTS). Technical regulations for the introduction of the ICTS are expected to be published in spring 2026. For more information, see Finance Bill 2026—reform of UK law in relation to transfer pricing, permanent establishment and diverted profits tax and Budget 2025—Tax analysis — International. HMRC guidance on CbC reporting can be found at IEIM300000 onwards. The role of the OECD MNEs are under increasing
NEWS
Property Disputes analysis: BMW (UK) Ltd v K Group Holdings Ltd is the latest decision on lease renewals under the Landlord and Tenant Act 1954 (LTA 1954) (which itself is being reviewed by Law Commission). This decision highlights the need for landlords to demonstrate ‘genuine and workable’ redevelopment intention when seeking a break right and for both parties to appoint genuinely independent experts without any bias in their written reports. Written by Colette Brimble, senior knowledge lawyer at Osborne Clarke, and Donal Kelly, associate director at Osborne Clarke.
NEWS
Restructuring & Insolvency analysis: On 11 November 2022, Mr Justice Zacaroli handed down judgment on an application for directions made by the officeholders of ten different energy supply companies (ESC or ESCs) seeking clarification on issues arising in the insolvencies of the ESCs which had not previously been the subject of judicial consideration. In terms of quantum, the issues were valued at in excess of a hundred million pounds across the ten insolvencies and potentially many more millions of pounds on other ESC insolvencies not before the court. The outcome of the application was of particular interest not just to the officeholders of the relevant insolvencies but particularly to Ofgem; the suppliers of last resort (SoLR or SoLRs) and other significant creditors in the insolvencies. All were represented at the hearing which took place over four days in early October 2022. Written by Devinder Singh, partner at Squire Patton Boggs.
NEWS
Law360, London: The British First-tier Tribunal (FTT) incorrectly dismissed evidence supporting a more than £11.1m penalty assessment against a businessman accused of alcohol smuggling but was correct to dismiss £22.5m in related assessments for lack of evidence, the UK's Upper Tribunal (UT) ruled.
NEWS
Law360: The UK's National Crime Agency (NCA) can collect £900,000 in tax and penalty assessments from a married couple on income the agency claims they gained through money laundering without proving there was an actual tax loss, the Upper Tribunal ruled.
PRACTICE NOTES
ARCHIVED –this archived practice note provides information on pre—2014 criminal cartel offence and reflects the position prior to the entry into force of the Enterprise and Regulatory Reform Act 2014 (1 April 2014). It is not maintained. The criminal cartel offence prohibits individuals from engaging in cartel activity in the UK. For the cartel offence to apply, there used to be a requirement that the individual must have dishonestly entered into one or more of the following arrangements: • price-fixing • output restriction • market or customer allocation, or • bid-rigging The cartel activity must relate to products or services in the UK and be between individuals at competing companies. The cartel offence may be committed even if the arrangements are not implemented or are unsuccessful. Instead, the question is whether an individual has made an agreement to engage in cartel activity (eg to fix prices), and whether he or she did so dishonestly; no competition law assessment will be required. If an individual is being investigated under the cartel
PRACTICE NOTES
This summarises and tracks all publicly known investigations carried out under the old criminal cartel offence (section 188 of the Enterprise Act 2002) since 2008, as well as under the amended criminal cartel offence (as per the changes made by the Enterprise and Regulatory Reform Act 2013) which came into effect on 1 April 2014. Ongoing investigations There are currently no ongoing CMA investigations under the criminal cartel offence that have been made public. Completed investigations 2017 Case name/individual Issues Developments Supply of precast concrete drainage products (CE/9705/12) Barry Kenneth Cooper Agreement to divide supply, fix prices and divide customers between
NEWS
Law360: Legal advisers for crypto-asset companies are concerned by how strenuously the Financial Conduct Authority (FCA) will enforce new guidelines for promoting complex digital financial products for consumers, and have warned that over-interpreting the rules could handicap development of the market.
NEWS
MLex: Senior lawmakers have warned that the UK’s Cyber Resilience and Security Bill does not effectively incorporate AI, as the government faces growing pressure to keep pace with the rapidly evolving technological landscape. In a debate on 14 July 2026, parliamentarians said the proposed legislation has an ‘AI-shaped hole in it’ and urged the government to better integrate the technology into the bill’s scope.