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Thinking - Publication

Health and Safety Bulletin – September 2024

Published on 24 Sep 2024. By Gavin Reese, Partner, Head of Regulatory and Mamata Dutta, Partner and Rashna Vaswani, Associate and Sally Lord, Knowledge Lawyer Manager and Catherine Zakarias-Welch, Knowledge Lawyer and Aimee Talbot, Knowledge Lawyer

Welcome to this month's health and safety update, keeping you updated with a round-up of the latest fines, sentences, and environmental news.

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Health and Safety Bulletin – March 2024

Published on 06 Mar 2024. By Gavin Reese, Partner, Head of Regulatory and Mamata Dutta, Partner and Rashna Vaswani, Associate

Welcome to this month's health and safety update. View the headlines below or click the pdf at the bottom of the page to read the full articles.

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Health and Safety Bulletin – August 2023

Published on 23 Aug 2023. By Gavin Reese, Partner, Head of Regulatory and Mamata Dutta, Partner and Rashna Vaswani, Associate

Welcome to this month's health and safety update. View the headlines below or click the pdf at the bottom of the page to read the full articles.

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Health and Safety Bulletin – November 2022

Published on 10 Nov 2022. By Gavin Reese, Partner, Head of Regulatory and Mamata Dutta, Partner

Welcome to this month's health and safety update. View the headlines below or click the pdf at the bottom of the page to read the full articles.

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Health and Safety Bulletin – February 2022

Published on 08 Feb 2022. By Gavin Reese, Partner, Head of Regulatory and Mamata Dutta, Partner

Welcome to this month's health and safety update. View the headlines below or click the pdf at the bottom of the page to read the full articles.

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Health and safety update - June 2021

Published on 28 Jun 2021.

Welcome to this month's health and safety update. View the headlines below or click the pdf at the bottom of the page to read the full articles.

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Health and safety update - September 2020

Published on 30 Sep 2020.

Welcome to this month's health and safety update. View the headlines below or click the pdf at the bottom of the page to read the full articles.

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COVID-19 Secure – Government Guidance released

Published on 14 May 2020.

Following Prime Minster Boris Johnson's announcement on Sunday 10 May about limited easing lockdown restrictions, the government published various guidance documents to businesses on 11 May to assist with the process of returning to work.

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Health and safety update December 2019

Published on 19 Dec 2019.

Welcome to our December 2019 health and safety update where we look at the health and safety stories that have recently hit the headlines as well as the latest fines and sentences that have been handed down.

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Health and safety update September 2019

Published on 01 Oct 2019. By Gavin Reese, Partner, Head of Regulatory and Mamata Dutta, Partner

Welcome to our September 2019 health and safety update where we look at the health and safety stories that have recently hit the headlines as well as the latest fines and sentences that have been handed down.

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Health and safety update June 2019

Published on 28 Jun 2019.

Welcome to our June 2019 health and safety update where we look at the health and safety stories that have recently hit the headlines as well as the latest fines and sentences that have been handed down.

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Health and safety update March 2019

Published on 21 Mar 2019.

Welcome to our March 2019 health and safety update where we look at the health and safety stories that have recently hit the headlines as well as the latest fines and sentences that have been handed down.

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Health and safety update December 2018

Published on 18 Dec 2018.

Welcome to the latest edition of our health and safety update where we look at the health and safety stories that have recently hit the headlines as well as the latest fines and sentences that have been handed down.

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Health and safety update September 2018

Published on 28 Sep 2018.

Welcome to the latest edition of our health and safety update where we look at the health and safety stories that have recently hit the headlines as well as the latest fines and sentences that have been handed down.

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Health and safety update June 2018

Published on 25 Jun 2018.

Welcome to the latest edition of our health and safety update where we look at the health and safety stories that have recently hit the headlines as well as the latest fines and sentences that have been handed down.

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Health and safety update March 2018

Published on 26 Mar 2018.

Welcome to the latest edition of our health and safety update where we look at the health and safety stories that have recently hit the headlines as well as the latest fines and sentences that have been handed down.

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Thinking - Publication

Health and safety update December 2017

Published on 14 Dec 2017.

Welcome the the latest edition of our Health and safety update, where we look at the health and safety stories that have recently hit the headlines as well as well as the latest fines and sentences that have been handed down.

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Health and safety law update, December 2016

Published on 19 Dec 2016.

Welcome to the December issue of our Health & Safety law update.

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Health and Safety update, September 2016

Published on 29 Sep 2016.

This edition includes details of Merlin Attractions' £5 million fine following the Smiler crash in 2015 at Alton Towers, in addition to the latest case law and health & safety news.

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Health and Safety June Update

Published on 03 Jun 2016.

Health and safety update June 2016

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National Grid Gas plc hit with £2m fine for health and safety breach

Published on 11 Dec 2015.

National Grid Gas plc hit with £2m fine for health and safety breach

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Harmful Online Choice Architecture: ASA criticises Nike and Sky for “dark pattern” tactics

Published on 10 Dec 2024. By Oliver Bray, Senior Partner

What must businesses do to ensure that their ads do not fall foul of the ASA and CMA’s ongoing investigations into harmful choice architecture and dark pattern tactics?

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Agreements to agree: Price for goods “to be fixed” by agreement results in partially enforceable contract

Published on 10 Dec 2024. By Caroline Tuck, Partner and Eleanor Harley , Senior Associate

Where a contract for the sale of goods did not expressly specify the price for a portion of the goods, was the contract for the sale of those goods, or an element of it, enforceable or unenforceable as a mere agreement to agree?

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Influencer posts and affiliate links: the whole marketing chain must know the rules

Published on 10 Dec 2024. By Oliver Bray, Senior Partner

Why did the Advertising Standards Authority (ASA) rule against Sainsbury’s on the use of an affiliate link by an influencer (noting that Sainsbury’s had no involvement in the creation of the post) and what steps could Sainsbury’s take to help prevent the problem from happening again?

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Construing material adverse effect/material adverse change clauses

Published on 10 Dec 2024. By Caroline Tuck, Partner and Eleanor Harley , Senior Associate

How did the courts go about construing a material adverse effect definition (MAE) in a share purchase agreement (SPA) to determine whether an event constituted a MAE so as to discharge the buyers from their obligation to close the transaction?

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Travel agent found to have misled consumers with “from” price claims

Published on 10 Dec 2024. By Oliver Bray, Senior Partner

How can advertisers avoid misleading consumers when using “from” price claims?

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Reasonable notice termination not construed or implied into a contract with detailed termination provisions

Published on 10 Dec 2024. By Caroline Tuck, Partner and Eleanor Harley , Senior Associate

Where a contract contains comprehensive termination provisions, in what circumstances will the court avoid construing or implying an additional right to terminate on reasonable notice?

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ASA rules against telecoms companies on mid-contract price rises

Published on 10 Dec 2024. By Oliver Bray, Senior Partner

What steps should be taken to ensure contractual mid-term price rises don’t fall foul of advertising regulations or Ofcom’s existing and incoming transparency rules?

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Effect of a contractual liability cap on set-off and contractual interest

Published on 10 Dec 2024. By Caroline Tuck, Partner and Eleanor Harley , Senior Associate

Under a contract’s liability cap, should the cap be applied separately to each party’s liability before any set-off or after calculating the net financial position between the parties?

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Round up of recent green claims

Published on 10 Dec 2024. By Oliver Bray, Senior Partner

Round up of recent green claims: Key updates and sector-specific updates

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Snapshots Winter 2024

Published on 10 Dec 2024. By Oliver Bray, Senior Partner and David Cran, Partner, Head of IP & Tech

A roundup of key legal developments for the modern commercial lawyer.

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Snapshots Autumn 2024

Published on 17 Oct 2024. By Oliver Bray, Senior Partner and David Cran, Partner, Head of IP & Tech

A roundup of key legal developments for the modern commercial lawyer.

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Court infers novation despite 'no dealings' clause

Published on 17 Oct 2024.

Magee and others v Crocker and others [2024] EWHC 1723 (Ch)

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Determining whether a default interest clause is an unenforceable penalty

Published on 17 Oct 2024.

Houssein & Others v London Credit Limited & Another [2024] EWCA Civ 721

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Agent authority in contract variation

Published on 17 Oct 2024. By David Cran, Partner, Head of IP & Tech and Caroline Tuck, Partner

Advanced Multi-Technology for Medical Industry and others v Uniserve Ltd and others [2024] EWHC 1725 (Ch)

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Contract construction – adjective at the start of a list found to qualify the entire list

Published on 17 Oct 2024.

Cantor Fitzgerald & Co v Yes Bank Ltd [2024] EWCA Civ 695

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Updated CAP guidance on when in-game purchases are considered 'advertising'

Published on 17 Oct 2024. By Oliver Bray, Senior Partner

When and how does the CAP Code apply to the advertising of in-game purchases such as "loot boxes" in apps and video games?

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ASA continues to scrutinise aviation green claims

Published on 17 Oct 2024. By Oliver Bray, Senior Partner

What can we learn from the Advertising Standards Authority's (ASA) recent rulings against green claims in the aviation industry?

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ASA rules on impact of historic environmental performance on green claims

Published on 17 Oct 2024. By Oliver Bray, Senior Partner

How does the Advertising Standards Authority (ASA) say about poor historic environmental behaviour in respect of green claims?

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IAB Europe's 12 guiding principles for the 2024-2029 EU legal agenda

Published on 17 Oct 2024.

What principles will guide IAB Europe in the upcoming EU legal agenda?

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ASA rules that ad is not sufficient where influencers also have business interests

Published on 17 Oct 2024.

Why could Zoe and Huel not rely on a #ad disclosure in ads promoted by the famous entrepreneur, Steven Bartlett? And what does this mean for brands where the individual featured in their ads has a business interest in them?

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Heating and insulation green claims under CMA review

Published on 17 Oct 2024. By Oliver Bray, Senior Partner

What is the Competition and Markets Authority's (CMA) new guidance on the marketing of heating and insulation products and how does this fit into the wider consumer protection picture?

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Snapshots Summer 2024

Published on 01 Aug 2024. By Oliver Bray, Senior Partner and David Cran, Partner, Head of IP & Tech

A roundup of key legal developments for the modern commercial lawyer.

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New Development: National Cyber Security Centre warns AI is likely to heighten global ransomware threat

Published on 17 Apr 2024. By Oliver Bray, Senior Partner and David Cran, Partner, Head of IP & Tech

The National Cyber Security Centre (NCSC), part of GCQH, has published a report on the “near-term impact of AI on the cyber threat” over the next two years, which concludes that: (i) AI is already being used in cyber activity in a malicious way; and (ii) the volume of cyber attacks and the global ransomware threat are likely to be heightened over the next two years.

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UK Government publishes response to AI White Paper consultation

Published on 17 Apr 2024. By Oliver Bray, Senior Partner and David Cran, Partner, Head of IP & Tech

What approach has the UK Government’s adopted in its response to the consultation on the AI regulation White Paper (the White Paper)?

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What the AI is going on… December 2023 to March 2024

Published on 17 Apr 2024. By Oliver Bray, Senior Partner and David Cran, Partner, Head of IP & Tech

Google launched its newest GenAI, Gemini Nano. Designed specifically for mobile phones it presents new competition to market leaders OpenAI. Gemini Nano will allow AI apps that operate offline as opposed to only on servers and provide improved privacy for users.

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Court of Appeal holds Samsung liable for trade mark infringement by third-party apps

Published on 17 Apr 2024. By Oliver Bray, Senior Partner and David Cran, Partner, Head of IP & Tech

Can online platforms be liable for trademark infringement by third-party apps?

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UK Supreme Court rejects AI as “inventor” under the Patents Act

Published on 17 Apr 2024. By Oliver Bray, Senior Partner and David Cran, Partner, Head of IP & Tech

What is the scope and meaning of “inventor” in the UK’s patent framework, and will it accept an AI machine as being the sole inventor?

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Snapshots Spring 2024

Published on 17 Apr 2024. By Oliver Bray, Senior Partner and David Cran, Partner, Head of IP & Tech

A roundup of key legal developments for the modern commercial lawyer.

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The new EU Digital Operational Resilience Act (DORA)

Published on 17 Apr 2024. By Oliver Bray, Senior Partner and David Cran, Partner, Head of IP & Tech

What can financial services entities and ICT providers expect from DORA and what do they need to do prepare for it?

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