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Thinking - Blog

Construction and Engineering Law 2025

Published on 07 Aug 2025. By Alan Stone, Partner and Tom Green, Partner and Arash Rajai, Partner

We are delighted to have contributed once again to ICLG's Construction and Engineering Law guide for 2025. The comprehensive guide delves into the multifaceted world of construction and engineering law, providing an essential reference for understanding and comparing the handling of common legal challenges across various jurisdictions.

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Thinking - Publication

Regulatory Radar: quick takes May 2025

Published on 12 May 2025. By Gavin Reese, Partner, Head of Regulatory

Welcome to the latest edition of our bi-monthly Regulatory Radar: quick takes update, which collates the latest developments from across the UK’s regulators.

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Thinking - Blog

Construction and Engineering Law 2024

Published on 15 Aug 2024. By Tom Green, Partner and Arash Rajai, Partner and Alan Stone, Partner and Jonathan Carrington, Senior Associate

We are delighted to have contributed once again to ICLG's Construction and Engineering Law guide for 2024. The comprehensive guide delves into the multifaceted world of construction and engineering law, providing an essential reference for understanding and comparing the handling of common legal challenges across various jurisdictions.

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Thinking - Blog

Ginfringement: Success for M&S in the Court of Appeal in registered design spat with Aldi

Published on 15 Mar 2024. By Rory Graham, Associate and Georgia Davis, Of Counsel

M&S and Aldi's gin bottle battle over design rights has reached a conclusion (for now) as the Court of Appeal has unanimously upheld the IPEC's decision that Aldi's bottle infringed M&S' design.

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Thinking - Blog

Clear as gin: M&S and Aldi take liquor bottle battle to the Court of Appeal

Published on 26 Jan 2024. By Rory Graham, Associate and Georgia Davis, Of Counsel

Intellectual property enthusiasts' favourite supermarket adversaries were back at loggerheads this week as M&S and Aldi appear before the Court of Appeal. The pair sought to thrash out a first instance decision handed down in the Intellectual Property Enterprise Court (IPEC) regarding alleged infringement of M&S' registered design rights in a gin bottle.

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Thinking - Blog

M&S v Aldi – lookalike claims lit up by design rights

Published on 24 Mar 2023. By Ciara Cullen, Partner, Consumer Brands & Retail Sector Lead and Harpreet Kaur, Associate and Jack McAlone, Associate

As lookalike products rise in prominence, the Intellectual Property Enterprise Court's (IPEC) recent ruling that the sale and advertisement of Aldi's 'Infusionist' range of favoured gins infringed M&S's UK registered designs protecting the light-up bottles containing its 'Snow Globe' gin range (Marks and Spencer PLC v Aldi Stores Limited [2023] EWHC 178) highlights the utility of registered design rights in circumstances where other intellectual property rights (IPR) are often less able to provide protection.

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Thinking - Blog

Lookalikes and passing off—bottle design get-up claim (Au Vodka)

Published on 07 Nov 2022. By Ciara Cullen, Partner, Consumer Brands & Retail Sector Lead and Sarah Mountain, Partner and Samuel Coppard, Senior Associate

Currently there's significant activity in the lookalikes space. The Au Vodka claim (Au Vodka v NE10 Vodka [2022] EWHC 2371), which focuses on bottle design 'get-up', arrived in the courts for an interim injunction hearing in September 2022. Au Vodka's application was dismissed. The judgment shows that passing off—get-up claims based on shape can be challenging to bring, particularly at the interim stage, and prompts the question of whether it's possible to bring Cofemel and copyright into the lookalikes arena.

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Thinking - Blog

Gin-uine use? The UKIPO concludes yes, despite limited evidence and variances between the trade mark as registered and as used

Published on 29 Mar 2022. By Ciara Cullen, Partner, Consumer Brands & Retail Sector Lead and Sarah Mountain, Partner

The UK Intellectual Property Office (UKIPO) has rejected an application by Inver House Distillers for the revocation of a competitor's trade mark. The mark in question is owned by Destileras M.G., S.L and Importaciones y Exportaciones Varma, S.A (the Proprietors) and consists of a 2D image of a distinctively shaped bottle, featuring the 'Master's logo' and a lion device (the Master's Mark). The decision was reached on the basis that the Proprietors had successfully demonstrated genuine use of their mark, in the UK.

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Thinking - Blog

William Grant & Sons v Lidl: where to be-gin?

Published on 16 Jun 2021. By Ciara Cullen, Partner, Consumer Brands & Retail Sector Lead and Ben Mark, Partner and Sarah Mountain, Partner

On 25 May 2021, the Scottish Court of Session (SCOS) granted an interim interdict (akin to an interim injunction), which prevents Lidl from selling its own brand 'Hampstead gin' in Scottish stores, pending the outcome of the matter at trial.

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Thinking - Blog

William Grant & Sons v Lidl: where to be-gin?

Published on 16 Jun 2021. By Ciara Cullen, Partner, Consumer Brands & Retail Sector Lead and Ben Mark, Partner and Sarah Mountain, Partner

On 25 May 2021, the Scottish Court of Session (SCOS) granted an interim interdict (akin to an interim injunction), which prevents Lidl from selling its own brand 'Hampstead gin' in Scottish stores, pending the outcome of the matter at trial.

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Thinking - Blog

Philip Warren & Son v Lidl – No case of mi-steak-en identity

Published on 25 May 2021. By Ben Mark, Partner and Ciara Cullen, Partner, Consumer Brands & Retail Sector Lead

The High Court has dismissed a passing off claim brought by Philip Warren & Son Limited (PWS) against well-known supermarket, Lidl. The decision ultimately turned on the fact that PWS presented "insufficient evidence of a significant level of operative misrepresentation to any category of PWS' customers".

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Thinking - Blog

'Nosecco' is a no-no, says the High Court

Published on 01 Jul 2020. By Ciara Cullen, Partner, Consumer Brands & Retail Sector Lead and Sarah Mountain, Partner

In recent years, health and wellbeing has been big business in the UK. The COVID-19 outbreak has only further stoked the desire to obtain and maintain healthy minds and bodies and the trend looks set to continue, across the retail sector.

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Thinking - Blog

Thaler v Comptroller [2023] UKSC 49: the UKSC rules that AI cannot be an 'inventor'

Published on 10 Jan 2024.

To the surprise of no one, the UK Supreme Court (UKSC) has finally ruled that an artificial intelligence (AI) cannot be an inventor for the purposes of UK patent law. This judgment accords with the decisions of the lower courts in the UK and the initial ruling of the UKIPO. It also reflects similar findings from most of courts around the world where the claimant, Dr Thaler, brought similar actions.

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Thinking - Blog

Generative AI and intellectual property rights—the UK government's position

Published on 03 May 2023. By Helen Armstrong, Partner and Jani Ihalainen, Associate and Joshy Thomas, Senior Knowledge Lawyer

The IPO is to produce a code of practice by the summer that will provide guidance to support AI firms in accessing copyright protected works as an input to their models.

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Thinking - Publication

PLC QTRLY - Q2 2025

Published on 24 Jul 2025. By Connor Cahalane, Partner - Corporate and James Channo, Partner and Karen Hendy, Partner, Head of Corporate & Commercial

This is our Q2 2025 quarterly update to help our listed company clients and other market participants keep up to date with key developments relevant to issuers on the Main Market and AIM market of the London Stock Exchange.

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Thinking - Publication

PLC QTRLY - Q1 2025

Published on 29 Apr 2025. By Connor Cahalane, Partner - Corporate and James Channo, Partner and Karen Hendy, Partner, Head of Corporate & Commercial

This is our Q1 2025 quarterly update to help our listed company clients and other market participants keep up to date with key developments relevant to issuers on the Main Market and AIM market of the London Stock Exchange.

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Thinking - Publication

PLC QTRLY - Q4 2024

Published on 23 Jan 2025. By Connor Cahalane, Partner - Corporate and James Channo, Partner and Karen Hendy, Partner, Head of Corporate & Commercial

This is our Q4 2024 quarterly update to help our listed company clients and other market participants keep up to date with key developments relevant to issuers on the Main Market and AIM market of the London Stock Exchange.

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Thinking - Publication

PLC QTRLY - Q3 2024

Published on 15 Oct 2024. By Connor Cahalane, Partner - Corporate and James Channo, Partner and Karen Hendy, Partner, Head of Corporate & Commercial

This is our Q3 2024 quarterly update to help our listed company clients and other market participants keep up to date with key developments relevant to issuers on the Main Market and AIM market of the London Stock Exchange.

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Thinking - Publication

PLC QTRLY - Q2 2024

Published on 31 Jul 2024. By Connor Cahalane, Partner - Corporate and James Channo, Partner and Karen Hendy, Partner, Head of Corporate & Commercial

This is our regular quarterly update to help our listed company clients and other market participants keep up to date with key developments relevant to issuers on the Main Market and AIM market of the London Stock Exchange.

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Thinking - Publication

PLC QTRLY - Q1 2024

Published on 17 Apr 2024. By Connor Cahalane, Partner - Corporate and James Channo, Partner and Karen Hendy, Partner, Head of Corporate & Commercial

This is our regular quarterly update to help our listed company clients and other market participants keep up to date with key developments relevant to issuers on the Main Market and AIM market of the London Stock Exchange.

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Thinking - Publication

PLC QTRLY - Q4 2023

Published on 05 Feb 2024. By Connor Cahalane, Partner - Corporate and James Channo, Partner and Karen Hendy, Partner, Head of Corporate & Commercial

This is our regular quarterly update to help our listed company clients and other market participants keep up to date with key developments relevant to issuers on the Main Market and AIM market of the London Stock Exchange.

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Thinking - Publication

PLC QTRLY - Q3 2023

Published on 12 Oct 2023. By Connor Cahalane, Partner - Corporate and James Channo, Partner and Karen Hendy, Partner, Head of Corporate & Commercial

This is our regular quarterly update to help our listed company clients and other market participants keep up to date with key developments relevant to issuers on the Main Market and AIM market of the London Stock Exchange.

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Thinking - Publication

PLC QTRLY - Q2 2023

Published on 14 Jul 2023. By Connor Cahalane, Partner - Corporate and Karen Hendy, Partner, Head of Corporate & Commercial and Rosamund Akayan, Senior Knowledge Lawyer

This is our Q2 2023 quarterly update to help our listed company clients and other market participants keep up to date with key developments relevant to issuers on the Main Market and AIM market of the London Stock Exchange.

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Thinking - Publication

PLC QTRLY - Q1 2023

Published on 19 Apr 2023. By Connor Cahalane, Partner - Corporate and Karen Hendy, Partner, Head of Corporate & Commercial and Rosamund Akayan, Senior Knowledge Lawyer

This is our regular quarterly update to help our listed company clients and other market participants keep up to date with key developments relevant to issuers on the Main Market and AIM market of the London Stock Exchange.

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Thinking - Publication

PLC QTRLY - Q4 2022

Published on 02 Feb 2023. By Connor Cahalane, Partner - Corporate and Karen Hendy, Partner, Head of Corporate & Commercial and Rosamund Akayan, Senior Knowledge Lawyer

This is our regular quarterly update to help our listed company clients and other market participants keep up to date with key developments relevant to issuers on the Main Market and AIM market of the London Stock Exchange.

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Thinking - Publication

PLC QTRLY - Q3 2022

Published on 14 Nov 2022. By Connor Cahalane, Partner - Corporate

This is our regular quarterly update to help our listed company clients and other market participants keep up to date with key developments relevant to issuers on the Main Market and AIM market of the London Stock Exchange.

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Thinking - Publication

PLC QTRLY - Q2 2022

Published on 26 Jul 2022. By Connor Cahalane, Partner - Corporate

This is our regular quarterly update to help our listed company clients and other market participants keep up to date with key developments relevant to issuers on the Main Market and AIM market of the London Stock Exchange.

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Thinking - Publication

PLC QTRLY - Q1 2022

Published on 13 Apr 2022. By Connor Cahalane, Partner - Corporate

Post-Covid and post-Brexit changes are on the horizon for the UK's public companies. This is the first of our regular updates to help our listed company clients and other market participants keep up to date with key developments relevant to issuers on the Main Market and AIM market of the London Stock Exchange.

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Thinking - Blog

Supply chain sustainability: new rules, new risks

Published on 05 Aug 2024. By Sophie Tuson, Senior Associate, Environment and Climate Change Practice Lead

On 25 July 2024, the EU's new flagship supply chain law, the Corporate Sustainability and Due Diligence Directive (CSDDD), came into force.

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Thinking - Blog

The November 2023 AI safety summit and the UK's direction of travel

Published on 29 Aug 2023. By Helen Armstrong, Partner and Charles Buckworth, Partner and Joshy Thomas, Senior Knowledge Lawyer

The government has confirmed that the UK AI safety summit will be held at Bletchley Park on 1 and 2 November 2023.

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Thinking - Blog

New developments in AI may put law firms at greater risk of phishing fraud

Published on 28 Apr 2023. By Will Sefton, Partner, Head of the Lawyers Liability and Regulatory Group

As the computing power of Artificial Intelligence continues to grow exponentially, we consider how generative technology may expand the reach of traditional phishing frauds aimed at law firms.

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Thinking - Snapshot

UK Data (Use and Access) Act comes into force

Published on 23 Sep 2025. By Oliver Bray, Senior Partner, Technology, Media & Entertainment Sector Lead

What are the key elements of the UK’s new Data (Use and Access) Act (DUAA)?

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Thinking - Snapshot

ICO publishes new guidance on anonymisation and pseudonymisation

Published on 23 Sep 2025. By Oliver Bray, Senior Partner, Technology, Media & Entertainment Sector Lead

What are the ICO's latest key recommendations for effective anonymisation and pseudonymisation of personal data?

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Thinking - Snapshot

Encryption under scrutiny: what the ICO’s new guidance means for your business

Published on 23 Sep 2025. By Oliver Bray, Senior Partner, Technology, Media & Entertainment Sector Lead

What is the ICO's current thinking around encryption practices where organisations are subject to the UK GDPR?

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Thinking - Snapshot

€530m TikTok fine highlights the importance of effective international data transfer mechanisms

Published on 23 Sep 2025. By Oliver Bray, Senior Partner, Technology, Media & Entertainment Sector Lead

What were the missing compliance elements in TikTok's international data transfers to China and why did these result in such a significant fine?

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Thinking - Snapshot

High Court rules against Sky Betting’s targeted marketing

Published on 10 May 2025. By Oliver Bray, Senior Partner, Technology, Media & Entertainment Sector Lead

What constitutes valid consent under UK data protection law, particularly in the context of targeted marketing to vulnerable individuals?

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Thinking - Snapshot

Status update on the UK’s new Data (Use and Access) Bill

Published on 10 May 2025. By Oliver Bray, Senior Partner, Technology, Media & Entertainment Sector Lead

The UK’s new Data (Use and Access) Bill (DUA Bill) is on its way, but where is it in the legislative process? And what are proving the sticking points?

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Thinking - Snapshot

Developing responsible GenAI – the UK and EU regulatory view

Published on 10 May 2025. By Oliver Bray, Senior Partner, Technology, Media & Entertainment Sector Lead

What is the UK and EU data protection authorities’ view on ensuring responsible generative AI (GenAI) development and deployment?

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Thinking - Snapshot

European Data Protection Board adopts statement on age assurance technologies

Published on 10 May 2025. By Oliver Bray, Senior Partner, Technology, Media & Entertainment Sector Lead

How is the European Data Protection Board (EDPB) proposing to address the benefits and risks of age assurance technologies?

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Thinking - Snapshot

New ICO guidance for “consent or pay” online ads

Published on 10 May 2025. By Oliver Bray, Senior Partner, Technology, Media & Entertainment Sector Lead

What is the view of the UK Information Commissioner’s Office (ICO) on whether “consent or pay” online advertising models are compliant with UK data protection law?

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Thinking - Snapshot

Ethics in the age of AI: new Institute of Directors checklist

Published on 07 Jul 2023. By Oliver Bray, Senior Partner, Technology, Media & Entertainment Sector Lead

What are the key considerations for boards regarding the ethical use of AI within their companies based on the Institute of Directors’ (IoD) Checklist for Boards (Checklist)?

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Thinking - Snapshot

Government White Paper sets out UK approach to AI regulation

Published on 07 Jul 2023. By Oliver Bray, Senior Partner, Technology, Media & Entertainment Sector Lead

How is the UK Government looking to regulate AI?

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Thinking - Snapshot

UK Government sets out proposals for regulation of AI

Published on 10 Oct 2022. By Oliver Bray, Senior Partner, Technology, Media & Entertainment Sector Lead

What are the UK Government’s plans for the future regulation of artificial intelligence (AI)?

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Thinking - Snapshot

ICO launches AI and Data Protection Toolkit

Published on 28 Jul 2022.

How can those engaged in the development of artificial intelligence (AI) systems utilise the Information Commissioner’s Office’s AI and data protection risk toolkit (the Toolkit) to better ensure compliance with data protection legislation?

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Thinking - Snapshot

UK government announces the launch of an AI standards hub

Published on 12 Apr 2022. By Oliver Bray, Senior Partner, Technology, Media & Entertainment Sector Lead

What does the new artificial intelligence (AI) standards hub mean for businesses seeking to develop AI technologies?

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Thinking - Snapshot

UK authorities consider position of AI in preparation for a new Golden Age of Tech

Published on 09 Jun 2021. By Oliver Bray, Senior Partner, Technology, Media & Entertainment Sector Lead

The question: What direction is the UK taking regarding policies on artificial intelligence (AI)?

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Thinking - Blog

A new era for surveyors: RICS launches global standard on responsible use of AI

Published on 17 Sep 2025. By Katharine Cusack, Partner and Cecilia Everett, Partner

The Royal Institution of Chartered Surveyors (RICS) has taken a decisive step into the future, publishing its first global professional standard for the responsible use of artificial intelligence (AI) in surveying. Released on 10 September 2025 and due to take effect from 9 March 2026, this landmark guidance aims to steer surveyors through the rapidly evolving landscape of AI technologies, seeking to balance innovation with accountability.

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Thinking - Blog

Securing electricity for development projects

Published on 14 May 2025. By Arash Rajai, Partner and Claire Wilmann, Senior Associate

Developers are facing significant delays in securing a point of connection, offer from a Distribution Network Operator (DNO), to reserve power on the grid for a new development site. In a challenging market, a development site that might be sold off with planning permission is more marketable if it benefits from reserved power.

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Thinking - Blog

AI in Construction

Published on 16 Jul 2024. By Georgina Haynes, Senior Associate

There is a lot of discussion around Artificial Intelligence ("AI") and its application to industry. We have considered what AI is, the benefits and risks, how it fits into the construction industry, the effect on insurers and what the future holds.

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Thinking - Blog

Construction disciplinary trends analysis #4: inadequate professional services

Published on 08 Sep 2025. By Emma Wherry, Of Counsel and Ben Goodier, Partner and Aimee Talbot, Knowledge Lawyer

This is the fourth article in our series analysing trends in disciplinary decisions involving construction professionals, with insight from our specialist disciplinary team. This time we consider failures to act with skill & care which amount to unacceptable professional conduct and lead to regulatory consequences.

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