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Thinking - Blog

Invest in due diligence for dubious schemes

Published on 26 Aug 2020.

The SRA provides updated guidance for firms to avoid becoming involved in dubious investment schemes.

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Thinking - Blog

Reflective loss in claims against solicitors and accountants after Marex

Published on 14 Aug 2020. By Nick Bird, Partner and Laura Stocks, Partner

The so called "rule against reflective loss" has been clarified in an important decision handed down by the Supreme Court in Marex Financial Ltd v Sevilleja [2020] UKSC 31.

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Thinking - Blog

Where there's a will there's a remote possibility of a way

Published on 03 Aug 2020. By Simon Love, Senior Associate and Will Sefton, Partner, Head of the Lawyers Liability and Regulatory Group

In the face of the global COVID-19 pandemic the government has acted to change the law to allow wills to be witnessed remotely.

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Thinking - Blog

Is more co-operation the new normal?

Published on 07 Jul 2020. By Jonathan Wyles, Of Counsel

What keeps you as a lawyer awake at night during the coronavirus pandemic? The list is likely to be very long and the fear of making a mistake will be close to the top. Help may come from some unexpected quarters such as the Courts.

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Thinking - Blog

Relief from sanction: claimant being forced to pursue his solicitors for negligence is not desirable

Published on 23 Jun 2020. By Aimee Talbot, Knowledge Lawyer and Will Sefton, Partner, Head of the Lawyers Liability and Regulatory Group

A recent High Court decision demonstrates a common-sense, realistic approach to relief from sanctions. Solicitors might have become used to judges, when striking claims out, reassuring the claimant that they can always sue their solicitors for negligence. In a welcome judgment, Mr Justice Fancourt reversed a decision to refuse relief from sanction.

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Thinking - Blog

The Solicitors Disciplinary Tribunal: new rules, new game?

Published on 05 May 2020. By Graham Reid, Partner

There are few things that strike fear into the heart of a solicitor more than the prospect of being sent to the Solicitors Disciplinary Tribunal. This article looks at its new rules of procedure.

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Thinking - Publication

COVID-19: The suspension of wrongful trading provisions and a moratorium for businesses in restructuring: what is the likely impact on Insurers?

Published on 27 Apr 2020.

On 28 March 2020 the Business Secretary announced further new far-reaching measures to help businesses combat the financial impact of COVID-19.

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Thinking - Blog

Judicial guidance on listing of hearings remotely

Published on 22 Apr 2020. By Rhian Howell, Partner & Head of Bristol Office and Aimee Talbot, Knowledge Lawyer

Senior judges have issued guidance to the judiciary on listing hearings in light of the current coronavirus situation. This gives litigants some clues as to how the court will approach upcoming hearings.

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Thinking - Blog

Disciplinary investigations against architects #4 - investigations panel stage

Published on 14 Apr 2020. By Sarah O'Callaghan, Senior Associate

Further to our previous three articles which provided (1) an overview of the Architect Registration Board's disciplinary process and (2) a review of the complaints stage (3) the review stage, this article explains the next stage of a disciplinary investigation against an Architect: the investigations panel stage.

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Thinking - Publication

Insurance broker E&O exposures: COVID-19

Published on 26 Mar 2020.

As insurers brace themselves for large volumes of notifications across all lines of business relating to Coronavirus disease 2019 (COVID-19) we expect to see a second wave of E&O notifications by insurance brokers when policyholders (businesses and individuals) find themselves without adequate cover for losses relating to the pandemic. Some insurers are already seeing a spike in such notifications.

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Thinking - Blog

Lost chances à la Moda

Published on 04 Jun 2019. By Graham Reid, Partner and Nick Bird, Partner

Lost chance case-law has come a long way since the ground-breaking decision in Allied Maples. One of its more interesting offshoots is the case of Moda International Brands Ltd v Gateley LLP & Anor. Moda is required reading for any firm of solicitors who wants to defend a lost chance claim arising from its transactional work for a claimant.

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Thinking - Blog

A level playing Field?

Published on 31 Aug 2017. By David Allinson, Partner

Frank Field's Work and Pensions Select Committee is intending to review the impartiality of defined benefit pension transfer advice. What could this mean for the advisory industry and its PI insurers?

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Thinking - Blog

Financial Services: Minimising Risk in a Dawn of Opportunity

Published on 12 Nov 2014. By Simon Laird, Partner, Insurance Sector Lead

Over the last few years, firms have been asking themselves how they will make money in the post RDR world.

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Thinking - Blog

FCA approves 'independent' use of internal specialist advisers

Published on 17 Oct 2014. By Sarah Dowding, Senior Associate

Ever since RDR 'independence' rules were introduced nearly two years ago, financial advisers have sought clarification on referring clients to internal specialists within their firm for expert advice.

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Profile
Thinking - Podcast

Carers Week Special (Part 2): Intersectional nuances, wellbeing and creating carer-friendly workplaces, with Rachel Pears and Zahra Lakhan-Bunbury

Published on 25 Jun 2025.

Welcome to The Work Couch, the podcast where we discuss all things employment.

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Thinking - Blog

Hong Kong’s New 468 Rule for Continuous Employment

Published on 23 Jun 2025. By Andrea Randall, Partner and Courtney So, Associate

On 18 June 2025, LegCo passed the Employment (Amendment) Bill 2025 (the "Bill"). The Bill revises the working hours threshold for determining continuous employment and makes it easier for employees to enjoy the employment protection available under the Employment Ordinance (Cap. 57). The revised continuous contract requirement will take effect from 18 January 2026.

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Thinking - Podcast

Carers Week Special (Part 1): Lived experiences, the law and the role of employers, with Rachel Pears and Zahra Lakhan-Bunbury

Published on 11 Jun 2025.

Welcome to The Work Couch, the podcast where we discuss all things employment.

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Thinking - Podcast

Supreme Court ruling on the definition of "sex": What does this mean for employers? with Patrick Brodie and Kelly Thomson

Published on 04 Jun 2025.

Welcome to The Work Couch, the podcast series where we explore how your business can navigate today's tricky people challenges and respond to key developments in the ever-evolving world of employment law.

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Thinking - Blog

The European Accessibility Act: Creating a more inclusive consumer experience

Published on 29 May 2025. By Oliver Bray, Senior Partner, Technology, Media & Telecoms Sector Lead and Hettie Homewood , Senior Associate

With less than 1 month to go until the requirements of the EU Accessibility Act (the EAA) come into full force and effect, retailers, consumer brands and hospitality providers should ensure they are ready for the changes.

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Thinking - Podcast

The Work Couch: Navigating trauma in the legal world (Part 2), with Rebecca Norris and Camilla Wells: Implementing a trauma-informed work culture

Published on 28 May 2025.

Welcome to The Work Couch, the podcast where we discuss all things employment.

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Thinking - Podcast

The Work Couch: Navigating trauma in the legal world (Part 1), with Rebecca Norris and Camilla Wells: Spotting the signs and understanding the science

Published on 14 May 2025.

Welcome to The Work Couch, the podcast where we discuss all things employment.

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Thinking - Snapshot

“Ronan’s Law” to impact retailer and online platform liability for knife sales

Published on 09 May 2025. By Oliver Bray, Senior Partner, Technology, Media & Telecoms Sector Lead and David Cran, Partner, Head of Disputes

How will the UK’s proposal to crack down on the online sale of knives impact retailers?

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Thinking - Snapshot

EU “ecodesign” product regulation lands, together with new digital product passport

Published on 09 May 2025. By Oliver Bray, Senior Partner, Technology, Media & Telecoms Sector Lead and David Cran, Partner, Head of Disputes

What does the EU’s new regulation on ecodesign and sustainability mean for products and those who manufacture, import, deal and distribute them?

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Thinking - Snapshot

EU proposals to make online marketplaces liable for unsafe or illegal goods and collection of taxes

Published on 09 May 2025. By Oliver Bray, Senior Partner, Technology, Media & Telecoms Sector Lead and David Cran, Partner, Head of Disputes

How concerned should online marketplaces be about new EU rules on e-commerce imports?

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Thinking - Snapshot

EU Online Dispute Regulation Platform discontinued!

Published on 09 May 2025. By Oliver Bray, Senior Partner, Technology, Media & Telecoms Sector Lead and David Cran, Partner, Head of Disputes

The EU Online Dispute Resolution Platform (ODR Platform) was set up in 2016 under the Regulation (EU) No 524/2013 (Regulation), as an alternative route to court for disputes arising from online sales or service contracts

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Thinking - Snapshot

CJEU considering liability of App Store providers for unlawful loot boxes

Published on 09 May 2025. By Oliver Bray, Senior Partner, Technology, Media & Telecoms Sector Lead and David Cran, Partner, Head of Disputes

Should intermediary service providers (eg app stores) be held liable for the supply of games containing unlawful loot boxes to consumers in breach of local gambling legislation?

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Thinking - Snapshot

CMA guidance on unfair commercial practices under the DMCCA

Published on 09 May 2025. By Oliver Bray, Senior Partner, Technology, Media & Telecoms Sector Lead and David Cran, Partner, Head of Disputes

What practical guidance is given by the CMA on unfair commercial practices under the Digital Markets, Competition and Consumers Act 2024 (DMCCA)?

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Thinking - Snapshot

CMA’s enforcement road map for the new DMCCA plus consumer protection priorities

Published on 09 May 2025. By Oliver Bray, Senior Partner, Technology, Media & Telecoms Sector Lead and David Cran, Partner, Head of Disputes

Where will the CMA focus its new enforcement powers under the Digital Markets, Competition and Consumer Act 2024 (DMCCA)? And what are the CMA’s consumer protection priorities?

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Thinking - Blog

Ten years of the Modern Slavery Act: renewed focus on business responsibility

Published on 08 May 2025. By Patrick Brodie, Patrick Brodie, Partner, Head of Employment, Engagement & Equality and Eve Matthews, Associate

On 24 March 2025, the Home Office published its updated Transparency in Supply Chains (TISC) guidance, offering detailed recommendations to assist organisations in complying with their obligations under Section 54 of the Modern Slavery Act 2015.

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Thinking - Blog

Neonatal Care Leave: What do employers need to know?

Published on 07 May 2025. By Kim Wright, Senior Associate and Joanna Holford, Senior Associate and Brodie Walker, Trainee Solicitor

On 6 April 2025, the long-awaited new statutory right to neonatal care leave came into effect in England, Wales and Scotland. The new right provides employees with up to 12 weeks' leave if their babies spend an extended period in neonatal care.

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Thinking - Podcast

The Work Couch: Neonatal care leave (Part 2): Managing the process and supporting employees, with Joanna Holford and Catriona Ogilvy

Published on 16 Apr 2025.

Welcome to The Work Couch, the podcast where we discuss all things employment.

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Thinking - Podcast

The Work Couch: Neonatal care leave (Part 1): What is the new right, who is eligible, and does the law go far enough? With Joanna Holford and Catriona Ogilvy

Published on 02 Apr 2025.

Welcome to The Work Couch, the podcast where we discuss all things employment.

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Thinking - Publication

What if the CEO asks me about… our exposure to packaging fees under EPR?

Published on 01 Apr 2025. By Sophie Tuson, Senior Associate, Environment and Climate Change Practice Lead and Ciara Cullen, Partner, Retail & Consumer Sector Lead and Harpreet Kaur, Associate

The Producer Responsibility Obligations (Packaging and Packaging Waste) (EPR) Regulations 2024 (EPR Regulations) came into force on 1 January 2025. They will affect most businesses that supply packaging in the UK, particularly brand owners of branded packaged products, and those who import branded products into the UK from overseas.

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Thinking - Publication

What if the CEO asks me about… the EU's Omnibus Directive?

Published on 19 Mar 2025. By Sophie Tuson, Senior Associate, Environment and Climate Change Practice Lead and Rosamund Akayan, Knowledge Lawyer and Connor Cahalane, Partner - Corporate and Thomas Jenkins, Of Counsel and Kelly Thomson, Partner, ESG Strategy Lead

On 26 February 2025, the EU Commission published its proposed Omnibus Directive, aiming to simplify EU rules, boost competitiveness and reduce the perceived regulatory burden on businesses, particularly SMEs. Here, we break down the key takeaways for busy in-house teams and discuss what we can expect next from the EU Parliament and Council.

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Thinking - Podcast

The Work Couch: What to expect at an employment tribunal: appearing as a witness, with Kim Wright and Joseph England

Published on 19 Mar 2025.

Welcome to The Work Couch, the podcast where we discuss all things employment.

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Thinking - Blog

Employment Rights Bill: 10 key amendments explained

Published on 13 Mar 2025. By Patrick Brodie, Patrick Brodie, Partner, Head of Employment, Engagement & Equality and Kelly Thomson, Partner, ESG Strategy Lead and Ellie Gelder, Senior Editor Employment & Equality

On 5 March 2025, the government published a 200 page amendment paper containing a wide range of amendments to the draft Employment Rights Bill (the Bill). A number of the amendments follow the government's response to various consultations on some of the most significant proposed reforms. We highlight 10 of the key amendments and what they mean for employers.

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Thinking - Podcast

The Work Couch: Data protection and HR-related challenges (Part 2), with Jon Bartley and Helen Yost

Published on 05 Mar 2025.

Welcome to The Work Couch, the podcast where we discuss all things employment.

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Thinking - Blog

Six steps to AI Literacy (whether legally required to or not)

Published on 27 Feb 2025. By Paul Joukador, Partner and Praveeta Thayalan, Knowledge Lawyer

At the beginning of February 2025, the AI literacy requirement under the EU AI Act came into force. The effect of this is that certain businesses must take measures to ensure a sufficient level of AI literacy in their staff.

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Thinking - Podcast

The Work Couch: Preventing sexual harassment - is your business compliant?

Published on 19 Feb 2025.

Welcome to The Work Couch, the podcast where we discuss all things employment.

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Thinking - Podcast

The Work Couch: Data protection and HR-related challenges (Part 1), with Jon Bartley and Helen Yost

Published on 05 Feb 2025.

Welcome to The Work Couch, the podcast where we discuss all things employment.

Read more
Thinking - Blog

What impact will the Employment Rights Bill have on the hospitality sector?

Published on 03 Feb 2025. By Patrick Brodie, Patrick Brodie, Partner, Head of Employment, Engagement & Equality and Kelly Thomson, Partner, ESG Strategy Lead and Ellie Gelder, Senior Editor Employment & Equality

The Employment Rights Bill (the Bill) - championed as "the biggest upgrade to workers' rights in a generation" - introduces 28 individual employment law reforms. The key changes of relevance to the hospitality sector include the implementation of "day one" rights, including unfair dismissal protection, and the end of zero-hour contracts.

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Thinking - Podcast

The Work Couch: What's on the horizon for employment law in 2025?

Published on 22 Jan 2025.

Welcome to The Work Couch, the podcast series where we explore how your business can navigate today's tricky people challenges and respond to key developments in the ever-evolving world of employment law.

Read more
Thinking - Snapshot

CMA investigates Ticketmaster for dynamic pricing of Oasis tickets

Published on 10 Dec 2024. By Oliver Bray, Senior Partner, Technology, Media & Telecoms Sector Lead and David Cran, Partner, Head of Disputes

Can dynamic pricing breach consumer protection rules?

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Thinking - Snapshot

European consumer body challenges in-game premium currencies

Published on 10 Dec 2024. By Oliver Bray, Senior Partner, Technology, Media & Telecoms Sector Lead and David Cran, Partner, Head of Disputes and Gowri Chandrashekar, Senior Associate

When does the use of in-app and in-game premium currencies pose consumer regulatory issues? Does this consumer complaint herald a tightening by the EU on revenue streams for game and app developers and platforms?

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Thinking - Snapshot

CMA publishes guidance for fashion retailers on environmental claims

Published on 10 Dec 2024. By Oliver Bray, Senior Partner, Technology, Media & Telecoms Sector Lead and David Cran, Partner, Head of Disputes

How best can fashion retailers protect themselves from regulatory action when making green claims?

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Thinking - Snapshot

CJEU rules on pricing display strategies of Aldi Süd

Published on 10 Dec 2024. By Oliver Bray, Senior Partner, Technology, Media & Telecoms Sector Lead and David Cran, Partner, Head of Disputes

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Thinking - Snapshot

UK pricing practices in the spotlight

Published on 10 Dec 2024. By Oliver Bray, Senior Partner, Technology, Media & Telecoms Sector Lead and David Cran, Partner, Head of Disputes

What should businesses take note of recent amendments to the UK’s Price Marking Order and the CMA’s newly published report on loyalty pricing?

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Thinking - Snapshot

News Flash: Timeline for the Digital Markets, Competition and Consumers Act

Published on 10 Dec 2024. By Oliver Bray, Senior Partner, Technology, Media & Telecoms Sector Lead and David Cran, Partner, Head of Disputes

On 24 May 2024, the UK’s Digital Markets, Competition and Consumers Act (DMCCA) received Royal Assent.

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