Clarkslegal LLP - Solicitors in Reading and London

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Oct
02
2015

How do you deal with copyright to your software if you have no contract with the developer commissioned to create it?
#Commercial

Imagine you had a genius idea for a computer software programme, like an app (more officially known as an application!), and then commissioned a developer to create a software programme. For one reason or another, the ownership of the copyright (generally the main intellectual property right to software) comes into question, and you have to determine who owns it. Before we move any further, we should probably explain that copyright aims to protect the form of expression of your idea (in this case, the software) and not your idea, per se. ...

Oct
02
2015

Public sector pay in the spotlight
#Employment #Public Sector

There’s been a lot discussion in the news this week about public sector pay, with a particular focus on the NHS....

Oct
02
2015

October changes - 5 points for employers to consider
#Employment

On 1 October 2015, further provisions of the Deregulation Act 2015 (“Act”) were put into place....

Sep
29
2015

Brokers’ duties in the context of the Insurance Act 2015, Jones v Environcom and Eurokey v Giles
#Construction

With the Insurance Bill 2015 being granted royal assent earlier this year, the insurance industry has been scrambling to ensure it is well-prepared for the changes that will occur in UK insurance contract law, especially since it is to replace the 109-year-old Marine Insurance Act 1906. The Insurance Act will come into force in August 2016....

Sep
28
2015

Contracting authorities: check your specifications
#Public Procurement #Outsourcing & Supply Chain

A recent case before the European Court of Justice has underlined the need for contracting authorities to carefully check contract specifications before publishing tenders....

Sep
25
2015

£184,000 unpaid wages award in first caste discrimination case
#Employment

Permila Tirkey has been awarded almost £184,000 in unpaid wages from her former employers after a landmark case in which her caste was taken into consideration as part of her race discrimination complaint....

Sep
25
2015

Immigration skills charge for UK employers
#Immigration

The recently published Immigration Bill, coming less than a year after the Immigration Act 2014 took effect, builds on the Conservative Government’s objective to make Britain a more hostile environment for undocumented migrants....

Sep
18
2015

Discrimination arising from disability - knowledge and justification key
#Employment

Employers should sit up and take note of the recent decision in Hall v Chief Constable of West Yorkshire Police, which involved a claim of discrimination arising from disability. ...

Sep
18
2015

Working Time Security for Mobile Workers
#Employment

According to the European Court of Justice, in a case against the Security and Fire Company, Tyco, mobile employees who do not have a fixed place of work should be treated as being on working time from the moment they leave home and travel to their first work assignment and then, at the other end of the day, when they leave their last appointment and travel back home...

Sep
17
2015

Clarkslegal's Corporate Team Acts for Fast Growing RIM Company
#Clarkslegal #Corporate

Clarkslegal Acts for EU Company, OASIS, in its Recent Acquisitions of Three UK-Based Data Storage Businesses....

Sep
15
2015

Update on the Public Contracts Regulations 2015
#Public Procurement

On 26th February 2015 the Public Contracts Regulations 2015 (SI 2015/102) (“the Regulations”) were published. They implemented the EU Public Sector Procurement Directive 2014/24/EU which was brought in with the intention of simplifying the existing regime, providing additional flexibility for contracting authorities, and codifying recent European case law. ...

Sep
14
2015

Changes to section 21 notices
#Dispute Resolution

Residential landlords need to be aware of the changes to section 21 notices which are coming into force from 1 October 2015....

Sep
11
2015

Fit for Work scheme now available to employers
#Employment

The Fit for Work scheme has this week been made available to employers in England and Wales, completing a national roll-out which began in April. This provides occupational health support and advice for GPs, employers, and employees and aims to reduce long term sickness absence....

Sep
11
2015

National Living Wage already impacting businesses
#Employment

The national living wage has already started to influence the way businesses are behaving....

Sep
10
2015

HR improper influence on outcome can make dismissal unfair
#Employment

Human Resources’ departments are often asked to provide advice and guidance on disciplinary matters, however, a recent case from the Employment Appeal Tribunal (EAT) has warned of the risk of overstepping the mark and applying ‘improper’ influence. ...

Sep
08
2015

Get Maximum Value from your Contract Negotiations (and legal expenses)
#Construction

Clients regularly ask us to review and comment on proposed contract terms, which reviews often result in a schedule of comments and suggested amendments, to which the client will refer in contract negotiations....

Sep
07
2015

Have the Rules on Limitation and Exclusion of Liability now changed?
#Commercial

In many of the contracts that we put together for clients, one party (or both) may try to limit their liability for losses suffered as a result of breach of that contract. Where those contracts are individually negotiated and assess the risk open to each party, the Court will rarely intervene. ...

Sep
07
2015

Application of property rates to two separate floors of a building
#Real Estate

The Supreme Court has held that two floors within the same building that do not immediately adjoin each other will be rated separately rather than as a single hereditament in Woolway v Mazars [2015]....

Sep
04
2015

Refugee crisis: the hard facts
#Immigration

The shocking images of the Syrian toddler Aylan Kurdi, washed up on a Turkish beach this week have spawned social media campaigns such as “refugees welcome” and provoked many calls for action....

Sep
04
2015

Scottish government plans to abolish employment tribunal fees
#Employment

The Scottish government has announced this week plans to scrap employment tribunal fees north of the border, using new powers included in the Scotland Bill....

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