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News, Articles & Events: July 2023

Intellectual property (IP); including patents, trade marks, copyrights, and other forms of creative and innovative works, is one of the most valuable assets a company can possess. Protecting your Intellectual Property is vital to maintaining your company’s competitiveness, market position, and reputation. Failing to accurately protect your assets can result in disputes which could lead […]

The Durham Company Limited (trading as Max Recycle) v Durham County Council [2023] CAT 50 Why is this case important? This case is important as the first Competition Appeal Tribunal (CAT) decision to consider the Subsidy Control Act 2022 and demonstrates how the Subsidy Control Act 2022 (whether intended or not) departs from State Aid, […]

In Garcha-Singh v British Airways Plc, the EAT considered whether it was unfair for an employer to decide to terminate employment of an employee, but then postpone the effect of its decision on several occasions. Overview of the Garcha-Singh v British Airways Plc case The Claimant was a member of BA cabin crew and the […]

From 2003, Regulation 7 of the Conduct of Employment Agencies and Employment Businesses Regulations 2003 prevented employment businesses from providing temporary agency workers to replace individuals taking part in official industrial action. In July 2022, with industrial action making headlines in the UK, the Government announced that Regulation 7 would be revoked, which enabled employers […]

The Employment Relations (Flexible Working) Act 2023 (the “Act”) has successfully passed through parliament, receiving Royal Assent on 20 July 2023. The Act was introduced in response to the rapid change in working habits brought about by the COVID-19 outbreak, which included a large portion of employees in the UK having to work from home. […]

As many will be aware, we are awaiting a new set of Procurement Regulations which, following Brexit, is stated by the Government to “Help deliver the Prime Minister’s promise to grow the economy by creating a simpler and more transparent system that will deliver better value for money, reducing costs for business and the public […]

We recently attended and Partner, Stephen Pearson spoke at the Association of University Legal Practitioners conference (AULP) at Newcastle. Universities and other Public Bodies such as Local Authorities shared a lot of features although they are not the same. For example the Public Procurement and Subsidy Control Regime apply to both, although historically some have […]

The ICO are to prioritise complaints made against public authorities under the Freedom of Information Act 2000 (FOIA) and Environmental Information Regulations 2004 (EIRs), which have a significant public interest following their consultation on prioritisation in November 2022. The decision was announced at the end of March 2023 following the consultation in November, where the […]

Kirstin Roberts, Director, Freeths Clean Energy, Waste & Sustainability team, recently attended a day at CIWM Resourcing the Future and was lucky enough to chair the Workshop on “Consistency: Looking at the Procurement Challenge: What procurement challenges will be posed to Local Authorities when consistent collections are rolled out?” Whenever public sector bodies let contracts […]

R (on the application of Day) v Shropshire Council case In this case, the Supreme Court ruled that a buyer who had acquired land for development from Shrewsbury Town Council had acquired it subject to statutory trusts imposed by the Open Spaces Act 1906. The Council had failed to adhere to the disposal procedure relating […]

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