Proposed Reforms to Unfair Terms in Consumer Contracts

In March 2013 the Law Commission published an Advice Paper recommending simplification and rationalisation of the law on unfair terms in consumer contracts.

What might this mean in practice for contracts concluded between traders and consumers?

Recent Changes to the DBS System

The Protection of Freedoms Act 2012 introduced a number of changes in relation to criminal record status checks on individuals seeking to work with certain vulnerable sections of society.

Among the key changes introduced was the substitution of Disclosure and Barring Service (DBS) in place of the previously separate Criminal Records Bureau (CRB) and Independent Safeguarding Authority.

The most recent change to be implemented is the introduction of the new DBS Update Service for employers and individuals. It is effectively an online database of up to date employee DBS information that employers can access.

What to Do if HMRC Carries Out a Dawn Raid

Dawn raids are carried out by various government bodies including financial authorities, the Serious Fraud office and HMRC. With tax evasion high on the political agenda and millions of pounds of additional budgeting earmarked to tackle it, the chances of a dawn raid by HMRC have increased significantly recently.

If you or your business is subjected to an HMRC dawn raid there are a number of important points to remember as it happens. For immediate legal advice contact Rollingsons on 0207 611 4848.

Trademark Case Update: Interflora v Marks and Spencer

The European Court of Justice has previously ruled in the Interflora case that trademarks belonging to another party could be used as Google AdWords if certain conditions are met.

However, the High Court’s latest decision has found Marks and Spencer’s use of the term ‘interflora’ in the Google AdWord program to be contrary to the ‘origin function’ of trademarks and, as such, in direct violation of the European Union Trade Mark Directive and Community Trade Mark Regulations.

This is a landmark decision and will have huge implications on businesses purchasing space for online advertisements.

Duty of Confidence: Vestergaard Frandsen v Bestnet Confirms Knowledge of Confidentiality Required

The Supreme Court has confirmed in the case of Vestergaard Frandsen v Bestnet [2013] that there can be no implied term imposing strict liability for breach of confidence if a person did not know information was confidential.

Employment Law Changes in the Enterprise and Regulatory Reform Act 2013

As part of the Government’s Employment Law Review, reforms to Employment law are being brought in by the Enterprise and Regulatory Reform Act during 2013 and 2014.

The primary aim is to boost enterprise through improvements to the labour market such as encouraging early resolution of disputes, making the tribunal system more efficient and giving employers confidence to hire new employees.

OFT Reports on Personalised Pricing

The internet and e-commerce offers both traders and consumers a wealth of opportunities for buying and selling in today’s marketplace. Access to this worldwide market is particularly valuable for businesses that can utilise the internet to target their marketing and offer efficient pricing through price discrimination; a practice that has caught the attention of the Office of Fair Trading (OFT).

Personalised pricing is perhaps the ultimate price discrimination strategy. It occurs when businesses offer different prices to individual consumers depending on the specific information they have collected about that individual; a task made increasingly easier by the information available online.