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Details of updates to HMRC import, export and customs guidance for the period from 14 to 20 January 2025.
Commercial analysis: Geraint Lloyd-Taylor, partner and Co-Head of Advertising & Marketing Law at Lewis Silkin, discusses the differences in approach between the Advertising Standards Authority’s (ASA) and the Competition and Markets Authority’s approach to online discounts/savings claims, in particular ‘was/now’ pricing, or as they are sometimes called ‘reference prices’.
Law360, London: On 7 January 2025, the UK Office of Trade Sanctions Implementation (OTSI) published two new guidance documents focusing on no-Russia clauses and countering Russian sanctions evasion. The no-Russia clause guidance is focused on supporting those exporting or making available common high-priority list items, as well as other items critical to Russian weapons systems and military development, to tailor their due diligence and make use of clauses prohibiting reexport of their products to Russia. The Russian sanctions evasion guidance is intended to aid UK exporters' understanding of Russia's and other countries' circumvention practices to reduce their risk of being targeted by those seeking to evade sanctions. Affected companies should consider whether any adjustments need to be made to their trade compliance programs in light of the best practice recommendations made in the new guidance documents.
This week's edition of Commercial weekly highlights includes: analysis of the decision in Zaha Hadid Ltd v The Zaha Hadid Foundation which considered whether an agreement with a unilateral termination right operated in restraint of trade, commentary on the BBC’s investigation into forced labour imports which sets out key takeaways for UK businesses, and news that the Department for Business and Trade and the Department for Culture, Media and Sport have launched a public consultation on measures to regulate the ticket resale market.
Micklefield clausesWhat is a Micklefield clause?It is common for employee share plans to provide that, on termination of employment (or when an employee is given or receives notice of termination of employment), subsisting share awards will be forfeited and subsisting share options will lapse.It is
Early leavers—preservationFORTHCOMING DEVELOPMENT: Section 10 of the Finance Act 2022 will increase the normal minimum pension age (NMPA) from 55 to 57 on 6 April 2028 (save for members of the firefighters, police and armed forces public service pension schemes).The Finance Act 2022 will also give
Contributory negligence in personal injury claimsContributory negligence is a partial defence which can lead to a discount in damages.Other defences may also be relevant. See Practice Notes: Did the claimant consent to the risk of injury? and Was the claimant involved in an illegal activity?If a
Dispute Resolution analysis: The High Court has provided concise guidance as to how misrepresentation should be analysed when considering jurisdictional gateways. Under Article 5(3) of the Lugano Convention, in negligent misstatement cases, the place of the event giving rise to damage is normally
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