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Disputes

Disputes

Under the Influence: New Guidelines for Social Media Advertising

Lynne Moss

Love it or loathe it, social media is a sign of our times. Recent years have seen the rapid rise of social media “influencers” on platforms like Facebook and Instagram, and brands and advertisers have tapped into that trend and are using social media as a powerful marketing tool. As consumers become weary of the more “traditional” forms of advertising, such as TV, radio and even websites, which can be skipped through, brands have had to come up with innovative and more immediate ways to advertise their products.


What is happening?

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Two years of Simple Procedure: It’s been a complicated time

The Simple Procedure Rules recently celebrated its second birthday. The intervening period has been interesting for the courts, practitioners and lay persons alike! It was heralded as a radical move toward a modern 21st century court process. As with most radical transformations, there have however been some teething problems.

The Scottish Civil Justice Council consulted on the Rules during summer 2018 and recently published a summary of its responses. The consultation sought to gather opinion on how the rules were working in practice.

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Automated Vehicles – Navigating the Road to Regulatory Reform

The joint consultation by the Law Commission of England and Wales and the Scottish Law Commission on automated vehicles seeks views by 8th February 2019 on whether or not the UK’s current regulatory framework can cope with this new and ever-evolving technology, or whether reform is needed. Road traffic safety and regulation relies for the most part on the criminal law, which concentrates on the behaviour of the human driver. However, some offences may not be totally suitable for crimes involving driverless vehicles, and in some cases completely new offences will be needed.

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Automated Vehicles – Is this the end of the road for the “driver”?

In a previous blog, we discussed the recently published joint consultation by the Law Commission and the Scottish Law Commission on automated vehicles (which is seeking responses by 8 February 2019), and how it foresaw the new technology impacting on the existing rules of civil liability.  One of the most interesting aspects of the consultatio

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Rent review disputes: when is the “final decision” final?

Stephen Farrell

Rent reviews are often agreed. They can sometimes end up in arbitration, often dealt with by experienced surveyor-arbitrators. Those arbitrations have a clear framework, governed by the Arbitration (Scotland) Act 2010, which provides rules and procedure. However, sometimes, rent reviews are dealt with by expert determination. Often the experts are the same experienced rent review surveyors who act as arbitrators. But the procedure is very different. 

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The Discount Rate: no longer a constant in a changing world?

Will Cole

In the current era, when the House of Commons seems consumed by Brexit fever, it is easy to lose sight of the fact that some parts of the government apparatus are still having to get on with the day job, and more prosaic legislation is also rumbling towards passage. 

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Criminal charges for nutritional product manufacturer highlights the need for careful supply chain management

The decision to bring criminal charges against ITH Pharma Ltd (“ITH”), the manufacturer of an intravenous nutritional product, is a reminder that manufacturers have duties to the end users of their products and can face criminal as well as civil liability for failures. It also underlines the need for manufacturers to monitor their suppliers to ensure the quality and compliance of component parts.

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It’s good to talk – especially about enforcing your IP rights in Scotland

Before the Christmas madness got too mad, our contentious IP team held a round table discussion with some English based clients and contacts who regularly seek to enforce their IP rights in the Scottish courts.

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Non-Disclosure Agreements; interrupting the conversation of harassment and discrimination in the workplace?

In July 2018, the Women and Equalities Committee (WEC) published their conclusions following an investigation into sexual harassment in the workplace. One of their key recommendations was that the use of confidentiality and non disclosure agreements (NDAs) in employment contracts and settlement agreements should be better controlled and regulated. 

This follows on from consideration of high profile cases such as:

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IPO: New Report on Design Infringement: Key Findings and Implications

Colin Hulme

A recent report by the UK Intellectual Property Office confirms what we have already known: that designs are a key part of our economy in the UK. The report discloses that as of 2015, the UK design economy was worth 6% of the nation’s total economy – the same as the building industry and the logistics sector combined. Whilst I have some reservations as to the research methodology, the report makes some interesting points.

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