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The knowledge bank for Retail includes regular updates on the latest legal developments.

Retales Issue Nine - Corporate manslaughter: it could be you!
It will have taken over 12 years, but April 2008 will see the introduction of a statutory criminal offence of corporate manslaughter.

 

Retales Issue Nine - Tougher penalties for underage sales
New legislation has recently come into force which introduces tougher penalties to those who are caught persistently selling alcohol to children.


Retales Issue Nine - Increase in statutory leave entitlement
The Government has estimated that 5.9 million workers will benefit from the forthcoming increase to statutory leave entitlement under the Working Time Regulations. Caroline Havard reports on the practicalities and pitfalls for employers.

Retales Issue Nine - Use of best and reasonable endeavours in contracts
The difference between an obligation to use ‘best endeavours’ and ‘reasonable endeavours’ in a contract has long been the subject of debate. However, it is now well established that ‘best endeavours’ is a more onerous obligation than ‘reasonable endeavours’.

Retales Issue Nine - Term Sheets - Some key considerations
Most businesses will operate some form of debt facilities with a bank or financial institution in the ordinary course of business. It may be an overdraft for working capital purposes, or a structured term or revolving credit facility for the acquisition of a company, property or other assets.

Retales Issue Eight (Companies Act Special) -
Directors' duties
One of the most significant aspects of the Companies Act 2006 is the codification of directors’ duties. They will apply to all directors, including shadow directors and, in some cases, former directors.

Retales Issue Eight (Companies Act Special) -
Derivative claims and proceedings by members
The current common law principle is that a shareholder cannot bring an action on behalf of the company for a wrong done to the company. The company is the injured party and therefore any right of action rests in the company.

Retales Issue Eight (Companies Act Special)
Authorised share capital
The Act abolishes the requirement for a company to have an authorised share capital. If shareholders wish to restrict the number of shares that the company can issue they will need to include a restriction by passing a special resolution to amend the company’s articles of association.

Retales Issue Eight (Companies Act Special)
Changes to auditors' liability
The Act retains the prohibition contained in the Companies Act 1985 against a company indemnifying its auditors against negligence or other default. This is subject to section 533, which allows the company to indemnify auditors against the costs of successfully defending a claim.

Retales Issue Eight (Companies Act Special) Transparency directive
The Act gives the FSA the power to implement the EU Transparency Directive in the UK, through the FSA Transparency Obligations Directive (Disclosure and Transparency Rules) Instrument 2006. At the same time, the FSA Disclosure Rules have been renamed the FSA Disclosure and Transparency Rules and a new sourcebook came into force.
 

Retales Issue Eight (Companies Act Special) Implementation overview
David Burbridge looks at the Act's timetable for implentation.

Retales Issue Seven (Article One)
Flu pandemic

Retales Issue Seven (Article Two)
The London Olympics - are you ready?

Retales Issue Seven (Article Three)
Corporate manslaughter - will the new offence make any difference?

Retales Issue Seven (Article Four)
Age discrimination - how will the regulations impact on retirement?

Retales Issue Seven (Article Five)
To rebrand or not to rebrand

Retales Issue Seven (Article Six)
WEEE update

Retales Issue Six (Article One)
Home Office pledges tough new crackdown on licensed trade

Retales Issue Six (Article Two)
Employers are liable for vicarious harassment

Retales Issue Six (Article Three)
BRC campaign for a change in rental payments in leases continues to gain support.

Retales Issue Six (Article Four)
“Asda Price” for home buyers

Retales Issue Six (Article Five)
Topshop brand endangered by US trade mark dispute

Retales Issue Five (Article One)
What can I say about my competitors? Part 2

Retales Issue Five (Article Two)
Real Estate Investment Trusts 'REITS'; A new way of holding property portfolios.

Retales Issue Five (Article Three)
OFT refers the UK grocery market to the Competition Commission.

Retales Issue Five (Article Four)
Takeover of Ottakar by HMV backed by the Competition Commission.

Retales Issue Five (Article Five)
OFT inquiry into internet shopping

Retales (Issue Four) Article One
OFT proposal to refer the UK grocery market to the Competition Commission

Retales (Issue Four) Article Two
Retail affiliate scheme falls foul of trade mark infringement laws

Retales (Issue Four) Article Three
Can inducements be offered to deter trade union membership?

Retales (Issue Four) Article Four
Smoking kills?

Retales (Issue Four) Article Five

Final salary pensions schemes no longer in fashion on the high street


Retales (Issue Four) Article Six

Takeover of Ottakar by HMV provisionally backed by The Competition Commission

Retales (Issue Three) Article One
Delay in introduction of new Fire Safety Regulations


Retales (Issue Three) Article Two
OFT guidance for mail order and .com businesses


Retales (Issue Three) Article Three
When is a grievance a grievance?


Retales (Issue Three) Article Four)
UK competition watchdog branded meek


Retales (Issue Two) Article One

The Patent Office has recently made a change to its rules regarding the classification of services for trade marks within the UK.

Retales (Issue Two) Article Two
Sharon McCann and Rob Westwood-Payne discuss the implications of the third alcohol misuse enforcement campaign for retailers.

Retales (Issue Two) Article Three
Colette McCormack reviews the recent changes to the Planning and Compulsory Purchase Act 2004.

Retales (Issue Two) Article Four
Saj Shah looks at the Health Bill and its changes to personal control in pharmacies.

Retales (Issue Two) Article Five
Sara Woffenden reports on the Government's decision to scrap operating and financial reviews.

Retales (Issue One) - Violence against retail employees highlighted

Retales (Issue One) - Intellectual Property - What can I say about my competitors?

Retales (Issue One) - Health & Safety - Corporate manslaughter

 

 




Please note: The information in Knowledge is for guidance only. As every legal issue has its own unique characteristics, we always advise you to check with us before taking action.


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