The Legal 500

Legal Developments in the UK

• Changes to the child visitor immigration rules from 1 January 2010

  From 1 January 2010, students from countries outside the European Economic Area will be able to apply to enter the UK for up to six months on an exchange or educational visit to a state-maintained school, a non-maintained special school, an independent fee-paying school or an independent non fee-paying school. They will not require entry clearance, unless they are nationals of countries who require a visa to enter the UK.
  - Penningtons Solicitors LLP

• Introduction of biometric processing for tier 2 in-country applications  - a reminder

  Regulations extending identity cards for foreign nationals (ICFN) to skilled workers came into force on 6 January 2010. All tier 2 applications made inside the UK now involve the enrolment of the applicant's biometric information (fingerprints and photograph).
  - Penningtons Solicitors LLP

• Pulling the plug on a television documentary:a case study

  Out of the blue, you receive a call from a broadcaster proposing to feature your company in a prime-time documentary. The broadcaster tells you that they have footage covertly filmed inside the company by a former employee, accompanied by sensational stories from the same source. After carrying out initial enquiries, you ascertain that the former employee left on bad terms, the footage is staged and the stories are, in some instances, untrue and, in others, wildly exaggerated. You must stop the broadcast. Your next two calls are to your PR or communications team and your media lawyers. These teams will work alongside each other to apply just the right amount of pressure on the broadcaster to ensure that the story is dropped. You gather your team around you and prepare as much information as possible to hand over to the media lawyers.
  - Schillings

• Stop the press:the Reynolds defence

  Reynolds v Times Newspapers Ltd & ors [2001] established a new defence for libel claims in which the story is in the public interest and the publisher acted ‘responsibly’. The Reynolds defence is designed to protect serious investigative journalists acting in good faith and reporting on matters of public interest. Even where allegations are false and hugely damaging to the subject of the publication, publishers can make use of this defence. However, Reynolds has also provided a useful tool for subjects to delay, if not prevent, publication of defamatory allegations.
  - Schillings

• Fire safety: a burning legal issue

  Heralded as the biggest overhaul of fire safety legislation in 40 years, the Regulatory Reform (Fire Safety) Order (FSO) 2005 was introduced in April 2006 with the intention of streamlining existing legislation, reducing the burden on business and improving safety by allowing fire authorities (the bodies responsible for fire brigades in each area) to concentrate on high-risk premises; all of which are laudable aims. But over three years on what’s been the reality?
  - Bond Pearce LLP

• Terminal traps in insurance contracts

  The terms of any insurance contract can be categorised as conditions, conditions precedent, warranties, or terms delimiting the risk. The status of conditions and warranties in mainstream contract law is reversed in insurance law. Breach:
  - Debevoise & Plimpton LLP

• Samsun Logix and developing cross-border insolvency issues

  With the ever-increasing trend towards globalisation, it is often observed that there are few businesses of reasonable size that do not trade across borders. At this difficult economic time, many are likely to have overseas suppliers, contractors, counter-parties and customers undergoing financial difficulties. For these businesses, cross-border insolvency issues are cropping up frequently. At the same time, the law is rapidly developing, with cases on cross-border insolvency issues regularly brought before the English and foreign courts.
  - Holman Fenwick Willan

• Agreement finally reached on EU telecoms reform package

  On 5 November 2009 the European Commission announced that the European Parliament and Council of Ministers had finally reached an agreement on the issues outstanding in the reform of the EU Common Regulatory Framework for Communications (CRF). Disagreement between the European Parliament and the member states (via their position in the Council) earlier this year had threatened to significantly delay the vital reform of the CRF.
  - SJ Berwin LLP

• Dispute resolution clauses in IT contracts

  Given the relatively frequent occurrence of disputes over contracts for the supply of software and IT services, dispute resolution provisions are an important feature. In the recent case of Ericsson AB v Eads Defence and Security Systems Ltd [2009], the High Court had an opportunity to consider such provisions and their relationship with rights of termination and remedies under the contract.
  - SJ Berwin LLP

• Under review: current consultations and market studies

  THE EU and UK competition authorities are carrying out several consultations on revised legislation and guidance, as well as a number of market studies.
  - Berwin Leighton Paisner LLP