Archive for August, 2011

ASA issues guidance on advert airbrushing

31 August 2011 | Mark Weston

The Advertising Standards Authority has issued guidance on use of airbrushing in cosmetic adverts, after ruling that some magazine adverts had been misleading because of their exaggerated product performance....

Tags on this discussion: ad ads advert advertis advertise advertisement advertisements advertising content Advertising Standards Advertising Standards Agency Advertising Standards Authority Advertising Standards Authority ruling adverts ASA ASA investigation ASA ruling BCAP BCAP Code BCAP Code Breach BCAP COde Compliance CAP CAP code CAP Code breach CAP Code compliance mislead misleading misleading advert misleading advertising misleading adverts non-broadcast advertising

Question of self-employed status must reflect actual position and not just what contract terms say – Autoclenz v Belcher, Supreme Court

31 August 2011 | Paul Gershlick

People supplying or receiving services often want to know whether the situation is an employed or self-employed basis, as this can affect whether there are any employment rights, how readily the relationship...

Tags on this discussion: agreement agreements commercial commercial agreement commercial agreements Commercial contract commercial contracts commercial law contract contracts control Court of Appeal employ employee employee benefits Employees employer Employers Employment Employment issues employment status mutuality of obligations self-employed service provider services substitutability Supreme Court

Are we heading for a housing crisis?

30 August 2011 | Marilyn Saunders

Well according to a number of property organisations and commentators, we could be. The National Housing Federation (NHF) has warned that over the next ten years, home ownership in the UK will fall...

Tags on this discussion: ConservativeHome Construction developers First-time buyers housebuilding Housing Marketing Analysis National Housing Federation New Homes Bonus NHF Oxford Economics Planning residential property shapps

Private drains and sewers to be transferred to water and sewerage companies on 1 October 2011

30 August 2011 | Maria Tempest

The Water Industry (Schemes for Adoption of Private Sewers) Regulations 2011 came into force on 1 July 2011. Under the Regulations, statutory sewerage and water undertakers take ownership of all private...

Tags on this discussion: Commercial Property drains Ofwat residential property sewerage sewers Water Industry (Schemes for Adoption of Private Sewers) Regulations 2011

ECJ referral over interpretation of the Unfair Commercial Practices Directive – Purely Creative Limited and others v The Office of Fair Trading, Court of Appeal

30 August 2011 | Simon Weinberg

The Consumer Protection from Unfair Trading Regulations 2008 (the Regulations) implement the Unfair Commercial Practices Directive in the UK. The Regulations prohibit commercial practices which treat consumers...

Tags on this discussion: competition competitions Consumer Protection from Unfair Trading Regulations 2008 Court of Appeal ECJ Enterprise Act 2002 European Court of Justice false impression High Court illegal OFT premium-rate telephone charges prize prize-draw promotion promotions Purely Creative scratch card scratch cards unauthorised Unfair Commercial Practices Directive unlawful

Sky may have reached the limit as Competition Commission provisionally rules satellite giant restricting film choice through exclusivity deals

29 August 2011 | Paul Gershlick

Sky is too controlling of the pay-TV film rights in the UK and this is restricting competition, contrary to UK competition law, according to a provisional ruling from the Competition Commission. The Commission...

Tags on this discussion: agreement agreements anti-competition anti-competitive anti-trust breach breach of competition law commercial commercial agreement commercial agreements Commercial contract commercial contracts commercial law competition Competition Act Competition Act 1998 Competition Commission competition law competition regime contract contracts illegal pay tv satellite satellite tv unenforceable

Publisher entitled not to publish book due to privacy concerns – Amanda Smith v Headline Publishing, High Court

28 August 2011 | Mark Weston | 1 comment

Under a contract for publication of memoirs, Amanda Smith gave a warranty that her work did not contain anything libellous or otherwise unlawful. She was paid in advance for the work. However, prior to...

Tags on this discussion: breach breach of contract commercial agreement Commercial contract commercial contracts contract contract law contracts Fraud High Court libel libel issues libellous misrep misrepresentation negligence negligent privacy privacy concerns privacy issues publish publisher publishing

Information Commissioner’s Office advocates students to examine the examiner’s comments

27 August 2011 | Simon Weinberg

Exam results were generally very good again this year. But the Information Commissioner’s Office has offered hope for people whose results were not quite as desired. The ICO has issued a statement encouraging...

Tags on this discussion: data data controller data protection data protection act Data Protection Act 1998 data protection laws Data Provider data subject data subject access data subject access request DPA ICO Information Commissioner Information Commissioner's Office Information Commissioner’s Office personal data school Schools

Bayer violated ABPI Code of Conduct by promoting prescription only medicine through Twitter

26 August 2011 | Paul Gershlick

In using Twitter to promote its medicine, Bayer has breached the Association of the British Pharmaceutical Industry Code of Conduct by advertising a prescription only medicine to the public or by...

Tags on this discussion: ABPI ABPI Code of Conduct Assoication of the British Pharmaceutical Industry marketing marketing campaign marketing communications On-line Online online advertising online content online marketing pharma pharma products pharmaceutical pharmaceutical business pharmaceutical company pharmaceutical industry pharmaceutical market pharmaceutical products pharmaceutical sector PMCPA Prescription Medicines Code of Practice Authority promotion social media tweet twitter

British Gas finds itself in hot water and is told to cool down claims of commitment to servicing boiler problems within given timeframe

26 August 2011 | Paul Gershlick | 1 comment

British Gas has been given a roasting by the Advertising Standards Authority after the heating giant fell foul of a claim that it was “committed” to carry out same-day visits to customers with no heating...

Tags on this discussion: ad ads advertising Advertising Standards Authority ASA BCAP BCAP Code BCAP Code Breach BCAP COde Compliance CAP code CAP Code breach CAP Code compliance mislead misleading misleading advert misleading advertisement misleading advertising misleading adverts

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Archive for August, 2011

ASA issues guidance on advert airbrushing

Question of self-employed status must reflect actual position and not just what contract terms say – Autoclenz v Belcher, Supreme Court

Are we heading for a housing crisis?

Private drains and sewers to be transferred to water and sewerage companies on 1 October 2011

ECJ referral over interpretation of the Unfair Commercial Practices Directive – Purely Creative Limited and others v The Office of Fair Trading, Court of Appeal

Sky may have reached the limit as Competition Commission provisionally rules satellite giant restricting film choice through exclusivity deals

Publisher entitled not to publish book due to privacy concerns – Amanda Smith v Headline Publishing, High Court

Information Commissioner’s Office advocates students to examine the examiner’s comments

Bayer violated ABPI Code of Conduct by promoting prescription only medicine through Twitter

British Gas finds itself in hot water and is told to cool down claims of commitment to servicing boiler problems within given timeframe

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