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Welcome to the latest issue of the 
Warner Goodman Commercial Brief 


This Commercial Brief is brought to you by the Commercial Team at Hampshire law firm, Warner Goodman LLP. 
 
Our experts in Corporate & Commercial, Commercial Property, Commercial Litigation, Dispute Resolution, Debt Recovery and Employment update you on important commercial law developments. 
 
Whether you own your business or you're an employee in a company, there will always be something of interest for you; legal updates; recent cases; and dates for our upcoming events. 


To read the articles in this issue, simply click the links below:
 
 
 
 
 
 
 
 
Putting back the pieces differently - the case for restructuring

During their lifetime all companies, businesses, partnerships and sole traders will have to react to personal, economic or financial change as certain factors become more salient at any given point in time. Organisations that refuse to change with the times face the risk of becoming obsolete, or at the very least, miss opportunities.

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Tenant Fees Act now in force

The Tenant Fees Act sets out the Government's approach to banning letting fees paid by tenants in the private rented sector and capping tenancy deposits in England.  The aim of the Act is to reduce the costs that some tenants have to pay, and is designed to re-balance the relationship between landlord and tenant to deliver a fairer, good quality and more affordable private rented sector.
 
Landlords and letting agents are therefore no longer able to charge tenants so called "prohibited payments".  If such charges are made, the tenancy is unlikely to be binding on the tenant and until the payment is returned, the landlord will not be able to terminate an AST. 
  

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How to hire and fire an apprentice

Many employers have enjoyed the benefits of hiring apprentices, particularly since the Government introduced the Apprenticeship Levy in 2017.  Ensuring your apprentice is employed under the right documentation is essential to protect your business against possible claims in the Employment Tribunal. 
 
Unfortunately, the legislation regarding apprenticeships is particularly vague, as is the surrounding statutory instruments and guides. There is also little case law in this area to be able to understand what the Government intended when drafting the legislation.  
 

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Will Brexit frustrate a commercial property lease?

The High Court has recently announced their decision in a pinnacle case regarding whether Brexit could frustrate a commercial property lease. 
 
Landlords will be relieved to hear that the High Court has decided that 'Brexit' alone will not frustrate a commercial property lease.  Following the decision to leave the EU in 2016, the European Medicines Agency (EMA) wrote to their landlord, Canary Wharf T1 Ltd, in August 2017 saying that "if and when Brexit occurs, we will be treating that event as a frustration of the lease";  in other words, bringing the lease to an end and releasing the parties from their obligations. 


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Intellectual property - everything you need to know

It was recently World Intellectual Property Day (26 April), a day on which the World Intellectual Property Organisation (WIPO) seeks to raise awareness about how various intellectual property (IP) rights impact on our daily lives. This year's event celebrated the positive role that IP plays in encouraging sports amongst the masses, centring around how developments in technology and IP have seen sporting events grow to a global scale over the years.
 
A heavy focus was also placed on how businesses involved in the sports industry set out to protect their IP by way of patent, trademark, industrial designs, and copyright applications.


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GDPR turns one; the impact, the lessons and the future

The General Data Protection Regulation (GDPR) was implemented a year ago, requiring businesses to adapt to the most revolutionary change in data protection seen in years.  Even though 12 months have now passed, businesses are still working towards compliance with the regulations.  Here, we explain the practical impact GDPR has had on businesses, the fines that have been imposed thus far and anticipations for the future.
 
How has GDPR impacted businesses?
This first year has been described as a transition year by the ICO and by other data privacy regulators across the EU. 


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In Brief...

In each issue of our Commercial Brief, we will bring you brief references to recent legal developments that could be of interest to you, our readers.

This issue of the In Brief includes the following topics: 
 
 
 

If there is a topic you would like to find out more about, contact the Warner Goodman Commercial Team on 023 8071 7717, 023 9277 6500, or visit the website.
 
Yours, The Warner Goodman Commercial Team 
 
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