News

Tesla’s Stock in Reverse: Shareholder Rights and the Road Ahead

14 April 2025

In recent months, Tesla has found itself in the headlines for reasons extending far beyond its electric vehicles or innovation roadmap. A combination of political controversy surrounding Elon Musk, slumping sales, and market scepticism has triggered a sharp decline in Tesla’s share price—down nearly 41% year-to-date as of mid-March 2025, with European sales particularly hit […]

Deal-Making in 2025: Merging Trends with Strategic Acquisitions

14 April 2025

As we move further into 2025, the mergers and acquisitions (M&A) landscape across the UK and Ireland is showing strong signs of resurgence. After several challenging years marked by inflation, rising interest rates, and market uncertainty, momentum is returning—and with it, a wave of innovation in how deals are structured, financed, and executed. Whether you’re […]

From Box-Ticking to Big Thinking: A Potential Reform to Corporate Governance

14 April 2025

Why It Matters for Business, Lawyers, and Investors Alike For years, corporate compliance has suffered from a bit of an image problem. Among many decision-makers, it’s still seen as a necessary—but ultimately burdensome—cost, a tick-box exercise that dampens productivity and eats into profits. But with the climate crisis, widening social inequality, and corporate scandals from […]

Berry Smith Advises on Successful Sale of Ceaton Holdings to Senseco Security

14 April 2025

Berry Smith is pleased to announce its role in advising Angie Beasley on the sale of Ceaton Holdings Limited to Senseco Security Limited, a leading provider of fire and security solutions. Ceaton Holdings, based in Cardiff, is a respected security services company offering design, installation, service, and maintenance of fire detection, security, automated entry/exit, and […]

Can Your Commercial Contracts ‘Trump’ the Tariffs?

14 April 2025

The tariff measures introduced on 2nd April by US President Trump on imports into the United States may have significant implications for the contractual relationships underpinning international commercial transactions and supply chains. For UK businesses engaged in international trade—whether as exporters, importers, suppliers, or customers—it is imperative to understand how these developments may affect both […]

What the New Guidelines on Modern Slavery Laws Mean for Your Supply Chain

14 April 2025

The UK Government has issued updated guidance on the Modern Slavery Act 2015, marking the first substantial clarification since its introduction. While the law itself remains unchanged, the new guidelines provide clearer direction on which organisations are affected and the steps needed to ensure compliance. For businesses—particularly those with large, international supply chains—this signals a […]

Court Warns Against Ambiguity in Contractual Notice Deadlines

14 April 2025

In a recent decision, the Court has issued a clear warning to parties relying on vague or poorly worded contract terms. In MY Contracts Ltd v 74 Hamilton Terrace Freehold Ltd, the Technology and Construction Court (TCC) clarified how weekends and public holidays are treated when calculating contractual deadlines. Background In 2023, the parties entered […]

High Court Ruling: Paddy Power Ordered to Pay £1 Million Jackpot Despite Technical Error

26 March 2025

Introduction Earlier this month, the High Court ruled against the popular bookmaker Paddy Power, ordering the betting giant to pay £1 million to a Gloucestershire woman after a five-year legal battle. This case has significant implications for consumer rights and the enforceability of terms and conditions in the online gaming industry. Background Corrine Durber played […]

Artificial Intelligence and Employment Law

26 March 2025

The recent Artificial Intelligence Action Summit, which brought together leaders from various sectors to discuss the future of artificial intelligence (‘AI’), underscored the significant transformation AI is driving in businesses and their workplace practices. Whilst AI offers numerous benefits such as efficiency and productivity, it also presents businesses with potential risks and challenges that need […]

Changes in employment law in April 2025

26 March 2025

This article addresses some of the key changes to statutory rates that are set to take effect from 6th April 2025. New rates for certain awards in the Employment Tribunal New rates for family leave payments Statutory sick pay Please contact us if you would like more information about the topics raised in this article […]

Influencer Marketing Part 4: Considerations for Influencers Working with Brands

26 March 2025

Last time we looked at those considerations for brands and businesses, but now we stand on the opposite side and consider those key provisions that influencers need to take on board before deciding to partner with a brand or business. By considering these factors, influencers can form successful and authentic partnerships. For legal guidance, contact […]

Influencer Marketing Part 3: Considerations for Businesses Working with Influencers

24 March 2025

In the era of digital marketing, influencer partnerships have become an essential strategy for many businesses looking to enhance brand visibility and drive consumer engagement. However, working with influencers requires careful consideration to ensure that the collaboration is successful and legally compliant. Below are some key factors that brands should take into account when considering […]

Influencer Marketing Part 2: Legal Considerations

24 March 2025

Welcome to part 2 of our series on influencer marketing. Whether you are a high-profile influencer, a household name, or a micro-influencer with a smaller following, you are all bound by the same legal requirements. Social media endorsements are a form of advertising and, as such, are governed by various laws, particularly those relating to […]

Influencer Marketing Part 1: Why Businesses Partner with Influencers

24 March 2025

To boost sales and improve visibility, more and more businesses are turning to influencers for marketing support. Some reports suggest that 1 in 8 businesses already use influencers, and this number is expected to rise significantly in the coming years. The global influencer marketing industry has more than doubled in size since 2019. In 2022, […]

Guarding Trade Secrets in the AI Era: Key Takeaways from the Google Trade Secret Theft

20 March 2025

In today’s fast-paced commercial landscape, as technology continues to evolve rapidly, protecting trade secrets has become increasingly vital. A recent high-profile case involving the theft of Google’s AI trade secrets highlights the importance of having strong intellectual property strategies, especially for companies in the tech sector. Theft of Google’s Trade Secrets The case in question […]

Berry Smith Appointed as One of Five Legal Experts to Support the Welsh Government

20 March 2025

We are proud to announce that Berry Smith has been appointed as one of only five law firms selected to support the Welsh Government in its ongoing legal affairs and initiatives. Berry Smith has been appointed to provide legal services across the following areas: Civil Litigation, Employment Law, Major IT & Commercial Contracts, Planning & […]

The High Cost of Breaking an NDA: A £2.1 Million Lesson

14 March 2025

Non-Disclosure Agreements (NDAs) are often the first step in business collaborations, acting as a protective shield over sensitive information. While they are typically seen as a precaution, their legal power is rarely tested—until now. Salica Investments, formerly Hambro Perks, learned this the hard way when the court ordered them to pay £2.1 million to Henderson […]

Berry Smith Solicitors Featured in BBC Article on Leasehold Reform

14 March 2025

Read the full BBC article here. The UK Labour government has announced plans to ban new leaseholds and introduce measures to protect homeowners from unfair management practices. These proposed changes aim to ensure greater transparency and fairness for leaseholders, particularly regarding service charges and property management. As part of the discussion, Simon Care, Partner at Berry Smith Lawyers, shared his […]

Musicians Protest UK’s AI Copyright Changes

12 March 2025

On 25 February, more than a thousand musicians—including Cat Stevens, Damon Albarn, Annie Lennox, and Kate Bush—released a silent album in protest against the UK government’s planned changes to copyright law, which could allow tech firms to train artificial intelligence models using their work. Prime Minister Keir Starmer has made his stance on AI clear. […]

Successful Commercial Property Restructuring for Tiny Rebel

11 March 2025

Cardiff, Wales – Berry Smith Lawyers is pleased to announce the successful completion of a commercial property restructuring and grant of finance for Wales’s largest craft brewer, Tiny Rebel, advising on the commercial property restructuring of the Tiny Rebel Brewery and the company’s headquarters based at Wern Industrial Estate in Newport. The matter was handled […]

The Importance of Precise Wording in Contract Drafting

6 March 2025

Your Words Matter in Contract Drafting On 4 February 2025, the Court of Appeal delivered its judgment in EE Ltd v Virgin Mobile Telecoms Ltd [2025] EWCA Civ 70, a contractual dispute between EE Ltd and Virgin Mobile Telecoms Ltd. Background The dispute centred on EE’s provision of 2G to 4G (but not 5G) mobile […]

Ensuring Valid Consent in Data Protection: Our Key Legal Insights

6 March 2025

In RTM v Bonne Terre Ltd and Another [2025] EWHC 111 (KB), the High Court examined the validity of consent in data protection law, particularly regarding the use of personal data for targeted marketing. Background The claimant, RTM, a reformed gambling addict, brought a claim against Bonne Terre Ltd, which operates as Sky Betting & […]

Business Property Relief Changes to Remain

6 March 2025

The 2024 Autumn Budget proposed changes to Inheritance Tax reliefs, which ministers have continued to support despite opposition. As a result, the planned changes to Business Property Relief (BPR) outlined in the 2024 Autumn Budget are set to remain. What Are the Changes? The Autumn Budget announced reforms to Business Property Relief. From 6 April […]

ICO Investigating TikTok’s Use of Children’s Data: Key Implications for Businesses on Data Protection Laws

4 March 2025

The Information Commissioner’s Office (ICO) has launched a major investigation into TikTok’s handling of children’s data. The investigation follows concerns over how TikTok uses the personal data of 13–17-year-olds to make recommendations to them. This inquiry raises important questions about data privacy and the obligations businesses must meet under UK data protection laws. What Does […]

TUPE: EAT ruling on objection to a TUPE transfer

25 February 2025

In a recent case, London United Busways Ltd v De Marchi and another, the Employment Appeal Tribunal clarified that if an employee objects to a TUPE transfer due to a substantial change to their working conditions to their material detriment, they can be treated as dismissed, allowing them to bring a claim to an Employment […]

Neurodiversity at work

25 February 2025

Acas has published new advice on neurodiversity at work, providing tips for employers on how to raise awareness and be inclusive and sensitive when managing neurodiversity at work. Is neurodivergence a disability? Neurodiversity describes the natural differences in how a person’s brain behaves and processes information. Being neurodivergent will often amount to a disability under […]

Superdry forces Man City to try mediation

24 February 2025

We are now starting to see the impact of recent changes to the Civil Procedure Rules and the consequences of the Court of Appeal decision in Churchill in 2023 in the Court’s approach to mediation. In the recent case of DKH Retail Ltd and others v City Football Group Ltd [2024] EWHC 3231 (Ch), the […]

Government Meeting with the NFU: Outcome 

24 February 2025

Despite opposition from farmers and others in the agricultural sector, a recent meeting between agricultural leaders and the Treasury regarding changes to Agricultural Property Relief has not led to any reversals. Ministers continue to stand by the proposed changes, meaning they are likely to remain in place.  What are the changes?  In the 2024 Autumn […]

Berry Smith Rises to 4th Most Active Legal Advisor in Wales for 2024

20 February 2025

The Berry Smith Corporate Team has been ranked as the 4th most active legal advisor in Wales for 2024, moving up from 5th place in 2023. The prestigious ranking, compiled by Experian UK M&A, recognises Berry Smith’s significant achievements over the past year. The firm has built a strong reputation for providing expert legal services […]

Berry Smith LLP Announces Successful Completion of Acquisition by Cardo Group of Rodgers & Johnston Ltd

19 February 2025

Berry Smith LLP is pleased to announce the successful completion of the acquisition by Cardo Group of Rodgers & Johnston Ltd, its second acquisition in Scotland in less than a month. Rodgers & Johnston Ltd, based in Holytown, has been a leading, local player in the property maintenance field for over 30 years. The company […]

Vary or Replace? Navigating the Best Approach for Legal Contracts

18 February 2025

In a ruling delivered in late 2024 in R (on the application of Cobalt Data Centre 2 LLP and another) v HMRC [2024] UKSC 40, the Supreme Court upheld HMRC’s decision to deny allowances under the Capital Allowances Act 2001 (“CAA 2001”) related to an enterprise zone scheme, ultimately dismissing the appellants’ appeal. This case […]

Karma for Financial Decisions? Time to Renew Trade Marks for Boy George

14 February 2025

Boy George, star of the famous 1980s English band Culture Club, has been in the news this week due to the potential loss of exclusive trade mark rights to his name, following the band’s reported £12 million debt. The trade marks in question are ‘BOY GEORGE’, owned by Cometmarket Limited, of which Boy George is […]

Are You Stuck in a Subscription Trap? Making Sense of Subscription Contracts

12 February 2025

Subscription services are now a regular part of daily life, from streaming platforms like Netflix to meal kits such as HelloFresh and fitness apps like Strava Premium. While these services offer convenience, many consumers find themselves locked into unwanted subscriptions due to complex cancellation processes and automatic renewals. In the UK, there are 155 million […]

Navigating AI Laws in 2025: What’s Next for Businesses?

10 February 2025

Artificial intelligence (AI) is increasingly becoming a party of daily life, prompting businesses to capitalise on its potential benefits. Although AI remains largely unregulated, the UK government and other authorities worldwide are considering various regulatory approaches. As a result, businesses must stay informed about emerging developments to effectively prepare and mitigate potential risks. This article […]

The Impact of Donald Trump’s Proposed Tariffs: What to Look Out for in Contracts

6 February 2025

Throughout the news, reports suggest that U.S. President Donald Trump is implementing significant changes to U.S. tax policy and tariffs, which could have far-reaching effects on businesses and international trade. While some proposals are already in place, others are under discussion, particularly regarding the EU and UK. This article explores how proposed tariffs could impact […]

Getty Images vs. Stability AI: The Legal Battle Defining AI and Intellectual Property Rights

3 February 2025

The ongoing legal dispute between Getty Images and Stability AI has taken a critical step forward, with developments on 14 January 2025 setting the stage for what could become a landmark case. This case raises fundamental questions about the intersection of artificial intelligence (AI) and intellectual property (IP): Can AI developers legally use copyrighted materials […]

Future-Proofing Your Business Contracts: Key Considerations for 2025

3 February 2025

For businesses, the start of a new year provides an excellent opportunity to reflect and prepare for the months ahead. While many focus on marketing and growth strategies for 2025, it’s equally important not to overlook the legal aspects of running a business. Ensuring your contracts are current and tailored to your future plans can […]

Family Mediation Week – Day 5 – How to Prepare for Mediation: Tips for Families

31 January 2025

The family team at Berry Smith is supporting Family Mediation Week 2025, which takes place between Monday, 27th and Friday, 31st January, with the aim of raising awareness of the benefits of mediation within the family justice system. On the final day of Family Mediation Week 2025, we share some top tips on how to […]

Family Mediation Week – Day 4 – Understanding Financial Mediation

30 January 2025

The family team at Berry Smith is supporting Family Mediation Week 2025, which takes place between Monday, 27th and Friday, 31st January, with the aim of raising awareness of the benefits of mediation within the family justice system. On Day 4 of Family Mediation Week 2025, we look at how mediation can help with complex […]

Mike Ashley Triumphs in High Court Battle with HMRC Over Subject Access Request: What Businesses Can Learn

30 January 2025

Sports Direct tycoon Mike Ashley has won a recent High Court case against HMRC regarding its handling of a subject access request (SAR) previously submitted by Ashley. The dispute arose from Ashley’s sale of properties, during which HMRC challenged the valuation and issued a tax demand of £13.6 million in 2016. Despite later withdrawing the […]

Understanding the Latest Changes to Land Transaction Tax (LTT)

29 January 2025

Recent changes to the higher rate of Land Transaction Tax (LTT) in Wales may impact those purchasing additional properties. Below, we outline what LTT is, how it works, and the changes you need to know. What is Land Transaction Tax (LTT)? LTT is a tax payable to the Welsh Revenue Authority when an individual or […]

Inheritance Tax Changes: Will Your Private Pensions Be Subject to Inheritance Tax?

29 January 2025

In the recent Autumn 2024 Budget, the Chancellor announced a wide range of changes to how inheritance tax will be calculated in the future, including changes to the inheritance tax treatment of pensions. If you have a private pension, it is vital that you consider these recent announcements. 1) What is the current position regarding […]

Updated Rates: National Minimum and Living Wage, Statutory Payments and Employer’s NICs

29 January 2025

The Government has published the updated rates for the National Living Wage (NLW), National Minimum Wage (NMW) and statutory payments that will apply from April 2025. Proposed increases to statutory payments: · Statutory maternity pay, maternity allowance, paternity pay, adoption pay, shared parental pay and parental bereavement pay will increase from £184.30 to £187.70 per […]

Neonatal Leave and Pay

29 January 2025

The Government has laid before Parliament the Neonatal Care (Leave and Pay) Act 2023 (‘the Act’) introducing a new day-one right to neonatal leave for working families with babies in neonatal care. Subject to Parliamentary approval, neonatal care leave will apply in respect of children who are born on or after 6 April 2025. Currently, […]

Family Mediation Week – Day 3 – Children’s Voices in Mediation

29 January 2025

The family team at Berry Smith is supporting Family Mediation Week 2025, which takes place between Monday, 27th and Friday, 31st January, with the aim of raising awareness of the benefits of mediation within the family justice system. On Day 3 of Family Mediation Week 2025, we take a look at how children’s voices can […]

Family Mediation Week – Day 2 – The Role of a Mediator: Guiding Families Through Change

28 January 2025

The family team at Berry Smith is supporting Family Mediation Week 2025, which takes place between Monday, 27th and Friday, 31st January, with the aim of raising awareness of the benefits of mediation within the family justice system. On Day 2 of Family Mediation Week 2025, we take a closer look at the role of […]

Family Mediation Week – Day 1 – What is Family Mediation, and Why Does it Matter?

27 January 2025

The family team at Berry Smith is supporting Family Mediation Week 2025, which takes place between Monday, 27th and Friday, 31st January, with the aim of raising awareness of the benefits of mediation within the family justice system. In our experience at Berry Smith, many families who come to us for advice or mediation services […]

Thatchers Takes a Bite out of Aldi’s Cider Trademark

22 January 2025

In a highly anticipated legal battle, popular cider producer Thatchers successfully appealed against supermarket giant Aldi in a long-running trademark dispute. In this article, we will break down the key aspects of the case, its implications for trademark law, and what it means for companies seeking to protect their brands in the marketplace. Background At […]

Berry Smith Advises on Cardo’s Acquisition of Heatcare Oil & Gas Holdings Limited

22 January 2025

Berry Smith is delighted to have acted as lead adviser to Cardo Group Limited in its successful acquisition of Heatcare Oil & Gas Holdings Limited. This strategic purchase marks a significant milestone in Cardo’s ongoing expansion and its commitment to delivering energy-efficient solutions for social housing and public buildings. The deal follows a series of […]

A Handy Checklist for Updating Your Terms and Conditions

20 January 2025

Further to our previous article “Is it time to revise your terms and conditions” If you’ve determined that it’s time to revise your T&Cs, use the following checklist to ensure that you’ve covered all the essential aspects: 1. Clarity and Accessibility 2. Legal Compliance 3. Business Model Updates 4. Limitation of Liability 5. Force Majeure […]

Is It Time to Review and Update Your Business’s Terms and Conditions?

17 January 2025

For any business, well-drafted terms and conditions (T&Cs) are the foundation of clear and legally sound relationships with customers, suppliers, and other third parties. These agreements outline the rules governing transactions and interactions, safeguarding your business against potential disputes and liabilities. However, market changes, legal updates, or shifts in your operations may mean it’s time […]

New Year, New Business Resolutions: Start the Year Strong for 2025

16 January 2025

It’s estimated that less than a quarter of us will stick to any New Year’s resolutions we make. So, instead of coming up with more excuses to skip your 6 am spin class, grab some leftover Christmas chocolates and a cuppa, and set yourself some New Business Resolutions you can actually stick to! The New […]

Quantifying Damages in Neighbour Disputes – Do Financial Wounds Really Last Forever?

10 January 2025

Emma Jayne Scullion, an Associate in our Property Litigation team, recently helped a client successfully defend against their neighbour’s claim that past trespassing incidents had permanently reduced the value of her property. The Case: A Dispute Over Trespass The case went to trial in late November 2024. Both sides agreed that some minor trespasses had […]

Does Failure to Pay Trigger a Termination Right?

9 December 2024

Failure to pay may seem like grounds for termination, but this isn’t always the case. Acting prematurely could backfire, potentially putting you in breach of the contract. Do You Have a Contractual Right to Terminate? In cases of late payment, parties typically have two legal routes to consider: However, neither guarantees an automatic right to […]

Force Majeure Unpacked: What the Latest Ruling Means for You

6 December 2024

The Supreme Court’s Landmark Decision on Force Majeure and “Reasonable Endeavors” In the recent case of MUR Shipping v RTI, the Supreme Court ruled that the “reasonable endeavours” proviso in a force majeure clause does not oblige parties to accept non-contractual performance, even if it would resolve the issue created by the force majeure event. What […]

When Ideas Collide: Navigating Joint Ownership of Intellectual Property 

6 December 2024

Intellectual Property (IP) can arise in various shapes and sizes. Understanding the various forms of IP is useful for considering who and how your IP is owned and can be used. In business, it is common for multiple parties to desire the rights in certain IP. The following is an overview of the rules of […]

With the Possible Legalisation of ‘Assisted Dying’ on the Horizon, Is It Time to Consider Lasting Powers of Attorney for Health and Welfare?

3 December 2024

What is a Lasting Power of Attorney for Health and Welfare? A Lasting Power of Attorney is a document in which you (the donor) give someone else (the attorney(s)) the power to make decisions on your behalf. A Lasting Power of Attorney for Health and Welfare grants your attorney the authority to make decisions regarding […]

Employment & HR: Investigations  

28 November 2024

Recently, you may have seen several allegations against high-profile figures making headlines, highlighting the importance of conducting successful investigations. These can involve grievance investigations, disciplinary investigations and other forms of investigation in the workplace.  Dealing with the intricacies of workplace investigations can be fraught with difficulties. For many employers, the decision to appoint an external […]

Maternity Leave: FAQs

28 November 2024

On 3rd December 2024, Sarah Alford (Partner) and Caitlin Rees (Associate) in our Employment & HR department at Berry Smith, will be speaking about the upcoming employment law reforms, including the proposed changes to family leave rights, at the Women at Work Wales Conference, hosted by Policy Insight Wales.   We therefore thought that now was […]

Berry Smith is delighted to have represented the shareholders of CST Wealth Management Limited in their sale to Brooks Macdonald.

20 November 2024

CST Wealth Management Limited is a renowned chartered financial planning firm based in Bridgend, managing an impressive portfolio of individual and business clients with approximately £170 million in assets under advice. Brooks Macdonald is one of the UK’s leading wealth management firms, focused on providing expert investment management and financial planning. Berry Smith worked closely […]

The ‘Sky’ Is Not the Limit for Bad Faith Trade Marks

18 November 2024

Sky v SkyKick In a key case for trade mark law, the Supreme Court recently handed down its long-awaited judgment in Sky v SkyKick. The legal issue at hand was whether Sky’s trade marks had been validly registered, given the broad scope of their coverage. Originally, Sky sued SkyKick, a cloud management company based in […]

The UK Government’s Life Sciences Investment: Escaping the ‘Valley of Death’

7 November 2024

A £279m partnership in the UK Government’s life sciences sector The UK government recently announced a £279 million investment in its life sciences sector through a partnership with Lilly, a multinational pharmaceutical company. This significant investment is aimed at accelerating healthcare innovation and advancing new care delivery models, particularly focused on improving health for people […]