Retail law roundup: June 2025

27 June 2025

Welcome to our retail law roundup, where we share legal updates for retailers and brands.

This month, our first article looks at two legal developments related to influencers - the registration of faces as trade marks and moves to protect against deepfakes.

We also look at:

The future regulation of the buy now pay later (BNPL) market.
How brands can structure their distribution network in the UK and the EU.
The impact of the EU Deforestation Regulation (EUDR) on fashion retail.
A significant recent decision related to the recovery of insurance commission payments for retail tenants.
The Law Commission's review of the Landlord and Tenant Act 1954.

We welcome your feedback and suggestions for future topics – we want to ensure our communications are valuable to you and your business.

Advertising trends: Influencers, intellectual property and image rights

Adverts sell products. The more people that see your adverts, the more products you sell (or so the theory goes). So how could you create an advertising campaign where up to 836 million people see your advert? By engaging Cristiano Ronaldo as an influencer.

Buy now pay later: The countdown to regulation is on

Buy now pay later (BNPL) has become a UK checkout staple, offering customers a flexible way to spread payments over time, helping drive sales.

Distribution in the UK and the EU

In this article, we look at the different ways in which brands can structure their distribution network in the UK and the EU, and what the legal considerations are.

The EU Deforestation Regulation: Implications and actions for the fashion industry

The EU Deforestation Regulation (EUDR) significantly extends the scope of its predecessor, the EU Timber Regulation, to include a variety of commodities such as cattle, impacting products like leather used in fashion.

Recovering insurance commission payments: Tenant considerations post-Trocadero v Picturehouse

A significant decision was handed down in May 2025 with regards to a landlord’s ability to recover sums from its tenant through insurance rent and, in particular, whether landlord’s commission can be charged to the tenant.

Law Commission issues interim statement on reforms to the Landlord and Tenant Act 1954

In its recent interim statement, following the initial consultation that started last November, the Law Commission has outlined its preliminary views on the feedback received.

ESG and sustainability report: Rethinking communication and credibility

In collaboration with the University of Nottingham as part of our Knowledge Transfer Partnership, this report brings together findings from a national research project conducted by Professor Louise Mullany and Dr Victoria Howard with support from Browne Jacobson.

EHRC releases guidance for employers after Supreme Court ruling on definition of woman

The Equality and Human Rights Commission (EHRC) has issued short interim non-statutory guidance following the Supreme Court’s decision in For Women Scotland v The Scottish Ministers, which confirmed that the legal definition of a 'sex' is to be based on biological sex rather than certified sex for the purposes of the Equality Act 2010.

2025/26 employment rates and limits: Are costs increases having a negative impact on the job market?

In April 2025, several significant changes to statutory rates and employment law rules came into effect in the UK.

From 1 April 2025, all UK employers must now pay increased National Minimum Wage and Living Wage rates.

Disciplinary procedures and mental health: Employer considerations

In the recent case of Woodhead v WTTV Ltd, the High Court found that an employer’s conduct of disciplinary proceedings had caused their employee psychiatric injury.