Paul Jinks

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UK Supreme Court rules on AI and Patent Applications

In a much anticipated judgment, the UK Supreme Court delivered on 20 December 2023 its ruling in the case of Thaler v Comptroller-General of Patents, Designs and Trade Marks (Thaler (Appellant) v Comptroller-General of Patents, Designs and Trademarks (Respondent) – The Supreme Court) on whether an artificial intelligence (AI) system can be named as the … Continue Reading

G7 Endorse Voluntary Code of Conduct for Advanced AI Systems prior to UK Global

2023 has been the year that governments, regulators and international organisations have all sought to get to grips with the challenges of regulating AI including the publication in April of the UK government’s policy paper outlining its proposed approach to AI regulation; the EU’s AI Act which may shortly become the world’s first piece of … Continue Reading

UK Online Safety Act Becomes Law

The often-controversial UK Online Safety Act (the OSA) has finally become law after receiving Royal Assent yesterday, heralding the end of the era of largely self-regulation for user generated content by technology platforms, whether large or small. The OSA will impose new duties on all providers who host “user generated content” (i.e. services which allow … Continue Reading

UK Product Safety and Online Marketplace Consultation

The UK government announced on 2 August 2023 a new consultation for proposed changes to the UK’s product safety laws. Whilst much of this consultation is concerned with the regulatory compliance arrangements for the testing and marking of products what has received less immediate media coverage are proposals also included to impose additional duties on … Continue Reading

Don’t let the Sun Go Down on EU 2: Proposed further changes to UK plans for Retained EU Law post Brexit and guidance on IP provisions

We reported last week on the UK government’s decision to reduce the scope of its proposed Retained EU Law (Revocation and Reform) Bill. As originally drafted had that bill become law then all direct EU legislation currently retained as UK law would have automatically lapsed at the end of this year unless specifically retained or … Continue Reading

Don’t let the Sun Go Down on EU: Changes to UK plans for Retained EU Law post Brexit

There has been considerable media coverage in the UK this week following the government’s announcement that it is to reduce the scope of its controversial Retained EU Law (Revocation and Reform) Bill (Retained EU Law (Revocation and Reform) Bill publications – Parliamentary Bills – UK Parliament). Had this bill entered into law in its original … Continue Reading

Are All the Terms in Your Standard Terms and Conditions Incorporated?

A recent High Court decision in the case of Blu-Sky Solutions Limited (“Blu-Sky”) v Be Caring Limited (“BCL”) has put terms and conditions into the spotlight. The case has highlighted the importance of making sure that any onerous terms in your standard terms and conditions are clearly brought to the attention of the other party … Continue Reading

The Covid Conundrum – CMA Closes its Investigation into Covid Consumer Refund Rights

The Competition and Markets Authority (CMA) has today announced it is closing its investigation into the refusal of British Airways and Ryanair to provide refunds to consumers who were unable to travel on previously booked flights as a result of Covid lockdown restrictions due to uncertainty in the underlying law.… Continue Reading

Changes to VAT and Early Termination Payments

Following the recent decision of the Court of Justice of the European Union in Meo (C-295/17) and a related case, HM Revenue & Customs (“HMRC”) has updated its guidance on the VAT treatment of contractual compensation payments for early termination of commercial contracts. Such payments, irrespective of whether described as compensation or liquidated damages, will … Continue Reading

Coronavirus and Contractual Penalties

We recently considered the issue that the Coronavirus outbreak may result in an upsurge of force majeure related claims under commercial contracts. A further risk now coming to light is customers seeking to enforce contractual fines, penalties, “service credits” or “liquidated damages” (collectively referred to for ease of reference as “Penalties” although all slightly different … Continue Reading

Coronavirus and Force Majeure

Usually found towards the end of a commercial contract, a force majeure provision seeks to exclude the liability of one or more parties for events beyond their reasonable control. Often (and mistakenly) overlooked as “standard boilerplate”, the increasingly apparent and potentially extensive impact of the Coronavirus outbreak on global supply chains is likely to bring … Continue Reading

But life isn’t fair….

Anyone who negotiates contracts for a living has their own personal war stories of dealing with other parties whose significant negotiating leverage meant they ended up accepting terms which in an ideal world they wouldn’t. But could having the upper hand and using that to extract the best possible deal come back to haunt you? … Continue Reading

Check In On Your Terms

  The Competition & Markets Authority (CMA) has recently launched its “Small Print, Big Difference” campaign which encourages travel businesses to be upfront and clear with consumer customers. Although the campaign has been launched with a holiday and travel focus (following the CMA’s investigation into online hotel booking websites), and is supported by ABTA, many … Continue Reading

The Outsourcing Playbook – a new dawn for public sector contracting?

The UK government has this week published its Outsourcing Playbook (the Playbook) providing guidance for central government on getting outsourcing right, from making the initial decision to outsource through to termination, transition and dealing with supplier failure. With in-boxes groaning under the weight of Brexit related government guidance it would be easy to miss the … Continue Reading
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