Archives: Contract

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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

Online Traders Falling Short of EU Law Standards for Consumer Protection

The EU Consumer Rights Directive (the Directive) came into force in 2011 and was implemented in the UK by the Consumer Contracts (Information, Cancellations and Additional Charges) Regulations 2013. Its aim is to protect consumers when shopping ‘away from business premises’, and is often most applicable when shopping online. It sets out minimum information requirements … Continue Reading

“Platform to Business” Draft Regulation Announced

In a press release published on February 14th, 2019, the European Commission announced, as part of the Digital Single Market strategy, a draft regulation aimed at creating a fair, transparent and predictable business environment for businesses and traders when using online platforms. The new rules are underpinned by an impact assessment that incorporates evidence and … Continue Reading

Victory In Case Applying Wood v Capita Principles

Squire Patton Boggs has secured victory for its client in the Court of Appeal in one of the first cases to apply the Supreme Court’s seminal ruling in Wood v Capita on the approach to contractual interpretation. What happened in this case? Squire Patton Boggs acted for Process Components Limited (PCL). KPTL was a company … Continue Reading

Are consumer cancellation fees exempt from the requirement to be fair?

Can a consumer successfully challenge an ‘excessive’ cancellation fee under the Consumer Rights Act 2015? The High Court recently answered this question in Casehub Limited v Wolf Cola Limited. In this case, the defendant (W) sold cloud storage solutions to consumers on its standard terms and conditions. It charged customers a £20 per month subscription … Continue Reading

Digital Single Market: EU negotiators agree to end unjustified geoblocking

The European Commission has issued a press release announcing that the European Parliament, the Council and the Commission have reached a political agreement to end unjustified geoblocking for consumers wishing to buy products or services online within the EU.   Geoblocking occurs when a customer is treated differently based on their nationality, place of residence or location … Continue Reading

Was the court’s approach to this exclusion clause reasonable?

Every now and again, the English courts hand down a judgment which seems to fly in the face of established law. The recent High Court decision in Goodlife Foods Limited v Hall Fire Protection is one such judgment. Hall installed a fire suppression system in Goodlife’s premises.  A fire subsequently broke out causing property damage … Continue Reading

UK – Court rulings heighten the risk of employees inadvertently amending contracts

An anti-oral variation clause is drafted into most commercial agreements. Typically, this boilerplate clause will say that any changes to the terms of the contract must be agreed in writing and signed by all of the contracting parties.  The objective is to avoid the uncertainty, and potential for disputes, that would arise if the contract … Continue Reading

Freedom Trumps Certainty When Excluding Liability

In Star-Polaris v HHIC-PHIL, the High Court was asked to rule on the meaning of ‘consequential loss’ – a phrase commonly used in exclusion and limitation clauses in commercial contracts. The High Court chose to depart from existing precedent to rule that these words should no longer be given a fixed meaning but the meaning … Continue Reading

Our UK Intellectual Property Team leads our client to High Court Victory

We are pleased to report that our client, Process Components Limited (PCL), has been victorious in the High Court in a case concerning the sale and licence of intellectual property rights.  PCL was represented by our UK Intellectual Property team and secured a win on every issue in the claim. The decision is of interest … Continue Reading

EU: Indemnifying commercial agents – “new customers” can include existing customers, the CJEU rules

In a recent ruling, the Court of Justice of the European Union (CJEU) has interpreted the scope of the indemnity provisions in the Commercial Agents Directive.  The ruling will be of interest to businesses that appoint commercial agents as it extends the circumstances in which they may be required to indemnify the agent on termination … Continue Reading

New information obligations on EU businesses selling to consumers

UK businesses selling goods or services to consumers need to be aware of some new consumer protection legislation that is now in force.  The legislation requires these businesses to give certain information to their customers and to revise their complaints handling procedures.  The legislation originates from the EU meaning that businesses established in other EU … Continue Reading

Beware! French companies must arrange a mediator for consumer disputes by the end of the year

Currently, French consumers must bring any claims they may have against French companies to court.  However, starting 31 December 2015, French companies that offer goods and services to consumers will now need to set up mechanisms to make available to their consumers, free of charge, recourse to mediation in case of a dispute arising from the poor performance … Continue Reading

Consumers given new powers in the latest consumer law reforms

UK consumer protection laws change again today (1 October).  The Consumer Protection (Amendment) Regulations 2014 (the “Regulations”) come into force.  They give consumers a new direct right of redress against traders who commit certain breaches of the Consumer Protection from Unfair Trading Regulations 2008 (CPUT).  This development shifts the balance of power in favour of … Continue Reading

Hot Topics in Intellectual Property and Technology – Summer Edition

We are pleased to share with you our quarterly bulletin – Hot Topics in Intellectual Property and Technology. This bulletin highlights some topical developments in the UK in the areas of intellectual property and technology, contract, data privacy, trade secrets and advertising and media.  Our Hot Topics briefing is intended to keep you abreast of key … Continue Reading

Retailers must be ready for new laws on 13 June

On 13 June, UK consumer laws are changing.  The Consumer Protection (Information, Cancellation and Additional Charges) Regulations 2013 come into force on that day.  The Regulations make changes to the information which retailers (both online and offline) must give to consumers both pre and post contract, introduce enhanced rights for consumers to cancel contracts, prohibit … Continue Reading