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
Duran Duran’s loss of a recent High Court case emphasises the importance of taking foreign law advice when dealing with IP rights that exist outside the UK. The ruling means that Duran Duran are unable to regain the US copyright for 37 songs, including “Rio”, “Hungry Like a Wolf” and “Is There Something I Should … Continue Reading
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
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
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
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
Eric Goldman’s Technology and Marketing Law blog has an interesting piece this morning on how companies have succeeded and failed with their click through terms of use. The piece reviews several recent cases with varying results. The upshot: Making sure web users actually click on something that says they have read and agree to … Continue Reading
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
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
The UK High Court has given a useful ruling on when statutory interest can be charged on debts arising under contracts expressed to be subject to English law but which otherwise have an international dimension. Statutory interest In the UK, the Late Payment of Commercial Debts (Interest) Act 1998 (the “Act”) implies a term into … Continue Reading
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
Our Spring edition of Hot Topics in Intellectual Property and Technology is now available. This is the second of our quarterly bulletins highlighting some topical developments in the UK in the areas of intellectual property and technology, contract, data privacy, trade secrets and advertising and media. Topics covered in this edition include: Reforms to UK … Continue Reading
The UK Court of Appeal has missed an opportunity to bring English law on liens up-to-date. In the case of Your Response v Datateam Business Media, it held that a supplier providing database services had no right to hold on to the database on termination of the contract until its outstanding fees were paid, unless … Continue Reading
Our new quarterly publication – Hot Topics in Intellectual Property and Technology – highlights the most significant legal developments in the UK and Europe in the areas of intellectual property and technology, contract, data protection and privacy, trade secrets and advertising and media. Our Hot Topics briefing is intended to keep you abreast of key … Continue Reading
Businesses that trade online should be aware of the implications of a recent judgment of Europe’s highest court, the Court of Justice of the European Union (CJEU). The upshot of the judgment is that, in the event of a dispute, a supplier may be sued by a consumer in the consumer’s home courts. This has … Continue Reading
