Lupton Fawcett LLP - Openbrief » Business Advisory Services

Misleading Advertising - a recent ASA decision

Fiona Kingscott — Mon, 23 Aug 2010 11:31:37 +0000

The ASA Council (Non-broadcast) has recently held a retailer in breach of the CAP Code for having insufficient stock to meet anticipated demand. It found that internet retailer, Simply Be, has breached the CAP Code clauses 3.1 (Substantiation), 7.1 (Truthfulness), 16.4 (Availability of products), 27.4 (Sales promotion rules) and 30.1 (Availability), by an email it [...]

Whose law applies?

Fiona Kingscott — Wed, 07 Oct 2009 10:38:48 +0000

In a contract between parties situated in different countries, whose law applies? The answer is usually straightforward where the parties have signed a contract which states which law is to apply. In such cases, or where it can be implied that they have chosen a particular country’s law, the chosen law applies. However, in cases [...]

Employer’s Liability for Noise Exposure Could Reach as Far Back as 1978

Tanya Forret — Tue, 29 Sep 2009 13:44:31 +0000

Employers running businesses where noise is an issue may now face claims from employees dating as far back as 1978 following a recent Court of Appeal ruling in the case of Baker –v- Quantum Clothing. Quantum Clothing was found liable for the deafness of a former employee following a detailed consideration of the case by the [...]

Bribery Bill

Tanya Forret — Tue, 29 Sep 2009 13:43:05 +0000

In recent times there has been a distinct change in the emphasis by investigating authorities such as the Serious Fraud Office and Financial Services Authority. The draft Bribery Bill was laid before Parliament in March of this year and will doubtless be joining the plethora of other statutes covering business activities in due course. [...]

Confidential information and the ex-employee

John Sykes — Mon, 22 Jun 2009 12:05:25 +0000

This old chestnut has been in court again. The law about what information in a business is regarded as confidential and so must not be taken or used by an ex-employee is complex. The practical effect of the law often seems at odds with commercial common sense depending on the circumstances. In the most recent [...]

New tougher sanctions for breaches of the Data Protection Act

Fiona Kingscott — Wed, 20 Aug 2008 10:04:51 +0000

The Information Commissioner’s Office has recently been given the power to impose substantial fines on organisations that deliberately or recklessly commit serious breaches of the Data Protection Act. There have been warnings that, in the future, prison sentences may even be imposed. In a report by the Information Commissioner’s Office last year, the [...]

New Domain Names to be Allowed

Fiona Kingscott — Tue, 08 Jul 2008 12:32:46 +0000

ICANN has recently voted unanimously in favour of extending the number of Top Level Domains (.com, .co.uk, etc.) to allow companies to register their brand names as TLDs, and individuals to register their names as TLDs. Some time next year, therefore, we are likely to see a .tesco and a .microsoft, etc.. ICANN [...]

Franchising a business in the UK

Fiona Kingscott — Fri, 25 Apr 2008 10:04:39 +0000

A franchise is basically a trade mark licence, with the trade mark owner retaining control over how the franchisee’s business is run, giving assistance to the franchisee, and taking payments from the franchisee. To the outside world, the franchisee is the franchisor. Therefore, it is vital to the franchisor that he does have [...]

New laws amount to a general ban on unfair selling practices

Fiona Kingscott — Thu, 03 Apr 2008 15:32:05 +0000

The Consumer Protection from Unfair Trading Regulations 2008 come into force, subject to Parliamentary approval, on 26 May 2008. They introduce a general ban on unfair selling practices. They do not repeal the Unfair Terms in Consumer Contracts Regulations. They repeal the Control of Misleading Advertisements Regulations 1988, and certain sections of the Consumer Credit [...]

The IPKat reports …Will Obama change ‘Change Rocks’?

John Sykes — Fri, 11 Jan 2008 13:30:36 +0000

The IPKat has learnt of another setback for US presidential hopeful Barack Obama. A university student, Stefan Doyno, has challenged his use of the ‘Change Rocks’ slogan, claiming that he has a registered trade mark over the phrase, which he uses on jewellery where you can indeed change the rocks. A visit to the USPTO’s [...]

Company names which are confusingly similar to your own

Fiona Kingscott — Mon, 08 Oct 2007 09:39:27 +0000

There is to be a new right to complain to a ‘Company Names Adjudicator’ if you believe someone has set up a company with a name which is too similar to your own. By 1 October 2008, you will be able to fill in a form, stating why you believe a company’s name conflicts with [...]

ADR clause is binding and failure to invoke, bars legal action

John Sykes — Mon, 08 Oct 2007 09:23:44 +0000

An alternative dispute resolution (ADR) clause in a contract for the sale of certain business assets provided a specific dispute resolution process and a specific time within which disputes should be raised. The recent case of Douglas Harper v Interchange Group Limited [2007] was about certain business assets which had been sold where part of [...]